Board of Zoning Appeals
Regular MeetingAlbany, NY · July 28, 2021
Minutes
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
Board of Zoning Appeals Public Meeting
Date: Wednesday, July 28, 2021
Location: Zoom Webinar; YouTube Livestream; 200 Henry Johnson Boulevard
Time: 6:00PM
Members Present Berkley, LeBlan, Barnum
Present via Tele-
White-Lake
Conference
Public Workshop Agenda
Project #00431
Application(s) NC #0002
Property Address 275 Lark Street
Applicant Lead Planning Official; Hon. Richard Conti, 6th Ward
Zoning District Mixed-Use, Neighborhood Center (MU-NC)
Proposal Board of Zoning Appeals review of a nuisance complaint.
Requests Board of Zoning Appeals Review – of a July 26th complaint of Nuisance at 275 Lark
Street to determine whether 275 Lark Street is a nuisance property.
NO ACTION TAKEN ON WORKSHOP ITEM PRIOR TO INITIAL HEARING.
Project #00426
Application(s) AV# 0080; AV #0081; AV #0082
Property Address 23 Hackett Boulevard
Applicant Ryan M. Smith
Representing Agent Daniel R. Hershberg
Zoning District Mixed-Use, Community Urban (MU-CU)
Proposal Construction of a 2,166 square foot temporary trailer classroom for Albany Leadership
Charter High School for Girls on the grounds of St. Paul's Episcopal Church.
Requests Area Variances
§375-401(3)(b)(i) – to allow a front setback of 182 feet when the maximum
allowed front setback is 10 feet.
§375-4(E)(4)(d) – to allow a trailer to be stored in side yard when trailers are
only permitted in the rear yard.
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
July 2021
§375-4(E)(1)(d)(ii) – to allow a change to the parking configuration that brings
site out of conformance or would increase existing nonconformity.
NO ACTION TAKEN ON WORKSHOP ITEM PRIOR TO INITIAL HEARING.
Project #00427
Application(s) AV# 0077; AV# 0078
Property Address 65 Krank Street
Applicant Ayzo Ridge Design & Consulting LLC
Representing Agent Bridgette Shoemaker
Zoning District Residential, Single-Family, Medium Density (R1-M)
Proposal Rebranding existing signage at 65 Krank Street to include electronic copy.
Requests Area Variances
§ 375-409(5)(a)(i) – To allow two Wall Signs on one frontage where one is the
maximum allowed number of wall signs per frontage.
§ 375-409(5)(a)(i) – To allow a 51 Square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(5)(a)(i) – To allow a 75 square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(5)(a)(i) – To allow a 7-foot tall monument sign when 5-feet is the
maximum height allowed.
§ 375-409(5)(a)(i) – To allow a 43 Square foot Monument sign when 20 square
feet is the maximum allowed.
§ 375-409(3)(b) – To allow a sign with flashing/intermittent rotating or moving
lights when signs with flashing/intermittent rotating or moving lights is not
permitted.
NO ACTION TAKEN ON WORKSHOP ITEM PRIOR TO INITIAL HEARING.
Project #00428
Application(s) AV# 0077; AV# 0078
Property Address 42 South Dove Street
Applicant Ayzo Ridge Design & Consulting LLC
Representing Agent Bridgette Shoemaker
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Rebranding existing signage at 42 South Dove Street to include electronic copy.
Requests Area Variances
§ 375-409(5)(a)(i) – To allow two Wall Signs on one frontage where one is the
maximum allowed number of wall signs per frontage.
§ 375-409(5)(a)(i) – To allow a 76 square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(3)(b) – To allow a sign with flashing/intermittent rotating or moving
lights when signs with flashing/intermittent rotating or moving lights is not
permitted.
Page 2 of 5
Board of Zoning Appeals Agenda
July 2021
§ 375-409(5)(a)(i) – To allow an 8-foot tall monument sign when 5-feet is the
maximum height permitted.
NO ACTION TAKEN ON WORKSHOP ITEM PRIOR TO INITIAL HEARING.
Pending Business Agenda
Project #00424
Application(s) AV# 0079
Property Address 1053 Broadway
Applicant Druthers Brewing Company II, Inc.
Zoning District Mixed-Use, Form-Based, Warehouse (MU-FW)
Proposal Construction of a 13-foot wide, 110 foot long deck in the public right-of-way.
Requests Area Variance – §375-4(B)(1)(c)(vii)(G)(4)– to allow a front deck to extend into the
right-of-way or any easement in a Mixed-Use; Form-Based zoning district.
AV# 0079
ACTION DEFERRED TO A FUTURE MEETING OF THE ZONING BOARD
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 58 linear feet 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
AV# 0077; AV #0078
4-0-0 Motion to deny requests for height and opacity.
MOTION TO DENY
Project #00415
Application(s) AV# 0074;
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.
Page 3 of 5
Board of Zoning Appeals Agenda
July 2021
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.
AV #0074 4-0-0 GRANT VARIANCE FOR A PERIOD OF 20 YEARS AT WHICH TIME APPLICANT
MOTION TO MAY APPROACH COMMON COUNCIL OF CITY OF ALBANY AND REQUEST CHANGE
APPROVE /w OF THE RELEVANT PORTION OF THE USDO.
CONDITIONS
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.
AV #0060
ACTION DEFERRED TO A FUTURE MEETING OF THE ZONING BOARD
DEFERRED
No Actionable Pending Business Agenda Items
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.
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.
Page 4 of 5
Board of Zoning Appeals Agenda
July 2021
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
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
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How to call into the Public Meeting:
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Room occupancy, in consideration with social distancing standards, has been set to 29. Public
participant size is limited to 10 individuals. All individuals are encouraged to attend the meeting via
Zoom or watch via livestream if able to, in order to provide those without the ability to attend remotely
an opportunity to participate in the meetings. You can view the meeting via livestream at:
https://www.youtube.com/channel/UCw2w4CdeaI5sd8lQPUDlcyw
All individuals attending in-person will be required to be masked at all times while in the building; to do
a temperature check and complete contact tracing documentation at the time of signing in to the
meeting.
Due to the expiration of New York State Executive Order 202.109, notice is hereby given that a
City of Albany Board of Zoning Appeals Workshop has been modified. The modification is made
to notice that the following board member, Serena Joyce White-Lake, will be participating
remotely from 30 Beacon Avenue Albany, NY 12203 using video conference. The public has the
right to attend at either location but the recommended location is the Planning Department
Community Meeting room at 200 Henry Johnson Boulevard, Albany NY 12210. The agenda has
been added to include a workshop agenda and a workshop item.
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
July 2021
Board of Zoning Appeals Public Meeting
Date: Wednesday, July 28, 2021
Location: Zoom Webinar; YouTube Livestream; 200 Henry Johnson Boulevard
Time: 6:00PM
Public Workshop Agenda
Project #00431
Application(s) NC #0002
Property Address 275 Lark Street
Applicant Lead Planning Official; Hon. Richard Conti, 6th Ward
Zoning District Mixed-Use, Neighborhood Center (MU-NC)
Proposal Board of Zoning Appeals review of a nuisance complaint.
Requests Board of Zoning Appeals Review – of a July 26th complaint of Nuisance at 275 Lark
Street to determine whether 275 Lark Street is a nuisance property.
Project #00426
Application(s) AV# 0080; AV #0081; AV #0082
Property Address 23 Hackett Boulevard
Applicant Ryan M. Smith
Representing Agent Daniel R. Hershberg
Zoning District Mixed-Use, Community Urban (MU-CU)
Proposal Construction of a 2,166 square foot temporary trailer classroom for Albany Leadership
Charter High School for Girls on the grounds of St. Paul's Episcopal Church.
Requests Area Variances
§375-401(3)(b)(i) – to allow a front setback of 182 feet when the maximum
allowed front setback is 10 feet.
§375-4(E)(4)(d) – to allow a trailer to be stored in side yard when trailers are
only permitted in the rear yard.
§375-4(E)(1)(d)(ii) – to allow a change to the parking configuration that brings
site out of conformance or would increase existing nonconformity.
Project #00427
Application(s) AV# 0077; AV# 0078
Property Address 65 Krank Street
Applicant Ayzo Ridge Design & Consulting LLC
Representing Agent Bridgette Shoemaker
Zoning District Residential, Single-Family, Medium Density (R1-M)
Page 2 of 5
Board of Zoning Appeals Agenda
July 2021
Proposal Rebranding existing signage at 65 Krank Street to include electronic copy.
Requests Area Variances
§ 375-409(5)(a)(i) – To allow two Wall Signs on one frontage where one is the
maximum allowed number of wall signs per frontage.
§ 375-409(5)(a)(i) – To allow a 51 Square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(5)(a)(i) – To allow a 75 square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(5)(a)(i) – To allow a 7-foot tall monument sign when 5-feet is the
maximum height allowed.
§ 375-409(5)(a)(i) – To allow a 43 Square foot Monument sign when 20 square
feet is the maximum allowed.
§ 375-409(3)(b) – To allow a sign with flashing/intermittent rotating or moving
lights when signs with flashing/intermittent rotating or moving lights is not
permitted.
Project #00428
Application(s) AV# 0077; AV# 0078
Property Address 42 South Dove Street
Applicant Ayzo Ridge Design & Consulting LLC
Representing Agent Bridgette Shoemaker
Zoning District Mixed-Use, Neighborhood Edge (MU-NE)
Proposal Rebranding existing signage at 42 South Dove Street to include electronic copy.
Requests Area Variances
§ 375-409(5)(a)(i) – To allow two Wall Signs on one frontage where one is the
maximum allowed number of wall signs per frontage.
§ 375-409(5)(a)(i) – To allow a 76 square foot wall sign when 24 square feet is
the maximum allowed.
§ 375-409(3)(b) – To allow a sign with flashing/intermittent rotating or moving
lights when signs with flashing/intermittent rotating or moving lights is not
permitted.
§ 375-409(5)(a)(i) – To allow an 8-foot tall monument sign when 5-feet is the
maximum height permitted.
Pending Business Agenda
Project #00424
Application(s) AV# 0079
Property Address 1053 Broadway
Applicant Druthers Brewing Company II, Inc.
Zoning District Mixed-Use, Form-Based, Warehouse (MU-FW)
Page 3 of 5
Board of Zoning Appeals Agenda
July 2021
Proposal Construction of a 13-foot wide, 110 foot long deck in the public right-of-way.
Requests Area Variance – §375-4(B)(1)(c)(vii)(G)(4)– to allow a front deck to extend into the
right-of-way or any easement in a Mixed-Use; Form-Based zoning district.
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 58 linear feet 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
Project #00415
Application(s) AV# 0074;
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.
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 4 of 5
Board of Zoning Appeals Agenda
July 2021
No Actionable Pending Business Agenda Items
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.
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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