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, JULY 2, 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 JUNE 5, 2013. Acting Chairman Houle called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Member Kelly moved to approve the minutes of June 5, 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 AREA VARIANCES FROM SETBACKS FOR A SUBDIVISION AT 1 WATERVLIET AVENUE Surveyor Fred Metzger represented the property owner John Willsey in a request for two area variances from lot depth requirements. Mr. Willsey owns a two family on 1 Watervliet Avenue. The lot is approximately 180’ deep and stretches between Watervliet and Witbeck Avenues. Mr. Willsey purchased a 40x90 vacant parcel west of the two family which also faces Watervliet Avenue. The applicant proposes conveying 10’ of land to the vacant parcel in order to meet the City’s minimum lot width requirement of 50’. One Watervliet Avenue will still have a width of 70’. In addition, Mr. Willsey proposes subdividing the back portion of his parcel facing Witbeck Avenue, creating a 90’X90’ lot. Mr. Metzger explained that the applicant intends to build a single family home on each lot. One of the applicant’s children will inhabit each single family home. Mr. Metzger pointed out that the block is not deep enough to meet the City’s lot depth requirements. However, all other lot requirements are met: lot size, width and setbacks. Neighbor Leo Daigneault of 2 and 4 Watervliet Avenue opposes the variances. He avers that the new construction on Watervliet Avenue will block his view completely. However he supports the subdivision that creates a lot facing Witbeck Avenue. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Paul Lenz of 8 Watervliet Avenue described the applicant’s current property as a nuisance. He explained that the owner’s children live in the two family home and don’t maintain the property. In addition, a live band plays at the two-family home four times a week. During those activities the neighborhood becomes crowded with the cars of band and audience members. Mr. Lenz contends that two additional buildings will compound the parking problem because it will take away on-street parking. Donald Batting of 9 Watervliet Avenue agreed that the street is crowded with the current configuration and that additional housing would exacerbate the problem. Mr. Metzger rebutted that the properties will have more than the required off-street parking available in lieu of the one on-street space taken by a driveway at each location. In fact, the driveway would take 2-3 cars and the garage another 2 cars. As a result it could be argued that the proposal will alleviate the on-street parking problem. 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 CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR AN ADDITION AT 83 YOUNGLOVE AVENUE Gerald Warner of 8650 Miller Hill Rd in Averill Park proposed constructing a two story addition 5’ beyond the current footprint of the building in order to add a master bedroom suite. He avers that he cannot rent out the units without the addition because the existing bedrooms are too small at 9X7 or 9X6. He also offers that the addition will improve property values in the neighborhood. Since purchasing the property in October of 2012 he tore out the two story porch fire damaged in February of 2011. He also began demolishing the interior after receiving a building permit in April of 2013. He explained that the interior suffered water damage when emergency responders put out the fire. A few months after receiving the building permit the NYS Department of Labor (NYSDOL) stopped work requiring the property owner to obtain an asbestos survey. The asbestos survey of the interior found asbestos in the glue of the walls. NYSDOL then required additional surveys of the attic, basement and back wall. The survey found asbestos on the exterior wall. Mr. Warner is in the process of obtaining abatement company estimates for removal. Once the asbestos is removed he would resume rehabilitation of the structure. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Acting Chairman Houle summarized the request as removing a 7’ deep two story rear porch and replacing with a 12’ deep two story addition. Neighbors in attendance were distraught over the property conditions and asked that the variance be denied based on the owners failure to provide proper property maintenance during the renovation. For example, the grass is frequently high, the demolition entails piles of construction debris and appliances thrown from the windows and strewn on the lawn, and the structure has been exposed since the 2011 fire. However, since the property condition is an enforcement issue and the state provides a set of standards for making a variance determination, the discussion continued as to how the proposal would impact the neighborhood. Bob Whiting of 81 Younglove Avenue questioned the actual distance between the building and the property line. However, the applicant did not provide a site plan or property survey to prove the distance. Furthermore, Mr. Whiting averred that the additional 5’ of two story structure would loom over his yard as an eyesore. It would impede the enjoyment of his yard as the addition would block the breeze and sun to his yard. Moreover, the two story peaked roof would create a drainage problem. The addition would also use up the small backyard available at 83 Younglove Avenue. Finally Mr. Whiting pointed out the applicant can create larger bedrooms by knocking out walls rather than building an addition. Linda Wyrshyhora of 84 Younglove Avenue also objects to the variance. She finds that the addition would place the structure closer to neighboring properties which would create a safety hazard should the building suffer fire damage again. With the addition, homes to the rear of the property would be at equal risk as those located on the sides of the subject property. Second Ward Councilman Fred Turcotte opposes the variance request because the size of the addition will impact the neighbors as will drainage issues. He pointed out that the property maintenance conditions were poor prior to the NYSDOL’s order to stop work. The exterior property area has been filled with garbage which should be cleaned up prior to the granting of any variance. Fourth Ward Councilwoman Dianne Nolin also opposes the variance because it places neighbor’s safety at risk. Acting Chairman Houle questioned why the applicant could not rent the space with two bedrooms or conversely why the applicant couldn’t expand the bedrooms in the existing footprint. Mr. Warner claims the bedrooms are too small to attract a decent family for the rental. Given its proximity to the school he thinks a larger space would attract a family with school-aged children. Eric Whiting of 81 Younglove Avenue advised the public that he and his wife have two young children and live on one floor with a similar configuration and room sizes. Councilman Turcotte added that increasing the rental income for additional profit is not a hardship. Member Kelly moved to table the application pending submission of the following: 1) additional documentation proving setbacks; 2) financial information regarding rental marketability as well as economic feasibility of rehabilitating the home; 3) a drainage plan that meets NYS Uniform N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc Code and protects neighboring homes from damage; blueprints of the interior showing the implausibility of knocking out any walls to increase bedroom sizes; and 4) any proof the addition won’t impact neighbor’s use and enjoyment of their own properties. No members seconded the motion so it failed. Member Baranski moved to deny the application. Member Cotch 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 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. At this time Tom Brennan is no longer interested in purchasing the property. Mrs. Kimball has listed the land with Realty USA. As a result, she would like to withdraw her variance application. Member Kelly moved to adjourn at 7:45 PM seconded by Member Baranski. The motion passed unanimously. N:\Data\CED\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2013\ZBA Minutes 3.27.2013.doc