Planning, Economic Development and Land Use Committee
Regular MeetingAlbany, NY · December 21, 2022
Minutes
COMMON COUNCIL COMMITTEE MEETING
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE
Alfredo Balarin, Chair
Meeting called by: Alfredo Balarin, Chair Date: 12-21-22 Time: 5:30 PM
Committee
Members Present: Balarin, Chair ☒ Hoey ☒ Adams ☒ Clarke ☒ Zamer ☒
Invitees/Speakers:
Brad Glass, Sarah Reginelli, Faye Andrews, Sean Carpenter, Andrew
Corcione, David Galin, Muammar Hermanstyne
Council Members
Present: Anane, Keegan
City Personnel
Present: Ethan Samuel, Danielle Gillespie, Jake Eisland
Minutes
Agenda Item (s):
LOCAL LAW G OF 2022
A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART
13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING
APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE
OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE
HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT
OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY
PLANNING BOARD, AND BOARD OF ZONING APPEALS
ORDINANCE 4.21.22 (As Amended 04/26/22)
AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE
DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN
RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT
IN NEW DEVELOPMENTS
Questions and Discussion
The Chair called the meeting to order.
Planning Director Brad Glass spoke on Local Law G.
Council Member Hoey asked when was the last time someone stepped down from a board or committee, the
amount of members and the importance of their positions, in which Brad Glass responded to.
Council Member Anane asked about people they vote in onto the committees and boards, in which Brad Glass
responded to.
Council Member Hoey asked if they could split up Local Law G of 2022 into multiple laws to make it less
confusing, Council Member Balarin discussed splitting and changing Local Law G of 2022.
Council Member Zamer asked for clarification on what Local Law G of 2022 does.
Council Member Hoey discussed the reason to split up this Local Law.
Council Member Balarin discussed Ordinance 4.21.22 (as Amended 04/26/22)
Council Member Hoey asked if they could change the wording in the legislation, asked what median household
income are they looking at, in which Council Member Balarin, Faye Andrews responded to.
Council Member Clarke discussed there needs to be an option for labor and other options besides money for
organizations and payments, Council Member Balarin discussed Clarkes comments.
Council Member Keegan asked if they can have set aside units removed from the required parking spaces they
have to build, also discussed the tax rates they will need to work on with the affordability on development, in
which Council Member Balarin responded to.
Council Member Anane asked if developers are already meeting the 5% goal in what’s already law and if there
is any way to check if surrounding areas are reaching this, in which Council Member Balarin responded to.
Council Member Clarke asked if Council Member Balarin could talk about the change in median income for
this ordinance, and asked how the city knows that this is maintained, in which Council Member Balarin
responded to.
Council Member Zamer asked if there are explains in difference current and new housing with market prices
with these housing situations, in which Council Member Balarin responded to.
Council Member Adams discussed how long the housing needs to stay affordable for, asked if there can be a
requirement for a project that is receiving city funds that they are locked in to follow certain policy, asked if
Sarah Reginelli’s office and David Galin has any concerns or issues that they can see with this, in which
Council Member Balarin, and Sarah Reginelli and David Galin responded to.
Sarah Reginelli discussed the data capitalize Albany found on inclusionary housing and Ordinance 4.21.22.
Sean Carpenter discussed the affordable housing possibilities in the City of Albany related to Ordinance
4.21.22.
Council Member Adams asked if Sean is considering 25 Delaware project a workforce housing, in which Sean
Carpenter responded to.
Council Member Hoey asked how much impact COVID has had on development, asked why they aren’t seeing
increases of stories of buildings for more units and how this ordinance would affect that, what does the
affordable housing market look like in Albany, has there been a study for the number of units in the City of
Albany that could be affordable housing, in which Sean Carpenter and Sarah Reginelli responded to.
Council Member Clarke asked the units for affordable housing mixed income and where are they coming from,
in which Sarah Reginelli responded to.
Council Member Keegan discussed that there might be a massive impact on the people who don’t qualify for
these subsidies but still need some form of help and how that might affect certain issues, in which Council
Member Balarin responded to those comments.
Council Members Keegan, Balarin, Sean Carpenter, Faye Andrews, and Sarah Reginelli discussed the AMI
Figures.
Council Member Anane asked why this ordinance would be bad to implement, what the vacancy rate is for the
City of Albany, in which David Galin and Sean Carpenter responded to.
Council Member Hoey discussed his opinion on Ordinance 4.21.22
Council Member Balarin asked for the updated AMI numbers, in which Sean Carpenter responded to.
Council Member Balarin discussed the numbers and inclusionary housing in the City of Albany and Ordinance
4.21.22.
Council Member Hoey made a motion to vote out Ordinance 4.21.22 with the recommendations that was
discussed, Zamer voted no, Clarke abstained, it passed (3-1-1).
Public Comment:
There was no public comment
Adjourn:
The Chair asked for a motion to adjourn, which was duly made, seconded, and it passed.
Respectfully Submitted,
Ethan Samuel
Legislative Aide to Common Council
Agenda
COMMON COUNCIL MEETING
PLANNING, ECONOMIC DEVELOPMENT AND LAND USE COMMITTEE
Alfredo Balarin, Chair
DATES: Wednesday, December 21, 2022
TIME: 5:30 p.m.
LOCATION: Council Chambers-2nd Floor. City Hall
TOPIC(S) OF DISCUSSION/CONSIDERATION:
LOCAL LAW G OF 2022
A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART
13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING
APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE
OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE
HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT
OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY
PLANNING BOARD, AND BOARD OF ZONING APPEALS
ORDINANCE 4.21.22 (As Amended 04/26/22)
AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE
DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN
RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT
IN NEW DEVELOPMENTS
Council Member Balarin, on behalf of the Committee on Planning, Economic Development,
and Land Use, introduced the following:
LOCAL LAW G OF 2022
A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION), PART
13 (PLANNING BOARD OF CITY OF ALBANY), AND PART 35 (BOARD OF ZONING
APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE
OF THE CITY OF ALBANY IN RELATION TO REDUCING THE SIZE OF THE
HISTORIC RESOURCES COMMISSION AND AUTHORIZING THE APPOINTMENT
OF ALTERNATE MEMBERS TO THE HISTORIC RESOURCES COMMISSION, CITY
PLANNING BOARD, AND BOARD OF ZONING APPEALS
Be it enacted, by the Common Council of the City of Albany, as follows:
Section 1. Subsection A of section 42-85 (Membership; organization; meeting; vacancies;
powers and duties) of Article XII (General Provisions) of Part 4 (Historic Resources Commission)
of Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code
of the City of Albany is hereby amended to read as follows:
§ 42-85 Membership; organization; meeting; vacancies; powers and duties
A. Membership; organization; meetings; vacancies.
(1) The Historic Resources Commission shall consist of nine seven members and two
alternate members, who shall be appointed by the Mayor of the City of Albany with
the advice and consent of the Common Council. All Commission members shall have
a demonstrated interest, competence or knowledge of historic preservation and
archaeology, at least two one of whom shall be a professional archaeologists. To the
extent that such professionals are available in the community, Commission members
shall be drawn from among the disciplines of history, architectural history, architecture,
historic architecture, planning, archaeology, historic preservation or closely related
fields.
(2) Three of the initial members shall be appointed for one year, two for two years and two
for three years. Subsequently, members who are not alternate members shall be
appointed for terms of three years as terms expire. Members of the Commission may
be reappointed for succeeding terms.
(3) The Mayor shall designate one member as Chairman Chairperson of the Commission
and one member as Vice Chairperson Chairman. The Vice Chairperson Chairman shall
act in the absence of the Chairman Chairperson.
(4) The presence of five four members of the Commission shall constitute a quorum. The
concurring vote of five four members shall be required to carry out an action of the
Commission.
(5) A vacancy occurring in the membership of the Commission for any cause shall be filled
by a person appointed by the Mayor for the unexpired term.
(6) The Commission shall meet as often as is necessary to discharge its duties in a timely
fashion, but at least eight times per year.
(7) The Mayor shall appoint two alternate members to the Commission to serve in place
and stead of members who are unable to attend a meeting due to recusal or absence.
The term of each alternate member shall be two years commencing on January 1 of the
first year of appointment and ending on December 31 of the second year. One of the
initial terms shall be for one year so as to effectuate a staggered sequencing of alternate
member terms. After initial appointments, one alternate member shall be appointed
each year. An alternate member whose term has expired may serve until replaced. In
the event that any alternate member seat becomes vacant as a result of resignation,
change of residency, or removal, a new alternate member shall be appointed to serve
the remainder of the alternate member term. The Chairperson of the Commission may
designate an alternate member to substitute for any member who is unable to participate
due to recusal or absence. Such designation shall be entered into the minutes of the
Commission meeting at which the substitution is made. When so designated, the
alternate member(s) shall possess all the powers and responsibilities of a member of
the Commission. All provisions of law relating to Commission member training and
continuing education, eligibility, vacancy in office, removal, compatibility of office
and service on other boards shall also apply to alternate members. Alternate members
shall serve without compensation.
Section 2. Section 42-177 (Creation; membership) of Article XXIII (General Provisions)
of Part 13 (Planning Board of City of Albany) of Chapter 42 (Departments and Commissions) of
Part I (Administrative Legislation) of the Code of the City of Albany is hereby amended to read
as follows:
§ 42-177 Creation; membership
A City Planning Board of five members and two alternate members is hereby created, the members
to be appointed by the Mayor.
Section 3. Section 42-178 (Members; qualifications; terms of office; compensation;
Mayor) of Article XXIII (General Provisions) of Part 13 (Planning Board of City of Albany) of
Chapter 42 (Departments and Commissions) of Part I (Administrative Legislation) of the Code of
the City of Albany is hereby amended to read as follows:
§ 42-178 Members; qualifications; terms of office; compensation; Mayor
A. Of the members of the Board to be appointed, not more than two shall be officials of the
City of Albany. The terms of the member or members of the Board who hold municipal
office, if any, shall terminate with the term of the Mayor selecting such member or
members. The successors to the nonmunicipal officeholders on the Board shall be
appointed for the term of five years from and after the expiration of the term of their
predecessors in office.
B. The Chairman Chairperson shall be selected by the Mayor.
C. The members of the Board who hold municipal office shall serve without compensation.
D. The municipal official or officials on such Board shall not by reason of membership
thereon forfeit their right to exercise, perform the duties or receive the compensation of the
municipal office held by them during their membership.
E. The Mayor shall have authority to remove any member of the Board for cause after public
hearing.
F. In the event of a vacancy on the Board by reason of the death, resignation or removal of
any member, the Mayor shall have authority to fill such vacancy for the unexpired term of
such member.
G. The Mayor shall appoint two alternate members to the Board to serve in place and stead of
members who are unable to attend a meeting due to recusal or absence. The term of each
alternate member shall be two years commencing on January 1 of the first year of
appointment and ending on December 31 of the second year. One of the initial terms shall
be for one year so as to effectuate a staggered sequencing of alternate member terms. After
initial appointments, one alternate member shall be appointed each year. In the event that
any alternate member seat becomes vacant as a result of resignation, change of residency,
or removal, a new alternate member shall be appointed to serve the remainder of the
alternate member term. The Chairperson of the Planning Board may designate an alternate
member to substitute for any member who is unable to participate due to recusal or absence.
Such designation shall be entered into the minutes of the Board meeting at which the
substitution is made. When so designated, the alternate member(s) shall possess all the
powers and responsibilities of such member of the Board. All provisions of law relating to
Board member training and continuing education, eligibility, vacancy in office, removal,
compatibility of office and service on other boards shall also apply to alternate members.
Alternate members shall serve without compensation.
Section 4. Section 42-359 (Creation) of Article XLVI (General Provisions) of Part 35
(Board of Zoning Appeals) of Chapter 42 (Departments and Commissions) of Part I
(Administrative Legislation) of the Code of the City of Albany is hereby amended to read as
follows:
§ 42-359 Creation
Pursuant to § 81 of the General City Law of the State of New York, there is hereby established a
Board of Zoning Appeals (BZA) consisting of five members and two alternate members appointed
by the Mayor and subject to the advice and consent of the Common Council in accordance with
Section 301 of the City Charter.
Section 5. Section 42-360.1 (Membership, appointment; terms of office) of Article XLVI
(General Provisions) of Part 35 (Board of Zoning Appeals) of Chapter 42 (Departments and
Commissions) of Part I (Administrative Legislation) of the Code of the City of Albany is hereby
amended to read as follows:
§ 42-360.1 Membership, appointment; terms of office
A. The members of the Board serving during the effective date of Chapter 375 shall continue
in office as members of the Board.
B. The Mayor shall appoint subsequent Board members to five-year terms. Terms shall begin
January 1 and expire at 12:00 midnight on December 31. A member shall continue to serve
until a successor is appointed.
C. An appointment to fill a vacancy occurring prior to the expiration of a term shall be for the
remainder of the unexpired term. Board members may be compensated at a rate determined
by the Board of Estimate and Apportionment. Notwithstanding the foregoing, alternate
members shall serve without compensation.
D. The Mayor shall appoint two alternate members to the Board to serve in place and stead of
members who are unable to attend a meeting due to recusal or absence. The term of each
alternate member shall be two years, commencing on January 1 of the first year of
appointment and ending on December 31 of the second year. One of the initial terms shall
be for one year so as to effectuate a staggered sequencing of alternate member terms. After
initial appointments, one alternate member shall be appointed each year. In the event that
any alternate member seat becomes vacant as a result of resignation, change of residency,
or removal, a new alternate member shall be appointed to serve the remainder of the
alternate member term. The Chair of the Board of Zoning Appeals may designate an
alternate member to substitute for any member who is unable to participate due to recusal
or absence. Such designation shall be entered into the minutes of the Board meeting at
which the substitution is made. When so designated, the alternate member(s) shall possess
all the powers and responsibilities of such member of the Board. All provisions of law
relating to Board member training and continuing education, eligibility, vacancy in office,
removal, compatibility of office and service on other boards shall also apply to alternate
members. Alternate members shall serve without compensation.
Section 6. This Local Law shall take effect upon passage, public hearing, and filing with
the Secretary of the State of New York, in accordance with New York State Municipal Home Rule
Law § 27.
Council Member Balarin introduced the following:
ORDINANCE 4.21.22 (As Amended 04/26/22)
AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE
DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN
RELATION TO INCREASING THE AFFORDABLE HOUSING REQUIREMENT IN
NEW DEVELOPMENTS
The City of Albany, in Common Council convened, does hereby ordain and enact:
Section 1. Paragraph c (Affordable Housing Requirement) of Sub-Section 5 (Incentives
and affordable housing requirements) of Section 375-401 (Dimensional Standards) of Article IV
(Development Standards) of Chapter 375 is amended to read as follows:
(c) Affordable housing requirement. Each new residential or mixed-use
development or redevelopment containing 50 20 or more new dwelling
units shall sell or rent at least 5 18% of its new dwelling units at sales or
prices affordable to persons earning no more than 100 50% of the regional
median household income, as determined by affordability methods used by
the United States Department of Housing and Urban Development.
Section 2. This ordinance shall take effect immediately.
Get email alerts for Albany
A daily email when new agendas and minutes are posted.