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, MAY 28, 2014 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Francis Houle, Vice-Chairman Mr. Dan Kelly Mr. Mark Cotch ABSENT: Mrs. Joyce Baranski ALSO PRESENT: Ms. Melissa Ashline-Heil, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM MARCH 26, 2014. Chairman Hughes 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 March 26, 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 ABSENT Dan Kelly X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS AT 282 CENTRAL AVENUE Cynthia Muzio requested a variance from side setbacks to construct a 6’ deep addition at the rear of her house that would sit ½’ from the side property line. Existing conditions include an addition, shed and deck which the applicant would remove prior to construction. The principal home is setback ½’ from the side property line and the addition would extend the side wall 6’. Member Kelly commented that the proposed addition would reconfigure the roof and stretch it out. Chairman Hughes added that the proposal improves the property’s conformance with setbacks since the existing addition is wider than the principal structure. In addition, the deck, shed and addition leave little room between to the rear property line. As a result, Vice Chairman Houle 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 \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 5.28.2014.doc Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS AT 109 RENSSELAER AVENUE Father and son, Stephen and Shane Matzen, applied for permission to construct a deck off the riverside of the residential structure located at 109 Rensselaer Avenue at last month’s meeting. Mr. Stephen Matzen decided he would like to widen 8’ of the deck to 10’. Engineering requested that the variance reflect that change and that the revised drawings be submitted to ZBA for approval. Therefore Mr. Matzen asked for permission to change the dimensions of the porch. Vice Chairman Houle 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 X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM FENCE HEIGHT AT 220 BERKLEY AVENUE Anthony LePage represented his daughter’s application for a fence height variance. City code restricts fence height to 6’. However, in paperwork submitted Mrs. Laura Tarlo averred that the proximity of Berkley Park and the grade of the land made a 7’ fence necessary for privacy and safety. She would only install the higher fence along the section of her property that abuts the park. All other fencing would be 6’ high of the same material. Chairman Hughes asked the purpose of the additional height and whether the fence would sit on the property line. Mr. LePage indicated that the tree line and swale demarcate the property line and the fence would be installed inside the property along the edge of the tree line. When the leaves fall the property is exposed to the park and the proposed fence would preserve privacy and safety. As a result, Member Kelly moved to approve the variance. Vice Chairman Houle seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 5.28.2014.doc Mark Cotch X CONSIDERATION OF A USE VARIANCE FOR OVERNIGHT TRAINING AT 244 ONTARIO STREET Dan Sanders represented owner Dr. Vrao Volenti in a request to convert a former medical office buildings into a senior center on the first floor and a training school on the second floor. The building contains a Samaritan Lab, but is 90% vacant at this time leaving 3500 sq ft on the first floor and 3800 on the second floor. Mr. Sanders averred that the mixed use permitted in the district would continue because the owner proposes a first floor Senior Center with offices. Seniors would gather to play cards and socialize in the space. A small warming kitchen would be installed for snacks. The second floor would dedicate 2583 sq ft for the offices, training room and computer lab. The remainder would contain sleeping rooms and bathrooms for the training students and one staff person. The parking lot contains 14 spaces – too few for the size of the building and any proposed or permitted use. Mr. Sanders suggested that the proposed use would negate a need for parking spaces since the participants would arrive by public transportation from out of town. He has drafted the plans to show five bedrooms with two beds in each room and a bathroom for every 2- 3 rooms. The 10 students would live in the building for one to two weeks. The overnight expenses are incorporated into the costs reimbursed by the State. Dr. Volenti explained that the attendees are unemployed and the program makes them employable. Students in the program would receive computer training for state work. The nonprofit organization providing the training has an office in NYC and receives State funding for each student’s training and accommodations. The students would patronize local businesses and possibly settle in the area. Councilman Fred Turcotte questioned whether the proposal included drug rehab. He also wondered where the students currently live. Is the organization a for-profit or would the building be taken off the tax rolls? Dr. Volenti denied that the program includes any drug rehabilitation. The students would come from NYC. And the program is a nonprofit 501(c) that would take the building off the tax rolls. Chairman Hughes questioned why the building – which contained medical offices as recently as last year – could not continue to be used for medical offices. When did the providers leave and why? Dr. Volenti explained that when the hospital closed the patients dwindled. Therefore most of the doctors retired and/or moved out of state. The physical rehabilitation provider left in June of 2013. The last office closed in October of 2013. Chairman Hughes asked whether the applicant purchased the building as empty. He explained that zoning rules require an effort to make permitted use of the property prior to approval for a use variance as well as an economic statement that the property cannot make a reasonable return without the use variance. Dr. Volenti described the previous owner’s attempt to sell the building \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 5.28.2014.doc over a 2-4 year period. The group of doctors that owned the building sold to Mr. Volenti’s non- profit after failing to sell at market rate and losing the building to foreclosure. The building was sold at auction in November of 2013 when Dr. Volenti bid, receiving title by January of 2014. Chairman Hughes requested proof of these sales attempts, which Dr. Volenti agreed he would provide prior to the next meeting. Chairman Hughes also requested a detailed description of the state funded program. For example, duration and training program specifics. Member Kelly also questioned the purpose of the foundation and where the students come from. Does NYS unemployment refer the unemployed to the program? In addition, how do students find out about the program? What types of training are provided? Dr. Volenti indicated the students would be mostly local with some coming from NYC. Programs include security guard training, computer classes, and nursing. Vice Chairman Houle asked how the applicant can be certain students won’t have vehicles. Initially students would be coming from out of town; now the participants would be from this region. With only 14 parking spaces and 11 people on the second floor, that leaves little space to accommodate 3500 sq ft dedicated to seniors visiting the social center on the first floor. Dr. Volenti avers that the unemployed would take public transportation to the program which is why the need overnight accommodations. Chairman Hughes pointed out that patient visits turnover quickly whereas the proposed uses require long-term parking. Member Kelly added that the proposal lacks enough information to make an informed decision. For example, does the school have overnight staff? Dr. Volenti indicated one employee would stay with the students. As a result, Member Kelly moved to table the variance. Vice Chairman Houle seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Dan Kelly X Frank Houle X Mark Cotch X Dr. Volenti questioned whether he would be permitted to work on the roof prior to approval which the City confirmed he could do with a building permit. Mr. Sanders confirmed that without the overnight use Dr. Volenti would still need a use variance for the school or any non- medical use which the Board confirmed. Member Kelly moved to adjourn at 7:30 PM seconded by Vice Chairman Houle. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 5.28.2014.doc