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, JUNE 22, 2016 MEMBERS PRESENT: Mr. Mark Cotch Mr. Justin Gregory Mr. Michael Briggs Mrs. Joyce Baranski, Vice-Chairman Mr. Gary Sawyer ABSENT: Ms. Theresa Thibodeau, Chairman ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM MAY 25, 2016. 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 May 25, 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 ABSENT Justin Gregory X CONSIDERATION OF AN AREA VARIANCE FROM SETBACK REQUIREMENTS AT 41 MCDONALD DRIVE Bruno Cunsolo requested permission to construct a pool deck 3’ from his property line. Eight years ago he received a variance to install an aboveground pool approximately 3’ from the same side property line. The backyard contains two existing decks, a shed, a carport, the 24’ pool and a patio. The pool deck would replace removable stairs. The applicant argues that small City lot sizes preclude any other placement. He would like to retain a grassy area for his children to play. Finally, the space is otherwise unusable land. Adjacent neighbor Dorothy Pascavage agreed eight years ago to the pool because the applicant’s children were 5 and 8 at the time. However, after living next to the pool she believes adding a 4’ deck that close to her property will impair her quiet use and enjoyment of her own backyard. She is also concerned about devaluation of her property should she choose to sell her home. Member Gregory asked the purpose of the pool deck. Mr. Cunsolo explained that the ladder makes it difficult for his wife to enter the pool as she suffers from MS and rheumatoid arthritis. Members Gregory pointed out that the 9’6” wide stair would serve that purpose while preserving \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 6.22.2016.doc the required 10’ setback. Mr. Cunsolo and his family can use the other two decks for lounging or dining. Member Briggs asked whether the Board’s precedent of permitting the pool should be honored by permitting the deck. Acting Chairman Baranski argued that the variance stays with the property. She also pointed out that the proposal can be discerned by the number of other items in the yard: two decks, a patio, a carport, a shed and the pool. In fact, the Board must adhere first to the state standard and consider whether the intent can be accomplished by some means other than an area variance. In this case it can by shrinking the pool deck, which shares precedent with the recent application for a pole barn on Central Ave. In that case the ZBA tabled the application suggesting the applicant could shrink the size of the metal structure in order to meet the City’s zoning code. Member Sawyer agreed. He perceives the request as too intrusive. The neighbor has a right to privacy. Parties on the pool deck would take away from the neighbors’ quiet use and enjoyment of her own property. As a result, Member Gregory moved to deny the area variance. Member Sawyer seconded the motion which passed four to one. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau ABSENT Justin Gregory X CONSIDERATION OF AREA VARIANCES FOR MIXED-USE CONSTRUCTION 12 WHITE STREET AND 330 ONTARIO STREET Scott Townsend of 3T Architects proposed projects in two locations: 330 Ontario Street and south along the west side of Sargent Street, AND 12 White Street. At 330 Ontario Street and south on Sargent the applicant proposes pulling the lots together, demolishing two existing structures and constructing a 71 residential unit mixed-use building with three and four story elevations. The center of the buildings would feature a driveway with connection on the second and third stories. First floor retail space would house service providers and building management offices. Resident Don Kiellen asked about the apartment standard, whether luxury or section 8. Mr. Townsend explained that although most of the proposed units will be offered at market rate, 25% will be available to adults on the autism spectrum. Those occupants would not be section 8 tenants. Apartments break down as follows: two 3-bedroom; twelve 2-bedroom; and the 57 remaining 1-bedroom. The developer cannot stop families from occupying the apartments. Yet the proposed product is not conducive to housing families. The first floor service providers will \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 6.22.2016.doc support those occupants’ efforts to live independently. The developer also proposes a small first floor preschool or daycare. Member Briggs asked about the “potential connection” for some units. Mr. Townsend explained that some of the parents of adults on the spectrum worry about independent living. In order to facilitate increased independence, those parents would like to have adjoining apartments, similar to adjoining hotel rooms. Mr. Townsend seeks two area variances for the Ontario and Sargent Street project: number of units and building height. The City’s Zoning Code restricts the number of residential units in one structure to 10 while the proposal contains 71 units total. The four-story building height of 48’ is 3’ greater than the maximum allowed by the City’s zoning code. Mr. Townsend explained that the existing retaining wall projects approximately 8’ from ground level at Bedford Street. Therefore the building roofline is visible from that vantage point. In addition the topography dips further south on Sargent Street. As a result at three stories the mechanicals would be visible from Bedford Street. Adding the fourth story resolves the problem and makes an aesthetically improved visual from Bedford Street. Member Sawyer asked the distance from the retaining wall to the building. He is concerned that children walking home from school might throw rocks at the windows or on the roof. The parking lot creates a 35’-38’ span which should prevent any vandalism. Resident Cynthia Bouleris questioned whether the project will impact homes on the east side of Sargent Street. Mr. Townsend explained that the project will improve the street and streetscape thereby improving aesthetics and property values. Working with the City to obtain grants to separate CSOs, repair the retaining wall, bury overhead utility lines and maintain underground tunnels, the project will include a street and sidewalk improvement. At the end of the project on- street parking will be striped. Chairman Baranski asked about solar panels on the large flat roof, which Mr. Townsend agreed would make sense. Therefore he and his partners are considering installation of solar panels. Mrs. Bouleris asked when the project would start. Mr. Townsend projects a spring 2017 start date depending on funding source. Resident Lillian Fredette asked where cars will park for street sweeping and snow plowing. Mr. Townsend understands that the neighborhood will be losing a municipal parking lot. However he is clarifying on-street parking by striping the spaces. Moreover, the City can address parking concerns with residents by staggering road maintenance. Resident Alanna Sparrow Matulis questioned whether Sargent Street will change direction. One- way south traffic must exit on White Street which is narrow and difficult to maneuver. The Traffic Commission will look at the proposal and the current configuration in order to resolve any problems. Mr. Townsend pointed out that two-way traffic on Sargent Street would preclude creation of on-street parking. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 6.22.2016.doc Mrs. Matulis wanted to add that she is in favor of the proposal. The developer has constructed fantastic projects locally. She lives downtown and looks forward to the increase in residents in order to encourage business. She would echo that sentiment for the second proposal regarding 12 White Street. Member Sawyer questioned whether a parking variance is required. However given the proximity to municipal parking on Main Street the proposal is exempt from parking requirements. Moreover the Planning Board has expressed comfort in handling the parking under separate sections of the code granting the Board discretion. Mr. Townsend added that more than likely at least 25% of the tenants would use public transportation. Cohoes is due for an eastbound Bus Rapid Transit (BRT) installation available in front of Canal Square in addition to the current route which travels west to Latham and south to the Albany Central Station. Mrs. Cherubino added that the City of Cohoes has gauged use and counted municipal parking lot spaces several times throughout the years and have never found any evidence of an existing parking problem. In fact, the City would like to have a parking problem as that would indicate success in community and economic development. Regarding number of units the City zoning code requires 2000 SF lot sizes for mixed-use buildings with no setbacks and with 40X60 as the minimum width and depth respectively. Given the size of the parcels in question, the developer could reconfigure property lines and construct far more apartments than the 71 proposed. In fact in this case the lots measure 128’ on Ontario Street by 50’ on Sargent Street; an adjoining vacant lot measures 50X113; the City lot measures 200x138; and 55 Sargent Street measures 147X68. Therefore the first lot could be easily subdivided into three lots; the vacant lot into two lots; the City lot into five lots; and the 55 Sargent Street into three lots. At ten apartments on each newly created parcel, that would total 130. Therefore the proposal is far below the density considered in the City zoning code. As a result, Member Sawyer moved to approve the 61 unit area variance from number of units. 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 ABSENT Justin Gregory X Likewise, Member Cotch moved to approve the 3’ area variance from height restrictions. Member Briggs seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 6.22.2016.doc Gary Sawyer X Theresa Thibodeau ABSENT Justin Gregory X Mr. Townsend next described a mixed-use development at 12 White Street. He is interested in changing the address to Remsen Street as all entrances for first floor retail as well as the proposed 20 apartments would be located on Remsen Street. The building will match the existing downtown height and facades with brick facing and pre-cast concrete base. Procedurally the project received a negative declaration for SEQR purposes at the Planning Board June 13th 2016 meeting. The proposal requires final site plan approval from the Planning Board at the July 11th 2016 meeting as well as Historic Board approval on July 19th 2016. Mr. Townsend presented conceptual drawings to both Boards; both Boards approved of the project direction. Parapets will obscure roof-top mechanicals serving the building. All tenants will access an interior room for trash collection located in the back. Several times a week pick-up on White Street will ensure that garbage does not become an issue. Member Sawyer asked about parking. Mr. Townsend explained the proximity to municipal parking. Mrs. Cherubino pointed out three municipal lots along Remsen Street. Mrs. Matulis added that in the twelve years she has lived on Remsen Street the only time parking is an issue is Thursdays when the Church hosts events. Even then she is able to find a space approximately one block away. She pointed out that tenants will be at work during daytime hours when businesses are open and so the tenants and businesses will have a shared parking of municipal spaces. The structure’s 2nd and 3rd floors will contain ten 1-bedroom apartments. As for occupants the State considers the two projects as one, so some of the 25% might live at 12 White Street. Mr. Townsend has applied for HCR funding. However the apartments are market rate. The variance is for the number of units which again is limited to ten per structure. In this case the 75X143 lot would accommodate a subdivision into three 40X60 lots garnering a density of 30 units. As a result, Member Cotch moved to approve the area variance. 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 ABSENT Justin Gregory X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 6.22.2016.doc Chairwoman Baranski moved to adjourn at 8:30 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 6.22.2016.doc