Board of Zoning Appeals
Regular MeetingAlbany, NY · March 24, 2021
Minutes
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 Public Meeting
Date: Wednesday, March 24, 2021
Location: Videoconference via Zoom
Time: 6:00PM
Present: Daley, White-Lake, Rice, Quain, Barnum, Le Blan
NEW BUSINESS AGENDA
0B 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.
AV# 0066 PLANNING DEPARTMENT WITHDREW PERMIT DENIAL IN CONSIDERATION OF
§375-4(G)(3)
AV#0066; AV# 0067;
INT# 005; INT# 006; DEFERRED – IN CONSIDERATION OF FACTS
INT# 007
1B Project #00401
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
March 2021
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.
• §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.
APPLICATION WITHDRAWN
2B 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.
AV# 0071
Motion to Approve Passed – 6-0-0
AV# 0072
Motion to Approve Passed – 6-0-0
3B Project #00403
Application(s) 4B 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.
APPLICATION WITHDRAWN
Page 2 of 3
Board of Zoning Appeals Agenda
March 2021
Pending Business Agenda
5B 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– MOTIONS PREEMPTED DUE TO PENDING DETERMNATION OF
ENVIRONMENTAL QUALITY REVIEW FROM PLANNING BOARD
6B 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– MOTIONS PREEMPTED DUE TO PENDING DETERMNATION OF
ENVIRONMENTAL QUALITY REVIEW FROM PLANNING BOARD
7B 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 NEGOTIATIONS ON-GOING
Page 3 of 3
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
How to join the Meeting using Zoom
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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
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200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
March 2021
Board of Zoning Appeals Public Meeting
Date: Wednesday, March 24, 2021
Location: Videoconference via Zoom
Time: 6:00PM
New Business Agenda
0B 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.
1B 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.
Page 2 of 4
Board of Zoning Appeals Agenda
March 2021
• §375-4(F)(8)(B)(i)(A) – for 169 Linear Feet of 100% opaque, wood panel
fencing where 60% is the maximum allowed.
• §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.
APPLICATION WITHDRAWN
2B 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.
3B Project #00403
Application(s) 4B 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.
APPLICATION WITHDRAWN
Page 3 of 4
Board of Zoning Appeals Agenda
March 2021
Pending Business Agenda
5B 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.
SEQR DETERMNATION REQUIRED AT PLANNING BOARD
6B 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.
SEQR DETERMNATION REQUIRED AT PLANNING BOARD
7B 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 4 of 4
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