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 Mr. Gary Sawyer Mr. Justin Gregory Ms. Theresa Thibodeau ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JULY 22, 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 July 22, 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 Gary Sawyer X Theresa Thibodeau X Justin Gregory X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A SHED AT 12 WILLOWBROOK LANE Marnie Ghast proposed an area variance since she and her husband moved the second shed closer than 50’ from the front property line. She argued that it had been on the other side of the home when storms damaged the roof and a wall. Her husband relocated it to a stone base in front of the fence under a tree. She avers that the couple sought the closest neighbor’s approval. Furthermore, the current location makes sense due to the large size of the front yard. Neighbor Steven McQuade agreed that the shed improves the neighborhood appearance. Mrs. Ghast added that the shed had been installed in the backyard six years ago behind the fence. She did not obtain a building permit to relocate the shed because she thought it wasn’t new construction. Chairman Hughes questioned why the shed could not be installed according to code. Mrs. Ghast explained that her husband was not aware of the rule at the time he relocated the shed. However it looks nice in the current location. Mr. McQuade added that the neighborhood suffers from far more detrimental problems, including other sheds that fail to meet code. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 8.26.2015.doc Chairman Hughes described the Board’s precedent as allowing variances from side and rear setback requirements given a logical argument regarding space constrictions. However, he is concerned about allowing variances from front setbacks for an accessory structure, especially since this is a second shed. Without some specific hardship warranting placement in the front yard it would open up other similarly situated properties to request placement of accessory structures in the front yard. In addition he offered that the City does not police sheds, but the Code Enforcement office can address any complaints. Had the applicant submitting a building permit request, the same office would have informed the Ghasts that a variance would be required. Member Thibodeau added that ignorance is not a valid argument. Relocating of a shed is essentially the same as installing a shed, implicating setbacks, foundation and anchoring of the structure. In summation, the Board asked the applicant to resubmit the application for a variance with a suitable site plan of the property as well as the arguments for a second shed located in the front yard. Aware that the applicant canceled attendance last month the day of the meeting and requested cancellation of this month’s attendance on the day of the meeting, the Chairman warned that a third tabling of the application would result in automatic denial. He explained that the weather will change and soon it will be too late to move the shed. Furthermore, the Board cannot drag out items indefinitely. 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 Gary Sawyer X Theresa Thibodeau X Justin Gregory X CONSIDERATION OF A USE VARIANCE FOR A PAINT AND AUTOBODY REPAIR OF ANTIQUE CARS AT 144 CONGRESS STREET Michael Munro submitted an application for a use variance in order to purchase 144 Congress Street and use the existing paint facility to paint and conduct autobody repair on antique cars otherwise repaired, parked and maintained at his Troy facility. He received a heavily conditioned site plan approval from the Planning Board. Concerns revolve around the potential nuisances of a fully operational automotive repair shop on a narrow residential street. Mr. Munro restores vintage vehicles at his Troy shop on Hudson Avenue. He parks the vehicles at that site. In addition, he contracted out autobody repair and paint work. In doing so he found that it was difficult to give customers an estimate on completion. Therefore he decided to conduct the work himself and found that the existing structure at 144 Congress Street contains a fully functional paint booth. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 8.26.2015.doc Chairman Hughes questioned the ventilation system and whether neighbors would suffer any odor nuisance. Member Baranski added that the neighboring homes are so close to the property subject to approval that it could create a hazard. Mr. Munro explained that he will need to update the ventilation system to meet current standards. New ventilation systems must remove particulates from the air, resulting in no odors for neighbors unless the garage door is open. Member Sawyer questioned traffic, parking, number of employees and whether cars would queue up at the garage doors. He also asked whether the site would have customers picking up vehicles. Mr. Munro confirmed that no cars would park on-street incidental to the business activities. At most three employees would be on-site and no cars would queue up. Instead he is proposing up to ten cars inside the structure at any given time for the sole purpose of painting and autobody repair for his Troy business. He agreed that no customers would pick up vehicles in Cohoes at 144 Congress Street. Member Thibodeau asked whether the Troy shop is expanding and if the Board could expect the number of proposed vehicles to continue to grow. Mr. Munro assured the Board that the purpose of the shop was to conduct paint and autobody repair for vintage vehicles he repairs at his Troy shop. Typically he would engage a separate entity for the work, but finds that he cannot control the timeframe for completion. As a result he wanted to conduct the work through his own employees and the building at 144 Congress Street contains a functioning paint booth. The Board sought the following conditions on any proposed approval: 1. All Planning Board conditions; 2. No customer pick-up of vehicles; 3. Limited to reasonable noise; 4. Update the ventilation system per code; 5. Any automotive repairs shall be made at the Troy facility, not on-site; 6. Cap at three employees at any given time; 7. No on-street parking; and 8. No more than 10 vehicles in the building at one time. Member Baranski moved to approve the use variance as conditioned. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X Member Sawyer moved to adjourn at 7:20 PM seconded by Member Gregory. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 8.26.2015.doc