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, JANUARY 28, 2015 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 DECEMBER 22, 2014. Chairman Hughes called the meeting to order at 6:35 pm. The Chairman asked the recording secretary to take attendance. Vice Chairman Houle moved to approve the minutes of December 22, 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 8 SIMMONS AVENUE Oleg Smolovic and Sergei Bodnaruk presented the application for a 32.4 sq ft sign incidental to a place of worship at 8 Simmons Avenue 15’ from the edge of pavement. The sign posts the Church name and address. The Church had approval from the Planning Board for a monument sign 15’ from the front property line. However, the applicants did not ask about size of the sign. As a result the constructed sign is 16.4 sq ft larger than what is permitted by the Cohoes Zoning Code. Chairman Hughes questioned whether the applicant could install a smaller sign. At last month’s meeting the parishioner suggested moving the sign further back. Chairman Hughes asked whether the applicant contends that parishioners cannot find the church without the sign at its current size and location. He points out that other area churches – Trinity and St. John’s – have smaller signs setback further from the front property line. In addition, 15’ from edge of pavement does not necessarily equal 15’ from the front property line. The applicants argue that keeping the existing sign in its current location saves the church approximately $1500. The sign isn’t lit, but relocating the sign on new footings and moving the landscaping would prove cost prohibitive according to the applicants. Furthermore, the applicant claims that the Catholic Church and an open field are the only neighbors so the proposal does not negatively impact the neighborhood. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2014\ZBA Minutes 11.24.2014.doc Councilwoman Diane Nolin disagrees. She avers that vehicles have to edge to the intersection in order to gain adequate site distance for turning onto Simmons Avenue from the church parking lot. As a result the oversized sign is a danger to parishioners and residents who travel Simmons Avenue. Moreover, the unsafe condition was self-created by the applicant who neglected to adhere to the City’s Zoning Code regarding sign size. Finally, she contends that the sign is 8’ from edge of pavement, not 15’. Therefore, she asks that a City Official measure the setback. Member Koniowka counters that he creeps out of his street. Besides, Simmons Avenue does not have heavy traffic. He asked the applicants if any parishioners complained. He claims that the parishioners are the only drivers affected by the sign. Board members had asked that Traffic Commission review and recommend action. Traffic Commission recommended installation of stop signs. Upon closer inspection of the site plan the applicant reports that Cohoes Planning Board approved, stop signs were part of the approved plans. As a result, Member Koniowka moved to approve the variance with the following conditions: 1. Installation of stop signs per plans submitted and approved by the Planning Board; and 2. Confirmation of the 15’ setback from the front property line. In the alternative the applicant must move the sign to meet a 15’ setback due to its larger size. Councilwoman Nolin reaffirmed her concern that the size is a danger despite the proposed conditions. Vice Chairman Houle seconded the motion which passed unanimously. Conditions must be resolved within one month. YES NO ABSTAIN John Hughes X Joyce Baranski X Randy Koniowka X Frank Houle X Mark Cotch X Member Koniowka moved to adjourn at 7:05 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 11.24.2014.doc