Zoning Board of Appeals

Catherine Conroy Steven Strichman Chairperson Commissioner of Planning Phone (518) 279-7166 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 public hearing at 6:00 P.M. on August 18 to act upon the following requests for approvals & appeals from decisions made by the Bureau of Code Enforcement of the City of Troy. Due to COVID-19 the hearing will be conducted online using Zoom video conferencing software. The link and access code will be listed on the ZBA webpage: http://www.troyny.gov/government/boards-commissions/zoning-board-of-appeals/agenda-minutes/ Members of the public can submit comment prior to the meeting via email or during the public comment period. Old Business (Confirming Votes from the July’s Meeting) Applicant is seeking a renewed approval/extension: PLZB 2019-95 The Community Builders, Inc. seeks Area Variances for 244-246 First Street (100.84-6-10) to construct an 84-unit apartment building with no front and side setbacks (10’ required) and 111 parking spaces (164 required). R4 Applicant is seeking a renewed approval/extension: ZB 2018-01 United Armenian Calvary Congregational Church requests a Use Variance, as well as Area Variances for a lot area deficiency and excessive density, related to a proposal to convert a church into 8 apartments, with a combined total of 27 bedrooms and 13 parking spaces, at 144 Ninth Street (ID 101.39-6-11) in a R-2 zone. Administrative Appeal - St. Joseph Church is seeking to appeal a fee amount from the Building Permits Department PLZB 2020-22 Emilie Flanagan seeks and Area Variance for 222 2nd Ave (100.84-5-1) for a parking deficiency (0 parking spaces proposed, 3 required). R4 PLZB 2020-23 Malgorzata Raczkowski seeks an Area Variance for 822 River Street for a parking deficiency (0 parking spaces proposed, up to 10 required). R4 New Business PLZBA20200034 - 386 First Street (111.36-11-1) - Special Use Permit James Connolly Social Club, Inc. seeks a special use permit for a membership club in an R-4 Zone PLZBA20200035 – 10 Kinney Street (112.59-8-5) - Use Variance Lauren Groff seeks a use variance for an accessory dwelling unit in an R-1 Zone City Hall, 433 River Street, Troy, New York 12180 Administrative Appeal – 459 Madison Street (112.21-17-7) Rafael Varela seeks to appeal a decision made by the (acting) Director of Code Enforcement Administrative Appeal – 456 Madison Street (112.21-12-8) Rafael Varela seeks to appeal a decision made by the (acting) Director of Code Enforcement Additional information regarding the above listed actions is available by contacting the Department of Planning and Economic Development, email: steven.strichman@troyny.gov City Hall, 433 River Street, Troy, New York 12180 STAFF REPORT - PLZBA20200034 Address: 386 First Street (111.36-11-1) Zone: R4 Applicant: James Connolly Social Club, Inc. (represented by Jenn Baumstein) Project description James Connolly Social Club, Inc. seeks a special use permit for a membership club in an R-4 Zone Staff Notes:  Application for a Special Use Permit- use is allowed, but this is an opportunity for the board to address concerns and place stipulations on the use o The board may want to consider noise impacts, especially late at night, on the surrounding community  This site was previously Nature’s Pub, which closed approximately one year ago Approvals needed: 1) Per Zoning Code Section § 285-55C(2) a Special Use Permit is required SPECIAL USE PERMIT I move to approve/deny the Special Use Permit based on the following findings of fact: 1. The proposed project will / will not cause substantial injury to the value of the surrounding property values, because ______________________________________________________. 2. The applicant does / does not meet the landscaping and screening criteria established for Special Use Permits, because __________________________________________________. 3. The Special Use Permit is / is not expected to impair the public health, safety, convenience, aesthetic quality, or environmental quality of the surrounding neighborhood, because ____________________________________________________________________. SEQRA: Staff recommends 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  City of Troy, New York Application for Special Use Permit for Chapter 285 (Zoning Code) James Connolly Social Club, Inc. I, _______________________________________________, the owner / tenant / proposed owner / proposed tenant / developer / other ( ) 386 1st St, Troy NY 12180 of the property located at ________________________________, Tax Map ID number 111.36-11-1 __________________, hereby petition the Zoning Board of the City of Troy to grant a Special 285-55 Sub-Section C2: Membership Club Use Permit pertaining to Zoning Code Section(s) _____________________________________, to allow the following as described below or shown on the accompanying documents. If the space below the following questions is insufficient to adequately answer any of the questions, please feel free to use additional sheets of paper. 1. Describe your application as proposed: The James Connolly Social Club, Inc., (JCSC) is incorporated under section 402 of NYS Non-for-Profit Corporation Law. The purpose of the Club will be to primarily be an education and gathering place, much like the Elks club, and will be used as such. Meetings, lectures, and events will happen here to further the political and social education of our members. We will retain the bar and use it, but this will not be a public bar, as it has operated in the past. 2. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values: This building, when operated as Nature's Pub, was a public place with late hours, and unforeseen consequences from such use. By the change of use, the member- owned-and-operated space allows for a known group of people to work with mutual respect *with* the community. We have plans to work with the Neighborhood associations to ensure that their needs are met as homeowners and neighbors. As a member owned space, we will provide ongoing upkeep to the building and believe in the beautification and growth of our communities. 3. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits, if applicable: n/a - no real outdoor space will be available to augment. 4. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood: Members of the JCSC will all abide by a code of conduct that explicitly states the need to create and maintain community relations, and personal conduct to ensure that our values are met. We believe in community improvement and collaboration, and as such, will add to the public health, safety, and aesthetic quality of the neighborhood. Our members include farmers and gardeners, artists, parents of young children, and people who live in the neighborhood. We intend to "give back" to the community vis a vis public events, a little free library, clothing drives, etc., that foster the environmental and social quality of our neighborhood. In essence, our group's mission is to improve quality of life in all of Troy, but we have found a home in South Troy. Signature: Jennifer Baumstein ____________________________________________________________________ Jennifer Baumstein Print Name: __________________________________________________________________ Address: 114 Pinewoods Avenue - Troy NY 12180 ____________________________________________________________________ 415-710-0796 // 518-279-6610 Phone: ______________________ E-mail: jennifer.baumstein@gmail.com ______________________________________  Nature’s Pub 386 1st St Troy NY 12180 Drawing 8/1/20 for the James Connolly Social Club 300 3rd St, Troy NY 12180 Jackson St Closet (Approx). Bathroom (Approx). Bathroom (Approx). 1st St Entrance  Bathroom Open STAFF REPORT - PLZBA20200035 Address: 10 Kinney Street (112.59-8-5) Zone: R1 Applicant: Lauren Groff Project description Lauren Groff seeks a use variance for an accessory dwelling unit in an R-1 Zone Staff Notes:  Accessory Dwelling Unit (ADU) proposed on the second level of an existing carriage house  Parcel is over 5 acres, which is unique for residences in Troy o Use may not have a noticeable impact on neighboring properties  Goal could be achieved by subdividing existing parcel, creating two single family lots Approvals needed: 1) Per Zoning Code Section § 285-52B a Use Variance is required 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 ______________________________________________________________________ SEQRA: Staff recommends 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 7/31/20