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, DECEMBER 22, 2014 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Randy Koniowka Mr. Mark Cotch Mrs. Joyce Baranski Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM NOVEMBER 24, 2014. Chairman Hughes called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Vice Chairman Houle moved to approve the minutes of November 24, 2014. Member Baranski 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 FOR A SIGN AT CUMBERLAND FARMS Stefanie Bitter, Esq. represented the applicant in an area variance request to install a standalone sign. John Montgomery, P.E. from Clough Harbor accompanied Ms. Bitter in presenting specifics. The sign will reach 28’ high which includes the base and 8’ wide. Site plans show the sign in the northeastern most corner of the site. Ms. Bitter reviewed the state mandated standards for consideration of an area variance, and found that the proposal does not create a hardship nor does it alter the character of the mixed-use zoning district. She based her argument on the following facts: similar businesses in the MU-1 zoning district feature comparable standalone signs. In fact, the new site replaces the existing Cumberland Farms at 77 Ontario Street which has a standalone sign. Vice Chairman Houle asked if the sign is the same size, which Ms. Bitter said she would research. Member Koniowka asked that the new store not install life-sized displays against the standalone sign. The current site has a life-sized David Hasselhoff cut-out against the base. Ms. Bitter agreed to add that caveat. Member Cotch asked if the light would flash. However, the message board would list current sales. Any changes would be slow, not flashing. Finally, resident Brian Peters asked the brightness of the lights. Chairman Hughes appreciated the comment and passed the decision on brightness up to the Planning Board during site plan review. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc Next Ms. Bitter averred that the sign aids traffic flow since potential customers will see prices easily whereas a less visible sign would distract drivers. Therefore the benefit can’t be achieved through any other method. Member Baranski asked if there were other signs at Cumberland Farms in the area. Ms. Bitter referred board members to the East Greenbush site and offered to follow-up with a list of specific sites in the area. 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 FOR A SIGN AT 8 SIMMONS AVENUE Vitale Dietrich presented the application for a 32 sq ft sign incidental to a place of worship at 8 Simmons Avenue. The sign posts the Church name and address. The Church chose the sign location and size for visibility purposes. Neighboring residents pointed out that the sign was installed several weeks ago. As a result, several board members mentioned the need for prior approval before installing signs or constructing any element of a project. The sign is actually twice the size permitted by code. Regardless, Barbara Hildreth of Holy Trinity commented on the attractiveness of the sign and its landscaping. The elements blend into the neighborhood. Member Koniowka agreed. Mr. Dietrich suggested that the Church could move the sign further from the road if necessary. The Traffic Commission Chairman submitted the item to Planning due to its size and proximity to the church parking lot driveway. He mentioned concerns regarding sight distance. Consequently, board members asked that Traffic Commission review and recommend action. Additionally, next month the Zoning Board would prefer the construction manager most knowledgeable about the sign appear before the Board. In the interim Vice Chairman Houle moved to table the variance. 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 CONSIDERATION OF AN AREA VARIANCE FROM PARKING AT RESERVOIR ST \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc Anthony Vacciarelli purchased property on Reservoir Street at auction from Albany County in 2010. The triangular shaped lot abuts the bike path and features a sloped topography. Mr. Vacciarelli proposes a four unit multi-family home on the lot. However he would not provide off-street parking due to space constraints and a desire to maintain green space on the site. Councilman April Kennedy forwarded an e-mail response and could not attend the meeting due to illness. However, she emphasized the parking and traffic problems on Reservoir and North Reservoir due to the road’s width. She explained that the fire lane would need extension if more cars park on-street. Brian Peters of Reservoir Street averred that the applicant self-created the need for a variance because he knew the code when he purchased the property. Mr. Peters lives near the property and traffic is currently an issue. Eight additional vehicles would exacerbate the traffic and parking problems. Instead he recommends a single family home with off-street parking. Barbara Hildreth of Reservoir Street concurred that parking on-street is a hazard. A tenant of 73 Reservoir Street nearly lost his car several times due to traffic. Mrs. Hildreth cleared a space on the vacant lot so the car could pull off-street. Furthermore, she paid $18,000 years ago for her own foundation due to soil and slope conditions on the street. She does not believe the lot is buildable. Fran Catalfamo complained that she can not enter or exit her own driveway now due to traffic and parking problems. In fact, two cars were totaled in front of her home. She finds the area congested with growth already, particularly with Avalon Place constructed off North Reservoir. James Imler of North Reservoir Street agreed with Councilman Kennedy that the fire lane would have to be extended or “no-parking” enforced on one side. He also thinks that four units are too much for the street. Mary Lou Imler added that people crash into the telephone pole now. She would support construction of a single-family home. Finally, she maintains that the builder will not live on the street, but construction of the proposal will diminish the existing residents’ quality of life. Chairman Hughes pointed out that rebuttal of the concerns are not available until next month’s meeting. However, he expressed appreciation for the resident’s willingness to take time away from home to speak. He emphasized the importance of neighbor’s contribution to the appeal process. Vice Chairman Houle moved to table the variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc Mark Cotch X Member Koniowka moved to adjourn at 7:25 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 11.24.2014.doc