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 28, 2016 MEMBERS PRESENT: Mr. Mark Cotch Mr. Gary Sawyer Ms. Theresa Thibodeau, Chairman Mrs. Joyce Baranski, Vice-Chairman Mr. Michael Briggs ALSO PRESENT: Mrs. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM NOVEMBER 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 November 23, 2016. Vice Chairwoman Baranski seconded the motion, roll 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 CONSIDERATION OF AN AREA VARIANCE FROM SETBACK REQUIREMENTS FOR A FENCE AT 209 VLIET BOULEVARD Jeff Devoe applied for permission to leave his newly installed 6’ privacy fencing within the 35’ triangle of his corner lot. Mr. Devoe had applied for and been granted a building permit. He also received an area variance for the deck. However, Code Enforcement stopped work in October on the fence due to the 35’ sight distance triangle required under the local zoning code. The fence was installed 15’ from the curb. Mrs. Devoe argues that the previous hedges were closer to the road and reached a greater height. As a result the fence is an improvement. Moreover, moving the fence would cost a few hundred to rent a digging machine while meeting the setback would not improve sight distance given cars parked onstreet block the view. Onstreet parking requires drivers to pull up to the intersection even without the fence. Signs at the intersection prohibit parking 20’ from the intersection. Therefore the variance request does not appear substantial. Member Briggs asked for clarification on the 35’ triangle. At what point does one measure? The code has been interpreted in the past as the point of intersection at the property line. Along Vliet Blvd the ROW measures 60’ while pavement is likely less than 60’. Regardless the fence sits 15’ from the curb, allowing cars to pull-up and view oncoming traffic. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 11.23.2016.doc Furthermore, Chairman Thibodeau pointed out that although it is a busier intersection traffic leaving Edward Street turning left or right would still see oncoming traffic. Mrs. Devoe added that the two lots lack a backyard. The Devoe’s home takes up one lot while the side lot is the only usable yard. As a result, Member Briggs moved to approve the area variance. Chairwoman Thibodeau seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Theresa Thibodeau X Vice Chairwoman Baranski moved to adjourn at 7:30 PM seconded by Member Briggs. The motion passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 11.23.2016.doc