Board of Zoning Appeals

CITY OF ALBANY MAYOR: KATHY M. SHEEHAN Director: BRAD GLASS NE W YOR K BOARD CHAIR: RICHARD BERKLEY, ESQ. DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Luis Roldan BZA@ALBANYNY.GOV Board of Zoning Appeals Board of Zoning Appeals Public Meeting Date: Wednesday, April 28, 2021 Location: Videoconference via Zoom Time: 6:00PM No New Business Pending 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 AV #0066 §375-4(G)(4)(a) – To allow the use of the use of masonry elements instead of the Preempted original material of wood. AV #0066 §375-4(G)(4)(d)(i) – To allow the reconstruction of the porch in a style that deviates Preempted from original construction design. The Area Variances requested were preempted by the interpretation the board issued. Interpretations INT #006 §375-4(G)(4)(a) – To request the BZA interpret applicability. INT #007 §375-4(G)(4)(d)(i) – To request the BZA interpret applicability. Interpretations Issued In addressing the applicability of the aforementioned ordinance to the applicant’s proposal, the board stated it agrees that [the applicant’s proposal] does not constitute new construction or a significant expansion; that the work being done doesn’t completely undo and redo the building and that it is not building anew, or adding to the existing structure. Thus, it would be normal maintenance or repairs. The applicant proposal, which maintains the overall look of the porch, and even goes back to try and respect original style of the porch – although it has the blue stone, which is slightly different – is fairly minimal and maintaining bailing from current porch. 200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066  Board of Zoning Appeals Agenda March 2021 Replacement of porch materials is not an alteration but rather is consistent with repairs or maintenance; to interpret work being done on the porch resulting in some changes is still consistent with neighborhood style requirements to maximum extent practicable. 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 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 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 2 of 2