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, April 27, 2016 MEMBERS PRESENT: Mr. Mark Cotch Ms. Theresa Thibodeau, Chairman Mr. Gary Sawyer Mr. Justin Gregory Mr. Michael Briggs Mrs. Joyce Baranski, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM FEBRUARY 23, 2016. Chairman Thibodeau 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 February 23, 2015. Member Briggs 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 53 EGBERT STREET Scott Boisvert owns several properties on Egbert Street, including his single family owner occupied home. Several of the lots are vacant. Those abutting Harmony Street slope down from Egbert to Harmony. The parcel in question had a two-family demolished due to its poor condition. The steep slope and heavy soils tend to pull downhill buildings that are not properly anchored. As a result any new construction would require the use of pylons or larger footings. The zoning district is in the multi-family residential (MFR) which permits multi-family dwellings. The instant lot measures 44’ wide and 100’ deep. However the depth is a slope which dictates placement of the structure and parking. Notably the parcel contains a 10’ drop across a 45’ distance where the applicant proposes a 5-6 space parking lot as well as a one story different between Egbert and Harmony Streets. Therefore the applicant proposes garage and parking access from Harmony Street with a walkway and man-door from Egbert Street. In this instance Mr. Boisvert proposes constructing a three-family home. A three bedroom apartment is proposed on the first floor, and a one and two bedroom unit on the second floor. No \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 2.23.2016.doc utility lines appear to interfere with construction. The bike path is accessible from Harmony Street. The applicant waited until now to begin approvals due to the neighboring property, 51 Egbert Street, which has a back porch pulling away from the building and a side porch caving in. The Albany County Land Bank will take possession of that property and the building will be demolished. Mr. Boisvert owns the property west of the parcel. That west side property line abuts a paper street which would be the natural extension of Morris Street. His parking access would be from that paper street; however he is working on a title search of the underlying property. At issue is the request for two area variances from side and rear setback requirements. The MFR zoning district requires a 5’ side and 20’ rear setback. The applicant proposes a 0’ side setback along the paper street. The rear setback will range from 0’ at the westernmost corner gradually increasing to the easternmost corner as the property line is at a 30 degree angle from the west corner. Vice Chairman Baranski pointed out that the proposal does not impact any neighboring properties and enhances the neighborhood. Member Cotch asked about available parking. According to Mr. Boisvert the two car garage may be used for storage, but he has five off-street parking spaces on the plans. Member Sawyer confirmed that there aren’t sidewalks on either street. As a result, Member Cotch moved to approve the area variance. Member Sawyer 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 X CONSIDERATION OF AN AREA VARIANCE FROM SETBACKS FOR A DETACHED GARAGE AT 253 CENTRAL AVENUE Dylan Kusaywa proposed constructing a 30’X40’ pole barn in the backyard of 253 Central Avenue abutting Alexander Street Park. The accessory structure requires area variances from setbacks as he proposes installing it 4’ and 3.5’ from the rear and side respectively. The single family owner occupied two story principal structure measures 990 SF while the proposed single story accessory structure measures 1200 SF. The lot measures 70’X150’. Mr. Kasaywa explained that the rear property line is at an angle. In addition he wants to preserve the tree-lined yard. Member Sawyer asked whether the proposal abuts the park and how the applicant would access the garage. Member Cotch pointed out that the City owns an access road \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 2.23.2016.doc in the back along the park. Mr. Kasaywa described his access as parallel to the City access road. In fact his proposed pole barn would be 50’ from the park. Chairman Thibodeau and others expressed concerns about the size of the structure. Since a variance stays with the land, a subsequent owner might see the structure as an opportunity to perform automotive repairs or create a second principal structure. Moreover, board members explained that the size of the structure makes the need for a variance self-created, as a smaller footprint could meet setbacks and still preserve the backyard. As a result, Member Cotch moved to table the application for the property owner to reconsider his proposal based on the board’s state mandated standards. Member Gregory 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 X CONSIDERATION OF A USE VARIANCE FOR A BARBER SHOP AT 4 BROADWAY Mr. Abbas proposed renting his first floor to a barber. The space was a barber shop in the past. He has lives on the street for 11 years and believed that the first floor was a barber shop for 20- 25 years. He has a 60+ yr old barber from NYC with over 20 years of experience in the business looking for a safer community to live and work. The barber would open 4-5 hours a day working on one client at a time. The applicant envisions neighborhood residents as clients; one employee and one client at a time would occupy the space. Chairman Thibodeau lived in the neighborhood as a child and corrected the applicant that the barbershop had closed in the 1980s after a short stint as it did not succeed. She explained that after one year abandonment of the grandfathered use the property reverts to the existing zoning district which is why the applicant needs a use variance to conduct a business on the first floor. She further explained that the proposal fails to meet the state standards for a use variance. The proposal would alter the residential character of the neighborhood as a business would entail signage, high ½ hour turnover of visitors to the neighborhood, odors, garbage and other potential nuisances. Moreover, the applicant has failed to show a financial need or unique character of the structure. In fact, the street is full of two or multi-family residential homes. Furthermore, Vice-Chairman Baranski had shown the house as a real estate agent and conveyed the fact that property sold with the first floor fitted as an apartment. She suggested that the applicant could increase income from the property by renting out the apartment. The residential use would better fit the character of the now R-2 residential zoning district. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 2.23.2016.doc Member Sawyer asked about parking for the business. With the change or expansion of use, the current zoning code requires the property comply with the parking requirement for the whole building, thereby losing any grandfathered status. As a result the applicant would need an area variance from parking. Mr. Abbas disagreed with denial of the application based on parking based on the following: 1) The applicant posited that he has a driveway for 2 Broadway. 2) The applicant also countered that the business would attract fewer cars than an apartment which requires two parking spaces. 3) Finally he suggested that in the City residents simply park further away and walk. Neighbor Kurt Leininger argued that the current parking in the neighborhood is congested. He pointed out that the driveway referenced is small and meant for the residents at 2 Broadway. Member Sawyer added that Broadway is narrow, which Mr. Leininger illustrated by describing an emergency vehicle that could not traverse Broadway a few nights prior to the meeting. Chairman Thibodeau reiterated that the proposal fails to meet the state standards as the applicant has not submitted competent financial evidence of the need for the use variance; he has not shown the property to be unique; the proposal would alter the character of the neighborhood; and the need for a use variance is self-created by the applicant. She pointed out that a corner store and pickle factory used to populate the neighborhood. However, neither the store nor factory uses are still active. Instead the neighborhood has become almost uniformly residential as businesses and manufacturing are proscribed by the zoning district designation. As a result Chairman Thibodeau moved to deny the application. Vice Chairman Baranski 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 X CONSIDERATION OF THE PLANNING BOARD AS LEAD AGENCY FOR SEQR PURPOSES REGARDING A MIXED-USE STRUCTURE AT 134 REMSEN STREET The ZBA agreed unanimously to relinquish lead agency status for SEQR purposes with regard to a mixed-use development at 134 Remsen Street. No comments were made at this time. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Justin Gregory X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 2.23.2016.doc Chairwoman 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 2.23.2016.doc