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, April 24, 2013 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Mark Cotch Mr. Dan Kelly Mrs. Joyce Baranski ABSENT: Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Ms. Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM MARCH 27, 2013. Chairman Houle called the meeting to order at 6:40 pm. The Chairman asked the recording secretary to take attendance. Member Cotch moved to approve the minutes of March 27, 2013. Member Kelly seconded the motion, roll of call was taken and the motion passed three to one abstention as Chairman Hughes had been absent from the prior month’s meeting. YES NO ABSTAIN John Hughes ABSTAIN Joyce Baranski X Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN USE VARIANCE FOR A COMMERCIAL PARKING LOT AT 98 JOHNSTON AVENUE Tom Brennan owns TnT Towing which spans several properties throughout Cohoes, including two across the street on Johnston Avenue. Due to his proximity to the98 Johnston Avenue lot he retained a real estate agent to uncover the owner’s contact information and ask if she would be willing to sell. The owner claimed she had trouble selling the property for over 25 years. Mr. Brennan proposes fencing in the vacant lot which he would pave to park his trailers. He likes the location because he can use his existing security cameras and facilities from the two lots on Johnston Ave. Kurt Seguin of 73 Johnston Avenue described the current nuisances from the existing two properties – located in the MFR and MU-1 districts - used for parking TnT trucks. The trucks start up noisily at 3am and idle to warm-up. Then the trucks thunder down the road past the homes of residents in the R-2 residential zoning district. The fumes permeate the air and enter the residential neighborhood’s homes through open windows in the warm weather. During the day trucks enter and exit the neighborhood randomly, making it unsafe for children to play on the sidewalks or cross the streets. Although Mr. Seguin feels that TnT Towing is a valuable business for Cohoes, he does not think this lot is suitable for the proposed use. Since it is in an R-2 residential district he opposes the use variance to make the parcel a parking lot for trucks or trailers. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Furthermore, neighbor Edward Collins adds that the industrial proposal would detract from the neighborhood character at a time when residents and the City are working to improve and enhance residential areas. He also pointed out the significant parking problem in the neighborhood and recommends the City purchase the property to create parking. Tony Kasaywa of 37 Broadway agreed. In addition he stated the trucks shake the houses when they pass. Robert Bullock of 20 Broadway averred that neighboring property values would plummet should the ZBA approve the proposal. Fourth Ward Councilwoman Diane Nolin expressed her concern that the proposal would negatively impact the neighborhood. Jane Girolamo pointed out that 13 houses in the neighborhood are vacant. Once occupied those occupants would drive 13-26 cars which would need to park on the street. Council member Fred Turcotte supports Tom Brennan as a longtime business owner in Cohoes. Mr. Brennan employs residents, cares for the properties he owns and occupies with his business, and he contributes to the City as a homeowner and business man. Attorney Caroline Guerez represented the property owner, Leona Kimball. Ms. Guerez explained that the property is privately owned yet neighbors park on the parcel and dump trash. Entry onto the parcel constitutes trespassing. Furthermore, she continued to explain that the owner feels hounded by the City to maintain the parcel. Neighbors interjected that the owner doesn’t maintain the property well. Ms. Guerez countered earlier arguments that the proposal alters the character of the neighborhood. She pointed out that TnT Towing owns and occupies two parcels on Johnston Avenue just across the street. Moreover, Ms. Guerez thinks the trucks don’t move everyday on any regular basis. Ms. Guerez stated that the property had been a gas station, making it a brownfield ineligible for development due to remediation costs. Ms. Guerez then described her client’s hardship in trying to sell the property. She offered that neighbors can buy the property to create parking. However, the current owner – Leona Kimball – has not had any success selling the property. Chairman Hughes asked how long Mrs. Kimball marketed the property. He explained that the state standard for showing hardship requires the applicant to prove unmarketability of the property for uses permitted in that zone. The easiest way to prove such would be to show the owner had marketed the property unsuccessfully. In response to Ms. Guerez’s concern that Mrs. Kimball advertised “For Sale By Owner” without any interest or contracts, Chairman Hughes suggests the applicant provide dates of advertising. Member Cotch moved to table the variance. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN USE VARIANCE FOR A SHOE STORE AT 4 BROADWAY Mohammed Abbas purchased 2 and 4 Broadway. He occupies 4 Broadway with his family and rents 2 Broadway. Two Broadway has a driveway with five parking spaces available. Four Broadway is a three story brick home that is too spacious for his family. The first floor had been a barber shop at one time. Mr. Abbas would like to operate a shoe store on the first floor. Chairman Hughes asked if there was any reason the applicant couldn’t use the first floor as residential. Mr. Abbas explained that the seller represented the first floor as commercial space with a potential for future retail expansion. Chairman Hughes asked what inventory and customers the applicant expects. Mr. Abbas would like to sell shoes – sneakers, dress shoes – to neighbors. Chairman Hughes asked if the applicant supplied a drawing of the site plan or the interior layout. However, Mr. Abbas hadn’t drawn the parking layout or the proposed interior layout. Kurt Seguin objected to the proposal due to existing parking problems on the street. He also questioned what type of garbage removal would be available. Other neighbors questioned the hours of operation, hours and placement of deliveries, and whether the variance would stay with the property – which it would. Mr. Abbas indicated hours of operation would be 10am-5pm. The other items would be reviewed during a site plan review through the Planning Board. Councilwoman Diane Nolin suggested that with the availability of Remsen Street storefronts it seems unnecessary to burden a residential neighborhood with the potential nuisances of a retail use in an R-2 zoning district. Councilman Fred Turcotte agreed. He also suggested the applicant provide a five year business plan. Member Kelly moved to table the application pending more information and drawings. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACK REQUIREMENTS AT 3 DEERFIELD DRIVE N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Bob Huber requested an area variance of 5’ to install a shed 5’ from the rear property line in the back yard of his home at 3 Deerfield Drive. The existing trees and fence obscure the shed. Mr. Huber wants to preserve the yard. He will remove the existing shed which has rotted. Member Cotch moved to approve the variance. Member Kelly seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF A USE VARIANCE FOR CAR REPAIR AND DETAILING AT 339 SARATOGA STREET Richard Vincente rents the garage at 339 Saratoga Street. He would like to detail cars and provide minor auto repairs such as oil changes, brakes and battery changes. Diane Grego asked how the applicant proposes disposing of the auto fluids. Mr. Vincente will store the waste oil in a tank which he will bring to Advance Auto Parts for disposal. Councilman Fred Turcotte asked if the applicant needs a NYS license. Mr. Vincente applied through DMV but was told he needs City approval first. Chairman Hughes asked about the source of water for car detailing, where the used water drains and how the water is discharged. Mr. Vincente is using metered water from the City. The garage has a floor drain which Mr. Vincente claims discharges the water to the land surrounding the garage. Mrs. Grego asked if he proposes recycling the water, which Mr. Vincente does not intend to do. Since he rents the garage he does not want to invest in the building. Chairman Hughes asked if the garage has electricity, lifts for automotive work and the required restroom. Mr. Vincente intends to use jacks to lift the cars. The facility has electricity and a restroom. Chairman Hughes explained that the State may require either a lift or a pit for a commercial enterprise. Other costly improvements may be required for the proposal, so Chairman Hughes recommended the applicant develop a detailed business plan. Member Kelly also has site concerns with egress and parking for this particular use. The applicant would need to submit a site plan with traffic and parking, landscaping, garbage removal and snow storage delineated. As a result, Member Kelly moved to table the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Joyce Baranski X Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF A USE VARIANCE FOR THREE RESIDENTIAL UNITS AT 257 COLUMBIA STREET Andrew Britt is under contract to purchase 257 Columbia Street, which is located in the R-1 residential zoning district. The property is currently listed as a doctor’s office and second story apartment due to a special use permit granted to the previous owner. Mr. Britt proposes changing the use to a three family residential structure which is not a permitted use in the R-1 zone. The double-sized lot contains a large parking lot which would provide sufficient off-street parking for all tenants, including tenants who live in another three family home the applicant owns two doors east of the subject property. Mr. Britt owns 251 Columbia Street, which is a three family structure located in the MU-1 mixed use zoning district. The MU-1 zone permits multi-family structures while the R-1 zone does not. However, Mr. Britt offered that the structure has a rear addition with a kitchen and bath which could easily be made into a studio apartment sufficient for 1-2 people. The remainder of the first floor could be a two bedroom apartment, whereas combining the two and making the first floor one apartment would permit even more occupants. Councilwoman Diane Nolin received several calls from neighbors concerned about changing the character of the neighborhood. In addition, although this applicant intends to allow tenants of 251 Columbia Street to park in the lot, he could easily sell off the properties to separate owners. Neighbor Dorothy Megan wrote a letter echoing those concerns. Chairman Hughes countered that the parcel could be considered unique because of the double-sized lot, large parking lot and the office. Furthermore, the applicant argues that the three units would make the property financially solvent. Diane Grego opposes the proposal because the R-1 zone was created to prevent multi-family homes. Conversion of one large home into three apartments would set a precedent for other homeowners to do the same. Moreover, the street is full of large single family homes occupied by older residents. Permitting the use variance in this instance would allow each of those homes’ future buyers to apply for the same permission. Furthermore, she does not believe the owner is financially harmed by preserving the home as-is since he is aware of its existing condition during the purchase process. As a result she prefers it remain a single family. Any other use would change the character of the neighborhood. Mr. Britt described some of the other potential buyers’ interests: a hair salon, belly dancing, a coffee/tea shop, or tattoo parlor. The building is approximately 3,700 sq ft total. Furthermore the rear has a bath, kitchen and living room and only needs a wall separation from the proposed second apartment. The front proposed unit has two forms of egress. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Member Kelly indicated that a change in the character of the neighborhood would result from a change in the appearance, look or feel. He doesn’t see the proposal as changing the character of the neighborhood. The Gregos averred that the density and occupancy does alter the look and feel. They also questioned the need for a zoning code if it is constantly changed. Chairman Hughes described the Zoning Board’s role as relief from an egregious law, as in the case of a unique property. Member Kelly moved to approve the variance. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle ABSENT Mark Cotch X Member Cotch moved to adjourn at 8:40 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