Zoning Board Agendas and Minutes

MINUTES OF THE COHOES ZONING BOARD OF APPEALS HELD IN THE COMMON COUNCIL CHAMBERS OF COHOES CITY HALL ON WEDNESDAY, February 27, 2013 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Mark Cotch Mr. Dan Kelly Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Ms. Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JANUARY 21, 2013. Chairman Hughes called the meeting to order at 6:30 p.m. The Chairman asked the recording secretary to take attendance. Vice Chairman Houle moved to approve the minutes of January 21, 2013. Member Kelly seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FOR PARKING AT 65 CONGRESS STREET Dan O’Neill of 1991 Brookview Road proposed opening the assembly space of the former Church for weddings, small concerts and recitals. Mr. O’Neill has been approached by the Franco-American organization, Community Watch, caterers, and producers of small plays who have all showed an interest in renting the facility. Other members of the community suggested it would enhance the City considerably to have such a venue. However, in order to do so Mr. O’Neill needs a parking variance. He provided documentation showing several municipal parking lots within 800’ of his property in which case the code authorizes the planning board to make an exception. However, Planning Board wanted to ensure neighbors would not be negatively impacted by the proposal. Since Mr. O’Neill has parking onsite – 45 regular spaces and 16 overflow – he avers a need of 13 – 40 spaces depending on the event. Mr. O’Neill also asserts that Cohoes has ample public parking. He had opened his parking lot up to neighbors for two years, but no one used the lot. He also pointed out that he did not create the problem and reopening the assembly space will benefit the City. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 2.27.2013.doc Brennan Cleary of Raven’s Head Brewery, is under contract to purchase the former Cramer’s Armory. The brewery needs a venue larger than the Foundry at 119 Remsen Street in order to accommodate events such as those Mr. O’Neill proposes at 65 Congress Street. In fact, this site is one of the reasons Raven’s Head Brewery is interested in Cohoes. He offered the 15 parking spaces available at the Armory to Mr. O’Neill’s proposal. Bernie Ouimet is a former parishioner of St. Joseph’s. He explained that the re-use of a former church is tough and requires creativity. However, re-use cannot happen without a parking variance. He believes the building could be an asset to the neighborhood and the City as a cultural center for concerts, presentations, art and films. The proposal does not compete with the Cohoes Music Hall which is a larger amphitheater for plays and musicals. Randy Koniowka of 142 Second Avenue is working with Mr. O’Neill on the proposal. He finds the applicant to be enthusiastic. Moreover the proposal will bring the building back and benefit the City. Therefore he supports the variance request with the caveat that the applicant provide parking attendants. Diane Nolin, Fourth Ward Councilwoman expressed concerns about capacity in the downtown area. She questioned whether hours of operation and alcohol use would cause any problems. She also thinks parking and traffic might cause a negative impact. She asked whether the valet parking would take cars to a specific municipal lot since there are several listed. Are those spaces committed or available? For example, some applicants have been asked to pave lots in exchange for reliance for meeting parking needs. Chairman Hughes commented that all municipal parking is first come first served, even if the applicant made improvements as a planning board concession. Alfred Turcotte, Second Ward Council Representative, supports the proposal. However he would like to ensure that any restrictions are clear and enforced. He referenced an agreement between the owner of 119 Remsen Street and 134 Remsen Street whereby the occupants at 119 Remsen would park behind 134 Remsen. He avers that the occupants park on the street. The agreement was a private agreement between the parties. In a second scenario the restaurant at 96 Remsen Street agreed to use the municipal parking lot. However they also park on the street. Councilman Turcotte commented that if the municipal lot is full the police should enforce the two hour parking restriction so the lot is available to those with whom the City has created a conditional variance for use. Chairman Hughes added that the variance goes with the land and if these parties are not abiding by the conditions it is up to the enforcement departments to remedy. Councilman Turcotte also pointed out that Smith’s municipal lot hosts the Farmer’s Market Fridays. In addition he does not want to unjustly impact existing neighborhoods. He just wants the City to cover all bases and do things right. Lynn DelSignore recently purchased 47 Lancaster Street. She believes Cohoes wants to be a better community. However she questions where the assembly occupants would park. She would hope that the City is at least considering creation of more public parking areas in order to support more businesses. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 2.27.2013.doc Mr. O’Neill rebutted he has 64 parking sites onsite. In addition 4-5 people may arrive in one vehicle, and municipal parking lots are within walking distance. Moreover, he is offering valet parking. Furthermore he has offered off-street parking to residents during snow emergencies and on street sweeping days to no avail. Therefore he questions the need for parking. Chairman Hughes questioned whether the 64 parking spaces available at St Joseph’s include those slated for the students’ dorms. Mr. O’Neill confirmed that was the case, but that he is not limited to one student per room at this time and would not be interested in limiting the occupancy. However, it is possible that some students would not have a vehicle and would rely on public transportation. For example he is interested in marketing to foreign exchange students and instituting a shuttle service provided by CDTA. Regardless, he has 43 remaining parking spaces. Mrs. DelSignore questioned the grassy area. Chairman Hughes explained that is the 16 overflow parking spaces. It also provides snow storage during the winter. As to the question concerning a liquor license, that is given to the individual. Therefore, with the sale of the property a new owner would need to reapply. Furthermore, Chairman Hughes expressed the City’s interest in revitalizing the downtown area. In order to do so everyone has to share in some inconveniences of change before the City can commit to building additional parking lots. He drove downtown near St. Joseph’s on different days and times over the past month and found that the area – including St Joseph’s parking lot – had sufficient parking on Saturday night at 6:30pm. Communities have to accommodate some change in order to succeed. Councilwoman Nolin asked if the code provides for any capacity limitations. Chairman Hughes replied that the Board can address that; then he asked Mr. O’Neill how he would handle capacity. Mr. O’Neill explained that the 81 spaces behind 134 Remsen Street available after business would accommodate his needs as his assembly area requires a maximum of 80 spaces. Chairman Hughes commented that meant that events could only be held after business hours on Member Kelly commented that parking lot is only needed for events that attract that many participants. Member Baranski asked the maximum occupancy of the building. Mr. O’Neill’s best estimate is 150-200 people maximum. Councilman Turcotte asked what would happen if Mr. Gallagher sells his property. Chairman Hughes explained that for the time being the applicant has enough parking available and the City is looking to add parking in the future. Furthermore, a new owner would have to abide by the same conditions as those imposed on the current owner. Member Baranski moved to approve the use variance as conditioned: 1. Use only 6400 sq ft of assembly space; 2. use valet services to municipal parking lots with a) notice provided to the City one week in advance; and b) for events featuring 100 occupants or more; and 3. abide by all previously issued conditions from the parking variance granted for dormitory housing. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 2.27.2013.doc Vice Chairman Houle seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X Vice Chairman Houle moved to adjourn at 8:00 PM seconded by Member Cotch. The motion passed unanimously. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 2.27.2013.doc