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 25, 2017 MEMBERS PRESENT: Mr. Mark Cotch Mr. Gary Sawyer Ms. Theresa Thibodeau, Chairman Mr. Michael Briggs ABSENT: Mrs. Joyce Baranski, Vice-Chairman ALSO PRESENT: Mrs. Melissa Cherubino CONSIDERATION OF THE MINUTES FROM DECEMBER 28, 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 Briggs seconded the motion, roll call was taken and the motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski ABSENT Mark Cotch X Gary Sawyer X Theresa Thibodeau X CONSIDERATION OF A USE VARIANCE FOR A CLEANING BUSINESS AT 75 JACKSON AVENUE John Breeze, attorney for the applicant, requested a use variance for his client, United Building Maintenance (hereinafter, UBM), to conduct cleaning business operations in the 6,000 SF structure located at 75 Jackson Ave. The building is coded a warehouse with office(s). However, the property is within the R-2 residential zoning district, which only permits single and two- family housing. The current property owner used the structure for a printing company which closed over a year ago. The one year threshold abandons the grandfathered, legal nonconforming status. Therefore, a use variance is required. Mr. Breeze explained that the applicant is under contract to purchase. Currently located at 1520 Central Ave in Colonie, the business is moving for several reasons. First, the business would like to own the property it inhabits. Second, one van has to be heated whereas it is stored behind the currently occupied building. Third, the location is easier to access from the owner’s home as rush hour traffic travels in the opposite direction. Two employees would work in the office. All other employees work off-site while only a few of those need to visit the office to deploy a van. Many employees who drive a van for work rely on public transportation and the CDTA bus stop is about a block from the office. Those who drive can park inside the building or on-street. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 11.23.2016.doc UBM would store two vans and cleaning supplies in the building. A third van would be stored outdoors because its 10’ height precludes entering the overhead garage door. The owner and one employee would take phone calls and complete paper work in an office within the building. Cleaners deploy directly to sites except for the few who drive one of the vans to work locations. The outdoor van cleans carpets. Adjacent neighbors who own property west of the proposal asked about use of the shared driveway. Tenants park in the driveway and children play in the yard. The applicant explained that only the larger van would be parked outdoors and it is infrequently moved – typically three times per year. June of 2016 was the last time the company used the larger van. Member Sawyer asked about garbage removal and nuisances such as noise. The applicant described the business as generating very little waste since most items are used and disposed of at work sites. In fact, the owner will arrange a County Waste can with private pick-up. As to the business nuisances, the carpet cleaning van makes noise while in use, and is tested roughly once a month. Member Sawyer also questioned delivery of supplies. Approximately once a week to every other week a van or box-truck sized vehicle delivers mail, paper products and/or floor cleaner. At most one palette of supplies is dropped off. Any chemicals are green and so do not create a biohazard, aside from which the cleaning supplies are opened, used and discarded at work sites, not at 75 Jackson Ave. Councilman Koniowka acknowledged that the proposal appears to fit both the unique building and the residential neighborhood. Long used as either a print shop or bowling alley, the proposed use is quiet yet makes use of the large space without imposing on parking or creating nuisances. He did not receive any complaints from neighbors or the public. Instead, the proposal makes use of an otherwise vacant building. Chairwoman Thibodeau concurred, further arguing that the proposal appears to meet the state standard for granting a use variance. The building is unique, in existence, and the applicant did not create the hardship. In fact, the proposal is the least intrusive use of the property. Dividing the space into apartments would likely bring more vehicles when the streets are most filled with cars. A business occupies the space while neighbors are at work and the streets are quiet.. As a result the business will not alter the character of the neighborhood or create a burden on neighbors. As a result, Chairwoman Thibodeau moved to approve the use variance. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski ABSENT Mark Cotch X Gary Sawyer X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2016\ZBA Minutes 11.23.2016.doc Theresa Thibodeau X Chairwoman Thibodeau 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