Zoning Board of Appeals
Regular MeetingSchenectady, NY · November 1, 2023
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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