Zoning Board of Appeals
Regular MeetingTroy, NY · April 3, 2018
Minutes
April 3, 2018 Zoning Board Meeting Minutes
Conroy called the meeting to order at 6 PM.
Attendance: Conroy, McLaren, Normile, Pavlic
McCann was absent due to an unexpected personal emergency.
ZB 2018-06 Charles Hathaway seeks Area Variances for a lot width deficiency and parking
deficiency, related to a proposal to reconvert a 1-unit apartment back into a 2-unit apartment, at 3
Ashland Place (ID 101.77-8-3) in a R-4 zone.
Hathaway described his project.
The original plumbing which accommodates a 2-unit apartment is still there.
Conroy asked why the applicant could not have 2 off-street parking spaces.
Hillary explained that no off-street parking spaces are possible because the yard is inaccessible by any
road.
Normile asked Hathaway if he planned to reside in the project property, to which the answer was
affirmative.
Nobody spoke in favor of the project.
Nobody spoke in opposition to the project.
A motion to declare the project a TYPE 2 SEQR action, which requires no environmental review,
initiated by McLaren and seconded by Normile, passed on a 4-0 vote.
Normile made a motion, seconded by Pavlic, to APPROVE the Area Variance for the parking
deficiency, based on the following findings of fact:
An undesirable change WILL NOT be produced in the character of the neighborhood, or a detriment
to nearby properties WILL NOT be created by the granting of the area variance), because it is in
keeping with the neighborhood character, and there’s no way for it to be remedied.
Conroy: YES McCann: ABSENT McLaren: YES Normile: YES Pavlic: YES
4 Yeses, 0 Nos
Normile made a motion, seconded by Pavlic, to APPROVE the Area Variance for the lot width
deficiency, based on the following findings of fact:
The area variance is not substantial, because it is the way the neighborhood is laid out, and the
applicant had nothing to do with it.
Conroy: YES McCann: ABSENT McLaren: YES Normile: YES Pavlic: YES
4 Yeses, 0 Nos
Therefore, the project is APPROVED in its entirety.
ZB 2018-11, ZB 2018-12 Yavuz Gulluk seeks Area Variances for minimum lot width deficiency,
maximum density, and parking deficiency, related to a proposal to convert two adjoining vacant,
dilapidated 2-apartment buildings into two 4-apartment buildings, for a total of 8 apartment units, at
3249-3251 Seventh Avenue (ID 90.55-8-5, 90.55-8-6) in a R-4 zone.
These properties actually combine to form one building (albeit with a parti-wall in between the two
halves). Because the two adjacent properties on which the building is located have two distinct entries
in Citiview (the City of Troy’s property database software), this project must be listed as two separate
zoning cases.
Because the applicant was out of the country, Tony Trimarchi, of Arkounian/Trimarchi Engineering and
Land Surveying, spoke on behalf of the applicant. 11:30
Trimarchi passed out revised site plans to the Zoning Board members.
Conroy noted that the applicant purchased these properties from the City of Troy at a property auction,
in which the city’s decision to sell these properties to the applicant (as opposed to other interested
buyers) was based at least in part on the applicant’s original plan to rehabilitate this building as 4
combined apartments, which is what the building originally was.
Therefore, if the applicant turns it into 8 apartments, he is breaking a promise to the City.
Trimarchi suggested the idea of creating 6 apartments instead of 4 or 8 (4 on the first floor, and 2 on the
second floor, of the combined buildings.)
Because the applicant was unavailable to answer questions, and Trimarchi did not know all of the
answers, Conroy thought that it would be a good idea to table the case until May 1.
A motion to TABLE the project, initiated by Pavlic and seconded by McLaren, passed on a 4-0 vote.
Therefore, the project is TABLED until May 1, 2018.
ZB 2018-13 Architecture + seeks a Use Variance, and Area Variances for parking deficiency, lot
area deficiency, and excessive density, related to a proposal to convert a vacant combined Catholic
school and convent into 21 apartments and 6 apartments respectively, at 523-525 Fourth Avenue
(80.63-4-2) in a R-2 zone.
NOTE: The applicant is actually St. Augustine’s Church, not the prospective buyer/developer. The
latter does not currently have site control, since they didn’t want to proceed without zoning board
approval, so it was decided that the seller would be the applicant for this case.
Conroy recused herself from this case, as she is a trustee of St. Augustine’s parish, the seller of this
property, and therefore is inclined to have a potential conflict of interest.
Therefore, McLaren chaired the hearing of this case in her stead.
McLaren suggested that:
1) A Special Meeting of the Zoning Board be called in the near future, when the absent member Jack
McCann will hopefully be back in attendance
2) the audio recording of this case be made available to Jack McCann, before he votes on this case
Brian Barker, Principal of Architecture +, described the project.
The applicant has a prospective buyer/developer of the property already, after it has been on the market
for less than 17 months.
The applicant had an overall site plan of the property (with dimensions of the buildings and yards), but
not a DETAILED site plan showing the layout of the individual apartments.
Barker stated that each classroom at 525 Fourth Avenue (the former Catholic school) will be converted
into 1 apartment, for a total of 21 apartments, and that 523 Fourth Avenue (the former convent) will be
converted into 2 apartments on each of the 3 floors, for a total of 6 apartments. The two buildings
combined will have 27 apartments, all with 1 bedroom and 1 bathroom. The basements of the buildings
will contain common amenities but not apartments.
The project will involve considerable interior renovations.
The potential buyer/developer of the property additionally wants to purchase 532 Third Avenue, a large
property across the alley from the subject property, with a dilapidated vacant house and garage that were
destroyed in a fire several years ago. The buyer/developer wishes to demolish the house and garage, and
turn the eastern portion of the property into a 27-space parking lot. As this project needs 27 parking
spaces according to the zoning code, if 532 Third Avenue is converted to a 27-space parking lot, this
project will no longer need a parking variance.
(Note: Two days after the Zoning Board hearing, a revised site plan was given to Hillary. Although it
contained no more detail for 523-525 Fourth Avenue than did the previous one, it contained a detailed
parking lot plan for 532 Third Avenue, which conforms to all applicable zoning code regulations.)
In favor of the project:
Jerry McGarvey, trustee of St. Augustine’s Parish
The school and convent have been vacant for almost 3 years
The parish wants to sell this buildings, because maintaining them is an economic hardship for the
parish
By selling the property, the parish will be able to pay off most of the debt that it has incurred so far
in trying to maintain the properties (utilities, insurance, broken windows, etc.) and keep the school
open
This project will add to the tax rolls
Jim Conroy, realtor for Berkshire Hathaway Real Estate (representing St. Augustine’s parish, the seller)
The property has been fully advertised and marketed
Conroy showed it to about a dozen prospective buyers, none of whom wanted to use it as an
allowable use for an R-2 zone. All of them wanted to make it into apartments, except for one entity
who wanted to make it a school again, but lost interest.
4 people spoke with concerns and/or in opposition to the project:
Too dense for the neighborhood
Fears that it will bring a large influx of young adults into the neighborhood
Parking was an issue, even when it was a school, and will probably continue to be an issue. “A
comment was made (by McGarvey) that there were 21 teachers, and that parking wasn’t a problem.
It wasn’t, because they parked in our spots.”
Wants to know if the project will be low-income housing? (Response: no.)
Wonders how much money the renovation will cost
Would like the buyer to charge high rents, because s/he hopes that this will bring better tenants to the
property
Wants maybe 15-16 apartments, instead of 27
Would like the entrances and exits from the parking lot to be from the alley or the existing driveway
on 114th street, so as to minimize traffic on Third Avenue
Would like the buyer/developer to retain the fence, greenspace, and plantings in the parking lot, and
possibly put a recreation place there
Entreated the buyer/developer to ensure that the project has enough parking, so that the residents
don’t park in the parking lot of the Lansingburgh branch of the Troy Public Library during library
hours
Hopes that some of the historic materials of the house on 532 Third Avenue can be salvaged as the
house is demolished
Hillary asked for those audience members who supported and opposed the project, respectively, to raise
their hands, and took a count:
22 in favor
4 in opposition
McLaren closed the public hearing for this project.
Barker’s rebuttal:
It will be market rate housing, not subsidized housing.
In response to why the project will be as dense as it is (instead of having fewer and larger
apartments), 525 Fourth Avenue (the former Catholic school) has 21 former classrooms, and it’s
easiest to make 1 apartment out of each classroom, so they don’t have to radically reconfigure the
interior, or remove load-bearing partitions.
Because the project is contingent upon Zoning Board Approval, the prospective buyer has not yet
created a final floor plan. However, it is currently creating it for Planning Commission review.
Normile asked if the potential purchaser (who is not the applicant) will accept a stipulation that the
purchaser also purchase 532 Third Avenue, tear down the existing house and garage, and turn it into a
parking lot and greenspace?
Barker said yes.
Normile asked if the potential purchaser would accept a stipulation that the only access to the proposed
parking lot would be from either the existing alley or existing curb cut on 114th Street?
Barker said that he believed that this is the case, but he would be willing to pass the question on to the
purchaser.
Normile asked if the basement of either building would be occupied?
Barker said that the basements will have no apartments, but they will contain tenant amenities, such as a
computer lounge and storage spaces.
Normile asked if the applicant had any floor plans of the proposed apartments?
Barker said not yet.
Barker noted that both 523-525 Fourth Avenue will have handicapped-accessible entrances. The
buyer/developer does not yet know whether they will have elevators, or whether handicapped-accessible
apartments will only be on the first floor.
Normile asked if the potential buyer would accept a stipulation that they must keep the existing iron
fence and some of the greenspace, when developing the 532 Third Avenue parking lot.
Barker said yes.
Normile noted that if 532 Third Avenue is added to this case, then the case will have to come back to
zoning board.
Hillary rebutted that this is not necessarily the case, because according to the zoning code, a parcel can
be solely used as a parking lot, even if a parking lot is not an allowed use in its district, IF it is 300 or
less feet from the parcel which it serves. Thus, it will not need a Use Variance. Only if the parking lot
design violates the parking lot design section of the zoning code (§ 285-83), will the case have to come
before the zoning board again, and in that case, it will only need Area Variances.
McLaren asked if the prospective buyer/developer would consider developing the buildings with fewer
than 27 apartments. Barker replied that this is probably not a possibility. The buyer/developer
definitely plans to have 27 1 BRs or 2 BRs, all in the range of 650-800 square feet per apartment.
Hillary asked for clarification at this point, since up until that point, she had heard that all of the
apartments would be 1 BRs.
Barker responded that the floor plans were not yet finalized, and that the prospective buyer/developer
would prefer to make all 1 BR apartments, but would consider some 2 BR apartments, particularly at
523 Fourth Avenue (the former convent).
David Gonzalez cited Section 81.B.3.c of New York General City Law: “The board of appeals, in the
granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to
address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare of the community.”
Gonzalez was concerned that while the applicant provided a reason why the property could not feasibly
be used for a use permitted in an R-2 zone, he believed that the applicant should also provide an analysis
of the uses in between the proposed usage and the closest use permitted in an R-2 zone, and why they
are also not permissible, in other words why the project had to have 27 apartments, and not 3
apartments, 4 apartments, etc. (2 apartments would be the maximum permissible in an R-2 zone.)
McLaren asked if the potential buyer could provide such information by the time the zoning board meets
again to vote on this case.
A motion to TABLE the project, initiated by Normile and seconded by Pavlic, passed on a 3-0 vote.
ZB 2018-14 Sacred Heart Church seeks Minor Area Variances for a nonconforming sign, related to
a proposal to install an 11’ H, 32 square foot freestanding LED sign (on a 7’ H by 2’8” W pole), next to
the “front” sidewalk, at 310 Spring Avenue (ID 112.58-8-2) in a R-3 zone.
Devon Camenga, principal of Sacred Heart Elementary School, described the project.
Sacred Heart Church will remove 1 parking space in order to install the sign.
The sign has technology than can dim the message(s) as the ambient light dims (according to time of day
and weather), and a timer that can turn the sign off at night.
The sign will be double-sided.
Hillary identified the 4 area variances, which were not well enumerated in the staff report:
Excessive sign size (32 square feet, maximum allowable is 16 square feet)
Setback deficiency (the sign will be located about 11’ inside the curbline, minimum allowable is 15’
inside the curbline)
The sign will be occasionally animated, which is not allowed
Excessive letter height (will be variable, but about 1’ on average, maximum allowable is 4” H)
Steven Strichman, Commissioner of Planning and Economic Development, had submitted two possible
stipulations to the Zoning Board:
1) Sign must be no brighter than 0.3 footcandles
2) Sign must be turned off at night
Normile asked if the applicant was willing to accept these two stipulations.
Conroy said that one stipulation is already met, because the applicant had previously stated that the sign
will be turned off at night.
Regarding the other stipulation, the difficulty lies in converting LED watts to footcandles in order to
find out what constitutes 0.3 footcandles..
Camenga said that he thought that the allowable maximum LED wattage is 50-56 watts.
Hillary responded that the allowable maximum LED wattage is 25-28 watts.
According to Section § 285-97.F of the Zoning Ordinance: “Lighting when employed shall be constant
and shall not exceed 80 watts fluorescent or 150 watts incandescent.”
According to
http://www.usailighting.com/stuff/contentmgr/files/1/92ffeb328de0f4878257999e7d46d6e4/misc/lightin
g_comparison_chart.pdf, 150 incandescent watts equals 25-28 LED watts.
McLaren asked if the applicant would accept the stipulation of a maximum of 0.3 footcandles. Camenga
agreed.
Nobody spoke in favor of the project.
Nobody spoke in opposition to the project.
A motion to declare the project a TYPE 2 SEQR action, which requires no environmental review,
initiated by McLaren and seconded by Normile, passed on a 4-0 vote.
McLaren made a motion, seconded by Pavlic, to:
1) APPROVE the Area Variance for excessive size, based on the following findings of fact:
The proposed variance WILL NOT have an adverse effect in the neighborhood.
2) APPROVE the Area Variance for animation, based on the following findings of fact:
That is in keeping with the idea of having a sign to begin with, so it would not be feasible for the
applicant to not have that animation.
3) APPROVE the Area Variance for a setback deficiency, based on the following findings of fact:
The applicant explained that there was a fence that’s already there. That it’s not really self-
created.
4) APPROVE the Area Variance for excessive letter size, based on the following findings of fact:
In proportion to the sign size, the proposed letter size is appropriate.
(Note: Despite the discussion of stipulations, no stipulations were added to this approval.)
Conroy: YES McCann: ABSENT McLaren: YES Normile: YES Pavlic: YES
4 Yeses, 0 Nos
Therefore, the project is APPROVED in its entirety.
ZB 2018-15 Clifford Bristol seeks Minor Area Variances for a side setback deficiency, rear setback
deficiency, and excessive lot coverage related to a proposal to install a 9¾’ H x 12’ W x 36’ L
prefabricated metal carport with concrete paving under it, in the rear yard of a detached single house at
437 Ninth Avenue (ID 80.72-13-2), in a R-1 zone.
Clifford Bristol described the carport.
Nobody spoke in favor of the project.
Nobody spoke in opposition to the project.
A motion to declare the project a TYPE 2 SEQR action, which requires no environmental review,
initiated by McLaren and seconded by Normile, passed on a 4-0 vote.
Normile made a motion, seconded by Pavlic, to APPROVE the Area Variances for a rear setback
deficiency of an accessory structure, side setback deficiency of an accessory structure, and excessive lot
coverage, based on the following findings of fact:
The requested area variance is NOT substantial, because it’s only putting an unobtrusive roof over
an existing slab.
Conroy: YES McCann: ABSENT McLaren: YES Normile: YES Pavlic: YES
4 Yeses, 0 Nos
Therefore, the project is APPROVED in its entirety.
ZB 2018-16 Neil Pelone Architecture, PLLC seeks Area Variances for a lot area deficiency, lot
width deficiency, excessive density, parking density, and gravel parking lot, related to a proposal to
bring into compliance an addition of a 4th (basement) unit to a 3-unit residence by a former owner, at
156 Third Street (ID 101.61-11-21), in a R-4 zone.
(Note: A typographical error on Hillary’s part in preparing the agenda led to a request for an Area
Variance for parking density, which should have said parking deficiency.)
McLaren asked for confirmation that the last mentioned variance (the gravel parking lot) was rescinded
because after the initial submission of the application, the applicant agreed to pave the parking lot.
Hillary affirmed this.
Neil Pelone described the project.
He explained that the “project”, converting a 3-unit apartment into a 4-bedroom apartment, has already
occurred, and therefore no construction will occur in the future, except for paving the future parking lot.
This case is only to receive legal permission for a project which somebody performed in the past,
without applying for and receiving a Certificate of Occupancy.
The property owner (Gloria Mooney) does not live there, but has owned it for several years. She wants
the property assessment to increase. She may want to refinance the property in the future.
Nobody spoke in favor of the project.
Nobody spoke in opposition to the project.
A motion to declare the project a TYPE 2 SEQR action, which requires no environmental review,
initiated by McLaren and seconded by Normile, passed on a 4-0 vote.
Normile made a motion, seconded by Pavlic, to APPROVE the Area Variances for a lot area deficiency,
lot width deficiency, excessive density, and parking density, based on the following findings of fact:
An undesirable change WILL NOT be produced in the character of the neighborhood, or a detriment
to nearby properties WILL NOT be created by the granting of the area variance, because it’s been in
effect already.
Conroy: YES McCann: ABSENT McLaren: YES Normile: YES Pavlic: YES
4 Yeses, 0 Nos
Therefore, the project is APPROVED in its entirety.
It was suggested by Conroy, and informally agreed (though not voted) that a Special Meeting of the
zoning board would occur at 6 PM on Tuesday, April 17.
Case 2018-13 (523-525 Fourth Avenue) will be the only case in the Special Meeting.
McLaren made a motion, seconded by Normile, to adjourn the meeting at 7:40 PM.
Agenda
Catherine Conroy THE CITY OF Steven Strichman
Chairperson Commissioner of Planning
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 at 6:00 P.M. on Tuesday, April 3, 2018 on the 5th
Floor of 433 River Street, 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 2018-06 Charles Holloway seeks Area Variances for a lot width deficiency and parking
deficiency, related to a proposal to reconvert a 1-unit apartment back into a 2-unit apartment, at 3
Ashland Place (ID 101.77-8-3) in a R-4 zone.
ZB 2018-11, ZB 2018-12 Yavuz Gulluk seeks Area Variances for minimum lot width
deficiency, maximum density, and parking deficiency, related to a proposal to convert two
adjoining vacant, dilapidated 2-apartment buildings into two 4-apartment buildings, for a total of
8 apartment units, at 3249-3251 Seventh Avenue (ID 90.55-8-5, 90.55-8-6) in a R-4 zone.
ZB 2018-13 Architecture + seeks a Use Variance, and Area Variances for parking
deficiency, lot area deficiency, and excessive density, related to a proposal to convert a vacant
combined Catholic school and convent into 21 apartments and 6 apartments respectively, at 523-
525 Fourth Avenue (80.63-4-2) in a R-2 zone.
ZB 2018-14 Sacred Heart Church seeks Minor Area Variances for a nonconforming sign,
related to a proposal to install an 11’ H, 32 square foot freestanding LED sign (on a 7’ H by 2’8”
W pole), next to the “front” sidewalk, at 310 Spring Avenue (ID 112.58-8-2) in a R-3 zone.
ZB 2018-15 Clifford Bristol seeks Minor Area Variances for a side setback deficiency, rear
setback deficiency, and excessive lot coverage related to a proposal to install a 9¾’ H x 12’ W x
36’ L prefabricated metal carport with concrete paving under it, in the rear yard of a detached
single house at 437 Ninth Avenue (ID 80.72-13-2), in a R-1 zone.
ZB 2018-16 Neil Pelone Architecture, PLLC seeks Area Variances for a lot area deficiency,
lot width deficiency, excessive density, parking density, and gravel parking lot, related to a
proposal to bring into compliance an addition of a 4th (basement) unit to a 3-unit residence by a
former owner, at 156 Third Street (ID 101.61-11-21), in a R-4 zone.
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: christine.hillary@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
The City of Troy
Application For Permit
Location of Work: 3 Ashland Pl. Troy, NY 12180
Property Owner: Charles Hathaway Address: 2 Ashland Pl. Troy NY 12180 Phone: 518-894-2947
Contractor: Jasen VonGuinness Address: 9 High St. Hoosick Falls NY 12090 Phone:
Tenant: N/A Address: Phone:
New Building Description Of Work:
Building Addition
X Alterations
-Insulate, sheet rock and paint attic/loft, add short walls for storage space.
Repairs
-Install bathroom and vent on 2nd floor. Install counter and sink to create wet bar area in rear.
Siding
Roofing -Fix sheetrock in bedroom areas where drywall has been compromised, prep for final coat.
Sign
Sitework Current Use: Owner Occupied
Miscellaneous
Excavation Proposed Use: Tenant Occupied
Construction Trades Construction Cost Contractors Information
General
X $19,000 Jasen VonGuinness
X Plumbing
Jasen to subcontract out for plumbing
Electrical
HVAC
Demolition
Excavation
Other
Total: $19,000
I hereby make application for issuance of a permit for work described above. I agree that no person will
be employed without providing workers compensation and disability benefits law coverage, as required
by state law, and that all applicable ordinances of the City shall be complied with. I declare. Subject to
penalty of perjury that statements made herein are true and correct to the best of my knowledge.
X OWNER
APPLICANT’S SIGNATURE Chaz .
CONTRACTOR APPLICANT’S NAME (PRINT) Charles Hathaway .
OTHER APPLICANT’S EMAIL Nectar8990@gmail.com .
. DATE 01-25-2018 .
Buildingpermits@troyny.gov (518-687-1140)
The City of Troy, NY Code Enforcement Forms 01/15
STAFF REPORT ZB 2018-06
ADDRESS: 3 Ashland Place (ID 101.77-8-3) (R-4)
APPLICANT: Charles Hathaway, 2 Ashland Place, Troy, NY 12180
PROJECT DESCRIPTION:
ZB 2018-06 Charles Holloway seeks Area Variances for a lot width deficiency and parking
deficiency, related to a proposal to reconvert a 1-unit apartment back into a 2-unit apartment, at
3 Ashland Place (ID 101.77-8-3) in a R-4 zone.
Parking deficiency:
Per Section § 285-55.F.1.b of the Zoning Ordinance: Rehabilitated residences in a R-4 zone
must have at least 1 off-street parking space per unit.
Since this property will have 2 residential units in an R-4 zone, it requires a minimum of 2
off-street parking spaces.
This property has and will continue to have 0 off-street parking spaces, which is a parking
deficiency of 2 spaces.
The geographical constraints of this property make it impossible to have any off-street
parking.
Lot width deficiency:
a. Per Section § 285-55.D.2.a of the Zoning Ordinance: All residential properties in an R-4
zone must have a minimum lot width (at front building line) of at least 15 feet per unit.
b. This property is 21.67’ W, and will have 2 residential units.
c. Therefore, the property will be 10.835’ W per residential unit, a deficiency of 4.165’ W.
APPROVALS NEEDED: Area Variances
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance,
because ___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.)
SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 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 2018-06
ADDRESS: 3 Ashland Place (ID 101.77-8-3) (R-4)
APPLICANT: Charles Hathaway, 2 Ashland Place, Troy, NY 12180
PROJECT DESCRIPTION:
ZB 2018-06 Charles Holloway seeks Area Variances for a lot width deficiency and parking
deficiency, related to a proposal to reconvert a 1-unit apartment back into a 2-unit apartment at 3
Ashland Place (ID 101.77-8-3) in an R-4 zone.
Variance 1: Parking deficiency
§ 285-55.F.1.b of the Zoning Ordinance: 2 required where 0 exist.
The geographical constraints of this property make it impossible to have any off-street
parking.
Variance 2: Lot width
§ 285-55.D.2.a: Lot is 21.67’ wide where 30’ is required: a deficiency of 4.165’
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance,
because ___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.)
SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 action which
requires no environmental review.
STAFF REPORT ZB 2018-11, ZB 2018-12
ADDRESS: 3249-3251 Seventh Avenue (ID 90.55-8-5, 90.55-8-6) (R-4)
APPLICANT: Yavuz Gulluk, 2333 Sixteenth Street, Troy, NY 12180
PROJECT DESCRIPTION:
ZB 2018-11, ZB 2018-12 Yavuz Gulluk seeks Area Variances for minimum lot width
deficiency, maximum density, and parking deficiency, related to a proposal to convert two
adjoining vacant, dilapidated 2-apartment buildings into two 4-apartment buildings, for a total of
8 apartment units, at 3249-3251 Seventh Avenue (ID 90.55-8-5, 90.55-8-6) in a R-4 zone.
Area Variance 1 lot width deficiency
§ 285-55.D.2.a. 120’ lot width required where 50’ exists (15’ per unit required)
Area Variance for maximum density
§ 285-55.D.5 66.7 units per acre needed where 40 units per acre is allowed
Each property is 0.06 acres, with 4 units
Area Variance for parking deficiency
§ 285-55.F.1.b 8 parking spaces required where only 4 exist
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance,
because ___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.)
SEQRA:
Staff recommends that the Board find this proposal to be a TYPE 2 ACTION which requires no
further environmental review.
The City of Troy
Application For Permit
Location of Work: 525 & 523 4th Avenue (St. Augustine’s School & Convent)
Property Owner: St. Augustine’s Church Address: 25 115th Street, Troy, NY Phone: (518) 272-4481
Contractor: TBD Address: NA Phone: NA
Tenant: TBD Address: NA Phone: NA
New Building Description Of Work:
Building Addition Conversion of the St. Augustine’s School and Convent into an apartment building.
Alterations
Repairs 21 apartments proposed for the school building and 6 apartments proposed for the
Siding
Roofing Convent building.
Sign
Current Use: Vacant school building and early education center.
Sitework
Miscellaneous
Excavation Proposed Use: R-2, Apartment Building
Construction Trades Construction Cost Contractors Information
General TBD NA
Plumbing TBD NA
Electrical TBD NA
HVAC TBD NA
Demolition
Excavation
Other
Total: TBD
I hereby make application for issuance of a permit for work described above. I agree that no person will
be employed without providing workers compensation and disability benefits law coverage, as required
by state law, and that all applicable ordinances of the City shall be complied with. I declare. Subject to
penalty of perjury that statements made herein are true and correct to the best of my knowledge.
OWNER APPLICANT’S SIGNATURE
CONTRACTOR APPLICANT’S NAME (PRINT) Brian L. Barker AIA
OTHER APPLICANT’S EMAIL barkerb@aplususa.com
DATE March 14, 2018
Buildingpermits@troyny.gov (518-687-1140)
The City of Troy, NY Code Enforcement Forms 01/15
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:
Conversion of St. Augustine's School and Convent into an Apartment Building
Project Location (describe, and attach a location map):
525 & 523 4th Avenue, Troy, NY 12182. See attached Site Plan for reference.
Brief Description of Proposed Action:
The Owner of 525 & 523 4th Avenue (St. Augustine’s Church & Convent) is seeking a use variance to allow the buildings to be converted to an
R-2, Apartment Building Use with 21 apartments proposed for the school building and 6 apartments proposed for the convent.
Name of Applicant or Sponsor: Telephone: 518-272-4481
St. Augustine's Church (Brian Barker, Architecture+ acting as Owner's representative) E-Mail: barkerb@aplususa.com
Address:
297 River Street
City/PO: State: Zip Code:
Troy New York 12180
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? ___________
.41 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
.41
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: Brian L. Barker, (Architecture+ acting as Owner Agent)
___________________________________________ Date: March 14, 2018
___________________________
Signature: _______________________________________________________
PRINT FORM Page 3 of 3
City of Troy – Complete Streets Checklist
PROJECT INFORMATION Date: March 14, 2018 Case Number:
Project Name/Description:
St. Augustine’s School and Convent
Project Location/ Limits:
525 and 523 4th Avenue
General Description of Existing Traffic Patterns (vehicle, transit, pedestrian, bicycle, freight):
Two way vehicular streets, pedestrian sidewalks, residential urban neighborhood (Zoned R-2),
No bicycle lane markings on roadways.
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 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 X 70’
Street pavement width (curb to curb) X Approx. 40’
Street pavement material and condition X Asphalt, serviceable.
Sidewalk widths (curb to edge of ROW) – both sides X Approx. 17’
Sidewalk pavement material and condition – both sides X Concrete, serviceable.
Is there a curb separating driving or parking lane from X 6” curb in good
sidewalk? (Curb height and condition) condition
Is there a curb to sidewalk buffer utility strip? (width, X
material, and condition)
Sidewalk to edge of ROW width and condition. Are there X All sidewalks are in
steps or other encroachments? If so, describe width and serviceable condition.
condition.
Is on-street parking present? (one side, both sides, X Approximately 11
parallel, diagonal, etc.) spaces.
Est. % occupied day, Est. % occupied evening
Are driving lane widths (12’ minimum to 13½’ preferred), X
pavement conditions, and pavement marking conditions
adequate for bicycling?
Are there pavement markings or signs posted indicating X
shared use of the road?
Do bicycling facilities, such as marked bike lands or bike X Unaware of any
trails exist within a 300 ft. radius of the project area? If marked bicycle lanes
not, are any planned? Is this site located on NYS Bike in the neighborhood.
Route #9?
Is there bicycle parking within 50 ft. of the project area? X
(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 X
stops within a ¼ mile of the project area?
Is the route to and from the transit route accessible via X
biking or walking? Describe conditions.
Do all sidewalks, ramps, signals, and other facilities within X
the project area meet ADA standards? (www.ADA.gov)
Is there a separated pedestrian assessable route from X
sidewalks and parking areas to the main entryway of the
building?
Are there shopping, employment centers, cultural centers, X
historic sites, landmarks, recreation areas, or other key
destinations within ¼ mile of the project area?
Are there schools, hospitals, senior centers, community X
centers, or centers for persons with disabilities within ¼
mile of the project area?
Traffic volume / vehicles (AADT) Unchanged
Bicycle volumes Unchanged
Pedestrian volumes Unchanged
Additional notes:
Coordination Y N Comments
Have local leaders, residents, or organizations been X
contacted to discuss issues related to walking, bicycling, or
transit?
Has the Troy Police Department been contacted to discuss X
any safety issues in the project area?
Are existing transit route facilities (bus stops, shelters, X
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 X
or “way finding” signs that could be incorporated into the
project?
Is there a history of bicycle or pedestrian crashes in the X
project area for which improvements should be made?
Are there existing curb ramps, crosswalks, pedestrian X
traffic signal features, or sidewalks that don’t meet ADA
standards?
Are the sidewalks across driveways designed to X
accommodate pedestrians with a level walking surface?
Is there a perceived pedestrian safety access concern that X
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 X
bike, pedestrian, or transit users which could be addressed
by this project?
Are there opportunities (or has the community expressed X
a desire) for new/improved pedestrian level lighting, to
create a more inviting or safer environment?
Are there gaps in the bike/pedestrian connections X
between existing/planned generators? (Consider ½ mile
for pedestrians and 1 mile for cyclists.)
Are there opportunities to improve vehicle parking X
patterns or to consolidate driveways as a part of this
project?
Do truck deliveries need to be considered in design? X
Is the site greater than 1 acre in size? If so, has a SWPP X
Plan been prepared and submitted?
If the site is less than 1 acre in size, what is being proposed X City storm sewer.
to retain storm drainage on-site?
Are there opportunities to include green infrastructure X Some empty street
which may help reduce stormwater runoff and/or create a tree planting areas.
more inviting pedestrian environment? (street trees,
planting strips, etc.)
Are there opportunities to improve cyclist operations such X
as with the use of bicycle lane width and/or signing?
Prepared by: Brian L. Barker (acting as Owner’s representative for St. Augustine’s Church
Date: March 15, 2018
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:
Opportunities exist on site for more street trees, bicycle parking, building lighting and better
handicapped access.
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 Use Variance
of Chapter 285; Zoning Code
TO THE BOARD OF ZONI NG APPEALS:
I, _Brian L. Barker (acting as Owner’ s representative) the owner of the property located at,
525 & 523 4th Avenue, Tax map number, Sec. 80.56, Fourth Ave. and 114th Street, Lot #80.63-4-2,
Hereby petition the Board of Zoning Appeals of the City of Troy to grant a variation of the Zoning
Code Section(s) 285-53 R-2 Two-Family Residential, 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:
The Owner of 525 & 523 4th Avenue (St. Augustine’ s Church & Convent) is seeking a Use
Variance to allow the buildings to be converted to an R-2, Apartment Building Use with 21 one
bedroom apartments proposed for the school building and 6 one bedroom apartments proposed
for the convent. Off-street parking for 27 parking spaces is proposed to be accommodated
through the acquisition of 532 3rd Avenue directly across the alley to the west. The proposed
apartment building would fall under the City of Troy’ s R-4 Urban Residential Neighborhood
Zoning Use.
2. Demonstrate to the Board of Zoning Appeals that for every use permitted by the Zoning Code
under the regulations for that district in which the property is located that the property cannot
yield a reasonable return, and provide financial evidence to prove this conclusion.
The school and adjacent early education center are no longer in use and have been for sale for
seventeen months. The buildings were constructed as an elementary school and a convent.
Prospective buyers of the property have been proposing to convert the buildings into apartment
buildings with no other prospective offers for other uses. The neighborhood is an R-2 zone that
allows one and two family dwellings, community gardens, community residences, congregate
living facilities and rooming houses. Special permitted uses include churches and non-public
elementary and secondary schools.
None of the permitted uses are feasible for this property due to its excessive size. The facility
totals approximately 34,000 gross square feet above grade on an 18,000sf parcel. The parcel
under the current R-2 zone requires a minimum lot area of 3,500sf per unit which will allow only
5 units on the site. If the prospective buyer invests only $100/sf to convert the property at a cost
of $3,400,000, the cost per allowed rental unit would be $680,000 exclusive of site development
costs. This creates a 30+ year payback period to pay for the initial investment alone exclusive of
site development costs, taxes, insurance and property maintenance. The development costs are
economically infeasible for the rental income yield of five units.
Page 1 of 2
3. Explain how the alleged hardship relating to your property is unique when you compare it to
similar properties and does not apply to a substantial portion of the neighborhood:
The school and convent buildings are too large to be redeveloped as one and two family
dwellings and the prospect of them continuing as a school and early education center is not likely
given that the properties have received no such offers from prospective buyers over seventeen
months. As demonstrated in response No. 2, a $680,000 per unit development cost is not in
keeping with the neighborhood. The median home value in Troy is approximately $142,600.
4. Explain why the character of the neighborhood will not be altered if this use variance is granted:
The existing school and convent buildings have been a neighborhood anchor for over a century
and will continue to be maintained and kept in service by the prospective buyer. No major
alterations are proposed for the historic building exteriors which are proposed to be repaired and
maintained. The proposed use as an apartment building will add a positive community presence
and neighbors to the existing neighborhood fabric. Parking for residents is proposed to be
accommodated on site through the acquisition of a neighboring lot to the west which is currently
occupied by a burned out residence and garage. The apartments are being proposed as market rate
apartments which will add to the tax base and economic vitality of the neighborhood.
5. Explain how the hardship relating to the use of the property arose and why the hardship was not
self-created (Purchasing property without checking to see if the existing or proposed use is legal
under zoning is a self-created hardship):
The original use of the building was an elementary school and convent which are currently
allowed in the R-2 zone. The school was unable to continue due to financial hardships as a result
of declining enrollment and therefore not self-created. It is the desire of the Owner/Applicant to
sell the properties to a responsible buyer/developer that will continue to maintain and use the
properties. The only offers for the property over the last seventeen months have come with the
prospect of converting the buildings into apartments. No prospective buyers have come forward
desiring to continue the school use or any of the allowed uses within the R-2 zone. Granting the
Use Variance and allowing an apartment building use will allow the current prospective buyer to
move forward with the development of the properties.
Page 2 of 2
Date: March 14, 2018 Signed: Brian L. Barker (Architecture+ acting as
Owner’ s representative)
Address: 297 River Street
City: Troy, NY 12180
Phone: 518.272.4481
Email: barkerb@aplususa.com
Page 3 of 2
City of Troy
Application for Area Variance
of Chapter 285; Zoning Code
TO THE BOARD OF ZONI NG APPEALS:
I, Brian L. Barker (acting as Owner’ s representative) the owner of the property located at,
525 & 523 4th Avenue, Tax map number, Sec. 80.56, Fourth Ave. & 114th Street, Lot #80.63-4-2,
hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code
Section(s) 285-53 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:
The Owner of 525 & 523 4th Avenue (St. Augustine’ s Church & Convent) is seeking an area
variance for 1) Minimum lot area and 2) Maximum Density to allow the buildings to be
converted to an Apartment Building Use with 21 one-bedroom apartments proposed for the
school building and 6 one-bedroom apartments proposed for the convent.
Off-street parking for 27 parking spaces is proposed to be accommodated through the acquisition
of 532 3rd Avenue directly across the alley to the west. The proposed apartment building would
fall under the City of Troy’ s R-4 Urban Neighborhood Residential Zoning Use.
The current parcel is zoned R-2, Two-Family Residential and exceeds the minimum lot area and
maximum density requirements for this zone. The minimum required lot area for an R-2 zone is
is 3500 sq. ft. per unit. The proposed lot area per unit is 667 sq.ft.
The maximum density for an R-2 zone is 12 units per acre. The proposed density is
approximately 64 units per acre.
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:
Granting a variance for minimum lot area will not change the character of the neighborhood
because the intended use is within the existing school and convent and will not change how the
buildings stood in the neighborhood for over a century.
Granting a variance for maximum density will help maintain the character of the neighborhood
by fully utilizing all floors of the existing school and convent and keeping the buildings in
productive use, add to the tax base, and economic vitality of the neighborhood.
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.
Form 20060814 Page 1 of 2
No. The existing buildings cannot be modified to meet the minimum lot area requirements.
Lowering the density of the project would create buildings that are partially empty, underutilized
and economically unfeasible.
4. Explain why you believe the proposed variance is not substantial.
The building has been in service for over a century and part of the neighborhood fabric. Keeping
the existing building in service and developing the blighted 3rd Avenue parcel to the west will
improve the quality of life in the neighborhood maintain its character.
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.
The existing school and convent buildings have been a neighborhood anchor for over a century
and will continue to be maintained and kept in service by the prospective buyer. No major
alterations are proposed for the historic building exteriors which are proposed to be repaired and
maintained. The proposed use as an apartment building will add a positive community presence
and neighbors to the existing neighborhood fabric. Parking for residents is proposed to be
accommodated on site through the acquisition of a neighboring lot to the west which is currently
occupied by a burned out residence and garage. The apartments are being proposed as market rate
one-bedroom apartments which will add to the tax base and economic vitality of the
neighborhood.
6. Explain why you believe the difficulty that requires the variance was not “ self-created.”
The school was unable to continue due to financial hardships and declining enrollment. It is the
desire of the Owner to sell the properties to a responsible buyer that will continue to maintain and
use the properties. The only offers for the property over the last seventeen months have come
with the prospect of converting the buildings into apartments. No prospective buyers have come
forward desiring to continue the school use. Granting the Area Variances and allowing an
apartment building use will allow the current prospective buyer to move forward with the
development of the properties.
Date: March 14, 2018 Signed: Brian L. Barker (Architecture+ acting as
Owner’ s representative)
Address: 297 River Street
City: Troy, NY
Zip Code: 12180
Phone: 518.272.4481
Email: barkerb@aplususa.com
Form 20060814 Page 2 of 2
Form 20060814 Page 3 of 2
City of Troy
Application for Area Variance
of Chapter 285; Zoning Code
TO THE BOARD OF ZONI NG APPEALS:
I, Brian L. Barker (acting as Owner’ s representative) the owner of the property located at,
525 & 523 4th Avenue, Tax map number, Sec. 80.56, Fourth Ave. & 114th Street, Lot #80.63-4-2,
hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code
Section(s) 285-53, 54, 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:
The Owner of 525 & 523 4th Avenue (St. Augustine’ s Church & Convent) is seeking an area
variance for parking to allow the buildings to be converted to an Apartment Building Use with 21
one-bedroom apartments proposed for the school building and 6 one-bedroom apartments
proposed for the convent.
Off-street parking for 27 parking spaces is proposed to be accommodated through the acquisition
of 532 3rd Avenue directly across the alley to the west. The proposed apartment building would
fall under the City of Troy’ s R-4 Urban Neighborhood Residential zoning use.
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 required parking (27 off-street spaces) is proposed to be accommodated through the
acquisition of an adjacent parcel across the alley to the west of the property. The adjacent
property contains a burned out house and garage and is available for sale.
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 proposed site can accommodate approximately 3-5 off-street parking spaces only.
Approximately 11 on-street parking spaces are available along the site’ s street frontage on 4th
Avenue and 114th Street. These combined do not meet the required off-street parking
requirement.
Form 20060814 Page 1 of 2
4. Explain why you believe the proposed variance is not substantial.
While the off-street parking requirement cannot be met on the subject parcel, the availability of
the adjacent 3rd Avenue parcel across the alley to the west allows the proposed project as a whole
to meet the off-street parking requirement as stated in the City Zoning Ordinance for a
rehabilitation project within the R-4 zone.
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.
The existing school and convent buildings have been a neighborhood anchor for over a century
and will continue to be maintained and kept in service by the prospective buyer. No major
alterations are proposed for the historic building exteriors which are proposed to be repaired and
maintained. The proposed use as an apartment building will add a positive community presence
and neighbors within the existing neighborhood fabric. Parking for residents is proposed to be
accommodated on site through the acquisition of a neighboring lot to the west which is currently
occupied by a burned out residence and garage. The apartments are being proposed as market rate
apartments which will add to the tax base and economic vitality of the neighborhood.
6. Explain why you believe the difficulty that requires the variance was not “ self-created.”
The school was unable to continue due to financial hardships and declining enrollment. It is the
desire of the Owner to sell the properties to a responsible buyer that will continue to maintain and
use the properties. The only offers for the property over the last seventeen months have come
with the prospect of converting the buildings into apartments. No prospective buyers have come
forward desiring to continue the school use. Granting the Area Variance and allowing an
apartment building use will allow the current prospective buyer to move forward with the
development of the properties.
Date: March 14, 2018 Signed: Brian L. Barker (Architecture+ acting as
Owner’ s representative)
Address: 297 River Street
City: Troy, NY
Zip Code: 12180
Phone: 518.272.4481
Email: barkerb@aplususa.com
Form 20060814 Page 2 of 2
STAFF REPORT ZB 2018-13
ADDRESS: 523-525 Fourth Avenue (80.63-4-2) (R-2)
APPLICANT: Architecture+, 297 River Street, Troy, NY 12180
ZB 2018-13 Architecture + seeks a Use Variance, and Area Variances for parking deficiency, lot
area deficiency, and excessive density, related to a proposal to convert a vacant combined Catholic
school and convent into 21 apartments and 6 apartments respectively, at 523-525 Fourth Avenue
(80.63-4-2) in a R-2 zone.
Use Variance
Sections 285-12, 285-53.B, and 285-53.C: This project is neither an Allowed Use or a Special
Permit Use in an R-2 zone.
Area Variance 1 for Minimum Lot Area
Section 285-53.D.1.b: Property is 18,000 square feet, and will have 27 units, which is 666.67 square
feet per unit. Minimum required lot area for a two-family residence (the closest listed usage to the
property’s usage) in a R-2 zone is 3500 square feet per unit.
Area Variance 2 for Maximum Density
Section 285-53.D.5.b: Property will have 27 units on 0.42 acres, which is 64.3 units per acre.
Maximum allowable density for a two-family residence (the closest listed usage to the property’s
usage) in a R-2 zone is 12 units per acre.
Area Variance 3 for Parking Deficiency
Default zoning code requirement of 1 required parking space per rehabilitated unit: The project,
which will have 27 units, will require 27 parking spaces. Currently, it has none.
USE VARIANCE
I move to approve/deny the Use Variance based on the following findings of fact:
1. The land, property, structure, or building in question can/cannot yield a reasonable economic return if
used only for a purpose allowed in the zone, because
_________________________________________________________________
2. The need for the variance was / was not caused by the applicant, because
____________________________________________________________________________
3. The use shall / shall not alter the essential character of the neighborhood, nor depreciate aesthetic or
property values of the locality, because
____________________________________________________________________________
4. The plight of the owner is / is not due to unique circumstances instead of the general conditions in the
neighborhood, which may reflect the unreasonable uses of the zoning ordinance itself, because
______________________________________________________________________
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance, because
___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily
preclude the granting of the area variance.)
SEQRA:
Staff recommends that the Board find this proposal to be a 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 2018-14
ADDRESS: 310 Spring Avenue (sign only) (ID 112.58-8-2) (R-3)
APPLICANT: Sacred Heart Church, 310 Spring Avenue, Troy, NY 12180
ZB 2018-14 Sacred Heart Church seeks Minor Area Variances for a nonconforming sign, related to a
proposal to install an 11’ H, 32 square foot freestanding LED sign (on a 7’ H by 2’8” W pole), next to the
“front” sidewalk, at 310 Spring Avenue (ID 112.58-8-2) in a R-3 zone.
Area Variances for a nonconforming sign
Section 285-97.F: “Bulletin boards or signs of churches or educational uses shall not exceed 16 square feet in
area, and one may be located on each principal building on the site or 15’ inside the curbline … Lighting when
employed shall be constant and shall not exceed 80 watts fluorescent or 150 watts incandescent.”
http://www.usailighting.com/stuff/contentmgr/files/1/92ffeb328de0f4878257999e7d46d6e4/misc/lighting_com
parison_chart.pdf: 150 incandescent watts equals 25-28 LED watts.
Section § 285-100.D of the Zoning Ordinance: “Individual letters or business identification signs in the R-3
Zone shall be of such size, style and spacing as to be readable by the public at a distance of no less than 75’ (2”
H letters) or no more than 150’.”
The sign area will be 8’ L x 4’ H = 32 square feet. Per the applicant’s estimate, the sign will be about 6-7’
inside the curbline. Lighting will be animated occasionally, and will not be entirely constant. The sign will be
___ LED watts. The sign is equipped with technology to dim the sign during the evening time as well as put on
a timer to be turned of during city mandated black out times. Letter height will be variable, but about 1’ on
average.
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a detriment to
nearby properties will / will not be created by the granting of the area variance, because
___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the applicant to
pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not necessarily
preclude the granting of the area variance.)
SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 ACTION.
STAFF REPORT ZB 2018-15
ADDRESS: 437 Ninth Avenue (ID 80.72-13-2) (R-1)
APPLICANT: Clifford Bristol, 437 Ninth Avenue, Troy, NY 12182
PROJECT DESCRIPTION:
ZB 2018-15 Clifford Bristol seeks Area Variances for a side setback deficiency, rear setback
deficiency, and excessive lot coverage related to a proposal to install a 9¾’ H x 12’ W x 36’ L
prefabricated metal carport with concrete paving under it, in the rear yard of a detached single
house at 437 Ninth Avenue (ID 80.72-13-2), in a R-1 zone.
Area Variance 1 for a rear setback of an accessory structure
§ 285-70.J.1.c 5’ required where 4.5’ is requested
Area Variance 2 for a side setback of an accessory structure
§ 285-70.J.1.c 5’ required where 3’ north and 1’south is requested
Area Variance 3 for excessive lot coverage
§ 285-52.D.4, lot cover exceeding 70% where 40% is allowed.
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance,
because ___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.)
SEQRA:
Staff recommends that the Board find this proposal to be a TYPE 2 ACTION which requires no
further environmental review.
Short Environmental Assessment Form
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:
156 3rd Street
Project Location (describe, and attach a location map):
156 3rd Street
Brief Description of Proposed Action:
Update certificate of occupancy from three units (1st, 2nd & 3rd floors) to four units (basement). All units are existing. No work proposed.
Name of Applicant or Sponsor: Telephone: 518-326-3911
Neil Pelone Architecture PLLC E-Mail: neilpelone@nparch.com
Address:
16 2nd Street 1st Floor
City/PO: State: Zip Code:
Troy NY 12180
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:
Building permit ✔
3.a. Total acreage of the site of the proposed action? ___________
.07 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
.07
4. Check all land uses that occur on, adjoining and near the proposed action.
Urban
✔ Rural (non-agriculture) Industrial Commercial Residential (suburban)
Forest Agriculture Aquatic Other (specify): _________________________
Parkland
1BHFPG
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
STAFF REPORT ZB 2018-16
ADDRESS: 156 Third Street (ID 101.61-11-21) (R-4)
APPLICANT: Neil Pelone, AIA, LEED, AP, Principal, Neil Pelone Architecture, PLLC,
16 Second Street, First Floor, Troy, NY 12180
ZB 2018-16 Neil Pelone Architecture, PLLC seeks Area Variances for a lot area deficiency,
lot width deficiency, excessive density, parking density, and gravel parking lot, related to a
proposal to bring into compliance an addition of a 4th (basement) unit to a 3-unit residence by a
former owner, at 156 Third Street (ID 101.61-11-21), in a R-4 zone.
Area Variance 1 for a lot area deficiency
§ 285-55.D.1.a Lot is 3,250 sq.ft where 4,000 is required (1,000 per unit)
Area Variance 2 for a lot width deficiency
§ 285-55.D.2.a Lot is 25’ wide where 60’ is required (15’ per unit)
Area Variance 3 for excessive density
§ 285-55.D.5 project has 4 units on 0.07 acres (57.14/acre where 40 is allowed).
Area Variance 4 for parking density
§ 285-55.F.1.b four parking spaces required where only 2 exist.
Area Variance 5 for gravel parking lot
Per Section § 285-83.A.4 gravel parking where finished parking surface is require
AREA VARIANCE
I move to approve/deny the Area Variance based on the following findings of fact:
1. An undesirable change will / will not be produced in the character of the neighborhood, or a
detriment to nearby properties will / will not be created by the granting of the area variance,
because ___________________________________________________________________
2. The benefit sought by the applicant can / cannot be achieved by some method feasible for the
applicant to pursue, other than an area variance, because
__________________________________________________________________________
3. The requested area variance is / is not substantial, because
__________________________________________________________________________
4. The proposed variance will / will not have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district, because
___________________________________________________________________________
5. The alleged difficulty was / was not self-created, because
___________________________________________________________________________
(Consideration 5 shall be relevant to the decision of the Board of Appeals, but shall not
necessarily preclude the granting of the area variance.)
SEQRA: Staff recommends that the Board find this proposal to be a TYPE 2 ACTION
requiring no further environmental review.
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