Board of Zoning Appeals
Regular MeetingAlbany, NY · February 10, 2021
Minutes
Board of Zoning Appeals Agenda
February 2021
Board of Zoning Appeals Public Hearing & Meeting
Date: Wednesday, February 24th , 2021
Location: Videoconference via Zoom
Time: 6:00 PM
New Business Agenda
Project #00400
Application(s) AV# 0065; AV#0066; AV# 0067; INT# 005; INT# 006; INT# 007
Property Address 41 South Pine Avenue
Applicant William Stanley
Representing Agent Dan Hershberg
Zoning District Residential, Two-Family (R-2)
Proposal Propose to demolish and rebuild replacement porch of lower portion of columns with
masonry supports and relocating steps from left offset to center offset.
Requests Area Variances
§375-4(G)(3) – To allow the use of half pillars instead of full height pillars
predominant in area; To allow the use of cylindrical pillars instead of squared
pillars predominant in area.
§375-4(G)(4)(a) – To allow the use of the use of masonry elements instead of
the original material of wood.
§375-4(G)(4)(d)(i) – To allow the reconstruction of the porch in a style that
deviates from original construction design.
Interpretations relating to decision by the Chief Planning Official to deny permit
based on applicability of regulations
§375-4(G)(3) – To request the BZA interpret applicability.
§375-4(G)(4)(a) – To request the BZA interpret applicability.
§375-4(G)(4)(d)(i) – To request the BZA interpret applicability.
Deferred: Applicant requested case deferral until March BZA public hearing.
Project #00401
Application(s) AV# 0068; AV# 0069; AV# 0070
Property Address 961 State St
Applicant Rebecca Franklin
Representing Agent JSM Fence LLC
Zoning District Residential, Two-Family (R-2)
Installation of 169 Linear Feet of 6-foot; 100% opaque fencing and 50 Linear Feet of
Proposal
chain link fencing in front yard area.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – for 169 Linear Feet of 6-feet tall, wood panel fencing
when 4-feet is the maximum allowed.
§375-4(F)(8)(B)(i)(A) – for 169 Linear Feet of 100% opaque, wood panel fencing
where 60% is the maximum allowed.
Page 2 of 4
Board of Zoning Appeals Agenda
February 2021
§375-4(F)(9)(c)(ii) – for 50 Linear Feet of chain link fencing in front yard area,
where there is no chain link fencing allowed.
Deferred: Pending Applicant submission of additional material.
Project #00402
Application(s) AV# 0071; AV# 0072
Property Address 899 Western Ave
Applicant Capital Communications Federal Credit Union
Representing Agent Thomas Wheeler (AJ Signs)
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Installation of an 8-foot, 50 square foot, freestanding, monument sign.
Requests Area Variances
§375-4(I)(5) – to allow an 8-foot-tall monument sign, where 5 feet is the
maximum height allowed.
§375-4(I)(5) – to allow a 50 square foot monument sign, where 32 square feet is
the maximum size allowed.
Deferred: Pending Applicant submission of additional materials.
Project #00403
Application(s) AV# 0073
Property Address 161 Washington Avenue Extension, Suite 104
Applicant MyHotTub.com
Representing Agent Jeremy O’Brien
Zoning District Mixed-Use, Community Highway (MU-CH)
Proposal Installation of a 94.7 square foot “box” wall sign.
Requests Area Variances
§375-4(I)(5) – to allow a 94.7 square foot “box” wall sign where 32 square feet is
the maximum allowed.
Deferred: Pending Applicant submission of additional materials.
Page 3 of 4
Board of Zoning Appeals Agenda
February 2021
Pending Business Agenda
Project #00372
Application(s) AV# 0059
Property Address 1415 Washington Avenue
Applicant 1415 Washington Property LLC
Representing Agent Dan Hershberg
Zoning District Mixed-Use, Community Urban (MU-CU)
Proposal Demolition of +/- 66,237 square foot hotel and the construction of +/- 414,580
square foot student dormitory with 240 dwelling units and a parking garage with
+/- 207 automobile parking spaces.
Requests Area Variance - 375-4(A)(3)(b)(i) – to allow a 107-foot front setback where 10
feet is the maximum permitted.
Deferred pending Planning Board SEQR determination.
Project #00371
Application(s) AV# 0060
Property Address 255-271 Clinton Avenue
Applicant Home Leasing
Representing Agent Dan Hershberg, Hershberg & Hershberg
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Construction of a parking lot with +/-38 parking spaces.
Requests Area Variance - 375-4(E)(2)(b) - to allow +/- 33 parking spaces where 3 parking
spaces is the maximum permitted.
Deferred pending Planning Board SEQR determination.
NC # 0001
Application(s) NC# 0001
Property Address 36 Judson Street
Applicant Hon. Jahmel Robinson, Common Council Representative, 5th Ward
Zoning District MU-NE (Mixed-Use, Neighborhood Edge)
Proposal Board of Zoning Appeals review of a nuisance complaint.
Requests Board of Zoning Appeals Review – of a December 12th, 2019 complaint of
Nuisance at 36 Judson Street to determine whether 36 Judson Street is a
nuisance property.
Deferred: Applicant in negotiations with property owner.
Page 4 of 4
Agenda
CITY OF ALBANY
MAYOR: KATHY M. SHEEHAN
NE W YOR K COMMISSIONER: CHRISTOPHER P. SPENCER
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Luis Roldan
Board of Zoning Appeals bza@albanyny.gov
Board of Zoning Appeals Workshop
Date: Tuesday, February 10th, 2021
Location: Videoconference via Zoom (Instructions Listed Below)
Time: 6:00 PM
WORKSHOP AGENDA
1. Discussion regarding cases for the upcoming February 24th public hearing and meeting (subject to revision).
2. Open discussion and pending business.
3. Adjourn.
Enclosure: Draft Agenda for upcoming February 24th Public Hearing and Meeting.
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
February 2021
How to View the Workshop
Register in advance for this webinar through this link:
https://us02web.zoom.us/webinar/register/WN_yxWLzfITQhWpbsKiUOCWJQ
After registering, you will receive a confirmation email containing information about joining the
webinar.
How to Listen to the Workshop
Please dial one of these numbers and enter the Webinar ID 874 0815 9417 when prompted.
United States:
+1 929 205 6099 +1 346 248 7799
+1 312 626 6799 +1 669 900 6833
+1 301 715 8592 +1 253 215 8782
Webinar ID
874 0815 9417
International numbers available
https://zoom.us/u/aBqVUjT4r
Board of Zoning Appeals Public Workshops, Meetings and Hearings are being held pursuant to
Governor Cuomo’s executive order 202.1 and Mayor Sheehan’s emergency order 315-1b.
Zoom is a digital platform that may require you to have certain capabilities, for more information please
visit: https://support.zoom.us/hc/en-us/articles/204003179-System-Requirements-for-Zoom-Rooms .
Page 2 of 5
Board of Zoning Appeals Agenda
February 2021
Board of Zoning Appeals Public Hearing & Meeting
Date: Wednesday, February 24th , 2021
Location: Videoconference via Zoom
Time: 6:00 PM
New Business Agenda
Project #00400
Application(s) AV# 0065; AV#0066; AV# 0067; INT# 005; INT# 006; INT# 007
Property Address 41 South Pine Avenue
Applicant William Stanley
Representing Agent Dan Hershberg
Zoning District Residential, Two-Family (R-2)
Proposal
Propose to demolish and rebuild replacement porch of lower portion of columns with
masonry supports and relocating steps from left offset to center offset.
Requests Area Variances
§375-4(G)(3) – To allow the use of half pillars instead of full height pillars
predominant in area; To allow the use of cylindrical pillars instead of squared
pillars predominant in area.
§375-4(G)(4)(a) – To allow the use of the use of masonry elements instead of
the original material of wood.
§375-4(G)(4)(d)(i) – To allow the reconstruction of the porch in a style that
deviates from original construction design.
Interpretations relating to decision by the Chief Planning Official to deny permit
based on applicability of regulations
§375-4(G)(3) – To request the BZA interpret applicability.
§375-4(G)(4)(a) – To request the BZA interpret applicability.
§375-4(G)(4)(d)(i) – To request the BZA interpret applicability.
Project #00401
Application(s) AV# 0068; AV# 0069; AV# 0070
Property Address 961 State St
Applicant Rebecca Franklin
Representing Agent JSM Fence LLC
Zoning District Residential, Two-Family (R-2)
Installation of 169 Linear Feet of 6-foot; 100% opaque fencing and 50 Linear Feet of
Proposal
chain link fencing in front yard area.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – for 169 Linear Feet of 6-feet tall, wood panel fencing
when 4-feet is the maximum allowed.
§375-4(F)(8)(B)(i)(A) – for 169 Linear Feet of 100% opaque, wood panel
fencing where 60% is the maximum allowed.
Page 3 of 5
Board of Zoning Appeals Agenda
February 2021
§375-4(F)(9)(c)(ii) – for 50 Linear Feet of chain link fencing in front yard area,
where there is no chain link fencing allowed.
Project #00402
Application(s) AV# 0071; AV# 0072
Property Address 899 Western Ave
Applicant Capital Communications Federal Credit Union
Representing Agent Thomas Wheeler (AJ Signs)
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Installation of an 8-foot, 50 square foot, freestanding, monument sign.
Requests Area Variances
§375-4(I)(5) – to allow an 8-foot-tall monument sign, where 5 feet is the
maximum height allowed.
§375-4(I)(5) – to allow a 50 square foot monument sign, where 32 square feet
is the maximum size allowed.
Project #00403
Application(s) AV# 0073
Property Address 161 Washington Avenue Extension, Suite 104
Applicant MyHotTub.com
Representing Agent Jeremy O’Brien
Zoning District Mixed-Use, Community Highway (MU-CH)
Proposal Installation of a 94.7 square foot “box” wall sign.
Requests Area Variances
§375-4(I)(5) – to allow a 94.7 square foot “box” wall sign where 32 square feet
is the maximum allowed.
Page 4 of 5
Board of Zoning Appeals Agenda
February 2021
Pending Business Agenda
Project #00372
Application(s) AV# 0059
Property Address 1415 Washington Avenue
Applicant 1415 Washington Property LLC
Representing Agent Dan Hershberg
Zoning District Mixed-Use, Community Urban (MU-CU)
Proposal Demolition of +/- 66,237 square foot hotel and the construction of +/- 414,580
square foot student dormitory with 240 dwelling units and a parking garage
with +/- 207 automobile parking spaces.
Requests Area Variance - 375-4(A)(3)(b)(i) – to allow a 107-foot front setback where 10
feet is the maximum permitted.
Project #00371
Application(s) AV# 0060
Property Address 255-271 Clinton Avenue
Applicant Home Leasing
Representing Agent Dan Hershberg, Hershberg & Hershberg
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Construction of a parking lot with +/-38 parking spaces.
Requests Area Variance - 375-4(E)(2)(b) - to allow +/- 33 parking spaces where 3 parking
spaces is the maximum permitted.
NC # 0001
Application(s) NC# 0001
Property Address 36 Judson Street
Applicant Hon. Jahmel Robinson, Common Council Representative, 5th Ward
Zoning District MU-NE (Mixed-Use, Neighborhood Edge)
Proposal Board of Zoning Appeals review of a nuisance complaint.
Requests Board of Zoning Appeals Review – of a December 12th, 2019 complaint of
Nuisance at 36 Judson Street to determine whether 36 Judson Street is a
nuisance property.
Page 5 of 5
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