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, December 16, 2015 MEMBERS PRESENT: Mr. Mark Cotch Mr. Justin Gregory Ms. Theresa Thibodeau Mrs. Joyce Baranski, Vice-Chairman Mr. Gary Sawyer ABSENT: Mr. John Hughes, Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM NOVEMBER 26, 2015. Acting Chairman Baranski called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Member Gregory moved to approve the minutes of November 26, 2015. Member Thibodeau seconded the motion, roll of call was taken and the motion passed unanimously. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X CONSIDERATION OF AN AREA VARIANCE FROM HEIGHT RESTRICTIONS FOR A GARAGE AT 248 COLUMBIA STREET Richard Jackson proposed constructing a three bay garage in his yard at 248 Columbia Street. The existing garage and paving along the back of the property would be demolished after construction. However, the proposed two story garage will exceed 15’ height requirements by 1’. The City’s height requirement is measured by the average of the distance between the peak and eave. Mr. Jackson explained that he needs the second story for storage. He wants to remove the paving behind the home in order to restore green space and create a play area for his children. Finally, the second story would not be an accessory dwelling. Had he wanted to construct an accessory dwelling Mr. Jackson would have applied for a special use permit from the Planning Board as the structure meets the accessory dwelling height requirement. The Board did not find that the installation would impair or alter the neighborhood character. In fact, reclaiming green space behind the home would restore a more residential feel to the property. Moreover, the garage will face and the driveway will empty onto Columbia Street, just as the principal structure faces Columbia Street. Finally, once the applicant demolishes the \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 12.16.2015.doc existing garage the proposed layout will meet the R-1 zoning district standard single family home with a detached garage accessory structure, driveway and backyard. As a result, Member Sawyer moved to approve the item. Member Thibodeau seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X CONSIDERATION OF A USE VARIANCE FROM PERMITTED USES AT 175 PARK AVENUE Sandy Vardine owns the former Sacred Heart Church. She created a 501C non-profit museum through the NYS Education Department called the Van Schaick Renaissance Project to preserve the buon fresco art on the church interior walls and to commission one of the few buon fresco experts to paint another buon fresco painting of angels in the balcony area. The project also seeks to provide instruction in this rare art form which requires the use of limestone plaster. In the interim she has hosted a sip and paint event for art instruction among other art activities. In order to buoy the museum’s funds for commissioning additional artwork, she hosted several events: Galas, weddings and musical acts. Once the property owner realized that the application for a per event State Liquor Authority License cost more than a full liquor license and the approval timeframe was unpredictable, Ms. Vardine applied for a full liquor license and installed two temporary bars on the first floor and a permanent bar structure in the basement. As part of the SLA license Ms. Vardine applied for Albany County Health Department approval for a restaurant and catering business named Renaissance Restaurant. She opened the restaurant Thursday through Saturday evenings and Sunday morning for brunch. At that time neighbors became concerned that the museum was becoming a restaurant and/or nightclub because a large musical act posted an advertisement on Facebook. Therefore, the City sent in code enforcement to inspect the restaurant space and scheduled the property for a use variance with the ZBA. In response to neighbor requests the Building and Planning Department researched the former use variance for a museum and “gallery.” A gallery is not listed as a permitted use, but the space can be used for a gallery due to the 2012 use variance. However, in the City's Code a public use includes museums and is permitted in the R- 2 zoning district, defined as follows: PUBLIC USES Any one or more of the following uses, including grounds and accessory buildings necessary for their use: A. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 12.16.2015.doc  Places of worship, cemeteries, parish houses and convents. B. Public parks, playgrounds and recreational areas when authorized or operated by governmental authority. C. Nursery schools, elementary schools, high schools, colleges or universities having curriculum approved by the Board of Regents of the State of New York. D. Public libraries and museums. E. Nonprofit fire, ambulance and public safety buildings. The definition of museum does not explicitly address the typically incidental concession or gift shop as our code's definition of CULTURAL USE FACILITY OR MUSEUM states: Any building, room or area with the capacity to hold 100 or more persons and designed or utilized primarily for the presentation to the general public of live theater, dance performances, musical concerts, cinema, lectures, exhibits of various art forms or exhibits of cultural, academic or scientific material. Furthermore, the concern is that the full restaurant - open four times a week – will become the primary use. Neighbors expressed concerns about noise, parking, trash, hours of operation and quality of life. Several neighbors opposed the proposed restaurant outright, complaining that tenants in neighboring structures did not appreciate hearing music and people leaving the building at 12midnight. The applicant had attended a neighborhood meeting Thursday, December 4th 2015 and offered subsequent tours of the museum in order to demystify the space and offerings for neighbors. Some of the neighbors expressed support that the applicant had salvaged the former church. Several roof leaks threatened the artwork as well as the structural integrity of the building. However, other neighbors expressed fear that the property owner is turning the space from a museum into a restaurant or nightclub. Specific complaints follow: Mr. Paul Roberts expressed concerns about parking and noise from the facility. Mrs. Dawn Michalski described the Thanksgiving Eve event as a 7 piece rock band that drew 168 cars parked in the neighborhood. She is okay with occasional events, but the restaurant is open three nights so she worries that the problems will become a regular or daily nuisance. Her husband, Don Michalski agreed. He also listed noise and parking as his primary concerns, but added trash, quality of life and changes in the character of the neighborhood as his concerns. Charlie Scattergood was also concerned about noise levels. Mark DeFruscio was concerned that the hours of operation expanded to midnight Thursday through Saturday on a regular basis. During the original variance request neighbors assumed daytime hours. Furthermore he opposes the change to nightclub and bar. He pointed out that for years the church held Wednesday night bingo, weddings, funerals and weekend masses which took up parking. However he does not want the neighborhood quality of life compromised by a bar and nightclub. Tom McGrath agreed that the quality of life and change to neighborhood is the primary concern. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 12.16.2015.doc Charles Pecak lives behind the church and complained that during the event three weeks ago the music was loud and the streets were packed with cars. His tenants complained. Steve Urdan also owns apartments near the church and is concerned about parking and trash. Anita DiChiaro appreciates the venue as a local space neighbors can enjoy. Another couple concurred that the museum events breathes life into the neighborhood. The Thanksgiving Eve band was unusually large and ended at 12midnight. However, variance conditions addressing neighbors concerns by limiting the activities would preserve the neighborhoods’ quality of life. For the next meeting the ZBA asked the applicant to provide a business plan, parking plan, a list of applicant’s expectations, trash removal proposal, noise ordinance compromise and to address the neighbors’ concerns. At the same time the ZBA asked neighbors to brainstorm what specific limitations could be placed on the museum in order to preserve quality of life. The Board will reconvene at its next regularly scheduled meeting on Wednesday, January 27th at 6:30pm. Letters will be mailed two weeks prior. As a result, Member Gregory moved to table the area variance. Member Thibodeau seconded the motion which passed unanimously. YES NO ABSTAIN John Hughes ABSENT Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X Member Gregory moved to adjourn at 8:20 PM seconded by Member Thibodeau. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA minutes 2015\ZBA Minutes 12.16.2015.doc