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 June 6, 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 2017-33 Major Area Variance to allow for setback deficiencies and excessive density, related to a proposal to remove 3 trailer residences, remove 1 tree, and add 1 new modular residence, at 537-545 First Avenue, ID 80.55-4-5.1, in a R-1 zone. Applicant is Fred Stein, 141 Cushman Road, Melrose, NY 12121. ZB 2017-34 Major Area Variance to allow for parking deficiencies, sign code violations, and lot characteristics requirements violations, related to a proposal to convert a 1-unit house into a small law office at 46 23rd Street, ID 101.33-3-13, in a HPD zone. Applicant is Ed Gorman, P.O. Box 68, Hoosick Falls, NY 12090. ZB 2017-35 Use Variance related to a proposal to install a storage unit business behind Price Chopper, at Hudson Valley Plaza, 75-81 Vandenburgh Avenue, ID 123.21-1-23.1, in a B-3 zone. Applicant is Troy SRALP, L.P., 20 Corporate Woods Boulevard, Albany, NY 12211. ZB 2017-37 Minor Area Variance to allow for a rear setback deficiency and greenspace deficiency, related to a proposal to install a removable 8’ x 20’ metal storage shed at 2-6 101st Street (908 River Street), ID 90.54-2-1, in a R-4 zone. Applicant is Nurettin Ulukaya, 17 Patroon Place, Albany, NY 12211. ZB 2017- 38 Minor Area Variance to allow for a side setback deficiency related to a proposal to install a 12’ x 20’ prefabricated metal carport over a driveway alongside a detached single house at 8 Biscayne Boulevard, ID 80.35-3-3, in a R-1 zone. Applicant is Douglas Comstock, 8 Biscayne Boulevard, Troy, NY 12182. ZB 2017-39 Use Variance and Major Area Variance to allow for a greenspace deficiency, related to a proposal to convert a vacant welding factory into a vehicle painting business at 120 Ida Street, ID 112.21-10-2, in a R-4 zone. Applicant is Michael Reo, 3 Valente Drive, Wynantskill, NY 12198. ZB 2017-40 Use Variance and Major Area Variance to allow for a parking deficiency related to a proposal to expand hours and increase utilization of an existing day care center at 278 Third Avenue, ID 90.23-9-1, in a R-2 zone. Applicant is ToddlerTown Daycare, 278 Third Avenue, Troy, NY 12182. 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  H UD~ON ~IYE.Pl r - - -__. J..._ _ , MQ,.Il..\i. Ht>M= 1l) ~ 1'1 t:.MPVt::l:=' o M•P. Me:rep; 'PCl L..J! 0 p,,.. f'"i?WS:.M P(ll..-1:! -/1- PVEP'!HEA~ Wtf'\e:.~ P~OPO~ED LoT =If. 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L..tNe MANHPJ...e. l,...lP· ~ -r. ~. $~ "N wr Qf' i·•M· e.u:vATtPN "' 2;.en · f'~, NA\ ~ L...PC.A\~0 PNt;: O~U?\t;wl! ~()W iP'P OF F \ P15T AVENUE MACAt7AM· To ~~ 5:\...~VATIPN = fJ..7• :2.~ 1 DANSlfliN l.AH'P ~P\VI!YlNb 1~ fl':t>. ~)( ;2. ~P\&?~~~'E.'t' MPDULAPl Ht''ME MAP T?\PY~l~i'(. l2.t!tl 1='"" 0 PP~'D Lc?T f. I - LAN~ OF ~Te lN Tf!.l..· Sl~-27".. ~"~ STAFF REPORT ZB 2017-33 ADDRESS: 537-545 First Avenue (R-1) APPLICANT: Fred Stein, 141 Cushman Road, Melrose, NY 12121 PROJECT DESCRIPTION: ZB 2017-33 Major Area Variance to allow for setback deficiencies and excessive density, related to a proposal to remove 3 trailer residence, remove 1 tree, and add 1 new modular residence, at 537-545 First Avenue, ID 80.55-4-5.1, in a R-1 zone. Applicant is Fred Stein, 141 Cushman Road, Melrose, NY 12121. 537-545 First Avenue is a medium-sized parcel located between a quiet secluded one-way street and the Hudson River. 5 small trailers currently sit on this property. The applicant wishes to remove 3 of these trailers (537 First Avenue, 539 First Avenue, and 541 First Avenue), remove 1 tree, and install 1 new modular residence (the new 537 First Avenue). He will alter the property’s water, sewer, and electrical lines to accommodate the changes. USAGE: Trailers are considered to be detached 1-unit residences, which is the preferred type of building in an R-1 zone. Therefore, this project does not need a Use Variance or Special Use Permit. PARKING: Single-unit residences require a minimum of 2 parking spaces. Currently, the property contains 5 small driveways, 5 of which can accommodate 1 normal-size vehicle, and 1 of which can accommodate 2 normal-size vehicles, for a total of 6 parking spaces. None of these driveways will be affected by the changes to the lot. After the renovations, the lot will contain a total of 3 single-unit residences and 6 parking spaces. Therefore, this project does not need a Major Area Variance for parking. LOT CHARACTERISTICS: This property currently violates both minimum setback requirements and maximum density requirements, for which it has apparently never received Major Area Variances in the past, and will continue to do so in the future. The required maximum lot density is 5.5 units per acre. The current configuration of 6 units on 0.26 acres equals 23.08 units per acre. The proposed project will result in 3 units on 0.26 acres, which will equal 11.54 units per acre. The lot will be twice the maximum required density, and therefore still in violation, but will be only half of the former density. None of the trailers do or will meet the mandatory minimum rear setback requirement of 30 feet. The 2 pre-existing trailers do not conform, but the modular residence will conform, to the mandatory minimum front setback requirement of 25 feet. Because the parcel is bounded by First Avenue and the Hudson River, it is a shallow parcel whose depth cannot be changed. Therefore, it is difficult to conform to both the front and rear setback requirements simultaneously. The property also violates the mandatory side setback requirements of either 10 feet each or 20 feet for both signs combined. The left (south) side is about 15 feet. Although the existing trailer will be removed, the left side of the new residence will be placed at the same line. The right (north) side has no setback, because another trailer (which will not be removed) has its right side right on the property line. Based on the information provided by the applicant there are no other zoning deficiencies or violations. APPROVALS NEEDED: MAJOR AREA VARIANCE (Setbacks, Excessive Density) SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.  Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: PVA Holding, LLC - Residence to Professional Office Project Location (describe, and attach a location map): 46 Twenty Third Street, Troy Brief Description of Proposed Action: Change of use of existing structure, from residence to professional office space. Name of Applicant or Sponsor: Telephone: 518-686-4331 PVA Holdings, LLC / Edward J. Gorman, Esq. E-Mail: egorman@ejglaw.com Address: 5 Main Street City/PO: State: Zip Code: Hoosick Falls NY 12090 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ✔ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: ✔ 3.a. Total acreage of the site of the proposed action? ___________ .11 acres b. Total acreage to be physically disturbed? ___________ 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ___________acres .11 4. Check all land uses that occur on, adjoining and near the proposed action. 9 Urban ✔ 9 Rural (non-agriculture) 9 Industrial ✔ 9 Commercial 9 Residential (suburban) ✔ 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): _________________________ 9 Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ✔ b. Consistent with the adopted comprehensive plan? ✔ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ✔ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: __________________________________________________________________________ _______________________________________________________________________________________ ✔ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES ✔ b. Are public transportation service(s) available at or near the site of the proposed action? ✔ c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ✔ 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: _______________________________________________________________________________________ ✔ _______________________________________________________________________________________ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: ______________________________________ ✔ _______________________________________________________________________________________ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ________________________________ ✔ _______________________________________________________________________________________ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✔ b. Is the proposed action located in an archeological sensitive area? ✔ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ✔ b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ✔ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _______________ _______________________________________________________________________________________ _______________________________________________________________________________________ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: † Shoreline † Forest † Agricultural/grasslands † Early mid-successional † Wetland † ✔ Urban † Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ✔ 16. Is the project site located in the 100 year flood plain? NO YES ✔ 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ✔† NO † YES ✔ b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ✔† NO † YES _______________________________________________________________________________________ _______________________________________________________________________________________ Page 2 of 3 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ____________________________________________________________ _______________________________________________________________________________________ ✔ _______________________________________________________________________________________ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: _________________________________________________________________________ _______________________________________________________________________________________ ✔ _______________________________________________________________________________________ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: __________________________________________________________________________ ✔ _______________________________________________________________________________________ _______________________________________________________________________________________ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: PVA Holdings, LLC / Edward J. Gorman, Esq. ___________________________________________ Date: May 22, 2017 ___________________________ Signature: _______________________________________________________ PRINT FORM Page 3 of 3  City of Troy – Complete Streets Checklist PROJECT INFORMATION Date: May 22, 2017 Case Number: Project Name/Description: PVA Holdings, LLC – Residence to Professional Office Project Location/ Limits: 46 Twenty-Third Street, Troy, NY 12180 General Description of Existing Traffic Patterns (vehicle, transit, pedestrian, bicycle, freight): Site is located on the east side of Twenty-Third Street, at the intersection of Hoosick Street. In this location, Hoosick is a 4-lane road, with sidewalks on each side, and Twenty-Third Street is 2-lanes of traffic, with sidewalks on each side. 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 5  City of Troy – Complete Streets Checklist Applicability Yes No Is the project located in an area where certain modes of travel are prohibited by XX law, such as an interstate freeways or pedestrian malls?  Does the project consist of purely minor maintenance activities designed to XX  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 5  City of Troy – Complete Streets Checklist Existing Conditions (continued) Y N Description Is this project on a transit route? If yes, are there any bus stops within a ¼ mile of the project area? Is the route to and from the transit route accessible via biking or walking? Describe conditions. Do all sidewalks, ramps, signals, and other facilities within the project area meet ADA standards? (www.ADA.gov) Is there a separated pedestrian assessable route from sidewalks and parking areas to the main entryway of the building? Are there shopping, employment centers, cultural centers, historic sites, landmarks, recreation areas, or other key destinations within ¼ mile of the project area? Are there schools, hospitals, senior centers, community centers, or centers for persons with disabilities within ¼ mile of the project area? Traffic volume / vehicles (AADT) Bicycle volumes Pedestrian volumes Additional notes: Coordination Y N Comments Have local leaders, residents, or organizations been contacted to discuss issues related to walking, bicycling, or transit? Has the Troy Police Department been contacted to discuss any safety issues in the project area? Are existing transit route facilities (bus stops, shelters, pullouts) inadequate or in inconvenient locations? Consult with CDTA. Page 3 of 5  City of Troy – Complete Streets Checklist Project Development Considerations Y N Comments Is there an identified need for bicycle/pedestrian/transit or “way finding” signs that could be incorporated into the project? Is there a history of bicycle or pedestrian crashes in the project area for which improvements should be made? Are there existing curb ramps, crosswalks, pedestrian traffic signal features, or sidewalks that don’t meet ADA standards? Are the sidewalks across driveways designed to accommodate pedestrians with a level walking surface? Is there a perceived pedestrian safety access concern that 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 bike, pedestrian, or transit users which could be addressed by this project? Are there opportunities (or has the community expressed a desire) for new/improved pedestrian level lighting, to create a more inviting or safer environment? Are there gaps in the bike/pedestrian connections between existing/planned generators? (Consider ½ mile for pedestrians and 1 mile for cyclists.) Are there opportunities to improve vehicle parking patterns or to consolidate driveways as a part of this project? Do truck deliveries need to be considered in design? Is the site greater than 1 acre in size? If so, has a SWPP Plan been prepared and submitted? If the site is less than 1 acre in size, what is being proposed to retain storm drainage on-site? Are there opportunities to include green infrastructure 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 as with the use of bicycle lane width and/or signing? Prepared by: __Edward J. Gorman___ Date:___May 22, 2017_ Page 4 of 5  City of Troy – Complete Streets Checklist 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: 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 5 of 5  City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, PVA Holdings, LLC / Edward J. Gorman, the proposed purchaser pursuant to contract, of the property located at 46 Twenty-Third Street, Tax map number, Sec. 101.33 Block 3 Lot 13, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code Section(s) 285-66.3 / 285-100 ( Hoosick Street Professional District), to allow the following as described below or shown on the accompanying drawings which have been denied by the Building Inspector, as specified on the attached Notice of Noncompliance (attach additional sheets as necessary to address any of the following sections). 1. Describe your application as proposed: Change of use of a detached 1-unit residence located at 46 Twenty-Third Street, into an office, comprising 4 rooms of the 1st floor, less than 1000 square feet of space. The property is located within the Hoosick Professional District. The Hoosick Professional District requires 2 off-street parking spaces per 1000 square feet of office space. The site is improved by a one-car detached garage and no other onsite parking. A Major Area Variance for 1 parking space is requested. Signage to the Hoosick Street side is also intended, and A Major Area Variance requested if necessary. 2. Explain why you believe that your variance request will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if it is granted: The intended use as a professional office, law practice, is of minimal impact, and will represent a reduction in the amount of traffic from the current use as a residence. 3. Can the benefit you seek by virtue of this variance application be achieved by revising your proposal? If not, explain why there are no other alternatives. The applicant is advised that the City prefers not to reduce greenspace. While an additional off street parking space could be created, it would require removal of greenspace. Signage on the Hoosick Street side of the property is essential to marketing of the professional Office, and is in keeping with several other signs existing on Hoosick Street in this district. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. The property is located within Section 285-100, entitled Hoosick Street Professional District, thus the proposed usage is specifically fitting. There is no proposed construction, inside or out, and the structure will maintain its current aesthetic appearance and contribution to the neighborhood. 5. Explain why you believe the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. There is no proposed construction, inside or out. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” The existing conditions and character of the property are to remain unchanged. Date: May 22, 2017 Signed: _________________________________ Phone: 518-686-4331 Email: egorman@ejglaw.com Address: 5 Main Street City: Hoosick Falls Zip Code: 12090 Form 20060814 Page 2 of 2 STAFF REPORT ZB 2017-34 ADDRESS: 46 23rd Street (HPD) APPLICANT: Ed Gorman, P.O. Box 68, Hoosick Falls, NY 12090. PROJECT DESCRIPTION: ZB 2017-34 Major Area Variance to allow for a parking deficiency, sign code deficiencies, and several lot characteristics deficiencies, related to a proposal to change a detached 1-unit residence (house) into a law office (with 1 employee) at 46 23rd Street, ID 101.33-3-13, in a HPD zone. 46 23rd Street is a 2-story, 1-unit detached house, on the corner of Troy’s busiest street (Hoosick Street) and a fairly quiet street. The main entrance is a “side entrance” on the quieter street, where the property’s 1-car garage and a blind alley are also located. The parcel is 120’ W x 40 L’ = 4800 square feet (0.11 acres). The applicant wants to purchase it and change it to a law office with only 1 employee, and use the second floor as storage. USAGE: A professional office with 1 employee is simultaneously a permitted use (“Professional office with no more than 10 people”) and an explicitly forbidden use (“Professional office”) in the Hoosick Professional District zone. Choosing the more permissive interpretation, I deem the proposed project not to require a Use Variance. PARKING: The portion of the property to be used for a law office (first floor only) is estimated to be slightly under 1000 square feet. The Hoosick Street districts’ minimum office parking requirement is 2 spaces per 1000 square feet gross floor area. The property currently contains a 1-car garage, and no other on-site parking. There is a blind alley immediately north of the property, and a stone parking bay on the other side of it which can fit one large vehicle. However, the alley should not be used for parking for this property, as it will block the access of a few neighbors to drive through it to reach their own parking spaces on the rear sides of their properties. And the stone bay belongs to, and is used by, the applicant’s northern neighbor. Although it is unadvisable to park on Hoosick Street, there appears to be adequate parking on Twenty-Third Street to accommodate the parking needs of 1 lawyer and his clients. Therefore, the applicant will need a Major Area Variance for 1 parking space. LOT CHARACTERISTICS: The property violates minimum front setback and minimum rear setback requirements. It also, like most other Hoosick Street Professional Districts, violates Hoosick Street Overlay District sidewalk requirements. However, according to § 285-51 (Application of regulations) Part E, pre-existing nonconforming lot characteristics are irrelevant. E. Area requirements such as setbacks, lot coverage, building height, lot area, and lot width shall be applied to new construction only. Existing structures with or without a change of use do not have to meet area requirements of the zone district. New construction shall mean to include increasing the number of dwelling units in any existing building. The proposed change of use will engender a violation of landscaping and screening requirements: “Commercial properties abutting a residential use shall have screening and buffering of at least eight feet in depth. Screening shall include a 5’ H grassed berm, a solid wood or vinyl ornamental fence, and evergreen and deciduous trees, with no less than 50% being evergreen, a minimum of 6’ in height, and planted at intervals no greater than 15 feet on center. Fencing shall be located at the top of the berm.” (Figure D)[5] The applicant has discussed his project with his northern neighbor, who accepts the proposed project without the screening requirement. The applicant has unsuccessfully attempted to contact his eastern neighbor. In any event, eastern screening would be impossible because the distance between the two houses is less than 8 feet. The applicant also wishes a variance from the lighting requirement that “All storefronts, entryways, walking paths, and parking areas shall be adequately lit to at least 0.5 footcandles”, as the business will operate primarily during daylight hours. Finally, the applicant prefers to seek a variance from the street tree requirement, mainly due to visibility obstructions of the sign and intersection. “Street trees are required. Spacing, number, and species of tree shall be at the discretion of the Planning Board. All newly planted trees shall be at least 2” caliper size and shall be a combination of flowering and indigenous trees. Trees must not be planted within 5’ of access drives, within 25’ of preserved existing trees, within bus stop zones, below fire-escape balconies, where blockage to building entrances presents safety concerns, or within 5’ of hydrants, manhole covers, or permanent streetscape furnishings. When planting trees, visibility of traffic signals and way-finding signage (both vehicular and pedestrian forms) must always be maintained.” SIGN CODE: The proposed signage violates the following requirements: No freestanding signs are allowed in the (Hoosick Street) overlay district unless part of mixed- use development signage for three or more businesses. “Height above sidewalks or vehicular ways. In general, unless otherwise specified in this chapter, the bottom edge or surface of any sign structure (except supports attached to the ground) shall be at least the following height above the ground surface within 10 feet of the sign in any direction measured horizontally: Sidewalk/pedestrianway: nine feet.” Note that 3 businesses within sight of this property also violate this requirement. The applicant has stated his intention to work with his not-yet-chosen sign company and engineering firm to ensure that the sign can withstand at least 30 pounds per square inch of wind pressure. Based on the information provided by the applicant, there are no other zoning deficiencies or violations. APPROVALS NEEDED: MAJOR AREA VARIANCE (Parking, screening, lighting, street trees, sign code) SEQRA: The applicant plans to do no outdoor work, unless directed to do so by the Zoning Board or the Planning Commission. Staff recommends that the Board find this proposal to be a TYPE II action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2017-35 ADDRESS: 75-81 Vandenburgh Avenue (B-3) APPLICANT: Troy SRALP, L.P., 20 Corporate Woods Boulevard, Albany, NY 12211 PROJECT DESCRIPTION: ZB 2017-35 Use Variance related to a proposal to install a storage unit business behind Price Chopper, at Hudson Valley Plaza, 75-81 Vandenburgh Avenue, ID 123.21-1-23.1, in a B-3 zone. 75-81 Vandenburgh Avenue is the Hudson Valley Plaza, a shopping center / strip mall, at the very southwest corner of Troy. The entrance is located on a fairly busy street, Vandenburgh Avenue, aka New York State Route 4, with 4 lanes at the point of entrance to the plaza. The plaza currently contains the following tenants: Market 32 (a division of Price Chopper), Rite Aid Pharmacy, Subway, Magic Nails, Ando Salon, Wendy’s, T.J. Maxx, One Dollar, St. Peter’s Urgent Care, and China Wok Buffet. The applicant plans to put 7 storage buildings in back of Market 32, as well as a small office building for the storage business. The total amount of new building space is 101,900 square feet. USAGE: Storage Units, as a primary use (as opposed to storage units only for a business(es) located on the same property, is neither explicitly allowed nor explicitly forbidden anywhere in Troy. Therefore, by default it is a forbidden use, and therefore this project needs a Use Variance. Several storage unit businesses exist elsewhere in Troy:  Campbell Avenue Storage 525 Campbell Avenue (12180)  Lansingburgh Store-It 75 Gurley Avenue (12182)  720 Self Storage 720 Sixth Avenue (12182)  Storage Place 500 River Street (12180)  River Front Self Storage 550 First Avenue (12182) PARKING: Of all of the usages listed in Parking Table 285-91, the one which most closely conforms to it is “Assembly, Packaging, Storage, or Distribution Facility”, which requires a minimum of 1.25 parking spaces per employee. The applicant plans to have about 3 employees in this storage business, which would mandate a minimum of 3.75 spaces, rounded up to 4 parking spaces. The applicant plans to create 4 parking spaces, including 1 handicapped-accessible parking space. Therefore, this project does not require a Major Area Variance related to parking. LOT CHARACTERISTICS: Even with the new construction, all appropriate setbacks and other required B-3 lot characteristics requirements seem to be achieved. Based on the information provided by the applicant there are no other zoning deficiencies or violations. APPROVALS NEEDED: USE VARIANCE SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2017-37 Address: 2-6 101st Street, aka 908 River Street (R-4) Applicant: Nurettin Ulukaya, 17 Patroon Place, Albany, NY 12211 Project Description: ZB 2017-37 Minor Area Variance for rear setback deficiency and greenspace deficiency, related to a proposal to install a removable 8’ x 20’ metal storage shed at 2-6 101st Street (908 River Street), ID 90.54-2-1, in a R-4 zone. Applicant is Nurettin Ulukaya, 17 Patroon Place, Albany, NY 12211 2-6 101st Street, better known as aka 908 River Street, is a 3-building shopping plaza (908 River Street Plaza) on the corner of one of Troy’s major thoroughfares (River Street) and a fairly quite side street (101st Street), right on the unofficial border between the “North Central” and “Lansingburgh” neighborhoods. It appears to be consistently fairly well patronized. The current tenants are Kennedy Fried Chicken and Pizza (2 101st Street), Star Barbershop (4 101st Street), and Andy’s Bottle and Can Return (6 101st Street). The neighborhood is a typical populous R-4 district. A bus stop exists on the parcel, and a bus shelter exists directly across the street, for the very popular CDTA 85 bus route. Although the property’s southward boundary appears to be approximately at the backs of the 3 buildings and the end of the parking lot to the east, the property is actually an irregularly shaped parcel that extends on its south side in back (east) of 906 River Street. The property is almost like a large square, but with 906 River Street taking a small southwestern chuck out of it. Andy’s Bottle and Can Return wishes to extend its presence into the little-used southeastern part of the parcel, by adding a 8’ x 20’ metal storage shed to store additional bottles and cans before they can be picked up by trucks and brought to their ultimate destinations. A new back door will be constructed in the southeast part of the main building closest to the storage shed. The bottom of the shed, as well as the grass between the main building and the storage shed (about 48 square feet) will be paved over with gravel. On October 2, 2016, the applicant received permission to construct a 72’ x 59’ addition to the building, although it says ZB case 2016-23 in Citiview and ZB case 2016-20. Then it went to the Planning Commission as PC 2016-57, and was tabled on 8/24/16, 12/14/16, and 1/25/17. According to the current site plan, this addition does not exist. Apparently, the 8’ x 20’ metal storage shed is a proposed alternative to the proposed storage shed. USAGE: BLD 2013-0955 (November 2013) was for a Building Permit for a tenant fit-up for a bottle redemption center. They did not seek or receive a Use Variance for a bottle redemption center, which technically is neither permitted nor denied in any zone in Troy. It was classified as a “Neighborhood commercial establishments specifically designed to provide daily customer services to the residents of the immediate surrounding residential neighborhood”. Under this classification, the project does not need a Use Variance. PARKING: The parcel consists of 3 combined properties:  Kennedy Fried Chicken and Pizza (2 101st Street) (Restaurant) (1 per 2 seats plus 5 per takeout window) (No seats, just a takeout and delivery restaurant) (So 5 spaces)  Star Barbershop (4 101st Street) (Neighborhood commercial outlet) (1 per 200 sq. ft. floor area) (1200 square feet) (So 6 spaces)  Andy’s Bottle and Can Return (6 101st Street) (Neighborhood commercial outlet) (1 per 200 sq. ft. floor area) (1150 square feet) (So 6 spaces) Total: Minimum of 17 required parking spaces. The parcel already has 22 parking spaces, including the 1 mandatory van-accessible parking space. The proposed project does not affect the number of parking spaces, nor their accessibility. Therefore, this project does not need a Major Area Variance related to parking. LOT CHARACTERISTICS: The minimum required rear setback in an R-4 district is 20 feet. On the western portion of the south side of the lot, the building is placed at the property line. There is no setback. However, as this is a pre-existing condition, a variance for this portion of the rear setback is unnecessary. On the eastern portion of the south side of the lot, the setback is currently 30 feet, but the new addition would reduce it to 4 feet. R-4 lots must contain a minimum of 25 % green space. Currently, this lot appears to be about 12 % green space, and this project will impinge upon it even more, resulting in about maybe 7.5 % green space. Therefore this project requires a MINOR Area Variance for rear setback deficiency and greenspace deficiency. 285-33 E. Area variance, minor. Authorization by the Zoning Board of Appeals that allows a departure to a minor degree from the text of this chapter. Minor area variances include setback and lot coverage of the proposed use for accessory structures and swimming pools in all applicable zones. In order to qualify for a minor area variance, the applicant  must provide evidence of a practical difficulty in meeting the requirements of this chapter. Evidence supporting the applicant's request should include a letter or oral testimony from the applicant's immediately adjacent residential neighbor indicating no objection to the proposed variance. APPROVALS NEEDED: MINOR AREA VARIANCE for rear setback deficiency and greenspace deficiency. Based on the information provided by the applicant there are no other zoning deficiencies or violations. SEQRA: Staff recommends that the Board find this proposal to be a TYPE II action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2017-38 ADDRESS: 8 Biscayne Boulevard (R-1) APPLICANT: Douglas Comstock, 8 Biscayne Boulevard, Troy, NY 12182. PROJECT DESCRIPTION: ZB 2017-38 Minor Area Variance for a setback deficiency related to a proposal to install a 12’ x 20’ prefabricated metal carport over a driveway alongside a detached single house at 8 Biscayne Boulevard, ID 80.35-3-3, in a R-1 zone. Applicant is Douglas Comstock, 8 Biscayne Boulevard, Troy, NY 12182. 8 Biscayne Boulevard is a small (35’ W x 25’ L) 1½ story detached house in an insulated suburban-style cul-de-sac development in the extreme north of Troy, about 75 feet west of the Lansingburgh Reservoir, about 150 feet east of the heavily traveled 2-lane Oakwood Avenue, and about 300 feet south of the heavily traveled 2-lane Northern Drive. The house has a smallish-medium (about 60’ x 60’) front yard (although about half of the back yard is a drainage easement), a medium-sized (about 60’ W x 60’ L) rear yard, and a 13’ W driveway on the east side of the front yard and house. Immediately east of the driveway is a long 25’ strip of lawn, belonging to an adjacent property, as a “recreational accessway”. It is not technically considered an “easement”, because it is owned by the property on the rear (north) side. The applicant wants to attach a 12’ W x 20’ L “T-N-T” carport to the east side of the house, covering a portion of the driveway and presumably one car. The carport consists of a slanted metal roof supported by poles on both sides. Aside from the applicant’s house, the proposed carport will not be near any structures or interfere with any surrounding land uses. USAGE Detached one-unit residences are not only allowed in an R-1 zone, they are the primary intended usage. Carports are also allowed. Therefore, this project does not need a Use Variance. PARKING Detached one-unit residences require two parking spaces, which the current driveway can support whether or not the carport is added. Therefore, this project does not need a Major Area Variance for parking. LOT CHARACTERISTICS The minimum lot width is 70 feet at front building line. The property is only 61.2 feet wide. The maximum density is 5.5 units per acre. One unit on 0.17 acres = 5.88. However, both of these characteristics are pre-existing and unalterable conditions, so they do not require variances.) § 285-51-E: Area requirements such as setbacks, lot coverage, building height, lot area, and lot width shall be applied to new construction only. Existing structures with or without a change of use do not have to meet area requirements of the zone district. The minimum side setback requirement in a R-1 zone is either: a) a minimum of 10 feet on each side; or b) a minimum of 20 feet on both sides combined. There is 12.5’ of space on the left (west) side. The 13’ driveway is sufficient on the right (east) side, but it will be completely negated by the addition of the carport. Therefore, the project needs a Minor Area Variance (removable structure) for Side Setbacks. Based on the information provided by the applicant there are no other zoning deficiencies or violations. APPROVALS NEEDED: MINOR AREA VARIANCE (Side Setbacks) SEQRA: Staff recommends that the Board find this proposal to be a TYPE II action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.  ト恒心¥塞 ㌔謹︑涼町 上巻江 圏図回 i ‑ 圭 ‑ 至 ⁝ i ! 与 ! ! ! i ‑ I ‑ ﹂ 古 壷 ﹁ 圭 ‑ ‑ ‑ ! 宇 ﹂ ÷ ﹁ ! 速薄幸‑﹁ ¥ 日田田園圏 三 ¥ 十 i i i ・ l i ‑ ‑ ‑ ‑ 1 i ‑ 間晴間聞園 圏田園 ′ ′ J ‑ ﹂ ‑ ‑ 1 国嗣 易閏H細田 圏圏 ヽ心 圏 田園国 ′ ﹂ ‑ ‑ ‑ ‑ ‑ 1 i i γ 1 ‑ ︺ ! ノ ! ミ ー ー 圭 ( 1 雷 ′ し ‡ ̀ 1 1 ‑ I ‑ く さ く ﹁ ‑ I I ‑ ﹂ l ‑ ! I ‑ ∫ ‑ ‑ ︑ ‑ す 重 ‑ ‑ ‑ I ‑ さ 主 意 ﹁ ‑ ぐ ﹁ I I ‑ く ら ! ‑ タ ン く ー I 完 へ ィ i ‑ ‑ さ i l ﹃ i ‑ ̀ ‑ く ﹂ ! I し ノ J ‑ ! ‑ ! ・ ・ i 意 ‑ ‑ ‑ ‑ ! ‑ ︑ ‑ ○ ○ i ‑ ‑ ‑ く ‑ I ‑ 教 ‑ し く ‑ 1 " ′ ‑ ÷ , , ‑ ̀ ‑ ‑ I , ・ I ‑ ・ I こ ・ ■ ‑ ‑ ‑ ‑ ‑ ‑ ‑ I ‑ ‑ ‑ ・ 〇 ・ ・ = ‑ ‑ ‑ 1 ‑ ′ ) し ′ { l U 子 l ⊃ シ ● ‑ ■ 了 ¥ ‑ I l ‑ ‑ i 一 つ ・ i l ノ ー I 馬 上態等 ¥¥﹂良禽や芯へ STAFF REPORT ZB 2017-39 ADDRESS: 120 Ida Street (R-4) APPLICANT: Michael Reo, 3 Valente Drive, Wynantskill, NY 12198 PROJECT DESCRIPTION: ZB 2017-39 Use Variance and Major Area Variance to allow for a greenspace deficiency, related to a proposal to convert a vacant welding factory into a vehicle painting business at 120 Ida Street, ID 112.21-10-2, in a R-4 zone. Applicant is Michael Reo, 3 Valente Drive, Wynantskill, NY 12198. 120 Ida Street is an 18,750 square foot concrete block industrial building (currently listed on the Assessor’s Roll as “Light Industrial Manufacturing”) with a long parking lot, bounded on its south side by the Poestenkill Creek. It used to be used for Reo Welding, but has been vacant for awhile. Although it is in an R-4 district, the obvious industrial nature of the building means that it would be difficult to use it for an allowed R-4 use unless substantial changes were made. The applicant wishes to rent the property for use as a vehicle painting and detailing business. USAGE: The proposed use is not allowed in an R-4 zone. Therefore, this project requires a Use Variance. PARKING: The building encompasses 3686 square feet. Because the proposed usage is so unusual, it is not listed in table 285-91 of property usages and their minimum parking requirements. The closest usage that I could find is “Studio and film processing lab” which requires a minimum of 1 parking space per 300 square feet of floor area, which equates to 12.28666666666667 parking spaces, rounded up to 13 parking spaces necessary, one of which must be at least 11 feet wide for handicapped van accessibility. Although this seems to be a bit onerous for a studio and/or film processing lab, the fact that it serves cars means that there should be room for a fair number of cars on the property. It appears that there is 132’ W x 75’ L feet (9900 square feet) of parking lot between the eastern building line and the eastern property line. A row of 13 parking spaces require 12 spaces 9 feet wide apiece (108 feet) plus 1 space 11 feet wide (11 feet), for a total of 119 feet out of the 132 available feet. The minimum length is 18 feet long per car, plus space to turnaround. 75 feet should obviously be more than enough. Therefore, no Major Area Variance is required for parking. However, if the applicant wishes to meet the greenspace requirement, he will have to take parking spots away by removing some of the pavement, and then he will need a parking variance. LOT CHARACTERISTICS: This property, which is 8 feet in front of the Poestenkill Creek, violates the minimum rear setback requirement of 20 feet, unless the property line happens to be in the middle of the creek. However, this is a pre-existing lot characteristic, which is therefore exempt from requiring a variance: § 285-51-E (Application of regulations): Area requirements such as setbacks, lot coverage, building height, lot area, and lot width shall be applied to new construction only. Existing structures with or without a change of use do not have to meet area requirements of the zone district. New construction shall mean to include increasing the number of dwelling units in any existing building. The property violates the minimum green space requirement of 25% of the property. The amount of greenspace looks to be about 12.5 % of the property. However, the applicant cannot increase the amount of greenspace very much without removing parking spaces, and therefore the applicant seeks a Major Area Variance for greenspace. APPROVALS NEEDED: USE VARIANCE, MAJOR AREA VARIANCE (Greenspace) Based on the information provided by the applicant, there are no other zoning deficiencies or violations. SEQRA: Staff recommends that the Board find this proposal to be an UNLISTED action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact. STAFF REPORT ZB 2017-40 ADDRESS: 278 Third Avenue (R-2) APPLICANT: ToddlerTown Daycare, 278 Third Avenue, Troy, NY 12182 PROJECT DESCRIPTION: ZB 2017-40 Use Variance and Major Area Variance to allow for a parking deficiency related to a proposal for a weekday child daycare operator to host young children’s parties on occasional weekends (in day hours), at 278 Third Avenue, ID 90.23-9-1, in a R-2 zone. 278 Third Avenue is a medium-sized, one-story (50’ W x 75’ L), fairly inconspicuous building at the corner of a fairly quiet street (Third Avenue) and an even quieter side street (106th Street), although it is very close to one of Lansingburgh’s two busiest main streets (Second Avenue). It has no side yards or back yards, but a fenced in front yard which is smallish-medium by general standards but fairly large by Lansingburgh standards. The yard contains a small playground, and is used for outdoor activity by the clients. The building has been used as a day care facility for very young children on weekdays for at least the past decade. The daycare proprietor is not the owner of the building. The proprietor wants to expand her operation to offer parties for young children on weekends (daylight hours only). USAGE: Not only the proposed use, but also the current use (daycare), is not allowed in an R-2 district. However, the site has operated as a daycare for at least the last decade, under other owners; therefore, this oversight should not be considered a fault of the current applicant. Therefore, this project requires a Use Variance. PARKING: No off-street parking exists either on the property or in the immediate vicinity. The daycare parking requirement (which would extend to the proposed party use, as there is not really a category in the 285.91 parking table which better describes the party use) is at least 1 parking space per 3 children. Therefore, this project requires a Major Area Variance for parking. LOT CHARACTERISTICS: The property violates the minimum lot area and minimum rear setback requirements. However, these are pre-existing lot characteristics, which are therefore exempt from requiring variances: § 285-51-E (Application of regulations): Area requirements such as setbacks, lot coverage, building height, lot area, and lot width shall be applied to new construction only. Existing structures with or without a change of use do not have to meet area requirements of the zone district. New construction shall mean to include increasing the number of dwelling units in any existing building. Therefore, this project does not require a Major Area Variance for lot characteristics. APPROVALS NEEDED: USE VARIANCE, MAJOR AREA VARIANCE (Parking) Based on the information provided by the applicant there are no other zoning deficiencies or violations. SEQRA: Staff recommends that the Board find this proposal to be a TYPE II action with sufficient information available upon which to make a determination that the project is not expected to cause significant environmental impact.