Board of Zoning Appeals
Regular MeetingAlbany, NY · January 25, 2023
Minutes
CITY OF ALBANY
NEW YORK
MAYOR: KATHY SHEEHAN
DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT:
Avi Epstein
Board of Zoning Appeals bza@albanyny.gov
Board of Zoning Appeals Public Meeting
Date: Wednesday January 25, 2023
Location: 200 Henry Johnson Blvd, Second Floor Community Room; YouTube Livestream
Time: 6:00PM
Information on How to Attend the January 25th Meeting
In-Person: The meeting will be held at 200 Henry Johnson Blvd, in the Second Floor
Community Room.
YouTube Live Stream: You can use the following link to view on YouTube:
https://www.youtube.com/channel/UCw2w4CdeaI5sd8lQPUDlcyw/videos
Application documents are available on the web at:
https://www.albanyny.gov/2085/Development-Project-Case-Files-Page
Information on How to Submit Written Comments
Written comments can be emailed to bza@albanyny.gov.
Information on How to Provide Public Comments at the January 25th Meeting
Requests to provide public comment at the January 25th Meeting must be submitted to
BZA@albanyny.gov at least 24 hours in advance to guarantee the opportunity to speak.
Requests to provide public comments must include:
The Speaker’s Name
The Project/s the Speaker Requests to Provide Public Comments On, and
The Municipality where the Speaker Lives, to comply with §34-1b of the Albany City
Code.
Requests received less than 24 hours in advance may be accommodated by the Board of
Zoning Appeals.
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
January 2023
Public Hearing Agenda
Project #00480
Application(s) AV# 0127
Property Address 38-42 Corporate Circle
Applicant Hershberg & Hershberg
Zoning District Light Industrial (I-1), Pine Bush Overlay (PB-O)
Develop a 75,000 square foot warehouse with seven loading docks and parking for 75
Proposal
cars.
Area Variance #0127 - § 375-206(5)(c)(iii) – To allow for a 24 foot setback adjacent
Requests
to undeveloped or protected property where the minimum is 150 ft.
Actions Taken SEQRA- Type II
Area Variance #0127- Approve
Vote: 3-0-0 (Barnum Motioned, Le Blan-Jeffrey Seconded)
Project #00498
Application(s) AV# 0128
Property Address 722 Western Avenue
Applicant David Sowinski & Michelle Mahon
Zoning District Residential, Single-Family, Medium Density (R-1M)
Proposal To construct a 6 foot tall fence for residential use.
Area Variance #0128 - § 375-406(7)(c)(iv)– To allow for a 6 foot fence on a corner lot
Requests
within a 10 foot setback of abutting driveway, where the maximum height allowed is 3
feet.
Actions Taken
Area Variance #0128- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Page 2 of 4
Board of Zoning Appeals Agenda
January 2023
Project #00499
Application(s) AV# 0129, 0130, 0131, 0132, 0133 & 0134
Property Address 788 Central Avenue (AKA 760 Central Avenue)
Applicant Hershberg & Hershberg
Zoning District Mixed-Use, Community Highway (MU-CH)
Replacement of existing signage with new signs and lettering for Destination Kia
Proposal
according to corporate branding.
Area Variance #0129 - Table 375.409.1 – To allow for 3 wall signs where the
Requests
maximum permitted is 1.
Area Variance #0130 - Table 375.409.1 – To allow for a 52.13 SF wall sign where the
maximum permitted is 32 SF.
Area Variance #0131 - Table 375.409.1 – To allow for an 80.78 SF wall sign where
the maximum permitted is 32 SF.
Area Variance #0132 - Table 375.409.1 – To allow for 2 freestanding signs where
the maximum number permitted is 1 per street frontage.
Area Variance #0133 - Table 375.409.1 – To allow for a 30 ft tall freestanding sign
where the maximum height allowed is 8 ft.
Area Variance #0134 - Table 375.409.1 – To allow for a 300 SF freestanding sign
where the maximum permitted is 64 SF.
Area Variance #0129- Table
Actions Taken
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Area Variance #0130- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Area Variance #0131- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Area Variance #0132- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Area Variance #0133- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Area Variance #0134- Table
Vote: 3-0-0 (Daley Motioned, Barnum Seconded)
Page 3 of 4
Board of Zoning Appeals Agenda
January 2023
Project #00500
Application(s) AV# 0135
Property Address 442 Madison Avenue
Applicant Pro Signs
Mixed-Use, Neighborhood Center (MU-NC)
Zoning District
Historic Resources Overlay (HR-O)
Alteration to existing legal nonconforming pole sign with new sign cabinet and LED
Proposal
pricer.
Requests Area Variance #0135 – 375-506(50(b) – To allow for the alteration of a legally non-
conforming sign.
Actions Taken
Area Variance #0135- Table
Vote: 3-0-0 (Barnum Motioned, Le Blan-Jeffrey Seconded)
Page 4 of 4
Agenda
CITY OF ALBANY
NEW YORK
MAYOR: KATHY SHEEHAN
DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT:
Avi Epstein
Board of Zoning Appeals bza@albanyny.gov
Board of Zoning Appeals Public Meeting
Date: Wednesday January 25, 2023
Location: 200 Henry Johnson Blvd, Second Floor Community Room; YouTube Livestream
Time: 6:00PM
Information on How to Attend the January 25th Meeting
In-Person: The meeting will be held at 200 Henry Johnson Blvd, in the Second Floor
Community Room.
YouTube Live Stream: You can use the following link to view on YouTube:
https://www.youtube.com/channel/UCw2w4CdeaI5sd8lQPUDlcyw/videos
Application documents are available on the web at:
https://www.albanyny.gov/2085/Development-Project-Case-Files-Page
Information on How to Submit Written Comments
Written comments can be emailed to bza@albanyny.gov.
Information on How to Provide Public Comments at the January 25th Meeting
Requests to provide public comment at the January 25th Meeting must be submitted to
BZA@albanyny.gov at least 24 hours in advance to guarantee the opportunity to speak.
Requests to provide public comments must include:
The Speaker’s Name
The Project/s the Speaker Requests to Provide Public Comments On, and
The Municipality where the Speaker Lives, to comply with §34-1b of the Albany City
Code.
Requests received less than 24 hours in advance may be accommodated by the Board of
Zoning Appeals.
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Board of Zoning Appeals Agenda
January 2023
Public Hearing Agenda
Project #00480
Application(s) AV# 0127
Property Address 38-42 Corporate Circle
Applicant Hershberg & Hershberg
Zoning District Light Industrial (I-1), Pine Bush Overlay (PB-O)
Develop a 75,000 square foot warehouse with seven loading docks and parking for 75
Proposal
cars.
Area Variance #0127 - § 375-206(5)(c)(iii) – To allow for a 24 foot setback adjacent
Requests
to undeveloped or protected property where the minimum is 150 ft.
Project #00498
Application(s) AV# 0128
Property Address 722 Western Avenue
Applicant David Sowinski & Michelle Mahon
Zoning District Residential, Single-Family, Medium Density (R-1M)
Proposal To construct a 6 foot tall fence for residential use.
Area Variance #0128 - § 375-406(7)(c)(iv)– To allow for a 6 foot fence on a corner lot
Requests
within a 10 foot setback of abutting driveway, where the maximum height allowed is 3
feet.
Page 2 of 3
Board of Zoning Appeals Agenda
January 2023
Project #00499
Application(s) AV# 0129, 0130, 0131, 0132, 0133 & 0134
Property Address 788 Central Avenue (AKA 760 Central Avenue)
Applicant Hershberg & Hershberg
Zoning District Mixed-Use, Community Highway (MU-CH)
Replacement of existing signage with new signs and lettering for Destination Kia
Proposal
according to corporate branding.
Area Variance #0129 - Table 375.409.1 – To allow for 3 wall signs where the
Requests
maximum permitted is 1.
Area Variance #0130 - Table 375.409.1 – To allow for a 52.13 SF wall sign where the
maximum permitted is 32 SF.
Area Variance #0131 - Table 375.409.1 – To allow for an 80.78 SF wall sign where
the maximum permitted is 32 SF.
Area Variance #0132 - Table 375.409.1 – To allow for 2 freestanding signs where
the maximum number permitted is 1 per street frontage.
Area Variance #0133 - Table 375.409.1 – To allow for a 30 ft tall freestanding sign
where the maximum height allowed is 8 ft.
Area Variance #0134 - Table 375.409.1 – To allow for a 300 SF freestanding sign
where the maximum permitted is 64 SF.
Project #00500
Application(s) AV# 0135
Property Address 442 Madison Avenue
Applicant Pro Signs
Mixed-Use, Neighborhood Center (MU-NC)
Zoning District
Historic Resources Overlay (HR-O)
Alteration to existing legal nonconforming pole sign with new sign cabinet and LED
Proposal
pricer.
Area Variance #0135 – 375-506(50(b) – To allow for the alteration of a legally non-
Requests
conforming sign.
Page 3 of 3
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