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, March 27, 2013 MEMBERS PRESENT: Mr. Mark Cotch Mr. Dan Kelly Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman ABSENT: Mr. John Hughes, Chairman ALSO PRESENT: Ms. Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM FEBRUARY 27, 2013. Chairman Houle called the meeting to order at 6:30 p.m. The Chairman asked the recording secretary to take attendance. Member Kelly moved to approve the minutes of February 27, 2013. Member Cotch seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FOR A STAND ALONE SIGN AT 480 COLUMBIA STREET Chuck Marshall of Stewarts originally proposed installing an LED gas price sign on the canopy. However, the addition of a diesel pump created a need for larger signage and the canopy sign would have blocked the diesel handle. As a result, Stewarts proposes a 15’ internally lit stand alone sign. The gas prices will remain LED lighting in red and blue. Mr. Marshall explained that the CVS across the street has similar signage. Councilwoman Diane Nolin asked to see a drawing of the sign. Member Kelly asked why both prices can’t fit on the canopy. Mr. Marshall explained it would appear confusing for the customers. Member Cotch asked if it is similar to the sign in Waterford, which Mr. Marshall confirmed. Acting Chairman Houle asked if the sign is internally lit, which Mr. Marshall also confirmed. However he pointed out it won’t be glaring because it is burgundy rather than bright white. Charles Alonges of 4 Wilson Lane questioned the height and whether it is due to site distance for traffic. Mr. Marshall agreed that Stewarts wanted to ensure traffic could turn safely at that corner, and that the sign’s height enables drivers to see oncoming traffic. Councilman Turcotte asked the canopy height and whether it was about the same height as the proposed sign. Mr. Marshall agreed that was the case as the canopy is 14.5’ and the sign is 15’ total. Councilwoman N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Nolin asked if other signs for Stewarts are that height. Mr. Marshall recalled that the Stewarts sign on Route 9 past the Crescent Bridge is that height. Member Kelly wondered whether the sign could be reduced by removing the Stewarts logo. He pointed out that the property will contain other signage and the building’s architecture is in effect a logo for Stewarts. Mr. Marshall countered that the canopy will not have any signage. Instead it will have white molding. Member Cotch moved to approve the variance. Member Baranski seconded the motion which passed three to one. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM PARKING REQUIREMENTS AT 130 MOHAWK STREET Chris Laviano owns a three unit apartment building at 130 Mohawk Street. Existing apartments are in the basement, first and second floor of the structure. The applicant would like to construct a fourth apartment on the third floor. He explained that the second floor is a 1600 sq ft space. Since he lives alone he would like to occupy the smaller, third floor one bedroom apartment. Cohoes Local Code requires an applicant to provide on-site parking for the entire building with any change or expansion of a building’s use. In this case, adding a fourth apartment would require the applicant to provide a total of eight parking spaces. However, as a downtown property the applicant has only one parking spot in a garage located just off the alleyway. Member Kelly asked if the applicant could create additional parking on the property, which Mr. Laviano explained would not be possible. Member Kelly finds the location difficult for parking and traffic flow due to parking. Mr. Laviano avers that the only time there is a parking issue is when the church hosts events. He concedes traffic is tight at that location. However, there appears to be plenty of parking on Pine Street. Councilman Turcotte asked how many cars the building occupants currently contribute. Mr. Laviano has a vehicle and each of his tenants has one vehicle. Councilman Turcotte asked how long the applicant has owned the property. Mr. Laviano purchased the property on January 4th of 2012. If he cannot move into the fourth unit he will have to move elsewhere. Melissa Ashline-Heil distributed a written complaint received from a neighbor at 122 Mohawk Street and conveyed two other neighbors’ opposition garnered by phone. In the written N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc complaint Peggy Lashway complains that she has had to park two blocks or more from her home. Mr. Laviano suggested that since she has a disability she could apply for a parking sign. Member Cotch moved to approve the application. Member Baranski seconded the motion which failed two to two. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM FRONTAGE REQUIREMENTS FOR A SUBDIVISION AT 46 MANOR AVENUE Dariusz Figiel sought an area variance from frontage requirements in the R-1 zone. Mr. Figiel has a 1.9 acre lot he would like to subdivide. However, the code requires 70’ of frontage for each subdivided lot and the total available frontage is 115’. As a result, Mr. Figiel proposes two lots of 60’ and 55’ respectively. The existing home would remain on the first lot and he would construct a new single family home on the newly created vacant lot. Member Cotch asked about an access road. Mr. Figiel explained he would install a driveway on the vacant lot. Member Kelly pointed out that would require a curb cut and traffic approval. Acting Chairman Houle asked if the applicant would occupy the newly constructed home, which Mr. Figiel confirmed. Member Cotch asked what would happen to the existing home. Mr. Figiel intends to house his college aged children in the existing home. Member Kelly moved to approve the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X Member Cotch moved to adjourn at 7:10 PM seconded by Member Kelly. The motion passed unanimously. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc