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 26, 2014 MEMBERS PRESENT: Mr. Mark Cotch Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman Mr. John Hughes, Chairman Mr. Dan Kelly ALSO PRESENT: Ms. Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JANUARY 22, 2014. Chairman Hughes called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Member Cotch moved to approve the minutes of January 22, 2014. Vice Chairman Houle 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 FROM PARKING AT 289 ONTARIO STREET Jake Dumesnil purchased the three story building which contains two businesses on the first floor and three loft apartments on the third floor. On the third floor one tenant occupies one unit while two occupy a second and the third remains empty. The second floor remained vacant since its use as the Moose Lodge 23 years ago. Mr. Dumesnil and his business partner intend to restore the building, investing their own money in to the purchase and renovation. As part of the restoration, the partners propose constructing two apartments on the second floor. The east side unit would be 750 sq ft while the west side unit would be 900 sq ft. Mr. Dumesnil asked several people to speak or submit support in writing. David Mitola, a local dentist with an office on Remsen Street, submitted in writing his support for the proposal. Danielle Newelle, the applicant’s first floor tenant also supports the proposal. She said that parking isn’t a problem for the building’s occupants and the new tenants will become clients of hers and customers of the other commercial tenant: the deli. Cohoes wants more people in the City to patronize the businesses and provide a presence in the downtown area at night. She said the tenants will park in lots after hours when most businesses are closed. Finally, she is thrilled to have a new landlord that intends to provide appropriate maintenance and restoration of the building. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.20.2013.doc Joseph Moloughney, Planning Board Chairman and resident at 1 Roosevelt Blvd, also supports the proposal. He finds the instant proposal trivial in comparison to large parking requests from venues such as the conversion of the former St. Joseph’s to an assembly place for concerts. Moreover, the building is within 500’ of several municipal parking lots. Finally, the parking is a matter for the Common Council to consider, not the Zoning Board of Appeals. Randy Koniowka appreciates the applicant’s character as Mr. Dumesnil was raised in Cohoes, is raising his family in Cohoes and now is investing in Cohoes. Mr. Koniowka also wants Cohoes reactivated through the restoration of downtown buildings and occupation of those spaces. He adds that only 2-4 vehicles will be added and the occupants will likely work during the day when downtown is open for business. He also avers that the parking problem is one of perception not reality. As a result he looks forward to additional residents in the downtown area who will spend money in Cohoes and keep the downtown safe during the evenings. Diane Nolin added that downtown Cohoes has some parking issues. However, Councilwoman Nolin agreed that the applicant will be an asset to the downtown area. Chairman Hughes asked whether the applicant would rectify the windows on the façade per the Historic Board’s standards. Mr. Dumesnil agreed – indicating that he has been working with the Building and Planning Office to develop a plan for restoration of the space. Chairman Hughes concurred that the parking issue is for the Common Council to address. Downtown development is positive for the City. Vice Chairman Houle added that this application is distinguished from other, rejected applications because of its proximity to municipal parking lots. That the second floor is currently unoccupied also distinguishes this proposal. Finally the area in question is not narrow or lacking in parking. As a result, 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 X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SIDE SETBACKS AT 90 FIRST STREET Al Pailley requested retroactive approval for constructing his new home 5’ from the side property line. The previous two-family structure had been 3’ from the side property line. Mr. Pailley demolished that structure and rebuilt the foundation using two of the existing walls. He then placed a new modular on the foundation. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.20.2013.doc Randy Koniowka vouched for Mr. Pailley as a member of a long-standing Cohoes family and diligent property owner. Mr. Koniowka thinks the new home and improved property add value to the neighborhood. Chairman Hughes asked about the building permit confusion, which Mr. Pailley took responsibility for. The family obtained a demolition permit and thought it covered construction as well. The contractor was stopped and the family rectified the matter as quickly as possible, applying for the variance at that time. Vice Chairman Houle moved to approve the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Dan Kelly X Frank Houle X Mark Cotch X Member Cotch moved to adjourn at 7:00 PM seconded by Member Baranski. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.20.2013.doc