Zoning Board of Appeals

City of Schenectady Board of Zoning Appeals Meeting Minutes September 6, 2017 I. CALL TO ORDER Chairman Gleason called the meeting to order at 6:30 p.m. Prior to taking the first item on the agenda, Mr. Gleason explained to the members of the public present how the consideration of the applications would proceed. He stated that the applicants would have an opportunity to make their presentation to the Board, followed by any members of the public who would like to speak in favor of the application. Next any members of the public in opposition to the application would be invited to speak, followed by any further discussion or questions the Board Members wished to put forth prior to the vote. II. ATTENDANCE PRESENT: James Gleason, Chair; David V. Connelly, Jr.; Mary D’Alessandro- Gilmore; Brendan Keller, Helene Lester; Avi Epstein, Zoning Officer; Krystina Smith, Assistant Corporation Counsel; Jennifer Mills, Secretary EXCUSED: Fred Clark III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES None. V. NEW BUSINESS A. ANDREW P. ASKEW requests an Area Variances for 1916 Broadway to allow for 21 cars to be placed on the lot which exceeds the number allowed pursuant to Chapter 264-44 Schedule F. Ella Mae Ebert presented the application on behalf of Mr. Askew. The proposal was initially presented at the August 2017 meeting, but had been tabled due to questions surrounding the number of cars allowed on the lot under the City Code and the previous site plan approval. Zoning Officer Avi Epstein stated that the property remains in violation of the previous site plan approval, which called for a landscaped buffer and a three- foot setback from the sidewalk to be installed. He explained that once these site plan conditions are met he does not feel that there will be room on the lot for any additional cars. Ms. Ebert stated that the cars have been moved back away from the sidewalk. Mr. Gleason asked Mr. Epstein how many cars he believes will fit on the lot once the landscaping is properly installed. Mr. Epstein replied that the previous site plan approval was for 12 display cars, with parking for two customer vehicles and two employee vehicles. The board members discussed the previous business’s site plan approval. Ms. Smith stated that she is unaware if this business had the required change in tenancy review by the Planning Commission or if they had been granted a waiver. PUBLIC COMMENTS IN FAVOR None. PUBLIC COMMENTS IN OPPOSITION Norman Koopman, owner of Paul’s Barber Shop on Euclid Avenue, spoke in opposition to the proposal, citing public safety concerns. A letter in opposition from Mr. Mark Lewis, owner of All World Repairs located directly next door to the business, was entered into the record. Mr. Lewis stated that he regularly has cars turn around or park on his lot because Mr. Askew’s lot appears full, and he believes that this problem will be exacerbated by allowing more cars to be stored on the lot. Seeing no members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Mr. Keller stated that his inclination is to deny any further consideration of a variance until the property is brought into compliance with the previous site plan approval. The other board members agreed. AREA VARIANCE DENIAL Motion by Mr. Keller, seconded by Mr. Connelly, to deny the Area Variance based on the following findings of fact: 1. Undesirable change will be produced in the neighborhood. 2. The benefit sought by the applicant can be achieved by another method. 3. The variance is substantial. 4. There will be an adverse effect on physical or environmental conditions in the neighborhood. 5. The alleged hardship is self-created. Motion carried unanimously. 2 B. GUNVANT PATEL requests an Area Variance for 2302 Broadway to allow for a freestanding sign set back 2 feet from the intersecting curb- lines where 20 feet is required pursuant to Chapter 264 Section 34A. Terry Meisner of Saxton Sign Corp. presented the application. He explained that the new sign will have the same footprint as the existing sign, but that it will be lower. Zoning Officer Epstein explained that everything meets code on the sign, or has been granted a previous variance, except the setback. PUBLIC COMMENTS IN FAVOR None. PUBLIC COMMENTS IN OPPOSITION None. Seeing no members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Mr. Keller stated that he assumes that the concern with the setback is due to the sign potentially interfering with the site lines of drivers. Mr. Epstein stated that it is, but that in this case the sign sits high enough that it does not cause any such obstruction. AREA VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Ms. D’Alessandro, to approve the Area Variance based on the following findings of fact: 1. No undesirable change will be produced in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by another method. 3. The variance is not substantial. 4. There will be no adverse effect on physical or environmental conditions in the neighborhood. Motion carried unanimously. C. CITY MISSION OF SCHENECTADY requests an Area Variance for 297 Lafayette Street to allow for the construction of 8 dwelling units where 5 is permitted and 9 parking spots where 12 is required pursuant to Chapter 264-44B and Schedule C Lot Development Standards. Mike Saccocio, Executive Director of the City Mission, and Luigi Palleschi or ABD Engineers and Surveyors presented the application. 3  Mr. Saccocio briefly reviewed the project and Mr. Palleschi reviewed the site plan. Mr. Saccocio explained that there is ample parking on other areas of the Mission’s campus and that most of their clients do not have cars. PUBLIC COMMENTS IN FAVOR Scott Cietek of Metroplex Development Authority spoke in favor of the proposal, noting the positive contribution that the City Mission makes to the City and the surrounding neighborhood. PUBLIC COMMENTS IN OPPOSITION None. Seeing no further members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Mr. Keller stated that he has some concerns about the parking issue because the street parking in the area is usually quite full, but that he has not directly observed the parking situation on the Mission campus so he will accept Mr. Saccocio’s testimony that there is no shortage of available parking on the property. SEQR RESOLUTION Motion by Mr. Connelly, seconded by Ms. D’Alessandro, to accept the Negative Declaration. Motion carried unanimously. AREA VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Ms. D’Alessandro, to approve the Area Variance based on the following findings of fact: 1. No undesirable change will be produced in the neighborhood. 2. The benefit sought by the applicant cannot be achieved by any other method. 3. The variance is not substantial. 4. There will be no adverse effect on physical or environmental conditions in the neighborhood. Motion carried unanimously. D. BONNIE NOVELLA requests a Use Variance for 764 ½ Eastern Avenue to allow for a retail business to be located in the R-2 Two-Family Residential District which is not allowed pursuant to Chapter 264 Schedule A. 4 Bonnie Novella presented the application. She explained that she is the head of a real estate fund that has purchased multiple properties in the Eastern Avenue area and is working to rehabilitate them. She stated that evidence suggests that the first floor of this building was previously a commercial business, as it has fifteen-foot tin ceilings and a storefront façade. Counselor Smith stated that there is no evidence in City records that this building was previously a commercial establishment. Ms. Novella stated that if the variance is granted she has secured a tenant to open an Italian deli and café on the site. She briefly reviewed the designs for the potential tenant. PUBLIC COMMENTS IN FAVOR Scott Cietek of Metroplex Development Authority spoke in favor of the proposal, stating that there are many positive changes happening in the neighborhood and this proposal will support those changes. Bernard McEvoy of the Eastern Avenue Neighborhood Association spoke in favor of the proposal, stating that it will be a very positive addition to the neighborhood. Richard Russo, Chair of the Land Bank, spoke in favor of the proposal. David Hogenkamp of Metroplex Development Authority and the Land Bank spoke in favor of the proposal. John Howard of the Seat Center of Schenectady spoke in favor of the proposal. PUBLIC COMMENTS IN OPPOSITION None. Seeing no further members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Counselor Smith noted that it had recently come to her attention that if the Use Variance is granted an additional Area variance for the square footage of the building will be required. She apologized for the oversight by City Staff and explained that the applicant will have to return to the Board for approval of that variance at another meeting. USE VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Mr. Keller, to approve the Use Variance based on the following findings of fact: 1. The applicant cannot realize a reasonable return with the allowed uses. 2. The alleged hardship relating to the property is unique, and does not apply to a substantial portion of the district or neighborhood. 3. The requested use variance will not alter the essential character of the neighborhood. 5  4. The alleged hardship has not been self-created. Motion carried unanimously. E. DAVID FUSCO requests an Area Variance for 1419 Erie Boulevard to allow for 53 parking spaces for 52 apartments where 78 are required pursuant to Chapter 264-44B. Luigi Palleschi of ABBD Engineers and Surveyors presented the application. He explained that the project was approved by the Planning Commission with 53 parking spaces installed and the additional spaces banked. He stated that installing the additional spaces would significantly cut down on the green space on the site, and require a modified storm water plan. PUBLIC COMMENTS IN FAVOR None. PUBLIC COMMENTS IN OPPOSITION Mary Ann Roscetti of the Front Street Neighborhood Association spoke in opposition to the proposal. She stated concerns regarding parking congestion in the surrounding area. Carmela Ruscitto of the Front Street Neighborhood Association spoke in opposition to the proposal, stating concerns with increased traffic and parking congestion in the neighborhood. Seeing no further members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Mr. Keller stated that he does not believe that apartment tenants will have only one car per apartment. Ms. Lester agreed. Mr. Gleason stated that it is unfortunate that the applicants were put in this position by the Planning Commission. AREA VARIANCE DENIAL Motion by Mr. Keller, seconded by Mr. Lester, to deny the Area Variance based on the following findings of fact: 1. Undesirable change will be produced in the neighborhood. 2. The benefit sought by the applicant can be achieved by any other method. 3. The variance is substantial. 4. There will be an adverse effect on physical or environmental conditions in the neighborhood. 5. The alleged hardship is self-created. 6  Motion carried unanimously. VI. MOTION TO ADJOURN Motion by Mr. Connelly, seconded by Mr. Keller, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 8:16 p.m. 7