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, June 5, 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 APRIL 24, 2013. Chairman Hughes 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 April 24, 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 X Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AREA VARIANCES FROM SETBACKS FOR A SHED AT 2 FOXHOLLOW SQUARE Lynn Dudeck proposed installing a 7X7 rubbermaid shed 1’ from the side property line. She averred that no one will see the shed due to the location. However, she will derive a great benefit from the shed as she does not have a basement. Chairman Hughes asked the height of the shed which is 9’. He also questioned how the shed will fit as the lot appears small during site visits and from photographs. Ms. Dudeck explained the backyard is 24’ deep from the back of the house at best then angles down. The shed is near the house sliding glass door. Member Kelly moved to approve the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle ABSENT Mark Cotch X N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A SHED AT 14 DEVLIN Jason Byers proposed installing a 7X7 rubbermaid shed 6” from the side and rear property lines. Chairman Hughes questioned height and pointed out the applicant would not be able to mow behind the shed. Mr. Byers intends to install stone along the side and rear of the shed. He also explained the shed would be 9’ tall. Member Kelly asked if the applicant owns the fencing, which Mr. Byers confirmed. Member Cotch moved to approve the variance. Member Kelly seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN USE VARIANCE FOR A COMMERCIAL PARKING LOT AT 98 JOHNSTON AVENUE Attorney Carolyn Guresz represented 98 Johnston Ave property owner Leona Kimball in the request for a use variance. Mrs. Kimball had originally purchased the property to construct an ice cream stand. Due to familial obligations she could not realize her dream. The ZBA had requested marketing information from the attorney at last month’s meeting in order to determine the owner’s hardship – her inability to sell the property. However, Mrs. Kimball offered the property by word of mouth by speaking to the Mayor instead of placing it on the real estate market. Ms. Guresz added that Former Fire Chief Ray LeMora told her the property used to be a gas station and the tanks were filled with sand and left in the ground. If it is a brownfield it would make sale of the property difficult. Ms. Guresz also countered the neighbors’ arguments that the use would limit on-street parking and change the character of the neighborhood. She pointed out the neighbors can continue to park on-street. In addition, trailers park at the intersection of Broadway and Johnston Ave – right across the street from the proposal. Finally the frequency of moving the trailers is minimal. Mr. Brennan might move one of the trailers once every few days. Second Ward Councilman Fred Turcotte reiterated what 30 neighbors had stated at the last ZBA meeting: the use is ill-suited to the location. Mr. Brennan is a well-respected businessman; however the proposed business does not fit into a residential zoning district. Fourth Ward Councilwoman Diane Nolin agreed that the proposal would have a negative impact on the neighborhood. Furthermore she added that the applicant has not proven a hardship. As a result Chairman Hughes asked that the applicant attend the meeting to answer questions. In addition, Member Kelly requested that the owner arrange soil testing to resolve the question of N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc whether the property constitutes a brownfield. Moreover, the Board asked for more detail on what steps the owner took to sell the property. For example, which Mayor did she talk to about selling the property? Therefore Member Kelly moved to table the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACK AND LOT SIZE REQUIREMENTS AT 161 MASTEN AVENUE Joe Bianchine of ABD Engineering represented the 9 unit proposal at 161 Masten Ave. Developers Jerry and Jeremy Krug also attended the meeting. Mr. Bianchine explained that the proposal includes eight townhouse units and a single family home. The townhouses are divided between four structures which wouldn’t need variances if the units were proposed as rental units. However the applicant would like to sell each unit separately to increase the chances of owner occupied homes. Moreover, the applicant cannot make a reasonable return on five single family units in the neighborhood. Although the applicant could construct up to eleven townhouses on the lot for rental without a variance, neither the developer nor the neighbors would want that configuration. The specific variances required: the subdivision at the party wall makes a 10’ side setback for the principal structure impossible; the lot width for each unit would be 38’ rather than 50’; and the lot size would be 4,200 sq ft rather than the required 5,000 sq ft. Al Spadoni lives at the end of Masten Avenue and thinks the proposal doesn’t fit the character of the neighborhood. Jim Pascarelli of 160 Masten Ave adds that the driveways take away from on-street parking. In addition since the units lack basements the garages will be used for storage rather than parking. Ben Jarosz of 172 Masten Ave believes that nine residential units will add 24 cars to the already narrow and congested street. He also thinks townhouses won’t fit in demographically. Instead he’d prefer four single family homes. Ben Jarosz of 4 Simmons Ave Extension also thinks the proposal is out of character with the neighborhood. He also thinks the lack of basements will make parking more difficult. Finally he is concerned that other vacant lots will become a similar development. Councilwoman Nolin also does not like the increase in density, parking problem or traffic volume. Robert Westcott owns 160 Masten Ave and is concerned about the lack of safety for emergency vehicles. He argues that a 75’ ladder truck would not be able to turn around at the end of the street. Instead he thinks 5 homes would be perfect. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Chairman Hughes explained that the variance request is the result of a glitch in the code which does not clarify the minimums required for this particular type of permitted structure. The applicant can do the project as eleven townhouses without a variance IF the proposal weren’t established as owner occupied units. The applicant could also construct two rental flats without a variance. Instead the developer wants to sell each unit to increase the chance of owner occupancy in each unit, which is clearly the preferred market. Furthermore, although unused land amidst older housing stock poses a difficulty the owner of the property has a right to develop within the code. The proposed structures are permitted in the zoning district; however the zoning code is vague on the minimum setbacks, lot width and size for an attached structure. As a result, the ZBA is rectifying a shortcoming of the code as is the ZBA’s mission in accordance with state law. Finally, growth, which is good for the City and the neighborhood, goes to vacant land. The code permits two family and townhouses. Although change is worrisome, the applicant could construct eleven rental townhouses without a variance. Instead the applicant is trying to construct the more coveted owner occupied homes. The complaint about using the garage for storage is beyond the Board’s control. Member Cotch questioned the asking price, which starts at just under $200,000. Councilman Turcotte advised neighbors to work with the developer to request specific items to improve the project. One neighbor asked if each house could look different. Member Cotch moved to approve the variance. Member Kelly seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle ABSENT Mark Cotch X Member Cotch moved to adjourn at 7:40 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