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, February 23, 2016 MEMBERS PRESENT: Mr. Mark Cotch Ms. Theresa Thibodeau Mr. Gary Sawyer Mr. Justin Gregory ABSENT: Mr. Michael Briggs Mrs. Joyce Baranski, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM JANUARY 27, 2016. 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 AN AREA VARIANCE FROM SETBACKS AT 177 BERKLEY AVENUE Stanley Szozda proposes constructing an attached garage on the north side of the property. Mr. Szozda would demolish the existing shed which encroaches on the neighbor’s property. When constructing the principal structure the builder’s survey plotted the side property line approximately 10’ further north than a more recent survey. As a result, the shed, sections of fencing and a portion of the existing driveway encroach on the neighbor’s land with permission. Mr. Szozda’s proposal is to remove the encroaching shed and fence panels. However, the applicant proposes constructing an attached garage 0’ at the easternmost corner to 10’ at the westernmost corner of the new structure from the north side property line. The applicant needs the 16’ wide single bay garage to store his pick-up truck. The home includes an existing single bay garage where the applicant parks his wife’s vehicle. His truck remains in the driveway. Even without the second car, his truck would not fit in the existing garage. The south side property line serves as drainage for neighboring homes, sheet draining Stormwater to the street. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 2.23.2016.doc As an attached structure the proposal is subject to the same setbacks as the principal structure. Located in the R-1 residential zoning district the setbacks for a principal structure are 12’ from the side property lines; 20’ from the rear and 30’ from the front. The proposal meets three of four required setbacks. Neighbor John Waleski owns the home immediately adjacent to the proposed garage. He supports the variance request so long as the shed and fence panels are removed from his property. He is also concerned that it not impede his ability to construct a garage on that side of his property in the future. Member Sawyer asked the proposed garage’s height and whether it would impose on neighbor’s viewshed. Mr. Szozda described it as a single story, matching the existing home height. He added that the neighbors behind his home overlook his property. As a result, Member Cotch moved to approve the area variance. Member Gregory seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs ABSENT Joyce Baranski ABSENT Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X Acting Chairwoman Thibodeau moved to adjourn at 7:00 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 2.23.2016.doc