Zoning Board Agendas and Minutes

MINUTES OF THE COHOES ZONING BOARD OF APPEALS HELD VIRTUALLY VIA THE ZOOM APPLICATION ON WEDNESDAY, DECEMBER 16, 2020 AT 6:30 PM MEMBERS PRESENT: Mr. Greg Mollnow, Chairperson Mr. Mark Cotch Mr. Anthony Kusaywa Ms. Mary Shanks Ms. Carolyn Dion, Alternate Member Ms. Kimberly Cardona, Alternate Member MEMBERS ABSENT: Ms. Joyce Baranski, Vice Chairperson ALSO PRESENT: Joseph Seman-Graves, City Planner Sharon Butler, Administrative Assistant CONSIDERATION OF THE MINUTES FROM THE NOVEMBER 18, 2020 MEETING Chairperson Mollnow called the meeting to order at 6:33 pm Chairperson Mollnow; first agenda item is the consideration of the November 18, 2020 meeting minutes. If no one has any comments or questions I’ll make a motion to approve Member Kusaywa; I’ll 2nd motion carried unanimously YES NO ABSTAIN Greg Mollnow X Joyce Baranski Absent Mark Cotch X Mary Shanks X Anthony Kusaywa X Carolyn Dion X Kimberly Cardona Nonvoting member CONSIDERATION OF AN AREA VARIANCE AT 37 MANN AVENUE: Chairperson Mollnow: next on the agenda is an area variance for 37 Mann Avenue. The applicant is proposing to construct a 2 family home on the property located at 37 Mann Avenue, currently classified as vacant residential land. The applicant is seeking an area variance from the lot size requirements for a 2 family house in an R-2 residential district of 7,500 sq.ft. The lot is approximately 6,930 sq.ft. so the variance will be for 570 sq.ft. The applicant will also be seeking a special use permit from the planning board. Joe Seman-Graves; just so you know Greg, he got that on Monday Chairperson Mollnow; ok, so that’s not contingent on this approval? Joe Seman-Graves; no Chairperson Mollnow; ok, perfect. So moving forward with that being, that it’s an area variance, for that to be legally granted pursuant to Section 81 of the General City law, the following must be considers; benefit to the applicant if the variance is granted, as weighted against the determents to the health, safety and welfare of the neighborhood or community by such grant; whether an undesirable change will be produced in the character of the neighborhood or a determent to nearby properties will be created by the granting of the area variance; 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; whether the requested area variance is substantial; whether the proposed variance will have an adverse effect or impact on the physical environment or environmental conditions in the neighborhood or district and whether the alleged difficulty was self-created. At this time do we have the applicant, excuse me if I pronounce this wrong, Mr. Sposito? No, it’s Mr. Marshall; I’m the builder of the area, of this property, so I’m the one who applied for the variance here. Chairperson Mollnow; ok, so if you could, Mr. Marshall give us a little description of the project and what’s going on. Mr. Marshall; well obviously you have the map in front of you. We have a rendering here of approximately of the building that we want to do, that is basically the look of it right there (picture on screen). We’ve been waiting to make sure we get this approved before we go ahead and have plans drawn up to the exact house. But it won’t vary from that very much. As far as going down through this, it definitely is keeping with the neighborhood. There are 18 houses on that street, 9 of them are single family, and 9 of them are 2 family homes. It’s going to be setback, we’re still waiting as far as a site plan to decide whether or not if we’re going to do onsite parking or roadside parking. I don’t think there’s going to be any determent to the neighborhood whatsoever. This wasn’t self-created, he bought this lot as it is, the subdivision was done before him by the previous owner. I don’t believe that right there, the area variance it asks if it’s substantial, it’s actually 8.8% of the property, I don’t believe it’s substantial and as far as is it in character of the neighborhood, there’s such a hodge podge of houses on that, I don’t believe there is a particular character on that street. I think the very nature is, is it a one or two family home and it’s not like a target super store or something like that, so I do believe it is in the character of the neighborhood. If you have any questions, I’d be happy to answer them if I can. Chairperson Mollnow; ok at this time, Joe is there any comments that came in from the public? Joe Seman-Graves; no Chairperson Mollnow; ok, so at this time we’ll open it up to public comments Joe Seman-Graves; there’s no members of the public present Chairperson Mollnow; ok, so we’ll close this section of public comments and move to the board. Members of the board do you have any questions? Member Cotch; is this going to be owner occupied or is it going to be rental units? Mr. Marshall; no, I believe it is owner occupied. What the main purpose of him doing this was to live in one half of it and I believe as of right now he’s going to rent the other side to his sister. Member Cotch; ok Mr. Marshall; she was out of state, just moved back to this state. She’s hoping within the next 2 years to have me build her a house somewhere, but until that point basically I think it’s brother, sister thing. Member Cotch; ok Chairperson Mollnow; Joe didn’t we previously this year approve a similar variance on this street? Joe Seman-Graves; I believe, Mark actually called me about 33 Mann Avenue, which is right next door, had the same exact variance approved last year. So that might have been right before I started Chairperson Mollnow; ok, I remember this one because I think the property owner for this lot asked if he’d be able to get the same variance. Any other comments from the board? Ok with that since we already have a history of approving a variance there, I would make a motion to approve this variance. 2nd by Member Dion motion carried unanimously YES NO ABSTAIN Greg Mollnow X Joyce Baranski Absent Mark Cotch X Mary Shanks X Anthony Kusaywa X Carolyn Dion X Kimberly Cardona Nonvoting member Joe Seman-Graves; Mr. Marshall you had 2 favorable meetings to be at ad they weren’t 4 hours long. Mr. Marshall; this has been a piece of cake, I’m used to way worse than this so, I love this. Chairperson Mollnow; this seems to be the time to get to the zoning board and planning board because it’s kind of calm, don’t come at the beginning of spring. Mr. Marshall; no, I’ve learned that. I live in Colonie and I try to get things through there, let me tell you it’s, it can be stressful. Member Kusaywa; Colonie takes years Mr. Marshall; I did a subdivision in Rensselaer County one time and it took 41/2 years, so this is great Joe Seman-Graves; let me know when you have those plans and we’ll look to see if you need any other variances at that time, but right now you’re all set. Mr. Marshall; perfect, than you all, have a good holiday Chairperson Mollnow; so moving on to the proposed meetings for 2021. Joe sent out a schedule in this month’s packet. Looking at January through October, do any of those dates not work for anybody right now? Joe Seman-Graves; let me preface this, I want everyone to be ok with the dates, so I can post them online, so people not only know when the dates are but they know when the submissions are due. We have not been doing that historically. Sharon; so the November meeting falls on the 24th, I know that’s close to Thanksgiving so, I had on here maybe back it up to the 17th? All members agreed to the 17th. Then the December meeting falls on the 22nd of December and I didn’t know if you wanted to do it on the 22nd or back it up to the 15th. Chairperson Mollnow; I have not issue leaving it on the 22nd, unless Joe you want to try to get it done earlier and we can wrap up the year Joe Seman-Graves; it doesn’t bother me either way, it’s really whatever works for you guys. If you’re going to be on vacation or something we can do it the week before, if not that date is fine with me. Sharon; so the 22nd is ok? All members agreed to the 22nd. I will keep it on the schedule for the 22nd Member Kusaywa; the only thing, I might have in February, is going down to Florida, but I’m waiting to hear from my friends down there as to what the date is, because we have one driving up from Miami. I’m going to try and do it in the middle of the month, so hopefully I’ll be back by then. Joe Seman-Graves; alright, if you can’t luckily we have an alternate now, so we should be ok, just keep us updated. Member Kusaywa; will do Chairperson Mollnow; Joe, I’m assuming everything is going to stay virtual for the time being? Joe Seman-Graves; yes Chairperson Mollnow; ok, I didn’t want to make any assumptions, but I figured I’d ask. With no other business I propose to bring the meeting to a close. Member Kusaywa; I’ll 2nd meeting closed at 6:47PM