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, JUNE 24, 2015 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Mark Cotch Mrs. Joyce Baranski ABSENT: Mr. Francis Houle, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM MAY 27, 2015. Chairman Hughes called the meeting to order at 6:40 pm. The Chairman asked the recording secretary to take attendance. Mr. Mero of Amity Street requested an amendment to the minutes of May 27th 2015 meeting to include his comments. Chairman Hughes suggested the recording secretary has kept a copy of Mr. Mero’s e-mail in the file and that the instant minutes refer to the e-mail. Under the aforementioned condition, Member Cotch moved to approve the minutes of May 27, 2015. Member Baranski seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Frank Houle ABSENT Mark Cotch X CONSIDERATION OF A USE VARIANCE FOR A USED CAR SALES LOT AT 330 SARATOGA STREET Gustavo Adolfo Fortin proposes using his side yard as a used car sales lot. The property contains a two-family home where the applicant lives. Although he corrected code violations at the property he cannot afford to renovate the second apartment for rental. Instead he began storing vehicles for wholesale auction or sale several months ago when code enforcement issued several violation notices and tickets for two reasons: 1) the storing of more than one unlicensed, unregistered vehicle on a given property is prohibited by the NYS Property Maintenance Code section 302.8; and 2) the practice of used car sales is prohibited by the Cohoes Zoning Code. Code Enforcement noticed the stacking of vehicles on the property as well as a “For Sale” sign after receiving several neighbor complaints of activity. Chairman Hughes questioned whether the applicant has any proof that he cannot use the property as intended: a two-family home. The state standards for granting a use variance require consideration of the uniqueness of the applicant’s hardship, the impossibility of putting the structure or property to a permitted use as supported by competent financial information, proof the hardship is not self-created, and evidence the proposal will not alter the essential nature of \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 6.24.2015.doc the neighborhood. In this case, Chairman Hughes points out that the structure is a typically sized two-family home. In fact, the applicant seeks a use variance for the land, not the structure. However, the entire lot measures only roughly 70X86 or 1/7 acre. The parking area measures 40’X40’ or approximately 200 sq ft or 1/20th of an acre. The given dimensions are not unique in comparison to other properties that contain dwellings. In fact the zoning code requires a minimum lot size of 5,000 for a single family home. Chairman Hughes asked if the applicant intends to install any signage advertising the used car sales lot. However Mr. Fortin claims that he would not need signage. Instead he would create a website and run ads. Member Cotch asked if the applicant is currently selling cars. Mr. Fortin obtained licensure from DMV to operate a wholesale car dealership, which means he sells at auction or back to car dealerships. That activity would also require a use variance. Third Ward Alderman Bill Ricard described the current practice of parking vehicles on the property unsightly. The neighbors would suffer a greater hardship than the applicant as creating a used car sales lot would devalue neighboring residential properties. Finally, where would customers park if the business grows beyond 10 cars? Mary Reed agreed that the proposal would alter the character of the residential neighborhood. Increased traffic, parking, aesthetics and commercial activity would devalue neighboring residential properties. Instead of a used car sales lot, the land should act as incidental to the two- family residential home for recreation and landscaping purposes. Member Baranski commented that the photos from code enforcement showed terrible existing conditions. The dilapidated fence, the hodgepodge of parked cars, and the “for sale” signs were all unsightly. It did not appear to be a good fit for the neighborhood. Chairman Hughes added that SEQR paperwork reflects the insufficient access and the danger of stacking 17 cars on a 40X40 space with 12’ access, especially in an area that otherwise would not support such a use “by right” under the zoning code. He questioned the impact of using cleaning and automotive chemicals on Stormwater runoff water quality. Where would the owner park cars while plowing the lot? As a result, Member Cotch moved to declare an intent to act as lead agency. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Frank Houle ABSENT Mark Cotch X Member Cotch moved to adjourn at 7:40 PM seconded by Member Baranski. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 6.24.2015.doc