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, OCTOBER 25TH, 2017 MEMBERS PRESENT: Mrs. Joyce Baranski, Vice-Chairwoman Mr. Michael Briggs, Chairman Mr. Mark Cotch Mr. Gary Sawyer Mr. Paul Heroux ALSO PRESENT: Ms. Melissa Cherubino, Director of Building and Planning CONSIDERATION OF THE MINUTES FROM SEPTEMBER 27th, 2017 Chairman Michael Briggs called the meeting to order at 6:30 pm and the consideration of September 27th meeting minutes passed unanimously after a motion by Member Heroux seconded by Member Cotch. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X CONSIDERATION OF AN AREA VARIANCE TO CONSTRUCT A SINGLE FAMILY HOME AT 110 HEARTT AVE The applicant, Lori Abdelnour, proposes constructing a single family home on property located at 110 Heartt Ave. However the vacant lot is 4 SF shy of minimum zoning code size requirements. As a result she is seeking a variance of 4 SF in order to construct her home. Member Briggs stated that it was pretty straight forward and Member Cotch motioned for the approval. Member Sawyer seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X CONSIDERATION OF AREA VARIANCES FOR THE COMMUNITY BUILDERS REDEVELOPMENT OF SCATTERED SITES IN SOUTHERN COHOES \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc Community Builders presented scattered sites in southern Cohoes, known as SOCO, for a number of area variances. Most of the variances seek to address substandard lot sizes and setback requirements. Some setback variances resulted from neighboring existing buildings on or near the shared property line. A few parking space variances were requested since the Community Builder product does not require the two parking spaces per unit required by Cohoes Zoning Code. Following are the design professionals in attendance representing the project:  Johnathan Draper from TCB  Bob Kernan at LA Group  Shashi Nocera of 3T  Dave Carr with LA Group Procedurally the proposal received a negative declaration for SEQR purposes. The next meetings scheduled include on November 13 – Planning Board for site plan review and November 14 – Historic Board for façade approvals. Generally the ZBA considers whether the requested variances meet the following State standards: 1. The benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant; 2. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; 3. Whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance; 4. Whether the requested area variance is substantial; 5. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 6. Whether the alleged difficulty was self-created. Most of the requested variances result from existing lots that do not meet the City’s minimum requirements. Left vacant the lots became eyesores in the neighborhoods. High grass, overgrown weeds, abandoned vehicles, dumping of litter and piling garbage created blight in each neighborhood. Participating neighbors agreed that the unsightliness of the lots make development desirable. Many of the existing neighboring properties create high density streetscapes. New construction should match the setbacks, heights and rooflines in accordance with the City’s recently updated Comprehensive Plan. TCB has taken those facets into consideration regardless of whether the projects are within the historic overlay district. Doing so will enhance the existing character of the neighborhood, creating an aesthetically pleasing, walkable streetscape. Unfortunately the developer could not develop the properties without these slight variances. Design professionals pieced together the least intrusive plan, taking existing neighboring \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc properties into account when determining building footprint location. Much of the design was created to improve the neighborhood environment by creating green space, off-street parking behind the buildings and matching flat rooflines. In fact the Comprehensive Plan update gave rise to revamping sections of the zoning code in order to foster the type of development proposed by TCB in the SoCo scattered sites. As a result of the foregoing the requested variances solve multiple problems without adding any adverse impacts or negatively altering the neighborhood character. In fact the development will improve neighborhood health, safety and welfare by creating safe, walkable community spaces and reducing blight. Moreover, the City anticipates a TCB investment of millions of dollars in the City through the proposed development. The last TCB development project resulted in $17 million dollars. The City anticipates that high investment in a neighborhood blighted by disinvestment will inspire neighboring property owners to maintain and upgrade homes. Studies support the logic; specifically see Neighborhood Investment Flows By Brett Theodos, G. Thomas Kingsley, and Simone Zhang in December 2013 available at https://www.urban.org/sites/default/files/publication/22221/412997-Neighborhood-Investment- Flows.PDF. The area variances originally submitted were altered slightly. Most of the changes minimize encroachments or mitigate impacts on neighbors. Jonathan Draper stated that no adverse impact will result from the sites. The variances follow: 124-130 Main St and 10 Schuyler St The applicant proposes a four unit structure at this location. TCB requests a variance of 8’ for the distance to the neighboring building from the Cohoes Zoning Requirement of 20’. The neighbor at 132 Main is concerned about the demolition impacting her building. Mr. Carr explained that contractor submits drawings which the City reviews. The site will be prepped prior to demolition. And measures must be taken to protect neighboring strucures, Member Cotch moved to approve the application. Member Heroux seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 122 Main St. TCB proposes a two unit at this location. TCB requests a variance of 14’ for the distance to the neighboring building from the Cohoes Zoning Requirement of 20’. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc Chairman Briggs moved to approve the application. Member Sawyer seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 1 Willow St, 13 Willow St and 10 Vliet St. Mr. Carr explained that the substandard lot size of 7,079 SF is 2,291 SF short of the 10,000 requirement. Similarly the zoning code requires a minimum lot depth of 100’ but the existing lot is only 71’. Therefore lot coverage will be 65% instead of the required 50%. The rear setback of the proposed structure will be 15’instead of the required 20’, necessitating a 5’ variance. Finally, the zoning code requires 12 parking spaces while the proposal provides 9. Anthony Van Sleet expressed his concern that the developer could reduce the building size and number of units. However, Mr. Carr pointed out that the substandard lot size would necessitate variances regardless of whether the proposed six units or a reduced number of units were constructed. Although neighbors were concerned about parking, photos available from Anthony Van Sleet show parking available on Vliet St. The Chairman lives in the area and confirmed the availability of street parking on Egbert as well. Moreover the lots to be developed by Community Builders were not coded through the Assessor’s records as parking lots. Member Heroux moved to approve the application. Member Sawyer seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 107 & 113 Main St Neighboring buildings are located on the lot line. As a result TCB construction absorbs the City’s zoning code rule at section 285-64B requiring 20’ setbacks between buildings during new construction of multi-family dwellings. In addition many of the lots are substandard in size, accounting for the setback and lot coverage variances. The substandard lot size of 97’ depth instead of the required 100’ requires a 3’ variance. In addition the existing neighbors are on the property lines, requiring variances from the 20’ setback from an existing building. On one side 13’ distance and the other a 14’6” distance requires variances of 7’ and 5’6” respectively. As a result the side setback of 9’ instead of 10’and the rear setback of 5’ instead of 20’ also require \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc variances of 1’ and 15’ respectively. The lot coverage will be 78’ instead of 50%. Finally, 12 parking spaces will be provided instead of the required 20. Main Street neighbors questioned parking. The City conducted a thorough investigation of parking and found the following: 1. Several properties slated for TCB redevelopment had multi-family structures destroyed by fire or disinvestment. In those cases the development nets no increase in residents or cars. 2. The sites all create sufficient parking as proven by prior TCB project demographics which show that residents at TCB sites apply for permits at .25-.5 parking spaces per apartment. 3. The City intends to install signage guiding drivers to municipal parking lots to encourage off-street parking. In this way the empty municipal lots will fill, creating more available on-street parking. 4. The City is concurrently working on finding properties to create parking off the main thoroughfares. In-fill development on Main Street, Vliet Street, Remsen Street and the ilk is important for pedestrian appeal. 5. The City is developing a pavement inventory and five year improvement plan for downtown streets. Those improvements tend to increase the availability of on-street parking and travel lane width. 6. Conversations with residents will continue as the proposed developments and public projects progress. Member Sawyer moved to approve the application. Vice Chairwoman Baranski seconded the motion which passed five to one with Member Cotch voting No. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 145 & 147 Main St Similarly TCB requested the following variances: REQUIREMENT CODE PROVIDED VARIANCE Minimum Lot Size 6,000sf 4,850sf 1,150 sf Minimum Lot Width 60' 50' 10' Minimum Lot Depth 100' 97' 3' Minimum Side Setback (Building) 5' 4.5' 4' 0.5' 1' Minimum Side Setback (Parking Lot Both Sides) 5 3.5' 1.5' Minimum Rear Setback (Parking Lot) 20' 6' 14' Distance between proposed multifamily 20' 4.5' 15.5' Dwelling and existing family dwelling 20' 6' 14' \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc Chairman Briggs moved to approve the application. Member Heroux seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 185 Main St REQUIREMENT CODE PROVIDED VARIANCE Minimum Lot Size 10,000sf 4,850sf 5,150 sf Minimum Lot Width 75' 50' 25' Minimum Lot Depth 100' 97' 3' Allowable Front Setback Range 5' 4' 1' .9’ Minimum Side Setback (building) 10' 4' 4' 6' 6' Minimum Side Setback (parking lot) 10' 3.5' 6.5' Minimum Rear Setback (parking lot) 20' 6' 14' Maximum Allowable Lot Coverage 50% 72% 22% Parking Spaces 8 4 4 spaces Member Cotch moved to approve the application. Chairman Briggs seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 171 & 175 Main Street Zoning Requirements Required Provided Variance Minimum Lot Size 10,000sf 9,698sf 302 sf Minimum Lot Depth 100' 97' 3' Minimum Side Setback (building) 10' 6' 6' 4' 4' Minimum Side Setback (parking lot) 10' 5' 1' 5' 9' Minimum Rear Setback (parking lot) 20' 6' 14' Maximum Allowable Lot Coverage 50% 70% 20% Parking Spaces 12 9 3 Distance between proposed multifamily 2 0' 8' 12' dwelling and existing family dwelling 20' 9' 11' \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc Member Heroux moved to approve the application. Member Cotch seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X 12-16 Sargent St. and 10-12 Van Vechten St. Sixteen parking spaces are needed per the City Zoning Code while TCB is providing 7. However, parking is not an issue on Sargent Street and Van Vechten St . In fact the owner of neighboring 9-11 Van Vechten St averred to the board that his tenants tend to use public transportation and do not own more than one car per household. In some cases tenants do not own a car at all. That combined with TCB tenant’s proven lower car ownership rates, preserve the neighborhood character. Member Cotch moved to approve the application. Vice Chairwoman Baranski seconded the motion which passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X Member Baranski moved to adjourn the meeting at 8:45pm and Member Heroux seconded the motion which passed unanimously. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc