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, July 25, 2018 MEMBERS PRESENT: Mr. Michael Briggs, Chairperson Ms. Joyce Baranski, Vice Chairperson Mr. Paul Heroux Mr. Gary Sawyer MEMBERS ABSENT: Mr. Mark Cotch ALSO PRESENT: Robyn Reynolds, Deputy Director of Economic Development & Planning CONSIDERATION OF THE MINUTES FROM JUNE 27, 2018 MEETING Chairperson Briggs called the meeting to order at 6:29 pm and the consideration of the June 27, 2018 meeting minutes passed unanimously after a motion by Chairman Briggs seconded by Member Heroux. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch Gary Sawyer X Paul Heroux X Consideration of Area Variance for a private swimming pool at 47 North Reservoir Street Chairperson Briggs read aloud the proposal which noted that the applicant was asking for a 6 foot variance from the side of the property facing Avalon Place for an above-ground private swimming pool in the R-2 District. Chairperson Briggs noted that in order to consider an area variance, the Zoning Board of Appeals needed to review the issues which must be considered for each area variance and noted that this would apply to all matters in front of the Zoning Board of Appeals for which an area variance was being considered. The applicant noted that she was the homeowner and that the pool was given to her, and that they were looking to install the pool closer to the side of the property where they would need a variance given the placement of the deck in the back of the house. She also noted that that there are trees already lining the side of the property for which the variance was being considered and that she is planning on installing a fence around the property line. The applicant also noted she was looking for a 4 foot variance instead of a 6 foot variance as she overestimated and the pool would be closer to the residence. Chairman Briggs confirmed the 4’ variance instead of the 6’ variance as the applicant stated. Member Heroux asked if the fence was to be placed on the side abutting Avalon Place as there were tall trees in the back and the applicant confirmed. Chairperson Briggs noted that there were no neighbors that would be impacted by this variance as it abuts Avalon Place. Member Heroux made a motion to approve the variance, which Member Sawyer seconded and the motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch Gary Sawyer X Paul Heroux X Consideration of Area Variance for a private swimming pool at 2 Lexington Road Chairperson Briggs read the proposal which stated that the applicant proposed to install an in- ground swimming pool in the R-1 District that would measure 16 feet by 32 feet and would sit 8 feet from the rear property line. The applicant clarified that the pool would be 16 feet by 40 feet but that this would not affect the variance. The applicant noted that they could place the pool 10 feet back from the rear property lines to meet the required setback, but that as they had adequate screening with an 8 foot fence and the house behind the property sitting far away from the pool, they wanted the extra 2 feet to place the pool where they wanted. Chairperson Briggs asked if any neighbors had reached out on the variance, and R. Reynolds confirmed that there was only one neighbor comment, which was supportive of the project. Chairperson Briggs read the letter aloud. Vice Chairperson Baranski made a motion to approve the variance, which Member Sawyer seconded. The motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch Gary Sawyer X Paul Heroux X Consideration of an Area Variance at 187 Dartmouth Street Chairperson Briggs read the proposal aloud which noted that the applicant installed a pool in the back of the property located in the R-2 Zoning District and the side setback is currently 3.5 feet. The applicant requested a 6.5 foot variance from the Cohoes Local Zoning Code. The applicant noted that she purchased a pool from Walmart so that her children could swim in it. She stated that she would like the pool to be in that location so that she could keep an eye on her children while they were swimming. She further stated that the yard is fenced in and that she understand that her neighbors have complained. She noted that she would like to keep it where it currently is as it took her several hours to install. She also noted that the pool was only 3 feet deep. A neighbor who appeared for the meeting noted that he lived next door and wanted to appear to find out what the proposal entailed, but that he is fine with the pool staying where it is. Chairperson Briggs noted to the other Board members that there was an additional comment submitted in writing by one of the neighbors where the neighbor had concerns over the electrical work done on the project as well as water drainage concerns. Member Heroux noted that he had significant concerns over the state of the electrical wiring. Chairperson Briggs stated that the Board was reviewing only the 6.5 foot variance requested by the applicant, but that the applicant still needed to appear at the upcoming Planning Board meeting to get approval for the special use permit. Member Heroux noted that he would feel comfortable approving the variance for the project, so long as there was a condition that the Building Inspector could complete an inspection on the electrical wiring. The applicant noted that she was not aware that she needed an electrical inspection. Member Heroux gave instruction on the protections needed for the pool in terms of wiring. The applicant noted that everything was protected and Member Heroux stated specifics in terms of underground wiring and permitting requirements. Member Heroux made a motion to approve the variance with the condition that the pool was inspected by a Building Inspector to alleviate safety issues, which Vice Chairperson Baranski seconded. The motion passed unanimously. Member Heroux requested that the applicant call the Building Department and schedule the inspection immediately. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch Gary Sawyer X Paul Heroux X Consideration of Area Variance for the JUNCTA Subdivision (299 – 401 Saratoga Street) Deborah Jacques, President of the Industrial Development Agency (IDA), stepped in front of the Board to explain the project and the variance required for Lot 3 of the subdivision due to the landlocked nature of the parcel. Ms. Jacques noted that the IDA was under contract with the adjacent property owners, the Bazars, and that while the parcel is currently landlocked as- planned, it would not be once under ownership of the Bazars as they are adjacent property owners. Ms. Jacques also pointed out the lot would no longer be landlocked once 787 was converted into a Boulevard, which is planned for the coming year. Chairperson Briggs read aloud the proposal for the JUNCTA subdivision and noted that the Board was considering an area variance for Lot 3 in the subdivision as it currently has no frontage as-planned. R. Reynolds clarified that that the Board can consider the issues for the area variance for this lot, and that while the landlocked nature of Lot 3 may be alleviated in the future, the Board needs to consider the proposal as-is. Councilman Napier confirmed that this approval, if passed, would be stop-gap. Ms. Jacques confirmed some questions from audience members in terms of the overall proposal, but no formal comments were made by audience members. Member Heroux asked the other Board members if they had any questions, which there were none. R. Reynolds noted that this subdivision was up for public comment, but that the Board could not vote on the proposal until SEQR had concluded. Being no further business Chairperson Briggs made a motion to adjourn the meeting at 7:02 p.m. Member Sawyer seconded the motion. Motion Carried. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch Gary Sawyer X Paul Heroux X