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, AUGUST 27, 2014 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Francis Houle, Vice-Chairman Mr. Randy Koniowka Mr. Mark Cotch Mrs. Joyce Baranski ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JULY 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 July 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 Randy Koniowka X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A POOL AT 259 VLIET BOULEVARD Daniele Bridger proposed installing a 15’ above ground pool 4’ from the side property line. Her property at 259 Vliet Boulevard is 29’ wide and the 15’ pool is 11’ from the opposite side property line. As a result the yard cannot accommodate the pool without an area variance. As a result, Vice Chairman Houle moved to approve the variance. Member Koniowka seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A PARKING LOT AT 320 AND 326 COLUMBIA STREET \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 8.27.2014.doc John Farrell has an opportunity to purchase a strip of land behind 320 Columbia Street. He would construct off-street parking to alleviate on-street parking issues resulting from his funeral home business. To that end Mr. Farrell requested a variance from setbacks at 320 and 326 Columbia Street in order to create the off-street parking spaces for his funeral home. The lot is 125’ deep from Elaine Court, with a 39.0’ width at the entrance and a 30’ width at the end of the lot. Mr. Farrell proposes parking spaces that begin 26’ in from the property line abutting Elaine Court. He would create 11 perpendicular parking spaces at 9’ width each. Given an 18-20’ parking space depth, Mr. Farrell would still have a minimum of 10’ and a maximum of 22’ travel aisle for vehicles entering and exiting the parking area. Thomas Kiely lives at 5 Elaine Court which abuts the proposal on its north property line. He expressed concerns with the narrow parking lane which appears to lack an adequate turn radius, and the nuisance to an otherwise quiet residential neighborhood. He also disputes the size of the lot and location of the property lines. Finally he does not see a sufficient hardship that the applicant can argue. Councilwoman Diane Nolin concurred. She finds the property inadequate for the proposal. In addition the plans are not specific enough. Vice Chairman Houle questioned the applicant’s hardship. Mr. Farrell explained that his on-site parking is small and he reserves it for family members who would stay for the entire wake or funeral. However, due to its small nature many family members are forced to park on the street which is difficult when a grieving family has to walk a block or contend with other vehicles for parking spaces. In addition he believes the off-street parking lot would alleviate parking concerns in the neighborhood. He counters arguments against the proposal by pointing out that no residential homes face the parking lot. In addition, Mann Avenue is the same width and residents park on both sides. Member Koniowka asked how long the applicant has been in business; how many funerals occur each month; how many vehicles attend the average wake or funeral; and whether existing traffic constitutes a nuisance. Mr. Farrell explained that the business opened at this address in 1932, but had been in operation at a Willow Street address in Cohoes since 1906. Mr. Farrell conducts one to two funerals or wakes a month. For each event he projects approximately 400 cars visit the site; however only family members stay at the funeral or wake the entire three hours. Therefore about 150 are in the neighborhood at any given time during the funeral or wake. The visitor’s cars create the same nuisances that the proposed off-street parking lot would create. In fact, Mr. Farrell hopes to alleviate on-street congestion with the proposed parking lot, thereby reducing the nuisance. Vice Chairman Hughes clarified that the proposed lot would park immediate family members. As a result the cars would not be pulling in and out at a high rate of turnover throughout the funeral or wake. Chairman Hughes questioned ownership and whether the proposed property is separate from the home at 320 Columbia Street. In addition he asked for specific lot line locations to clarify the amount of land available given the issues raised about size of lot and location of property lines. Mr. Farrell explained that the owner passed away so the two separate properties are owned by the estate. He agreed to produce the two deeds as well as a survey of the property with a clear plot plan for the parking lot including aisle width, landscaping, turn radius and parking space sizing. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 8.27.2014.doc Chairman Hughes also questioned the neighbors as to what each would like to see done with the property. Mr. Kiely and Councilwoman Nolin suggested that the property stay with the home at 320 Columbia Street. She does not think the lot is adequately sized or located to permit a parking lot. In fact, Mr. Kiely argues that the business has succeeded over 100 years without the parking accommodation. Member Baranski disagreed. As a family member who has used the funeral home for services she described the difficulty of finding a parking space while grieving because the business has only four off-street parking spaces at this time. Mr. Farrell added that the business started when cars were not as common. Moreover, even the residential homes surrounding the business didn’t exist when the doors first opened. Member Koniowka questioned whether the applicant would be willing to install white vinyl fencing to block headlights. Mr. Farrell agreed. In the alternative he would park cars facing Columbia Street. Furthermore, he would be willing to look at purchasing the home as well. However without knowing the asking price or home conditions he cannot guarantee that as a solution. Member Koniowka asked about professional drawings of the proposal. Although he will not continue to address opposition to having a parking lot at all, he will explore the applicant’s ability to mitigate hardship nuisances discussed during the meetings to date. Would the lot be striped and include car stops? Chairman Hughes questioned plowing, paving, landscaping, snow removal and depth of asphalt. Mr. Farrell will provide professional drawings for the next meeting. Councilwoman Nolin emphasized that she still doesn’t think a parking lot is appropriate in that location or on that sliver of property. She added that the business has managed over a century with on-street parking. Chairman Hughes countered that parking has been an issue in that location whereas the instant proposal provides relief from existing conditions. Furthermore, the parking could not be used for retail or any other unpermitted use without a use variance from the Zoning Board of Appeals. Finally nothing else could be installed on the property given its size. However, the Board can require the applicant to mitigate nuisances created by the proposal that the City could not require for the existing on-street parking. Therefore, Vice Chairman Houle moved to table the variance pending more information. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 8.27.2014.doc CONSIDERATION OF AREA VARIANCES FOR A MULTI-FAMILY DEVELOPMENT KNOWN AS SHERWOOD FOREST James Easton, P.E. and Todd Curley presented updated site plans for Sherwood Forest, a multi- family development at the intersection of Delaware Avenue and Van Schaick Avenue. The property contains a steep slope parallel to Continental Avenue and abuts the Van Schaick Pond and bike path. In order to create the best use of the property, the applicant requests the following variances: 9X18 parking spaces rather than 9X20; 58’ building height rather than 45’; 0’ setback from Continental Avenue for the parking lot rather than 10’; 34% green space rather than 50%; and 38 fewer parking spaces than required by code. The parking and height variances allow the developer to reduce green space while still making the property economically buildable. The parking lot setback variance enables the design engineer to construct the Continental Avenue building below grade, thereby preserving aesthetics because the parking lot will enter at the second floor of the structure, making the building appear the same height as other structures on Continental Avenue. Furthermore, the proposed building heights will change gradually due to grade thereby matching the surrounding structures both on the Delaware Avenue and Continental Avenue street fronts. Aesthetics drove many design decisions as neighbors voiced concerns about the appearance of the proposed structures along a well-attended bucolic pond, park and golf course. Charlie Scattergood of 93 Park Avenue questions why the City would approve yet more housing. He would prefer industry at this location. Chairman Hughes pointed out that only an increased population would attract retail and industry. Mr. Scattergood also laments the loss of a natural forest used by children, pedestrians and wild animals. Chairman Hughes questioned whether any industry expressed an interest in the property, which had not been proposed to the City of Cohoes in his 30 year tenure as a Zoning Board member. Moreover, Chairman Hughes proffered the economic need to grow in response to Mr. Scattergood’s concern. The property remained vacant long enough to grow into a forest without any purchasers willing to maintain the forest. Don McKowski of 1 Forest Avenue complained that additional traffic will exacerbate existing traffic problems along Bridge Avenue as well as the corner of Park and Forest Avenues. In addition, he doesn’t think trees or landscaping would obscure the buildings enough to compensate for the loss of the forested lot. Michael Donegan of 2206 Admirals Walk Drive thinks that the variance request is premature since he would like to know the traffic study results. He suggested widening Delaware Avenue to accommodate the additional traffic. He also questioned overflow parking accommodations. Additionally, the six spaces at Admirals Walk double as snow storage. As a result he would like to take time before any approvals. Mr. Curley described the two larger residential complexes in Cohoes he manages that contain almost 1,000 units. At those developments the same property maintenance crew removes the snow. Sherwood Forest would be maintained by the same crew. Chairman Hughes pointed out that the Admirals Walk proposal met the same resistance and similar issues were raised during planning approval. Yet, the housing is occupied so the \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 8.27.2014.doc facilities are appealing to a demographic. He questioned current traffic patterns to Admirals Walk. Mr. Donegan explained that traffic travels Van Schaick Avenue, while Troy traffic traverses Ontario Street. Mr. Easton explained that traffic, landscaping and housing are planning board issues. The ZBA’s sole function is to decide on whether to grant the proposed variances. He referenced the Creighton Manning (CME) Study which projected that traffic would not function with the build out under current conditions. As a result, CME recommended a traffic signal which the City has arranged through a grant and developer contribution. Since the Delaware Avenue to Ontario Street path will be easier to use with the traffic signal that is the path traffic will traverse. The site design forces occupants off Bridge Avenue with the proposed exit points that lead to Delaware Avenue. The design also calls for a row of trees to obscure the visual of structures on the property. Furthermore the developer has agreed to make substantial improvements to the pond with landscaping, sidewalks, parking, an amphitheater and installation of the gazebo. Mr. Scattergood questioned the safety of the proposed buildings because emergency vehicles cannot drive around each. Mr. Easton explained that the plan meets NYSDOS Uniform Code and all buildings are sprinklered. For example, NYS Uniform Code requires fire hydrant access to buildings within 500’ whereas the proposal provides 300’ access. Mr. Scattergood questioned access to the building interiors. Mr. Easton assured the neighbor that the plans meet State Code which will be reviewed by the City’s Engineer. In addition, the developer will engage the Fire Chief in reviewing the plans. Mr. Koniowka commented that he has lived on the Island his whole life. Although he appreciates the same concerns as the other residents he recognizes the City’s need to grow. He also recognizes the need to preserve quality of life. The Sherwood Forest proposal creates an opportunity to grow responsible through improvements to the park and the installation of safety lighting along the bike path. He asked the developer to enter a maintenance agreement with the City regarding perpetual care of the pond. Mr. Curley agreed to negotiate such an agreement. Member Cotch asked the rental rate and how the developer determined the number of units. Mr. Curley suggested that rents would be approximately $900 a month including cable, phone and internet connection. The developer based the number of units on financial sense, marketability, building configuration, parking and layout. Mr. Easton added that Building #5 is shorter because the design team removed eight units. Other design parameters include installation of elevators and additional elements. Mr. Scattergood asked if the applicant is using HUD money for the project. However that isn’t the case. Mr. Scattergood wondered whether families with children would occupy apartments. Mr. Koniowka suggested that might be the only way to save Van Schaick Elementary school. Mr. Curley explained that the one and two bedroom apartments will attract some families. Therefore Member Cotch moved to approve the height variance request from 45’ permitted to 58’. Member Koniowka seconded the motion which passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 8.27.2014.doc Member Cotch moved to approve the 34% lot coverage from the 50% code requirement. Member Koniowka seconded the motion which passed unanimously. Member Cotch moved to approve the 9’X18’ parking space size down from the required 9X20. Member Koniowka seconded the motion which passed unanimously. Member Cotch moved to approve the 0’ from 10’ setback required for the parking lot. Vice Chairman Houle seconded the motion which passed unanimously. Member Cotch moved to approve the variances from the maximum number of units in a multi- family structure, ten per code. Vice Chairman Houle seconded the motion which passed unanimously. Vice Chairman Houle moved to approve a 38 space variance from the required two parking spaces per unit. Member Baranski seconded the motion which passed unanimously. Vice Chairman Houle moved to approve the variance for constructing a parking lot in the front of the property. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X Member Baranski moved to adjourn at 8:41 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 8.27.2014.doc