Planning Board
Regular MeetingAlbany, NY · November 29, 2022
Minutes
CITY OF ALBANY
MAYOR: KATHY M. SHEEHAN
NE W YOR K DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Brad Glass
Planning Board planningboard@albanyny.gov
Planning Board Public Workshop, Meeting and Hearing
Date: Tuesday, November 29, 2022
Location: 200 Henry Johnson Boulevard, Second Floor Community Room
Time: 6:00 PM
Members Present: In-person: DeSalvo, Gailliard, Hull, and Ellis; Remote: Kuchera
Workshop Agenda
The Board will be discussing the items. Planning Staff and Applicants will provide any additional
information requested by the Board. Public comment will not be taken for Workshop Items.
PROJECT #00491
Application DR #0131
Property Address 32 North Street
Applicant GMS Realty, LLP
Representing Agent Daniel R. Hershberg
Zoning District I-1 (Light Industrial) ; MU-NC (Mixed-Use, Neighborhood Center)
Proposal Demolition of the +/- a 1,790 square feet building to construct a parking lot including
7 spaces.
Request(s) Under SEQRA: Determination of Significance
Consideration Demolition Review - §375-505(7)
Action Taken None
PROJECT #00493
Application CUP #0061
Property Address 10 Dewitt Street
Applicant Whitney M. Young, JR., Health Center, Inc.
Representing Agent Environmental Design Partnership, LLP
Zoning District MU-FW (Mixed-Use, Form Based Warehouse District)
Proposal Construction of the +/- a 3,890 square feet addition to the existing building, to
expand the current use of Control Substance Dispensary.
Request(s) Under SEQRA: Lead Agency Declaration
Consideration Conditional Use Permit Review - §375-505(6)
Action Taken None
________________________________________________________________________________________________________
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Planning Board Agenda
November 2022
Meeting Agenda
The Applicant will present the proposal to the Board. Public Comment will be taken, as outlined
within the above mentioned guidelines.
PROJECT #00423
Application DPR #0138
Property Address 69-85 Sherman Street
Applicant Legal Aid Society of Northeast NY
Representing Agent Lansing Engineering, PC
Zoning District MU-CU (Mixed-Use, Community Urban)
Proposal Construction of a +/- 19,447 square feet parcel to include a Parking Lot,
Surface, comprising of 44 parking spaces. Demolition of a +/- 2,355 square
foot building is proposed in accommodation of the proposal.
Actions Taken Waiver - 375-405(5)(b)(iii) - Parking Location – Approve
Vote: 5-0-0 (Hull Motioned, Ellis Seconded)
Waiver - §375-403(5)(b) - Street Amenities – Approve
Vote: 5-0-0 (Gilliard Motioned, Ellis Seconded)
DPR #0138 (Development Plan Review - §375-505(3)(i)) – Approve with
Conditions
Vote: 5-0-0 (Hull Motioned, Gilliard Seconded)
CONDITIONS:
1. Prior to the issuance of a Building Permit, plan sheet MPT-1
(Maintenance & Protection of Traffic) shall be revised as deemed
necessary by the Traffic Engineering Unit.
2. Prior to the issuance of a Building Permit, the following note shall be
added to the site plan: “Where snowfall does not exceed two inches
of accumulation within a 24-hour period, snow may be stored on site
at the designated area of the parking lot, including five parking
spaces. Where snowfall does exceeds two inches accumulation within
a 24-hour period, snow shall be removed from the site for storage
elsewhere.”
PROJECT #00487
Application DR #0129; DPR #0157
Property Address 67 Livingston Avenue
Applicant Clinton Square Studios LLC
Representing Agent Daniel R. Hershberg
Zoning District MU-CU (Mixed-Use, Community Urban)
Proposal Construction of a +/- a 10,445 square feet, 6 story building, including 67 residential
units, and +/- 2,105 square feet of retail use.
Actions Taken DR #0129 (Demolition Review - §375-505(7)) – Approve
Vote: 4-0-1 (Gailliard Motioned, Ellis Seconded, DeSalvo recused)
DPR #0157 (Development Plan Review - §375-505(3)(i)) – Approve with
Conditions
Page 2 of 4
Planning Board Agenda
November 2022
Vote: 4-0-1 (Gailliard Motioned, Ellis Seconded, DeSalvo recused)
CONDITIONS:
1. Any encroachments into the public right-of-way shall require approval by
the City and an agreement with the City that the property owner(s) shall
accept any and all liability for accidents or damage occurring in the public
right-of-way due to the encroachment or related activity.
2. Pursuant to §375-401(5)(b), the project may increase the height of the
building by one story provided that at least 20% of all new dwelling units
are rent or deed restricted so that they are affordable to households earning
no more than 80% of the area median household income for the City of
Albany.
3. Prior to the issuance of a Building Permit, the site and/or floor plans shall be
revised to provide bicycle parking as required by §375-405(4)(a).
4. Prior to the issuance of a Building Permit, site plans shall be revised so that
ground-mounted mechanical equipment is screened from adjacent
properties and all public rights-of-way as required by § 375-406(8)(c).
5. Prior to the issuance of a Building Permit, plan shall be revised to
incorporate Flexible Porous Paving (NYSDOT Standard Specification
420.98000004) in place of tree wells shown.
6. Prior to the issuance of a Building Permit, Remove all notations from the
plans regarding, ”For Municipal Approval Only - Not Intended For
Construction.”
7. Prior to the issuance of a Building Permit, revise plans to show replacement
of sidewalk panels, driveway apron and curbing along Livingston Avenue
from Broadway to the easterly property line of 75 Livingston Avenue.
8. Prior to the issuance of a Building Permit, a Transportation Demand
Management Plan shall be approved by the Chief Planning Official pursuant
to § 375-405(2)(f)(v).
________________________________________________________________________________________________________
Hearing Agenda
The Applicant will present the proposal to the Board. Public Comment will be taken, as outlined
within the above mentioned guidelines.
PROJECT #00475
Application ZMA #0011
Property Address 60 Fourth Avenue
Applicant Zack Mian
Zoning District MU-FS (Mixed-Use, Form-Based South End)
Proposal Amendment to the Zoning Map changing the zoning classification of the subject
property from MU-FS (Mixed-Use, Form-Based South End) to L-1 (Light Industrial).
Actions Taken Amendments to Zoning Map - §375-505(20) – Defer
Vote: 5-0-0 (Ellis Motioned, Gailliard Seconded)
Public Comment Benita Law-Diao; Wille J. White
________________________________________________________________________________________________________
Page 3 of 4
Planning Board Agenda
November 2022
Other Business
PROJECT #00357
Application DPR #0095
Property Address 60 Colvin Avenue
Applicant 40-50 Colvin Avenue, LLC
Representing Agent Daniel R. Hershberg
Zoning District MU-NC (Mixed-Use, Neighborhood Center)
Proposal Construction of a three-story, +/- 57,093 square foot mixed-use structure with 49
dwelling units and +/- 4,809 square feet of retail space, and a two-story, +/- 17,016
square foot multifamily dwelling with 14 units.
Actions Taken Extension of Development Plan Review Approval for a period of two years –
Approve
Vote: 5-0-0 (Ellis Motioned, Gailliard Seconded)
Page 4 of 4
Agenda
CITY OF ALBANY
MAYOR: KATHY M. SHEEHAN
NE W YOR K DIRECTOR: BRAD GLASS
DEPARTMENT OF PLANNING AND DEVELOPMENT CONTACT: Brad Glass
Planning Board planningboard@albanyny.gov
Planning Board Public Workshop, Meeting and Hearing
Date: Tuesday, November 29, 2022
Location: 200 Henry Johnson Boulevard, Second Floor Community Room
Time: 6:00 PM
Information on How to Attend the November 29th Workshop, Meeting and Hearing
In Person: 200 Henry Johnson Boulevard, 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 for the November 29th Meeting and Hearing
Written comments can be emailed to planningboard@albanyny.gov at least 48 hours in
advance for the comments to be reviewed and discussed at the November 29th Meeting and
Hearing.
Information on How to Provide Public Comments at the November 29th Meeting and Hearing
Requests to provide public comment at the November 29th Meeting and Hearing must be
submitted to planningboard@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 Planning Board.
200 HENRY JOHNSON BOULEVARD | ALBANY, NEW YORK 12210 | (518) 465-6066
Planning Board Agenda
November 2022
Workshop Agenda
The Board will be discussing the items. Planning Staff and Applicants will provide any additional
information requested by the Board. Public comment will not be taken for Workshop Items.
PROJECT #00491
Application DR #0131
Property Address 32 North Street
Applicant GMS Realty, LLP
Representing Agent Daniel R. Hershberg
Zoning District I-1 (Light Industrial) ; MU-NC (Mixed-Use, Neighborhood Center)
Proposal Demolition of the +/- a 1,790 square feet building to construct a parking lot including
7 spaces.
Request(s) Under SEQRA: Determination of Significance
Consideration Demolition Review - §375-505(7)
PROJECT #00493
Application CUP #0061
Property Address 10 Dewitt Street
Applicant Whitney M. Young, JR., Health Center, Inc.
Representing Agent Environmental Design Partnership, LLP
Zoning District MU-FW (Mixed-Use, Form Based Warehouse District)
Proposal Construction of the +/- a 3,890 square feet addition to the existing building, to
expand the current use of Control Substance Dispensary.
Request(s) Under SEQRA: Lead Agency Declaration
Consideration Conditional Use Permit Review - §375-505(6)
________________________________________________________________________________________________________
Meeting Agenda
The Applicant will present the proposal to the Board. Public Comment will be taken, as outlined
within the above mentioned guidelines.
PROJECT #00423
Application DPR #0138
Property Address 69-85 Sherman Street
Applicant Legal Aid Society of Northeast NY
Representing Agent Lansing Engineering, PC
Zoning District MU-CU (Mixed-Use, Community Urban)
Proposal Construction of a +/- 19,447 square feet parcel to include a Parking Lot,
Surface, comprising of 44 parking spaces. Demolition of a +/- 2,355 square
foot building is proposed in accommodation of the proposal.
Request(s) Under Waiver - §375-405(5)(b)(iii) - Parking Location
Consideration Waiver - §375-403(5)(b) - Street Amenities
Development Plan Review - §375-505(3)(i)
Page 2 of 3
Planning Board Agenda
November 2022
PROJECT #00487
Application DR #0129; DPR #0157
Property Address 67 Livingston Avenue
Applicant Clinton Square Studios LLC
Representing Agent Daniel R. Hershberg
Zoning District MU-CU (Mixed-Use, Community Urban)
Proposal Construction of a +/- a 10,445 square feet, 6 story building, including 67 residential
units, and +/- 2,105 square feet of retail use.
Request(s) Under Demolition Review - §375- 505(7)
Consideration Development Plan Review - §375-505(3)(i)
________________________________________________________________________________________________________
Hearing Agenda
The Applicant will present the proposal to the Board. Public Comment will be taken, as outlined
within the above mentioned guidelines.
PROJECT #00475
Application ZMA #0011
Property Address 60 Fourth Avenue
Applicant Zack Mian
Zoning District MU-FS (Mixed-Use, Form-Based South End)
Proposal Amendment to the Zoning Map changing the zoning classification of the subject
property from MU-FS (Mixed-Use, Form-Based South End) to L-1 (Light Industrial).
Request(s) Under
Amendments to Zoning Map - §375-505(20)
Consideration
________________________________________________________________________________________________________
Other Business
PROJECT #00357
Application DPR #0095
Property Address 60 Colvin Avenue
Applicant 40-50 Colvin Avenue, LLC
Representing Agent Daniel R. Hershberg
Zoning District MU-NC (Mixed-Use, Neighborhood Center)
Proposal Construction of a three-story, +/- 57,093 square foot mixed-use structure with 49
dwelling units and +/- 4,809 square feet of retail space, and a two-story, +/- 17,016
square foot multifamily dwelling with 14 units.
Request(s) Under
Extension of Development Plan Review Approval
Consideration
Page 3 of 3
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