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, SEPTEMBER 25, 2019 AT 6:30 PM MEMBERS PRESENT: Mr. Michael Briggs, Chairperson Ms. Joyce Baranski, Vice Chairperson Ms. Mary Shanks Mr. Mark Cotch Mr. Greg Mollnow ALSO PRESENT: Sharon Butler, Administrative Assistant to Economic & Community Development CONSIDERATION OF THE MINUTES FROM THE AUGUST 28, 2019 MEETING Chairperson Briggs called the meeting to order at 6:30 pm and asked for the Board to review and comment on the August 28, 2019 meeting minutes. There being no questions, Chairperson Briggs made a motion to approve the meeting minutes, which Vice Chairperson Baranski seconded and the motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Mary Shanks X Greg Mollnow X CONSIDERATION OF AN AREA VARIANCE FOR AREA VARIANCE FOR A MULTI-FAMILY PROJECT WITH SEVEN DWELLING UNITS AT 69-75 EGBERT STREET Chairperson Briggs read through the proposal of the variance request and reminded the members that they would not be voting on any variances as the SEQR process is still open. Tonight’s consideration is to hear any comments from members and any public comments, or if the board would be requesting any further documentation from the applicant Scott Boisvert. Chairperson Briggs read aloud the six considerations that the Board has to review in exploring an area variance. Chairperson Briggs asked the applicant Scott Boisvert to approach and explain the project. Mr. Boisvert explained his project that he wants to build 7 unit dwelling. Mr. Boisvert had new drawings to show changes that were requested by the Planning Board-addressing storm water, landscaping, and lighting. Chairperson Briggs confirmed that a 5 foot variance is needed for the front, 8 foot variance for the side, and lot coverage variance of 25%. Chairperson Briggs asked if there were any public comments on this project. Ms. Joan Jarvis approached and asked about parking, as Egbert St only has parking on one side of the street. Mr. Boisvert stated that there will be garages with the homes and parking spaces as indicated on the drawing. Ms. Jarvis stated that she is still concerned with parking especially in the winter. Chairperson Briggs asked if there were any other public comments. Mr. Steven Wilcox approached and stated that he feels the neighborhood would change and his view would be blocked, as he now has views of the mountains. Chairperson Briggs stated that the public can also attend the planning meeting and next zoning meeting to again air their grievances, the next zoning meeting is October 23rd. Chairperson Briggs asked if there were any other comments or questions. Being none Chairperson Briggs closed the comment part of this application. Chairperson Briggs did asked Sharon that if any other calls or questions from public came in to forward to the members and the applicant Scott Boisvert. CONSIDERATION OF A SUBDIVISION AT 181 MANOR AVENUE Chairperson Briggs read through the proposal and again reminded the members that they would not be voting on this as the SEQR process is still open. This is for review, comments and questions from the board members and the public. Chairperson Briggs asked the applicant John Raucci to approach and give description of what he was looking to do. Mr. Raucci stated that he would like to obtain the variance to sub divide his lot into 2 lots. The one lot has plantings on it now. Chairperson Briggs asked if anyone in the public had any questions regarding the proposal. Mr. William McCarthy approached and stated that he received concerns from resident about parking if something was built there. Mr. Raucci stated he doesn’t have any plans of building or what he was going to do with the lot, he was just looking for the variance should he want to do something in the future. Mr. McCarthy stated that parking would be an issue especially in the winter time Chairperson Briggs asked if there were any other comments or questions. Being none Chairperson Briggs closed the public comment part of this application. Chairperson Briggs did ask Mr. Raucci if he had a sign posted for the variance. Mr. Raucci said he did. Chairperson Briggs asked if he could leave the sign up until the process of approvals was obtained. Mr. Raucci agreed to keep the sign on the property. CONSIDERATION OF AN AREA VARIANCE FOR AN ACCESSORY BUILDING AT 40 CONTINENTAL AVENUE Chairperson Briggs read through the proposal submitted as the applicant is proposing to construct a 16 foot by 40 foot garage on the property at 40 Continental Avenue which hosts a single family home. The variances needed are; 8% greenspace, 6.9 foot side setback, 19.8 foot front setback, 5 foot height variance and 520 SF variance for the garage size. Chairperson Briggs read aloud the six considerations that the Board has to review in exploring an area variance. Chairperson Briggs asked the applicant Paul Thouin to approach and explain his project. Mr. Thouin stated that most houses sit on lots that are 50 feet by 100 feet and people have more cars. He is looking to relieve the parking by putting up this garage so 2 of the 4 cars can be parked in the garage. Mr. Thouin also stated he is going to remove the 8 foot x 8 foot tool shed that is on the property for more green space. Chairperson Briggs asked if there were any questions or comments. Member Cotch asked Mr. Thouin if the garage is attached. Mr. Thouin stated it is not. Chairperson Briggs asked if letters went out to the residents. Sharon Butler stated that she did send letters out. Member Cotch made a motion to approve the variances requested, which was seconded by Chairperson Briggs with the variances being contingent on Traffic Commission review and approving the curb cuts, motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Mary Shanks X Greg Mollnow X CONSIDERATION OF AN AREA VARIANCE FOR LOT SIZE FOR A TWO FAMILY DWELLING AT 33 MANN AVENUE. Chairperson Briggs read through the proposal submitted as the applicant is proposing to construct a 40 foot x 50 foot duplex on at 63.3 foot x 110 foot deep lot. The variances needed are; 10 foot front setback and lot size variance of 534 feet. Chairperson Briggs read aloud the six considerations that the Board has to review in exploring an area variance. Chairperson Briggs asked the applicant David Livarchuk to approach and explain his project. Mr. Livarchuk explained that he would like to build a duplex measuring 40 feet x 50 feet on a now vacant lot. Chairperson Briggs asked if both entrances would be in the front and if they are up and down units or split in the middle. Mr. Livarchuk said both entrances would be in the front and it is split down the middle to make two units. Member Cotch asked if each unit has a garage. Mr. Livarchuk said they would both have a garage. Chairperson Briggs asked if anyone from the public had any questions or comments about the project. Mr. Jim Kennedy approached and asked if he would have to get the same variances as he owns the lot next to it. Chairperson Briggs told him yes, as this sets the precedent but if the lot does not meet the requirements he would have to apply for a variance for the lot size. Mr. Kennedy then asked where the garages were. Mr. Livarchuk showed him on the survey map where they would be. Mr. Kennedy then said he has built numerous duplex’s and they were all ENDO style (long way in), he said this shows the duplex being built is “more modern”. Mr. Kennedy again questioned if he would have to obtain a variance. Chairperson Briggs again confirmed that he would have to follow the same protocol. Chairperson Briggs asked if there were any other questions or comments from the public. Mr. Johnny Cheeks asked if it was going to be 2 rentals or owner occupied. Mr. Livarchuk stated one would be a rental and he would occupy as the owner the other unit. Mr. William McCarthy asked about parking. Mr. Livarchuk said there is off street parking and there will be garages. Chairperson Briggs asked if there were any other comments or questions regarding the project. Chairperson Briggs stated that any approvals were contingent on the Traffic Commission reviewing and approving any curb cuts. Member Shanks made a motion to approve the variances conditional on the approval from the Traffic Commission seconded by Vice Chairperson Baranski motion passed unanimously. YES NO ABSTAIN Michael Briggs X Joyce Baranski X Mark Cotch X Mary Shanks X Greg Mollnow X Adjournment There being no further business, Chairperson Briggs made a motion to adjourn the meeting at 7:07 PM, which was seconded by Member Cotch and passed unanimously.