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, MARCH 28TH, 2018 MEMBERS PRESENT: Mr. Michael Briggs, Chairman Mrs. Joyce Baranski, Vice-Chairwoman Mr. Gary Sawyer Mr. Mark Cotch Mr. Paul Heroux ALSO PRESENT: Debbie Jacques, Recording Secretary CONSIDERATION OF THE MINUTES FROM FEBRUARY 28, 2018 Chairman Michael Briggs called the meeting to order at 6:30 pm and the consideration of February 28, 2018 meeting minutes passed unanimously after a motion by Member Cotch seconded by Member Sawyer. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X CONSIDERATION OF AREA VARIANCES FROM SETBACK AND SIZE FOR A SHED AT 290 VLIET BLVD Chairman Briggs read the proposal stating that the applicant proposes constructing a new 14’ x 18’ 252 SF shed as an accessory structure behind a single family home at 290 Vliet Blvd. The newly constructed structure would sit 5’ from the side property line. The property owner has an existing 8’ x 10’ shed in the backyard. Chairman Briggs invited the property owner, Mr. Grignon, up to address the Board. Mr. Grignon stated that he is purchasing a pre-fab shed and the placement of the shed will be 5’ off of the side property line and that it will line up with his driveway. He currently has a shed that has been on the property for a long time and that shed is only 1’ off of the property line. He further stated that he has had no issues with drainage from the existing shed. Chairman Briggs asked if there were any questions. Tina Reo, 286 Vliet Street stated she had a few questions. She stated she was the next door neighbor and she had concerns about the shed being located next to her fence. After Ms. Reo reviewed Mr. Grignon’s plans she realized that the shed was not going to be near her fence and that it will be located to the West side of Mr. Grignon’s property. Jeanne Holland from 296 Vliet Blvd stated that she is the owner of the property to the West of Mr. Grignon’s property and she had concerns that the shed would be encroaching on her property. Chairman Briggs asked Ms. Holland and Mr. Grignon if either of \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc them had a survey of their properties and they both stated that they did not. Ms. Reo stated that she had a survey showing her property line and that they were welcome to use that as a point of reference for Mr. Grignon’s lot line. Chairman Briggs asked Fred Laughlin from Code if it would be possible to measure from the property line on the East to the end of Mr. Grignon’s property line on the West. Mr. Laughlin stated he would go out to the property tomorrow and measure. Member Heroux made a motion to approve the variance contingent upon the Code Department confirming that the shed will be within 5’ of the property line based on measuring from the property line on the east. Member Cotch seconded the motion. Motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X CONSIDERATION OF AN AREA VARIANCE FROM LOT WIDTH FOR A SUBDIVISION AT 410 VLIET STREET Chairman Briggs read the proposal stating that the applicants propose subdividing 174’ x 700’ lot into three parcels. The existing structure will meet all lot size requirements. However, the newly created lots measure 42’ wide at the street. According to the Bulk and Use table in Appendix iii of the code, frontage requirements in the R-1 residential zoning district measure 70’. In this instance the applicant subdivided a large parcel, creating two lots with 42’ width, requiring a variance of 28’ for each. Chairman Briggs invited the developers, Ms. Tarlo and Mr. LePage up to address the board. Ms. Tarlo gave the board an overview of the project stating that they purchased the existing home and land at 410 Vliet Blvd and they would like to subdivide the site into 3 parcels. They have plans to renovate the existing farm house at 410 Vliet Blvd and then divide the back of the lot into 2 additional parcels. They presented plans for the style of the homes they are planning on building. They stated that they needed the variance because the driveways for the 2 new parcel will only be 42’ wide. Chairman Briggs asked if there were any questions. Mark Colozza, 123 Linda Lane stated that he lives at the end of Linda Lane and his property backs up to the project and he has a concern about the already high water table. Roseanne Wakalanko stated that she has lived at 132 Linda Lane for 45 years and she is concerned about the water and drainage. She presented the board with picture of the standing water in her yard. Walter Cherniak of 415 Vliet Blvd asked to see to the configuration of the lots and he had questions about the setback and the water drainage issues. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc  Clifford Taylor from Elizabeth Court wanted to know how the properties on Elizabeth Court would be effected. Paul Robinson from 417 Vliet Blvd stated that he also had concerns about the water drainage and he was upset that there was clay from the project in the road. We requested that the developer have the site cleaned at the end of the workday. Mr. LePage and Ms. Tarlo addressed the concerns of the neighbors stating that they will have storms drains with lateral hook up from each of the homes. They stated that their intention is to keep as much of the natural buffer around the homes. There will be no encroachments on either Linda Lane or Elizabeth Court. Member Heroux made a motion to approve the area variance for 2 newly created lots at 410 Vliet Street. Member Baranski seconded the motion. Motion carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X Consideration of SEQR regarding area variances for mixed-use development at 70 Delaware Avenue – the southeast quadrant of Ontario Street and Delaware Avenue SBL:11.13-1-4 Chairman Briggs read the proposal stating that the applicant proposes constructing a mixed-use development with a waterfront public access park including a dock along the Hudson River. Currently a vacant lot, the applicant would construct two 4 story multi-family buildings, containing a combined total of 98 Apartments and one 4,000 SF retail store with a drive-in. Ancillary surface parking for 152 cars would accommodate the residents, visitors, customers and employees. Chairman Briggs stated that the board opened the SEQR process at the last meeting and there was a motion to declare an intent to act as lead agency. Chairman Briggs stated that the Zoning Board classified proposal as a Type I Action and that the Boards declares lead agency for the SEQR review. Chairman Briggs made a motion to declare lead agency and classify the project as a Type I action. Member Cotch seconded the motion. Motion carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc Consideration of approval of a drive thru facility on the 4,000 SF retail building at 70 Delaware Avenue Chairman Briggs read the proposal stating that the applicant proposes installing a drive-thru facility on the 4,000 SF retail building at 70 Delaware Avenue. He further stated that the Zoning Code permits drive-thru in the commercial district however this property is located in a MU-2 mixed use waterfront zoning district and would require a variance. The Engineer on the project, Jaime Easton, gave an overview of the project. Chairman Briggs invited member of the public to come up and speak. Brian Tarlo from the Island had concerns about traffic. Mary Casale, from Admiral’s Walk also expressed concerns about the traffic stating that the traffic is already very heavy in this area and with the addition of more apartments the traffic will be worse. Pete from Ontario Street had concerns about the additional traffic and also parking on Ontario Street. Randy Koniowka of 142 Second Street stated that there have been concerns about the traffic since the 1990’s with the 1st development on the waterfront. He stated that he feels the developer does need to address the traffic concerns and that those concerns should be addressed with the planning board. He suggested maybe lowering the building height. Mr. Koniowka stated that he is not a fan of drive thru’s and he has concerns for the pedestrian traffic as well. He further stated that the lot in its current state is an eyesore and he thanked Mr. Curley and his company for their commitment to Cohoes. Mr. Easton stated that before the project moves forward they will have to complete a Traffic Study. He further stated that the traffic light that was recently installed was as a result of prior traffic studies and he stated that the project still has to go before the Planning Board. Member Sawyer had questions about the drive thru. He asked Mr. Easton if there was a particular tenant who is requesting the drive-thru. Mr. Easton stated that they have not secured the commercial tenant yet but food retailer business do want the ability to have a drive thru. Mr. Easton stated they are asking for the variance but they may not need it. Member Baranski asked Mr. Curley if he has a price range for the rental units. Mr. Curley stated that the units would be smaller 1 and 2 bedroom units and he did not know the rent, but their intention is to try to keep the rent reasonable. Member Heroux made a motion to approve the variance for the drive thru facility. Member Cotch seconded the motion. Motion carried. \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc  YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X Consideration of several area variances building at 70 Delaware Avenue Chairman Briggs read the proposal stating that the applicant proposes constructing a mixed-use development with a waterfront public access including a dock along the Hudson River, currently a vacant lot the applicant would like to construct two 4 story multi-family buildings containing a combined total of 98 apartments and one 4,000 SF retail store with a drive-in. Ancillary surface parking for 152 cars would accommodate the residents, visitors, customers and employees. According to Section 285-88 of the Cohoes City Zoning Code the City requires 206 parking spaces for the proposal, leaving a discrepancy of 54 spaces. Section 285-64 limits the number of residential units per building to 10 while the proposal creates 47 and 51 requiring variances of 37 and 41 respectively. Finally Appendix iii of the Cohoes Zoning Code, title the Bulk and Use table, delineates setbacks and lot requirements. In the MU-2 Waterfront Mixed-use zoning district the code requires 50% of greenspace, 0-10’ front and 20’ rear setbacks. In this instance the proposal requires 12% variance from greenspace requirement and 18’ rear setback. Chairman Briggs made a motion to approve the variance. Member Heroux seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X Being no further business Chairman Briggs made a motion to adjourn the meeting at 8:57 p.m. Member Cotch seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Gary Sawyer X Paul Heroux X \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc \\cohoes.local\CoC-Data\Users\mashline-heil\Boards, Commissions, & Agencies\ZBA\ZBA\minutes\ZBA Minutes 2017\ZBA Minutes 10-25- 2017.doc