Zoning Board of Appeals

City of Schenectady Board of Zoning Appeals Meeting Minutes December 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. He added that after presenting the proposal the applicant would not be given another opportunity to comment unless directly questioned by a Board Member. II. ATTENDANCE PRESENT: James Gleason, Chair; Fred Clark; David V. Connelly, Jr.; Mary D’Alessandro-Gilmore; Helene Lester; Avi Epstein, Zoning Officer; Krystina Smith, Assistant Corporation Counsel; Jennifer Mills, Secretary EXCUSED: Brendan Keller III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES None. V. NEW BUSINESS A. PAUL FALLATI requests an Area Variance for 433 State Street, located in the C-4 Downtown Mixed Use District, to allow for a third sign, which exceeds the total number allowed pursuant to Section 264-61 Schedule I. Tom Wheeler of AJ Sign Company presented the application. Mr. Wheeler explained that Ellis Medicine will be using a large portion of the Center City building and will have a sign on the State Street side. He stated that they are requesting a variance to install an additional sign on the rear of the building, by the parking lot entrance, so that people using the parking lot will be able to identify that they are entering the correct building. He noted that the sign will be unlit, as are the other signs on the rear of the building.  Mr. Clark asked Mr. Wheeler what the hours of operation of the business will be. Mr. Wheeler stated that he is not certain, but he assumes it will be regular business hours, as these offices will deal with billing and administrative issues, and will be open to the public. PUBLIC COMMENTS IN FAVOR Scott Cietek of Metroplex Development spoke in favor of the application. He stated that Ellis Medicine has been a very positive organization within the city, and that this location is a very good one for them, but that it could be improved with the identifying signage on the parking lot side, from where many customers enter. 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. Connelly stated that he has no objection to the sign, as the Board has granted variances of this kind in the past and he agrees that it is needed for identification purposes. The other Board Members concurred. AREA VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Ms. D’Alessandro-Gilmore, 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. 5. The alleged hardship is not self-created. And with the following condition: 1. The sign by the rear entrance of the building will not be lit. Motion carried unanimously. B. PAUL FALLATI requests an Area Variance for 301 Nott Street, located in the C-3 Waterfront Mixed Use District, to allow for a third sign, which exceeds the total number allowed pursuant to Section 264-61 Schedule I. Tom Wheeler of AJ Sign Company presented the application. 2  Mr. Wheeler explained that the bank, which shares the building with Dunkin’ Donuts, has had signs approved for the Erie Boulevard side of the building and over the canopy. He stated that this additional sign would be attached to the side of the building that faces STS Steel and would identify the entrance to the bank, which technically is at the rear of the building. 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. Connelly stated that he believes that this location presents unique circumstances and that the additional signage is warranted for identification purposes. Mr. Gleason asked the other Board Members if they had any opposition to the sign. They indicated that they did not. AREA VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Ms. D’Alessandro-Gilmore, 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. 5. The alleged hardship is not self-created. Motion carried unanimously. C. SALVATORE RASIZZI requests an Area Variance for 105 Clinton Street, located in the C-4 Downtown Mixed Use District, to allow for a 6- unit apartment building to provide zero parking spaces where 9 are required pursuant to Section 264-44 Schedule F. Salvatore Rasizzi presented the application. Mr. Rasizzi explained that he has recently purchased the former Labor Union building and plans to convert it to six one-bedroom apartments with first-floor retail space. He stated that the building does not have any on-site parking, but he believes that there are other opportunities for tenants to either secure rented parking, or to rely on street parking in the neighborhood. 3 Mr. Connelly asked if the surrounding street parking is metered. Mr. Rasizzi replied that it is metered during the day, when tenants would most likely be at work, but is free after 6 p.m. Mr. Gleason asked if there are also municipal lots in the area. Counselor Smith stated that LAZ Parking operates the nearby parking lots for Metroplex, and they are not owned or operated by the City. Mr. Connelly asked if Mr. Rasizzi had inquired about renting monthly spaces in those lots. Mr. Rasizzi stated that he had, and that a parking spot could be rented for $40 a month. Mr. Gleason asked Mr. Rasizzi if he has a type of retail tenant in mind for the first floor. Mr. Rasizzi stated that a barbeque restaurant had approached him, but that he has reached out to Ben & Jerry’s to investigate the possibility of opening an ice cream shop there. He added that he believes that the tenant would generate mostly pedestrian traffic. Ms. D’Alessandro-Gilmore asked Mr. Rasizzi if he has already closed on the building. Mr. Rasizzi stated that he has. PUBLIC COMMENTS IN FAVOR John Samatulski, city resident and owner of 434 Franklin Street, spoke in favor of the application and submitted written comments for the record. He stated that it is very difficult to market office space in older buildings such as this one, and that he believes that prospective residential tenants could easily secure parking elsewhere. Scott Cietek of Metroplex Development Authority spoke in favor of the application. He stated that Metroplex supports the proposed mixed use for this building, and believes that if necessary tenants could secure parking off- site. He noted that there are many other downtown residential buildings that do not have parking and have been granted variances by the Board. He also commented that this case is a good example of why the City administration should revisit the parking requirement of 1.5 spaces per residential space, which Metroplex sees as unnecessary in the downtown core. PUBLIC COMMENTS IN OPPOSITION Charles Contompasis, Board Member of St. George’s Greek Orthodox Church, spoke in opposition to the application on behalf of the church. He explained that the church owns the parking lots directly surrounding the building, and is concerned that there will be problems with tenants parking illegally in their lots and thus having to be towed. Seeing no members of the public wishing to speak Mr. Gleason closed the public comment portion of the meeting. CONTINUED DISCUSSION Ms. D’Alessandro-Gilmore asked staff if the building has been before the Planning Commission. Counselor Smith stated that it has not yet been 4  considered by the Commission. She reminded the Board that this use of the building is allowed, and that only the parking requires a variance. Ms. D’Alessandro-Gilmore stated that many downtown residential buildings do not offer parking, and this situation is common. Mr. Connelly agreed, stating that this is an example of making a building reusable when it otherwise might not be. Ms. Lester added that the building owner is accepting the risk of having to find tenants without offering them parking. Mr. Connelly asked Zoning Officer Epstein if he has any idea of the number of residential buildings in the downtown area that do not have any parking. Mr. Epstein stated that off the top of his head he does not, but that there are many and that this situation will only become more common as more older office buildings are repurposed for residential use. AREA VARIANCE APPROVAL Motion by Mr. Connelly, seconded by Ms. D’Alessandro-Gilmore, 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. 5. The alleged hardship is not self-created. Motion carried, with Mr. Gleason opposed. VI. MOTION TO ADJOURN Motion by Mr. Connelly, seconded by Ms. D’Alessandro-Gilmore, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 7:09 p.m. 5