Zoning Board of Appeals

Catherine Conroy THE CITY OF Steven Strichman Chairperson Planning Commissioner Phone (518) 279-7152 Phone (518) 279-7166 Fax (518) 268-1690 Fax (518) 268-1690 Zoning Board of Appeals NOTICE OF PUBLIC HEARING Notice is hereby given that the Zoning Board of Appeals of the City of Troy, New York will conduct a REGULAR PUBLIC HEARING starting at 6:00 P.M. on May 2, 2017 in the 5th Floor Planning Department Hearing Room of 433 River Street (“The Hedley Building”), to act upon the following requests for approvals and appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. ZB 2016-040 Major Area Variance to allow for nonconforming signage. related to a proposal to install a sign for a new student housing complex (College Suites at Hudson Valley), at 100 Morrison Avenue, ID 112.69-1-10, in a INST zone. Applicant is Oakhurst Signs, 12445 62nd Street N, Suite 305, Largo, FL 33773. ZB 2017-023 Special Use Permit and Major Area Variance to allow for a parking deficiency. related to a proposal to convert a first floor commercial space into an efficiency (studio) apartment in a 3-story, 4-unit, mixed-use building, at 569 Congress Street, ID 101.80-2-42, in a B-2 zone. Applicant is Eric Paulin, 569 Congress Street, Troy, NY 12180. ZB 2017-025 Major Area Variance to allow for nonconforming parking area design, related to a proposal to create an unpaved stone driveway next to a 2-unit residence, at 801 First Avenue, ID 80.32-1- 1, in a R-1 zone. Applicant is Kazue Bickerton, 1415 Fifth Avenue, Watervliet, NY 12189. ZB 2017-026 Major Area Variance to allow for a parking deficiency, related to a proposal to create a recycling redemption center with a 20' x 20' garage in its rear yard, in a small cornerside lot, at 427 Third Street, ID 111.36-8-20, in a R-4 zone. Applicant is Moshe Grier, 296 Hoosick Street, Troy, NY 12180. ZB 2017-027 Use Variance and Major Area Variance to allow for a parking deficiency, related to the inspection of the recently replaced hood for a large commercial stove, to bring it to code standards, in a long-vacant church which is proposed to become a community center and space for small non-profit groups, at 548 Congress Street, ID 101.79-4-13, in a B-2 zone. Applicant is the Mount Ida Preservation Association, 548 Congress Street, Troy, NY 12180. ZB 2017-029 Use Variance and Major Area Variance to allow for a parking deficiency, related to the creation of a small grocery store / delicatessen in a vacant former laundromat, which long ago used to be a similar grocery store, in a mixed-use cornerside building with 2 apartments, at 262 Pawling Avenue, ID 112.41-1-12, in a R-2 zone. Applicant is Kenmax Holdings, LLC, 274 Greenfield Avenue, Ballston Spa, NY 12020. ZB 2017-031 Use Variance, Special Use Permit, and Major Area Variance to allow for a parking deficiency related to the creation a brewery/brewpub with an approximate occupancy load of 200 people, in a vacant church, at 560 Congress Street, ID 101.79-4-17.1, in a B-2 zone. Applicant is Louis Emory, 44 Christie Street, Apartment 1, Troy, NY 12180. City Hall, 433 River Street, Troy, New York 12180 Additional information regarding the above listed actions is available in the Department of Planning and Community Development located on the 5th floor of Troy City Hall, 433 River Street, Troy, New York 12180. Telephone: 279-7152. E-mail: christinehillary@troyny.gov Office hours are from 8:30 A.M. to 4:30 P.M. on weekdays. As required by Americans with Disabilities Act, auxiliary aids and services are available upon request. Please give one-week advance notice for services needed. City of Troy Zoning Board of Appeals Catherine Conroy, Chairperson Christine C. Hillary, Executive Secretary City Hall, 433 River Street, Troy, New York 12180  City of Troy – Complete Streets Checklist Applicability Yes No Is the project located in an area where certain modes of travel are prohibited by X law, such as an interstate freeways or pedestrian malls?  Does the project consist of purely minor maintenance activities designed to X  keep assets in serviceable condition (e.g. mowing, cleaning, sweeping, spot repair, and surface treatments such as chip seal or interim measures)? If the answer to either question above is “Yes”, stop filling this checklist. If the answer to both questions is “No”, consideration of the Complete Streets Policy must be evaluated. o If this is a NYSDOT Capital Project, complete the Complete Streets Checklist found NSYDOT’s Highway Design Manual, Chapter 18, Appendix A. o If this is a City project or a privately funded project, continue with the checklist below. Existing Conditions Y N Description Total Street ROW width Street pavement width (curb to curb) Street pavement material and condition Sidewalk widths (curb to edge of ROW) – both sides Sidewalk pavement material and condition – both sides Is there a curb separating driving or parking lane from sidewalk? (Curb height and condition) Is there a curb to sidewalk buffer utility strip? (width, material, and condition) Sidewalk to edge of ROW width and condition. Are there steps or other encroachments? If so, describe width and condition. Is on-street parking present? (one side, both sides, parallel, diagonal, etc.) Est. % occupied day, Est. % occupied evening Are driving lane widths (12’ minimum to 13½’ preferred), pavement conditions, and pavement marking conditions adequate for bicycling? Are there pavement markings or signs posted indicating shared use of the road? Do bicycling facilities, such as marked bike lands or bike trails exist within a 300 ft. radius of the project area? If not, are any planned? Is this site located on NYS Bike Route #9? Is there bicycle parking within 50 ft. of the project area? (Describe – capacity, locations, security, etc.) Page 2 of 4  City of Troy – Complete Streets Checklist PROJECT INFORMATION Date: April 19, 2017 Case Number: Project Name/Description: Convert a vacant laundromat to a grocery store / delicatessen Project Location/ Limits: 262 Pawling Avenue General Description of Existing Traffic Patterns (vehicle, transit, pedestrian, bicycle, freight): Front (Pawling Avenue): busy two-lane major street with sidewalks Side (Locust Avenue): residential side street with sidewalks , already experiencing unusually heavy traffic, as cars frequently cut through it to go from Spring Avenue to Pawling Avenue, and vice-versa. Background (Taken from Troy City Code, Chapter 271. Adopted by the City Council of the City of Troy 6-5-2014 by Ord. No. 35. Amendments noted where applicable.) Definition -- "Complete Streets" means streets that are designed and operated to enable safe access for all users, in that pedestrians, bicyclists, motorists and public transportation users of all ages and abilities are able to safely move through the transportation network. Policy -- The city shall design, build, operate and maintain a safe, reliable, efficient, integrated and connected multimodal transportation network that will provide access, mobility, safety, and connectivity for all users. Complete Streets design will promote improved health, economic growth, public safety, recreational opportunity, and social equality throughout the City of Troy, and will ensure that the safety and convenience of all users of the transportation system are accommodated, including pedestrians, bicyclists, users of mass transit, people of all ages and abilities, motorists, emergency responders, freight providers and adjacent land users. Applicability -- All city-owned transportation facilities in the public right-of-way including, but not limited to, streets, bridges and all other connecting pathways shall be designed, constructed, operated, and maintained so that users of all ages and abilities can travel safely and independently. All privately constructed streets, parking lots, and connecting pathways shall adhere to this policy. Using the Complete Streets Checklist The Complete Streets Checklist is a tool to be used by planners, designers, and project managers throughout the Site Plan Review, Concept Development, Preliminary Engineering, Final Design, and Construction phases to ensure that all developed alternatives reflect compliance with the Complete Streets Policy. Page 1 of 6  City of Troy – Complete Streets Checklist Applicability Yes No Is the project located in an area where certain modes of travel are prohibited by X law, such as an interstate freeways or pedestrian malls?  Does the project consist of purely minor maintenance activities designed to X  keep assets in serviceable condition (e.g. mowing, cleaning, sweeping, spot repair, and surface treatments such as chip seal or interim measures)? If the answer to either question above is “Yes”, stop filling this checklist. If the answer to both questions is “No”, consideration of the Complete Streets Policy must be evaluated. o If this is a NYSDOT Capital Project, complete the Complete Streets Checklist found NSYDOT’s Highway Design Manual, Chapter 18, Appendix A. o If this is a City project or a privately funded project, continue with the checklist below. Existing Conditions Y N Description Total Street ROW width Street pavement width (curb to curb) Two lanes, with enough room for side-street parking Street pavement material and condition Asphalt, pretty good Sidewalk widths (curb to edge of ROW) – both sides About 8-9’ front, 2.5’ side Sidewalk pavement material and condition – both sides Pretty good. Sidewalk across side driveway is in bad condition. Is there a curb separating driving or parking lane from Front – about 4”, pretty good sidewalk? (Curb height and condition) condition, with curb cuts. Side – worn, with curb cuts. Is there a curb to sidewalk buffer utility strip? (width, Side – about 2.5’, not bad material, and condition) Sidewalk to edge of ROW width and condition. Are there Quite accessible sidewalks, just steps or other encroachments? If so, describe width and that side sidewalk is a little bit condition. narrow Is on-street parking present? (one side, both sides, Not allowed in front due to bus parallel, diagonal, etc.) stop. Allowed near building in Est. % occupied day, Est. % occupied evening front, but infrequently used. Allowed on side street. Parallel. Used fairly often. Are driving lane widths (12’ minimum to 13½’ preferred), Front good on both street and pavement conditions, and pavement marking conditions sidewalk. Side adequate on both adequate for bicycling? street and sidewalk. Are there pavement markings or signs posted indicating No shared use of the road? Do bicycling facilities, such as marked bike lands or bike No, No, No trails exist within a 300 ft. radius of the project area? If not, are any planned? Is this site located on NYS Bike Page 2 of 6  City of Troy – Complete Streets Checklist Route #9? Is there bicycle parking within 50 ft. of the project area? No (Describe – capacity, locations, security, etc.) Is this project on a transit route? If yes, are there any bus Yes. The 280 and 289 stop RIGHT stops within a ¼ mile of the project area? IN FRONT of it. Is the route to and from the transit route accessible via Yes. Not really optimal for biking or walking? Describe conditions. bicyclists, but adequate. Pretty good for walkers. Do all sidewalks, ramps, signals, and other facilities within Impressive ramp on the side. the project area meet ADA standards? (www.ADA.gov) Is there a separated pedestrian accessible route from No sidewalks and parking areas to the main entryway of the building? Are there shopping, employment centers, cultural centers, Emma Willard School, Sacred historic sites, landmarks, recreation areas, or other key Heart School, Sacred Heart destinations within ¼ mile of the project area? Church, School 16, Griswold Heights, South Troy Baseball Field, Troy Spring Are there schools, hospitals, senior centers, community Emma Willard School, Sacred centers, or centers for persons with disabilities within ¼ Heart School, School 16 mile of the project area? Traffic volume / vehicles (AADT) Front = 13,970; Side = no data, but the parallel street right next to it, which is only a one-way street, is 2414. Bicycle volumes Rare to occasional Pedestrian volumes Occasional to moderate (more in warmer weather) Additional notes: Locust Avenue, in my opinion, sees a much larger volume of traffic than it should, because it is a short street that connects two major streets, Spring Avenue and Pawling Avenue. There is a non-residential parallel street, Walker Avenue, which could easily serve the same purpose. In fact, I (Christine Hillary) have talked to some people about it, and had already planned to meet with some neighbors on April 22, even before knowing about this project. I worry that this project could contribute to even more increased traffic. However, since this phenomenon does not deal with alternative forms of transportation, it is not a Complete Streets issue. The only real Complete Streets issue that I can see is the horrible condition of the sidewalk across the side driveway / parking lot. Page 3 of 6  City of Troy – Complete Streets Checklist Coordination Y N Comments Have local leaders, residents, or organizations been No contacted to discuss issues related to walking, bicycling, or transit? Has the Troy Police Department been contacted to discuss Not to my knowledge any safety issues in the project area? Are existing transit route facilities (bus stops, shelters, No, it’s pretty good. pullouts) inadequate or in inconvenient locations? Consult with CDTA. Project Development Considerations Y N Comments Is there an identified need for bicycle/pedestrian/transit No or “way finding” signs that could be incorporated into the project? Is there a history of bicycle or pedestrian crashes in the No project area for which improvements should be made? Are there existing curb ramps, crosswalks, pedestrian Not to my knowledge traffic signal features, or sidewalks that don’t meet ADA standards? Are the sidewalks across driveways designed to The sidewalk across accommodate pedestrians with a level walking surface? the side driveway is crumbles. Front driveway sidewalk is great. Is there a perceived pedestrian safety access concern that I doubt it could be addressed by the use of traffic calming tools (e.g. bulb outs, raised pedestrian refuge medians, corner islands, raised crosswalks, mid-block crossings)? Are there conflicts among vehicles (moving or parked) and I doubt it bike, pedestrian, or transit users which could be addressed by this project? Are there opportunities (or has the community expressed No a desire) for new/improved pedestrian level lighting, to create a more inviting or safer environment? Are there gaps in the bike/pedestrian connections No between existing/planned generators? (Consider ½ mile for pedestrians and 1 mile for cyclists.) Are there opportunities to improve vehicle parking No patterns or to consolidate driveways as a part of this project? Do truck deliveries need to be considered in design? I would say yes Page 4 of 6  City of Troy – Complete Streets Checklist Is the site greater than 1 acre in size? If so, has a SWPP No Plan been prepared and submitted? If the site is less than 1 acre in size, what is being proposed Nothing to retain storm drainage on-site? Are there opportunities to include green infrastructure No which may help reduce stormwater runoff and/or create a more inviting pedestrian environment? (street trees, planting strips, etc.) Are there opportunities to improve cyclist operations such Not really as with the use of bicycle lane width and/or signing? Prepared by: Christine C. Hillary Date: April 19, 2017 Suggested improvements that should be incorporated into the project:  Signs and Lines  Operations  Wayfinding Signage  Bike/Ped Connections  Crosswalks  Transit Facilities  Signage  Consolidated Driveways  Pavement Striping  Freight Loading/Unloading  Geometry / Hardware / Infrastructure  Pedestrian Signal Features  Sidewalk Width  Pedestrian Safety  Bicycle Lanes  Greening / Aesthetics  Curb Ramps  Lighting  Bicycle parking  Sidewalk Furniture/Appurtenances  Traffic Calming  Utility/Planting Strip  ADA compliance  Storm Drainage  Bus Stops/Shelters  Street Trees Describe suggested improvements: A bike rack would be nice, though not necessary. The sidewalk should be reconstructed along the side driveway / parking lot. Page 5 of 6  City of Troy – Complete Streets Checklist Per Troy City Code Chapter 271-4, the City Engineer can issue a documented exception concluding that the application of Complete Streets principles is unnecessary, unduly cost prohibitive or inappropriate because it would be contrary to public safety or if other available means or factors indicate an absence of need, including future need. Which suggestions will be incorporated into the project? Approved by: ______________________________________________ Date:______________ Page 6 of 6