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, July 22, 2015 MEMBERS PRESENT: Mr. John Hughes, Chairman Mr. Mark Cotch Mrs. Joyce Baranski, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JUNE 24, 2015. Chairman Hughes called the meeting to order at 6:350 pm. The Chairman asked the recording secretary to take attendance. Member Cotch moved to approve the minutes of June 24, 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 Mark Cotch X CONSIDERATION OF A USE VARIANCE FOR AUTO SALES AT 330 SARATOGA STREET Member Cotch moved to table the item as the applicant has not submitted updated plans as promised nor has the applicant appeared for the meeting. Vice Chairman Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Mark Cotch X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A SHED AT 12 WILLOWBROOK LANE The applicant contacted the City in the afternoon to postpone attendance. As a result, Member Cotch moved to table the item. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Mark Cotch X CONSIDERATION OF A SETBACK VARIANCE FOR A POOL AT 164 VLIET \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 7.22.2015.doc Debra Palmer installed a 24’ round pool to replace the 15X30 oval pool that failed during the winter. She obtained the required building permit; however installed the new pool 2’6” from the rear property line. Since the pool is circular the setback isn’t consistently 2’6” throughout. Instead the pool is at most 4’ from the rear property line. Neighbors that share the rear property line oppose the installation because the collapse of the previous pool caused damage to the yard and a rear addition on the home. Sherry Gipp reports that the couple had to remove flooring from the addition due to significant water and silt damage. The Palmer’s insurance company paid $4,000 to the Gipps for damages. Ms. Palmer reports that she purchased the pool she could afford, a used pool and deck for $1200. However she also purchased a new line with a foam shell to protect the pool from wall damage resulting from freeze/thaw cycles. She added that the previous pool was not much farther from the rear property line. Chairman Hughes asked whether the applicant intended to clear her yard of the construction debris as he was considering a method of mitigating any potential damage to the neighbors, but could not foresee how to do so with construction debris littering the yard. Ms. Palmer has scheduled a dumpster for two weeks from today and piled the items in the side yard for ease of access. Chairman Hughes asked whether the applicant could install a berm or other means of blocking and guiding water away from the neighbors’ backyard. However, the 2’6” distance would not suffice for installation of a berm. The neighbors had installed a 6’ wood privacy fence along the existing chain link fence. The Chairman recommended the applicant install a similar vinyl fence to block water from flooding the neighbors’ property. Both parties agreed that measure would mitigate concerns. In addition, the applicant agreed to connect the new pool to an existing pipe or install a French drain along the rear property line that would discharge water to the street. As a result, Member Cotch moved to approve the area variance from setbacks contingent on installation of four 6’ high and 8’ wide vinyl privacy fence panels spanning from the corner where the pool starts to the middle of the deck. The applicant would also explore either connecting to an existing discharge pipe or installation of a French drain along the same path. Member Baranski seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X 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 7.22.2015.doc