Board of Zoning Appeals
Regular MeetingAlbany, NY · May 26, 2021
Minutes
CITY OF ALBANY
MAYOR: KATHY M. SHEEHAN
NE W YOR K DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Luis Roldan
Board of Zoning Appeals bza@albanyny.gov
How to join the Public Meeting using Zoom
1. Register in advance for this webinar through this link:
https://us02web.zoom.us/webinar/register/WN_pFtY2JhMQdWKBCRlhRkSHQ
2. After registering, you will receive a confirmation email containing information about joining the
webinar.
How to call into the Public Meeting:
1. Dial one of the phone numbers listed below:
United States: International Numbers Available
+1 929 205 6099 +1 346 248 7799
+1 312 626 6799 +1 669 900 6833 https://zoom.us/u/aBqVUjT4r
+1 301 715 8592 +1 253 215 8782
2. Enter Webinar ID
874 0815 9417
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
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
May 2021
Board of Zoning Appeals Public Meeting
Date: Wednesday, May 26, 2021
Location: Videoconference via Zoom
Time: 6:00PM
New Business Agenda
Project #00415
Application(s) AV# 0074; AV# 0075; AV# 0076
Property Address 380 Whitehall Road
Applicant Congregation Beth Abraham Jacob
Representing Agent Dan Hershberg
Zoning District Mixed-Use, Campus Institutional (MU-CI)
Proposal Installation of 710 Linear Feet of 8-foot tall, chain link fencing, of which, 198 Linear Feet is
in the front yard area, where chain link fencing is not allowed; 332 Linear Feet of 8-foot
tall vinyl fencing and; 438 Linear Feet of 8-foot tall metal, spaced picket fencing.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – to allow fencing that is 8-feet tall when 4-feet is the
maximum height allowed.
WITHDRAWN - §375-4(F)(9)(c)(ii) – to allow chain link fencing in front yard
area, where there is no chain link fencing allowed in the front yard area.
RETRACTED BY STAFF §375-4(F)(8)(B)(i)(A) – to allow 100% opaque, vinyl
panel fencing where 60% is the maximum allowed.
AV0074 Action Deferred
Project #00416
Application(s) AV# 0077; AV# 0078
Property Address 40 South Manning Boulevard
Applicant Brett Sears; Alecia Sears
Zoning District Residential, Single-Family, Medium Density (R1-M)
Proposal Installation of 6-foot; 100% opaque fencing in front yard area.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – To allow 6-foot fencing where 4-foot fencing is the
maximum permitted height.
§375-4(F)(8)(B)(i)(A) – To allow 100% opacity fencing where 60% opacity
fencing is the maximum permitted opacity
AV0077 & AV0078 Action Deferred
Page 2 of 3
Board of Zoning Appeals Agenda
May 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.
AV0059 Action 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.
AV0060 Action 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.
AV0059 Action Deferred – Negotiations between complainant(s) and property owner
are ongoing.
Page 3 of 3
Agenda
CITY OF ALBANY
MAYOR: KATHY M. SHEEHAN
NEW YORK DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Luis Roldan
Board of Zoning Appeals bza@albanyny.gov
How to join the Public Meeting using Zoom
1. Register in advance for this webinar through this link:
https://us02web.zoom.us/webinar/register/WN_pFtY2JhMQdWKBCRlhRkSHQ
2. After registering, you will receive a confirmation email containing information about joining the
webinar.
How to call into the Public Meeting:
1. Dial one of the phone numbers listed below:
United States: International Numbers Available
+1 929 205 6099 +1 346 248 7799
+1 312 626 6799 +1 669 900 6833 https://zoom.us/u/aBqVUjT4r
+1 301 715 8592 +1 253 215 8782
2. Enter Webinar ID
874 0815 9417
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
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
May 2021
Board of Zoning Appeals Public Meeting
Date: Wednesday, May 26, 2021
Location: Videoconference via Zoom
Time: 6:00PM
New Business Agenda
Project #00415
Application(s) AV# 0074; AV# 0075; AV# 0076
Property Address 380 Whitehall Road
Applicant Congregation Beth Abraham Jacob
Representing Agent Dan Hershberg
Zoning District Mixed-Use, Campus Institutional (MU-CI)
Proposal Installation of 710 Linear Feet of 8-foot tall, chain link fencing, of which, 198 Linear Feet is
in the front yard area, where chain link fencing is not allowed; 332 Linear Feet of 8-foot
tall vinyl fencing and; 438 Linear Feet of 8-foot tall metal, spaced picket fencing.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – to allow fencing that is 8-feet tall when 4-feet is the
maximum height allowed.
§375-4(F)(9)(c)(ii) – to allow chain link fencing in front yard area, where there is
no chain link fencing allowed in the front yard area.
RETRACTED BY STAFF §375-4(F)(8)(B)(i)(A) – to allow 100% opaque, vinyl
panel fencing where 60% is the maximum allowed.
Project #00416
Application(s) AV# 0077; AV# 0078
Property Address 40 South Manning Boulevard
Applicant Brett Sears; Alecia Sears
Zoning District Residential, Single-Family, Medium Density (R1-M)
Proposal Installation of 6-foot; 100% opaque fencing in front yard area.
Requests Area Variances
§375-4(F)(8)(B)(i)(A) – To allow 6-foot fencing where 4-foot fencing is the
maximum permitted height.
§375-4(F)(8)(B)(i)(A) – To allow 100% opacity fencing where 60% opacity
fencing is the maximum permitted opacity
Page 2 of 3
Board of Zoning Appeals Agenda
May 2021
Pending Business Agenda
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.
Page 3 of 3
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