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, October 28, 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 AUGUST 26, 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 August 26, 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 A AREA VARIANCES FROM SETBACKS, PARKING AND LOT SIZES FOR TWO TWO-FAMILY HOMES AT 98 JOHNSTON AVENUE Jerry Krug and Ted DeLucia proposed several area variances in order to construct two two- family homes at 98 Johnston Avenue. First, an area variance of 6’ is needed to meet the rear setback of 20’ since the home is 14’ from the rear property line. The developer pushed the building footprint back 20’ to accommodate off-street parking of vehicles in front of the home. Second, an area variance from the lot size was requested in order to create the subdivision. Typically 7,500 sq ft is required. However, most lots in the neighborhood measure between 2700 and 3900. Therefore, the proposed 3500 sq ft lot size fits in with the neighborhood. Third, the applicant requests an area variance from parking requirements. The Cohoes Zoning Code section 285-88I requires two parking spaces per apartment. However in this instance the applicant can only provide six total off-street parking spaces while preserving a residential feel. Mr. DeLucia averred that the proposals meet the state mandated standard for an area variance. The proposal fits in with the neighborhood and therefore is not a detriment to the character or environment. In fact, the homes will be an asset. Neighbors dump garbage and park illegally on the property, which has been vacant for years. Chairman Hughes added that the construction will increase tax rolls and match the existing streetscape. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 8.26.2015.doc Member Thibodeau commented that one neighboring resident expressed misgivings about parking in that area, which Member Thibodeau confirmed is a problem. Those parking illegally on the private lot will be displaced and many of the homes lack a driveway. Conversely, Member Baranski pointed out the proposal received only one complaint. In fact at the Planning Board meeting a neighbor showed up to support the proposal. Member Baranski recalled that the last proposal from T & T Towing garnered more opposition. Member Cotch asked if the applicant would own the properties and offer for rent, which Mr. Krug confirmed. Chairman Hughes commented that the proposal fits the neighborhood which is predominantly two-family structures. As a result, Member Baranski moved to approve the item. 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 CONSIDERATION OF AREA SETBACKS FROM NUMBER OF UNITS, GREENSPACE AND BUILDING HEIGHT AT 217 DELAWARE AVENUE FOR A MULTI-FAMILY STRUCTURE Scott Lansing, P.E. represented developer Jeff Myers’ proposal to construct a 24 unit multi- family building with ample off-street parking. The proposal received a negative declaration for SEQR purposes at the Planning Board’s October 14th 2015 meeting. At this time Mr. Lansing seeks area variances from number of units, height and green space requirements. Specifically Mr. Lansing requested a 14 unit variance from the 10 unit limitation on residential units in a multi-family structure (see §285-64G). Second he requested a 31’ variance from height requirements listed in the Zoning Code bulk and use table. Finally he requested a 5% green space variance from the 50% requirement. Member Cotch pointed out that reducing the parking would eliminate the need for a variance from green space requirements. Mr. Lansing explained that the developer intends to construct high-end apartments and projects that occupants of each condominium would own at least two cars. In addition, extra parking would serve the occupants’ guests. Chairman Hughes asked if boats would park at the dock. However, Mr. Lansing described the boat launch as solely for emergency access. The Fire Department can access the water in case of fire. Regarding height Chairman Hughes commented that the building would be about the same height as Captain’s Lookout. Mr. Lansing confirmed that was the case, adding that the 31’ \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 8.26.2015.doc variance would bring the building to 66’. Height consistency would look uniform for the riverfront. As a result, Member Cotch moved to approve the area variances listed in resolution 11-2015 and as described in the minutes. Member Sawyer 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