Zoning Board of Appeals

Schenectady Board of Zoning Appeals Minutes December 13, 2023 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, Helene Lester and Brendan Keller, Jack Connelly- Department of Development staff, Chris Marney, Assistant Corporation Counsel, III.EXCUSED: Mary Zawacki IV.CONFLICT OF INTEREST CHECK None. V.APPROVAL OF MEETING MINUTES The minutes were approved for the November 1, 2023 meeting. The motion was made by Commissioner Connelly and seconded by Commissioner D’Alessandro. The motion carried unanimously, with Commissioner Keller abstaining. IV. Old Business V. Applications: New Business A. Jailall Omarao requests an area variance for 615 McClellan St. (tax parcel #49.36-3-52) located in the R-2 Two-Family Residential District to construct a 24x16 foot addition that would exceed the 30% Principle Maximum Lot Coverage threshold, pursuant to Section 264 Section C. Mr. Jailall Omarao appeared before the Board to discuss how the addition was required because he wanted more room for the remainder of his family to join him in the house and take care of him as he got older. He had many grandchildren at this point, and having room for all of them was not possible with the current configuration of the house. Mr. Omarao confirmed that 615 and 617 McClellan were the same building, which was a 2- family house. The drawings provided were not to scale and although they provided the dimensions of the existing garage as well as the proposed addition, there was no figures depicting the size of the actual house. Based on the rough math conducted by the Board it was estimated that the lot was already over the 30% lot coverage allowable by code, but this was unconfirmed without the exact knowledge of the lot size and the house dimensions. Commissioner Gleason thought it would be best to table the discussion until all pertinent information was made available. RESOLUTION Commissioner Connelly made a motion to table the area variance for 615 McClellan Street. Seconded by Commissioner Lester. The motion was approved unanimously. B. Rakesh Lauchman requests and area variance for 3346 Kent Ave. (tax parcel #49.36-3-52) located in the R-1 Single-Family Residential District to construct a 17 foot pole barn where 12 feet is the maximum, pursuant to Section 264-29D. Mr. Rakesh Lauchman said that he needed the extra space in order to properly store all of his equipment in the garage. Mr. Lauchman confirmed for Commissioner Connelly that he would be storing equipment and vehicles for his business in the garage. Commissioners Gleason and Connelly agreed that if this application was accepted, it would set a precedent that any R-1 properties could get approved for similar applications. Commissioner Keller noted that the problem was undeniably self-created. The Commission felt they had no way to approve the application as many similar ones had been rejected in the past. RESOLUTION Commissioner Keller made a motion to deny the area variance for 3346 Kent Ave. Commissioner Connelly seconded the motion. The motion was approved unanimously. C. Maxon ALCO Holdings LLC requests an area variance for the Mohawk Harbor Arena (tax parcel #39.49-1.71) located in the C-3 Waterfront Mixed-Use District to allow for 0 feet of lot frontage where 30 feet are required, pursuant to Section 264 Schedule C. Mr. Dave Ahl presented agenda items C-E at the same time, as all pertained to the same parcel. Mr. Ahl came forward with Mr. Sean McCloskey and Tom Owens. Mr. Ahl presented the basics of the arena to the Board so they were up to date with what was presented to the Planning Commission during Site Plan Review. The reasoning for the first variance regarding frontage is because the arena would not be located along a public street, but rather a private driveway which would give them 0 feet of frontage according to City code. The site has roughly 400 feet of frontage off of the private access point. Mr. Ahl told Commissioner Keller that Maxon ALCO Properties owns the private access road to the arena. Commissioner Keller questioned whether it was possible to incorporate more green space into the area. Mr. Ahl stated that the bike path has been improved as a result of this project and there will be more tables and amenities situated around the bike path to enhance that area. Mr. Ahl described that the project has been to the Planning Commission several times, and it was through the Planning Commission that they had been referred to the BZA. Commissioner Connelly asked which parking spaces would be shared. Mr. Ahl said that lot 1 would be dedicated fully for the arena, but lots 2, 3, 4 and 5 would be shared with other commercial enterprises in the area. It was not known yet whether lot 6 would need to be constructed, but was listed in case the proposed parking was not deemed adequate. Mr. Ahl felt confident that the parking was substantial enough that lot 6 would not become necessary. Mr. Ahl further confirmed for Commissioner Connelly that any arena parking would not impact existing hotel or apartment parking in the slightest. Mr. David Hogenkamp of Metroplex came forward during the public portion to speak in favor of this project. Mr. Hogenkamp spoke to the success that the harborside development has been as a whole, going from being a brownfield to becoming a great tourism attraction for Schenectady. Mr. Hogenkamp further detailed that Metroplex was designated lead agency for SEQR and did full studies on the parking and traffic impact this project would bring, finding no substantial impacts. Mr. Connelly read an email into the record from Gloria Kishton who expressed concern over portions of the project, specifically the dangers of having people cross Erie Boulevard to access the site. Ms. Kishton said that crossing Erie at any intersection is dangerous and wanted to see further safety plans to mitigate these concerns. Commissioner Gleason brought up policing of the site and asked how that was conducted in the past and how that would continue with the construction of the arena. Mr. Connelly said that a condition of their Site Plan Approval was that City police be informed when the arena was expected to exceed a certain capacity so adequate safety staff could be present. Mr. Hogenkamp told the Commission that Union College would provide a shuttle service for the games to safely transport Union students from campus to the arena across Erie Boulevard. Mr. Hogenkamp further explained to the Commission that the Planning Commission was generally disapproving of the creation of lot 6. Mr. Ahl confirmed with Commissioner Keller that they would be comfortable with a condition of approval being that any further lots located across Erie Boulevard would require a pedestrian safety plan for approval. SEQR RESOLUTION Commissioner Connelly made a motion to adopt the Metroplex SEQR findings for agenda items C-E. Seconded by Commissioner D’Alessandro. The motion carried unanimously. RESOLUTION Commissioner Keller made a motion to grant the area variance for the Mohawk Harbor Arena to allow for 0 feet of lot frontage where 30 feet are required. Commissioner Connelly seconded. AREA VARIANCE APPROVAL 1. An undesirable change will not be produced in the neighborhood due to the uniqueness of this specific area. 2. The benefit sought by the applicant cannot be achieved by another method. 3. The variance is substantial however necessary for the full development of this section of the Harborside district. 4. There will not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is self-created but should not detract from the approval. The motion was approved unanimously D. Maxon ALCO Holdings LLC requests an area variance to the Mohawk Harbor Arena (tax parcel #39.49-1.71) located in the C-3 Waterfront Mixed-Use District to allow for 768 shared parking spaces where 719 dedicated parking spaces are required pursuant to Section 264-44 Schedule F  RESOLUTION Commissioner Keller made a motion to grant the area variance for the Mohawk Harbor Arena to allow for 768 shared parking spaces where 719 dedicated parking spaces are required. Commissioner Connelly seconded. AREA VARIANCE APPROVAL 1. An undesirable change will not be produced in the neighborhood due to the uniqueness of this specific area. 2. The benefit sought by the applicant cannot be achieved by another method. 3. The variance is substantial however necessary for the full development of this section of the Harborside district. 4. There will not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is self-created but should not detract from the approval. The motion was approved unanimously. E. Maxon ALCO Holdings LLC requests an area variance for the Mohawk Harbor Arena (tax parcel #39.49-1.71) located in the C-3 Waterfront Mixed-Used District to allow for parking spaces further away than 500 feet from the principal building, pursuant to Section 264-44A(7). RESOLUTION Commissioner Keller made a motion to grant the area variance for the Mohawk Harbor Arena to allow for parking spaces further away than 500 feet from the principal building. Commissioner Connelly seconded. Commissioner Keller noted in his motion that a condition of the approval is that the applicants will work in good faith with the City of Schenectady to develop pedestrian safety plans for future lots that require crossing Erie Boulevard. AREA VARIANCE APPROVAL 1. An undesirable change will not be produced in the neighborhood due to the uniqueness of this specific area. 2. The benefit sought by the applicant cannot be achieved by another method. 3. The variance is substantial however necessary for the full development of this section of the Harborside district. 4. There will not be an adverse effect on physical or environmental conditions in the neighborhood. 5.The alleged hardship is self-created but should not detract from the approval. The motion was approved unanimously. VI. Other Business VII.Adjourn 7:41 p.m. motion made by Commissioner Connelly and seconded by Commissioner Keller. The motion was approved unanimously.