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, January 27, 2016 MEMBERS PRESENT: Mr. Mark Cotch Mr. Michael Briggs Ms. Theresa Thibodeau Mrs. Joyce Baranski, Vice-Chairman Mr. Gary Sawyer ABSENT: Mr. Justin Gregory ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM DECEMBER 16, 2015. Acting Chairman Baranski called the meeting to order at 6:30 pm. The Chairman asked the recording secretary to take attendance. Member Cotch 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 Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory ABSENT CONSIDERATION OF A USE VARIANCE FROM PERMITTED USES AT 175 PARK AVENUE Sandy Vardine purchased the former Sacred Heart Church at 175 Park Avenue to open a buon fresco museum. She refurbished the wood floors and columns, and renovated the former church to its former condition. She repaired the roof and soffits as a roof leak was damaging existing buon fresco paintings of angels. In addition to the cost of purchase and the aforementioned repairs, she pays $36,000 a year for utilities. However, the income from the few events and museum attendance does not support the costs of purchase, rehabilitation and operating expenses for the former church. As a result, Ms. Vardine seeks permission to operate an incidental restaurant. She received health department approval as well as a State Liquor Authority license. The restaurant would support the fixed building costs as well as raise money needed to hire renowned buon fresco artist Ilia Anossov. He would complete a large buon fresco of an angel above the balcony but it will cost $125,000. Many neighbors support the museum and proposed incidental restaurant. Anita DeChiaro attended church at Sacred Heart for years. She appreciates Ms. Vardine’s preservation of the \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 1.27.2016.doc building and interior and encourages continued support of the museum with the incidental restaurant. Leyla Pistone lives across the street from the museum and supports the proposal. She thinks the museum with incidental restaurant is a great use of the space. The neighborhood needs activities the residents can attend within walking distance. She described an online petition in support of the project which contained signatures from 100 supporters. As a landlord she believes that tenants will flock to apartments located within walking distance of the church museum and restaurant. Lucas Pistone pointed out that church activities impacted parking in the same manner as the events and restaurant at the museum. Operating as a church the building hosted weddings, baptisms, weekly masses, social events and BINGO nights. Furthermore, he appreciates having a cultural resource and events within walking distance. Stephanie Costo and Jennifer Loguerizo agree. Karen lives on School Street where she sometimes parks over a block from her home. She describes that as the typical scenario for public street parking. Moreover, she believes Cohoes needs businesses and activities in order to serve residents. As a 30 something year old married woman she and her husband enjoy dining out, but that doesn’t mean that the couple becomes excessively inebriated or create a nuisance. Marge Darwak lives across from the park and has not heard any noise from the events at the museum. She also appreciates the church renovations as it preserves the building and memories of residents who grew up attending the church. Finally she adds that the restaurant seats only 22 people at tables and an additional 13 at the bar. Jeremy McDonald supports the proposal because it preserves an architecturally significant building which is part of Cohoes residents’ history. Moreover, the City must find an economic use for the many shuttered churches in Cohoes. He appreciates and supports Ms. Vardine’s efforts to maintain the property. Jeff McAuley opposes the use of the space as a nightclub. However, since the proposal is not for a nightclub he fully supports the restaurant and museum. The culture provided by the museum activities, the restaurant as a gathering place for local residents and the historic preservation of the church are vital to the community. He appreciates Ms. Vardine’s goodwill in preserving and saving Sacred Heart Church. Adjacent neighbors are concerned 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 hear music and people leaving the building at 12midnight. Chester Pecak owns a multi-family next to the church. He complains that the noise during events diminishes his quality of life. The on-street parking issue also negatively impacts him and his tenants. He argues that the opening of a night club will increase his homeowner’s insurance rate and diminish his property value. He also thinks it will drive away current and future tenants. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 1.27.2016.doc As a result, he argues that the restaurant and gallery events are the wrong use for the neighborhood. Charles Scattergood agrees with supporters that the church looks good. However, he recommends soundproofing the building and reducing parking. William Pecak questioned the hours of operation as he supports the museum but has concerns about the party music and hours. Ms. Vardine countered that the decibel levels were measured at 69, which is permissible by the City’s Code. Don Michalski agreed the museum contains beautiful art. However he avers that the applicant’s hardship is self-created. He also questions the incidental nature of the restaurant due to the regularity, hours of operation and permissible occupancy load of the building. He complained that another vehicle parked on-street 2’ from his own vehicle. He believes that with the snow it will be impossible to park. He questions his liability should intoxicated patrons trip on his sidewalk. He finds that the high noise levels and large number of attendees will negatively impact quality of life. Finally he points out that any future owner will be able to continue the same use. Dave Orm moved to Van Schaick Island three and a half years ago for the quiet. He never expected a museum to open, let alone the gala events or restaurant activity. One patron blocked his driveway during the Thanksgiving Day event. Steve Orgnof agrees as his tenants appreciate quiet and the noisy events would impair quality of life. Sixth Ward Councilman Randy Koniowka suggested that the noise, snow, littering and parking complaints would be addressed by the appropriate City offices. In fact, he offered every Island resident a copy of his card with cell phone number so residents can contact him directly while events and/or problems are occurring. As a former communicant of Sacred Heart he found the church closing difficult; however he appreciates Ms. Vardine’s work in repairing the structure and restoring the interior. In fact, without her the building would sit vacant and possibly subject to demolition. He pointed out that the Marconi Club hosts events on soccer nights which create noise and parking nuisances. Mr. Koniowka advocates communication in those instances. He offered that the Tugboat is a restaurant in the same R-2 zoning district which has been a good neighbor to residents. Finally he pointed out that most museums contain an incidental restaurant or eatery to bring in revenue. Acting Chairwoman Baranski parsed out that the events and galas are typical of a museum and gallery which were previously approved by the ZBA in 2012. Furthermore, the applicant has been conducting art shows and instruction as part of the museum activities. As a result, the restaurant appears to be incidental to the museum and gallery. Member Sawyer expressed concerns about the hours of operation and noise levels since the proximity of buildings is only 5-6’. He also questioned how many events would take place annually. Ms. Vardine stated that restaurant hours would be restricted Monday, Tuesday and Wednesday to 9pm at the latest with no music. Thursday the restaurant could open to 11pm while Friday and Saturday hours would end at 12am. Sunday the Museum and restaurant would be open for brunch. Ms. Vardine estimated 20-25 events would take place per year. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 1.27.2016.doc Member Thibodeau countered that the ZBA cannot deny the application because of enforcement issued. Neighbors asked what to do if the activities generate too much noise. Neighbors can contact City Hall or police directly. Nuisance laws consider the level of noise balances against the (residential) location and hour of day to determine whether the activity violates City Code. As a result, Member Thibodeau moved to approve the use variance as conditioned. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory ABSENT Member Thibodeau moved to adjourn at 8:00 PM seconded by Member Cotch. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 1.27.2016.doc