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Zoning Board of Appeals

Regular Meeting

Schenectady, NY · November 1, 2023

AgendaMinutes

Minutes

I.CALL TO ORDER Commissioner Gleason called the meeting to order at 6:30 p.m. After calling the meeting to order, Commissioner Gleason explained to the members of the public 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 the initial presentation of the proposal the applicant would not be given another opportunity to comment unless directly questioned by a Board Member. The meeting is being recorded. II.ROLL CALL PRESENT: Jim Gleason, Chair; Dave Connelly, Vice Chair; Mary D’Alessandro- Gilmore, Mary Zawacki, Jack Connelly- Department of Development staff, Chris Marney, Assistant Corporation Counsel, and Sylvia Jimison, Department of Development Staff III.EXCUSED: Helene Lester and Brendan Keller IV.CONFLICT OF INTEREST CHECK None. V.APPROVAL OF MEETING MINUTES The minutes were approved for the October 4, 2023, meeting. The motion was made by Commissioner Connelly and seconded by Commissioner D’Alessandro. The motion carried unanimously. IV. Old Business V. Applications: New Business A. Ronald Mahabir requests an area variance for 772 State St. (tax parcel 49.25-1- 29) located in the C-2 Mixed-Use Commercial District to allow no off-street parking where 6 spaces are required, pursuant to Section 264-44 Schedule F Mr. Ronald Mahabir came before the Board to discuss his proposed business. Mr. Mahabir stated that he was not the owner of the building, but renting the bottom floor as a retail space to sell meats, fish and vegetables. No alcohol or smoking materials would be sold at this site. Mr. Mahabir appeared before the Planning Commission in October where he received site plan approval contingent on the granting of the aforementioned parking variance. It was noted that this area of State Street is in close proximity to multiple public bus routes, is walkable and has sufficient on street parking for this business. Given the nature of the business, Commissioner Connelly felt as if patrons would not be staying at the site for a prolonged period of time, and therefore did not have an issue with the requested variance. Mr. Mahabir told Commissioner Gleason that he wanted to have a driveway on the side of the property, but the space is too narrow between the buildings, and could result in hazards if customers tried to park there. Mr. Mahabir said that he can fit his car between the buildings, but it was tedious and did not feel comfortable with that being used by the public. RESOLUTION Commissioner Connelly made a motion to grant an area variance for 772 State Street to have no off-street parking. Seconded by Commissioner D’Alessandro-Gilmore. SEQR RESOLUTION The application was declared to be a Type II SEQR Action which requires no further actions to take place. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously. B. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for a 3rd wall sign where two are the maximum, pursuant to Section 264-61(K) Mr. Mike McCracken and Ms. Caryn Mlodzianowski from Hospitality Syracuse and Bohler Engineering. Ms. Mlodzianowski detailed all of the 7 variances requested for 2035 State together, as all involved the sign package that was proposed to the Planning Commission. Counsel Marney informed the Board that although Ms. Mlodzianowski was presenting the variances together it would be necessary to vote on each individual variance separately. Ms. Mlodzianowski detailed for the Board that the reasoning for requesting agenda items C, D, E, G and H was that those were the standard sizes and designs for signs used at other locations, and not granting the variance would mean that custom designed signs would be needed. Agenda item B was necessary to properly alert drivers on State Street where the Taco Bell was, which would mitigate traffic concerns of people braking too quickly because they did not notice exactly where the entrance was. Agenda item F was needed because their plans called for 2 drive through lanes, and have 4 menu boards would shorten the wait time for those waiting in line. RESOLUTION Commissioner Connelly made a motion to grant an area variance to 2035 State Street for a 3rd wall sign where 2 are the maximum. Commissioner D’Alessandro seconded: SEQR RESOLUTION Commissioner Connelly made a motion to declare agenda items B-H Type II SEQRs. Seconded by Commissioner D’Alessandro. The motion carried unanimously. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously. C. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow 3.98 square foot directional signs where 2 square feet is the maximum, pursuant to Section 264-63(C) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously D. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for a 5 foot tall directional sign where 4 feet is the maximum, pursuant to Section 264-63(C) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously E. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow Taco Bell logos on directional signs where logos are not permitted, pursuant to Section 264-63(C) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously F. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for four menu boards where two are the maximum, pursuant to Section 264-63(P) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously G. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for 26 square foot menu boards where 24 are the maximum, pursuant to Section 264-63(P) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously H. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow 205 square feet of signage where 150 square feet is allowed, pursuant to Section 264-61(A) RESOLUTION Commissioner Connelly made a motion to approve the variance for 2035 State Street. Seconded by Commissioner D’Alessandro. AREA VARIANCE APPROVAL 1. An undesirable change will not 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 not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is not self-created. The motion was approved unanimously VI. Other Business VII.Adjourn 7:01 p.m. motion made by Commissioner Connelly and seconded by Commissioner D’Alessandro The motion was approved unanimously.

Agenda

City of Schenectady NEW YORK Board of Zoning Appeals Room 206, City Hall, Jay Street Schenectady, NY 12305-1938 To: Board of Zoning Appeals From: The Department of Development Subject: Regular Meeting, Wednesday, November 1st, 2023, at 6:30 PM, City Hall, Room 110 I. Call to Order II. Roll Call III. Review of Last Meetings' Minutes A. Review and approve the October 4 meeting minutes. IV. Old Business V. Applications: New Business A. Ronald Mahabir requests an area variance for 772 State St. (tax parcel 49.25-1-29) located in the C-2 Mixed-Use Commercial District to allow no off-street parking where 6 spaces are required, pursuant to section 264-44 Schedule F B. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for a 3rd wall sign where two are the maximum, pursuant to Section 264-61(K) C. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for 3.98 square foot directional signs where 2 square feet is the maximum, pursuant to Section 264-63(C) D. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for a 5 foot tall directional sign where 4 feet is the maximum, pursuant to Section 264-63(C) E. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow Taco Bell logos on directional signs where logos are not permitted, pursuant to Section 264-63(C) F. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for four menu boards where two are the maximum, pursuant to Section 264-63(P) G. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow for 26 square foot menu boards where 24 are the maximum, pursuant to Section 264-63(P) H. Hospitality Syracuse, INC. requests an area variance for 2035 State St. (tax parcel 60.56-3-45.1) located in the C-5 Business District to allow 205 square feet of signage where 150 square feet is allowed, pursuant to Section 264-61(A)1 VI. Other Business VII. Adjourn

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