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, SEPTEMBER 24, 2014 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Randy Koniowka Mr. Mark Cotch ABSENT Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM AUGUST 27, 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 August 27, 2014. Member Koniowka seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Randy Koniowka X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM HEIGHT AND SETBACKS FOR A FENCE AT 2 CARL STREET Caroline Gueresz represented Linda Lewyckyj, the owner of 2 Carl Street, in her request to install an 8’ fence on the rear property line. Fifty feet from the back of the home situated at 2 Carl Street the neighbors park a mobile camper on the grassy area adjacent to the neighbor’s house. Mrs. Lewyckyj complains that exhaust from the camper enters her windows and air conditioning when the neighbor backs into the space. She has attempted to negotiate parking the camper nose first with the neighbors; however the camper continued to back into the space. As a result she proposed the 8’ fence to deflect some of the exhaust as she has health issues. Marjorie Waldorf and her husband Robert disagree with the assertions. Both aver that the agreement pertained to parking a school bus from LaSalle that Mr. Waldorf drove for work. Moreover, the couple abided by the agreement since May of 2014. Although neither opposes an 8’ fence, the couple would prefer installation 3’ in from the property line since the applicant complained to police about grass clippings against the fence. The couple’s adult son mows the lawn and complains that the applicant yells at him about grass clippings. Furthermore, Mr. Waldorf argues that the application lacks any scientific possibility due to the 50’ distance between the vehicle and the applicant’s home. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 9.24.2014.doc Ms. Gueresz responded that the vehicle was backed-in when she visited the applicant to obtain her signature for the variance paperwork. As to the argument that the exhaust wouldn’t reach the home, Ms. Gueresz has suffered exhaust from trucks through the air conditioning while waiting at a drive thru despite keeping a distance between her vehicle and the emitting truck. Although that was a temporary and turning off her own air conditioning alleviated the discomfort, Ms. Lewyckyj does not have that option. Furthermore, Ms. Gueresz recognizes that the ideal solution would be for the neighbor to park nose first rather than back-in. However that agreement has not been enforced by the neighbors. Member Cotch asked the frequency and duration of camper use. Mrs. Waldorf explained the family bought the camper one and a half years ago. The family only starts the vehicle when leaving in the camper. It does not need to idle prior to driving. Ms. Gueresz added that the neighbor starts the camper and enters to watch tv for 15 minutes to a half hour. In addition the family only started parking the camper front end first three weeks ago when the variance paperwork was filed. Chairman Hughes questioned whether the applicant would be willing to compromise with the 3’ setback. Member Koniowka expressed concern that the new fence could create more acrimony with grass clippings, knicks and soot damage. Therefore he would only be inclined to approve with the proposed setback. As a result, Ms. Gueresz asked to withdraw the application based on representation that the neighbor will park front end first. CONSIDERATION OF A PARKING AREA VARIANCE FOR A FOURTH UNIT AT 79 LANCASTER STREET Shahyer Hussain requested a parking variance in order to turn the three-family home at 79 Lancaster Street into a four unit. He purchased the bank foreclosed property earlier in the year, renovating the space as a rental property. He was misled into believing it was a four family at purchase. Mr. Hussain owns 114 Congress Street in Cohoes as well as several properties in Troy. He suggests that if parking is an issue he could create off-street parking in the back yard with access from Lansing Street. Councilman Bill Ricard represents the third ward. He opposes the variance request because Lancaster Street is a difficult to maneuver, narrow, one-way street. Emergency services and Public Works vehicles would not be able to access all of the homes or plow the street if more cars park in the area. Councilman Ricard photographed the street at 3pm showing the parking congestion. Furthermore, even the proposed access from Lansing Street is problematic due to the number of vehicles parked on the street. Mr. Hussain presented photographs of the interior renovations completed at 114 Congress Street. He promised to invest in more properties throughout Cohoes. However, Chairman Hughes reminded the Board that a variance goes with the land, not the property owner. He also questioned why the owner couldn’t install off-street parking for three units. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 9.24.2014.doc Member Koniowka suggested that density in itself isn’t bad. He asked if the proposed parking would alleviate the plowing problem. Councilman Ricard did not think the number of spaces would alleviate congestion. Chairman Hughes asked for specifics on proposed parking. Mr. Hussain described a 30X50’ backyard. Mr. Hussain also suggested he could purchase adjacent property for parking. Chairman Hughes requested proof of purchase at the next meeting. He also questioned whether the deed listed the structures on the property and requested the applicant bring a copy of the deed to the next meeting. As a result, Member Koniowka moved to table the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski ABSENT Randy Koniowka X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF A PARKING AREA VARIANCE FOR A SECOND UNIT AT 34 CONGRESS STREET The applicant requested permission to turn an existing in-law apartment into a separate unit. The second floor had been a second rental unit at one time. In fact the building still has separate meters and the owner pays two bills. At this time she wants to create a separate rental unit for her 28 yr old son then rent out the second floor when he outgrows the space. Mrs. Brockway owns rental property across from 65 Congress Street. Although parking is tight around the former St. Joseph’s church since the owner charges his tenants $50 for parking, parking isn’t an issue at 34 Congress Street. The applicant added that the home is around the corner from a municipal parking lot. Chairman Hughes asked the size of the proposed apartment. The entire four story building contains 2300 sq ft. One quarter of that is a little over 500 sq ft which is adequate for an efficiency unit. As a result, Member Koniowka moved to approve the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 9.24.2014.doc Frank Houle X Mark Cotch X Member Cotch moved to adjourn at 8:10 PM seconded by Member Koniowka. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 9.24.2014.doc