Zoning Board of Appeals

Schenectady Board of Zoning Appeals Minutes June 12, 2024 I. CALL TO ORDER Commissioner Gleason called the meeting to order at 6:00 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; Helene Lester, Mary D’Alessandro-Gilmore, Brendan Keller and, Nora Wallace Zoning Officer, Sean O’Brien Deputy Corporation Counsel EXCUSED: Mary Zawacki III. CONFLICT OF INTEREST CHECK Dave Connelly, Vice Chair was required to recused himself for the last application on the agenda 717 Central Parkway. He was the agent presenting to the board on behalf of his wife Michol Murphy an Area Variance application for the installation of a standby generator that did not meet the “Front Minimum” setback requirements for the principal structure (Chapter 264 Schedule C Lot Development Standards). IV. APPROVAL OF MEETING MINUTES The minutes were approved for the May 8, 2024 meeting. The motion was made by Commissioner Gleason and seconded by Commissioner Keller. The motion carried 4-0  V. Old Business VI. Applications: New Business A. Steven Cimino, Jr requests a Use Variance for 818 Congress St (tax parcel # 49.46-4-10) located in the R-2 Two-Family District to construct a “multifamily dwelling” pursuant to Chapter 264 Schedule A Use Regulations for Residential Districts this use is not permitted. Mr. Steven Cimino requested a Use Variance to construct a “multifamily dwelling” in and R-2 Two-Family District. Commissioner Gleason requested the applicant to be more specific regarding the use and the applicant then clarified he wants to construct a four-family dwelling. Mr. Cimino owns the property next door to 818 Congress St. Commissioner Gleason inquired if the property owner’s existing property had adequate parking available for tenants. Mr. Cimino verified that the existing lot had adequate parking. In addition, clarified the property that he is requesting a Use Variance for is under contract but does not own it yet. That 818 Congress St contract is contingent on receiving a Use Variance. Commissioner Keller inquired the projected loss and gain between constructing a two-family dwelling in comparison to a multifamily. Mr. Cimino stated that a four-unit apartment was the only way he could achieve a positive cash flow for the property. On a different note, he stated to the board that he does not sell the properties he builds. Instead, Mr. Cimino stated that he enjoys keeping the properties and maintaining them to his best ability to be a great landlord to his tenants. There was further questioning from the commission regarding parking. Mr. Cimino clarified that the parking is intended to be in the back. Jack Connelly then clarified from the audience that if the property is given approval, that the parking will be covered in the Planning Commission review. AREA VARIANCE RESOLUTION Commissioner Keller made a motion to table the area variance as presented. Seconded by Commissioner Connelly. Motion carried unanimously. B. J&J Apartments, LLC. request an Area Variance for 3 State St (tax parcel # 39.63-3-34) to seek full relief from §264-44 Mandatory Off-Street Parking requirements. Neil Pelone the architect commissioned for the 3 State St project. He provided the board with a brief overview of the parcel and the existing historic 17-unit apartment building. In addition, Mr. Pelone expressed that the existing conditions of the property it is not possible to meet the off-street parking standards from the zoning ordinance. Following this statement, he introduces, Ray Gillen the Chair of the Metroplex board to continue the presentation to the board. Mr. Gillen leads his presentation thanking the property owners for working on this building and making efforts towards restoring the historic property. He then begins on detailing the history of the property by stating that it was originally called “The Alexandra”. Between 1900-1926 it was operated as a hotel and apartment building. Its purpose was to supply housing for GE employees. In 2019 the building was added to the Historic Register with strong support from the community. To further this point, Mr. Gillen makes a point that this building is one of the first landmarks people see went entering the City of Schenectady. As well as, stating that during his tenure as the Chair of Metroplex that this building has been vacant the entire time. Mr. Gillen, highlights that the project was referred over by the Planning Commission and that the property never had onsite parking. To alleviate the concern regarding the lack on onsite parking, he showcased that the property is across the street from the “Mobility Hub”. Mr. Gillen states that the “Mobility Hub” is the best transit system in the capital region and unique to the City of Schenectady. As the surrounding municipalities Troy and Albany do not have this infrastructure established yet. He furthers this point by stating you can rent a bike, scooter, vehicle or take public transit. The major point that Mr. Gillen makes is S Church St. is only 400 feet away from “The Alexandra” and has 40 open parking spaces. In addition, he points out other parking lots owned by Schenectady County (Metroplex funded project) near the Armory and behind Frog Alley. Mr. Keller interjected in the middle of Mr. Gillen’s presentation and questioned if the free parking spaces owned by the county are a permanent land use. Mr. Gillen responds to the questions and then pivoted back to the main intended parking area on South Church St. Mentions that Christine Primiano the Principal Planner for the city gave her blessing. On top of the LAZ company has the ability to police the parked cars on South Church St to ensure the future tenants utilize that area. Concluding the presentation, Commissioner Connelly inquires what is to stop the residents of this building from parking in the Stockade. Mr. Gillen states even more parking areas available to the tenants. Afterwards, reiterates that the future tenants will be required to register their vehicles for residential parking. The LAZ group with scan the license plates and if the tenants park on Union St the tenant will receive a notice and the landlord will too in order to prevent the tenants from parking elsewhere. Commissioner Keller inquired a second time the open lots available for free parking. Mr. Gillen responded with the entire point of the county purchasing those lots was purposeful to ensure that free parking is available to promote and key in the success of the downtown development strategy. Commissioner Keller asked a third time if the lots will become eventually “pay to park” and the free parking is only temporary. Mr. Gillen responds to the inquiry in the same manner as before. Commissioner Keller inquires for a fourth time, if the college’s board and the county legislator to change the current free parking to paid parking need a resolution from both the college and county legislator. Mr. Gillen states that is correct both the college and the county legislator will need a resolution. Commissioner Keller inquires if S Church St is that on street parking, metered and will it remain free. Mr. Gillen said yes to on street parking and that the location will remain meter free. Commissioner Keller then inquires the present stance that Schenectady County Community College holds towards this project and the parking arrangement. Mr. Gillen states that he is on the college’s board and has created a resolution and parking arrangement that the president of the college Dr. Mono is in support of it. Commissioner Keller, questions Mr. Gillen’s response regarding the Capital Planning process. If the SCCC board as well as Dr. Mono has all agreed to the off-street parking arrangement. Mr. Gillen in response states that the old YMCA is in transit from the college and passing 3 State St. The combined effort to improve livability and the new art space for the college being compatible uses that SCCC is content with. Mr. Gillen then refers to the distance required between the principal structure and the available parking. Zoning Officer Nora Wallace interjects and states the section of the zoning code Mr. Gillen is referring to only applies to nonresidential uses and is not a requirement for the project in discussion. Commissioner Connelly inquires how many units will be there and Commissioner Lester inquires if the historic aspects will be restored. Mr. Gillen responds with stating it will be 17 units and that it will be restored to its glory. He then tries to close his presentation, but Commissioner Keller persists with his concerns regarding parking for the tenants by inquiring what will happen in 5 years when the city is more developed. Mr. Gillen reiterates for the final time the available parking areas owned by Metroplex and that South Church St will be the main parking area for the tenants and that will be achieved through enforcement. Commissioner Gleason thanks Mr. Gillen for his presentation and opens the public comment section. Jack Connelly Planner I from the city’s Planning and Development Department then speaks in favor of the project on behalf of the department. He emphasizes the 5 criteria that are required to consider for the Area Variance and defends that property has met many of these points. In addition, the historic value and that restoring the building will be a positive aspect to the neighborhood. Mr. Connelly’s final point was that no matter how many dwelling units available there would be required parking that would not be met regardless. Gloria Kichton from the Schenectady Historic Foundation speaks in favor of the project after Mr. Connelly concludes his statement. She states she is in support for the same reasons as Mr. Gillen and Mr. Connelly. In addition, she provides that South Church St will be utilized by the tenants because people out of human nature will park their cars in an area that they are able to see it opposed to parking on Union St. Moreover, she proposed moving the exit away from the current location to promote that intersection’s walkability. As well as stating even more parking locations that can be used for extra parking. Ms. Kichton’s closing remarks are that she and her organization are in full support of the project. The final member of the public speaking in support of the project is Joe Johnson the property owner and contractor of the property. He begins his speech by stating his company has achieved great success with the projects in Troy. That he’s a licensed electrician by trade, an active landlord, and wanted to introduce himself and the company to the board. Mr. Johnson stated that the goal for the building is to be a good neighbor and that he spoke with the president of SCCC to alleviate the prior concerns. He said that the president of SCCC is now on board with the project and that Mr. Gillen furthered these discussions with the plan of action mentioned earlier. Commissioner Gleason closes the public comment after Mr. Johnson closes his final remarks. The board proceeded to discuss the reasons and deliberations of the decision. SEQR RESOLUTION Commissioner Connelly made a motion to declare the project a Type II SEQR. Seconded by Commissioner Lester. Motion carried unanimously. AREA VARIANCE RESOLUTION Commissioner Keller made a motion to approve the area variance as presented. Seconded by Commissioner Gleason. 1. An undesirable change will not be produced in the neighborhood. 2. The benefit sought by the applicant can be achieved by another method but will not be a burden on the area. 3. The variance is not substantial. 4. The hardship is self-created. 5. There will be no adverse effect on the physical or environmental conditions in the neighborhood. C. Nicholas Plowman request an Area Variance for 6 Washington Ave (tax parcel # 39.62- 1-2) located in the RH-2 Stockade Historic Residential District for an installed split heat pump pursuant to Chapter 264 Schedule C Lot Development Standards does not meet the “Side Minimum” setback requirements for the principal structure. Nick Plowman requested an Area Variance for 6 Washington Ave for an installed split heat pump that does not meet the “Side Minimum” setback requirements for the principal structure. Commissioner Keller inquiries the distance between Mr. Plowman and his neighbor which he replied that it is 4 Ft. Zoning Officer Nora Wallace clarified that the frontage of the property is 25 Ft and stated it is a common issue for this historic district. Commissioner Connelly inquired how many condensers are existing and Mr. Plowman stated it has two condensers for the single-family house that is 2,400 Square Feet. Mr. Plowman stated that despite the two condenser he is disappointment in the effectiveness of the split heat pump as it only adequately cools down the first floor. Commissioner Connelly inquired who owns the alley way, Mr. Plowman responded that the neighbor  owns part of the alley way and there’s only a 6-inch setback. Ms. Wallace pointed out to the board that the neighbor provided a letter consenting to the installed split heat pump. Commissioner Gleason opened the public comment portion, Gloria Kichton from the Schenectady Historic Foundation spoke in favor of Mr. Plowman receiving an Area Variance. To further her point and support Ms. Kichton utilized 126 Front St as an opposite alternative and a disagreeable spilt heat pump to highlight the one Mr. Plowman installed is favorable. Commissioner Gleason closed the public comment. SEQR RESOLUTION Motion carried unanimously. AREA VARIANCE RESOLUTION Commissioner Keller made a motion to approve the area variance as presented. Seconded by Commissioner Lester. 1. An undesirable change will not be produced in the neighborhood. 2. The benefit sought by the applicant can be achieved by another method but will not be a burden on the area. 3. The variance is not substantial. 4. The hardship is self-created. 5. There will be no adverse effect on the physical or environmental conditions in the neighborhood. D. Michol Murphy request an Area Variance for 717 Central Parkway (tax parcel # 50.37-1- 47) located in the R-1 Single Family Residential District to install an automatic standby generator pursuant to Chapter 264 Schedule C Lot Development Standards does not meet the “Front Minimum” setback requirements for the principal structure. Commissioner Connelly recused himself from the board to present as an agent for 717 Central Parkway on behalf of his wife Michol Murphy for an Area Variance for the installation of an automatic standby generator that does not meet the “Front Minimum” setback requirements for the principal structure. Mr. Connelly went into explanation of the options given if they followed the zoning ordinance the requirement the installation cost  would be double opposed to the 45 Ft front setback. In addition, stated that after the installation he and his wife will be planting flowers to hide the unit and that the unit will be the side yard setbacks. Commissioner Keller inquired the size of the generator and Mr. Connelly responded with the size and included additional clarification of the installation specifics. As well as the efficiency of the model chosen opposed to the Generac generator which he stated is louder and turns on more often. Mr. Connelly then states that his neighborhood often loses power during storms due to the electrical lines proximity to a heavier wooded area. To further this point Mr. Connelly brought up multiple examples of the power going out do to weather and to further highlight the necessity of its installation. SEQR RESOLUTION Motion carried unanimously. AREA VARIANCE RESOLUTION Commissioner Keller made a motion to approve the area variance as presented. Seconded by Commissioner Lester. 1. An undesirable change will not be produced in the neighborhood. 2. The benefit sought by the applicant can be achieved by another method but will not be a burden on the area. 3. The variance is not substantial. 4. The hardship is self-created. 5. There will be no adverse effect on the physical or environmental conditions in the neighborhood. Motion carried unanimously. VII. Other Business VIII. Adjourn 7:30 p.m. motion made by Commissioner Connelly and seconded by Commissioner Lester. The motion was approved unanimously.