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 October 20, 2020 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. New Business PLZBA20200055 – “The Castle” at 49 Second St (101.53-12-6) – Administrative Appeal, Use Variance Applicant seeks to appeal a decision made by the Director of Code Enforcement on use classification. B-4 PLZBA20200056 – WellNow at 222 9th St. (101.31-9-25) – Area Variance Applicant seeks an area variance for exceeding the maximum allowable signage. HCD Zone PLZBA20200057 - Hudson River Commons at 120 Hoosick St. (101.31-10-3./1) – Area Variance Applicant seeks an area variance for exceeding the maximum allowable signage. HCD Zone PLZBA20200058 - 86 7th Ave (90.47-6-12) – Area Variance Applicant seeks an area variance for expansion of a non-conforming use, residential in IND Zone PLZBA20200059 - 37 125th St (80.25-3-4) (& 2 Northern Dr. (80.25-3-3)) - Area Variances Applicant seeks area variances for lot line adjustment and addition. B-3 Zone PLZBA20200060 - 770 Pawling Ave (112.84-4-2) – Special Use Permit Applicant seeks a special use permit to convert the first floor of an existing structure into residential. B-1 Zone Additional information regarding the above listed actions is available by contacting the Department of Planning and Economic Development, email: james.rath@troyny.gov City Hall, 433 River Street, Troy, New York 12180  Zoning Board of Appeals – Tuesday, October 20, 2020 Administrative Appeal for Determination of Use Applicant/Owner: Paine Castle, Inc. (a corporation consisting of all fraternity alumni) Property: 49 2nd Street, Troy (a.k.a. “the Castle fraternity”) Tax Map #: 101.53-12-6 Zone: B4 Central Commercial Brief Description of Property: This property was the John Paine mansion and was used as a single-family residence until the Fraternity acquired it in 1932. It is a grand historic residence, which the Fraternity has maintained and preserved as a single-family building. Its historic interior has been featured in several commercial films. There are 15 bedrooms, 3-4 bathrooms, multiple common spaces, and one (1) commercial kitchen in the basement. See the attached photos. Determination of Use: The Owner has been actively seeking a commercial tenant which would be an allowed use in the B4 Zone, and which could occupy the premises quickly and with no alterations to the historic building. The proposed tenant is Castle Arts, LLC, an incorporated Arts group which will use the 1st floor common rooms for small-scale (25-50 people) theater performances and arts programs, with food served. The building can be rented as event space or for film production, and there will be office space for both the Arts group and the Owner. The members of the Arts group will reside long-term (1-3 years) on the upper floors of the building and rent additional bedrooms to shorter term lodgers. Four of the bedrooms will be repurposed, resulting in an 11-bedroom building. We bring this appeal to the Zoning Board to get a Determination of Use for the proposed tenant at this property. The intent of the B4 Zone, as defined in the zoning ordinance, is to “encourage a wide variety of mixed land uses, including but not necessarily limited to commercial, professional office, entertainment service, medium- to high- density housing and governmental activities.” The lease is with the incorporated Arts group. The proposed tenant is a mixed-use occupancy which includes entertainment, commercial, and housing, and which clearly meets the intent of the B4 Zone. However, the Principal Code Inspector has determined it is a Rooming House, which is not an allowed use in this Zone, and is not the primary purpose of the tenant. Unfortunately, the current zoning ordinance does not have a definition of this mixed use, and we must work with the definitions available. (Definitions found following this narrative.) The commercial uses of this tenant include Theater, Restaurant, and Office activities, with similarities to a Cultural Facility, without the nonprofit status. There is no definition for a for-profit arts or cultural facility. These uses alone are not financially viable in such a large residential building, which is why the residential component is necessary. The residential uses include both long-term tenants (the members of the Arts group, literally “artists in residence”) and shorter-term lodgers (visiting actors/artists, airbnb) as needed to keep an adequate income stream. The residential use could be viewed as an accessory use to the primary occupancy as Arts group. By calling this mixed- use occupancy a Rooming House, the residential use becomes the primary use, yet the lease is not with individuals, but the Arts corporation. Although the intent of Castle Arts, LLC is to run a theater & arts program, not a hospitality operation, perhaps the best definition in the zoning ordinance that encompasses all these commercial and residential uses is a Hotel, albeit a residential hotel or boutique hotel. By definition, a hotel “may provide additional services such as restaurants, meeting rooms, and recreational facilities,” which can include banquet/event space, theater performances, arts events, and office space. Also by definition, a hotel provides “rooms used primarily for the provision of sleeping accommodations for the transient public,” but the use of the word “primarily” allows for the accommodation of non-transient, non-public guests or residents as well. A Hotel is an allowed use which includes all the uses proposed by the tenant, all of which can be found in other properties in the B4 Zone, and all of which meet the intent of the B4 Zone. Definitions as found in the Zoning ordinance (for reference): Accessory Use: A use incidental to the principal use of a building or lot. Commercial Recreation (Amusement) Facility: Any area of land or water, including any building or group of buildings, open to use by or catering to the general public, where recreational, athletic or amusement facilities are provided, and operated primarily for profit… Cultural Facility, Nonprofit: An establishment owned or leased by a board of directors, having bylaws and operated in a nonprofit fashion for the purpose of exhibiting art and artifacts, conducting educational activities and performances. Hotel or Motel: A building or group of buildings, detached or connected, consisting of at least six rooms used primarily for the provision of sleeping accommodations for the transient public, and which may provide additional services such as restaurants, meeting rooms, and recreational facilities. Inn: A building containing a single dwelling unit in which more than four sleeping rooms are provided by the owner/occupant for compensation, for the accommodation of transient guests, with or without meals. Office, Business: Office for a person or persons providing services of a nature not defined as professional. Restaurant: A building or portion thereof where food and beverages, whether or not alcoholic beverages, are sold to the public for consumption on the premises. The sale of alcoholic beverages must be clearly incidental to the sale of food. Rooming House: A dwelling unit where group sleeping accommodations are provided in one room or a series of closely associated rooms under joint occupancy and single management in which there are provided common facilities for eating and living and in which there are provided such services as are incidental to its use as a residence. Theater: A building or part of a building devoted to the presentation of theatrical or other entertainment performances, including the showing of motion pictures on a paid admission basis. Photos of 49 2nd Street: Facade Entry Foyer Front Parlor 2-story Ballroom Grand Stair with Tiffany window Grand Stair, from above PLZBA20200058 - 86 7th Ave (90.47-6-12) – Area Variance Applicant Type  Owner Applicant Name Edward Addison Applicant Address 213 Ave. B, Matamoras, PA 18336 Email eaddison@stonehard.com Phone (407) 704-9050 Application Details Property Location (include tax map ID if available) #86 7th. Ave. Tax #90.47-6-11 Zoning Code Section(s) 285-67 (D) 1. Describe your application as proposed. Lot line adjustment between #86 and #90 7th. Avenue. Will reduce the lot area of #86 by 2,216 sq. ft. which is 25% of the area and need relief of 10%. #90 area will increase to 6,715 sq. ft. and #86 will have 6,786 sq. ft. 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.  This is a residential area within the Industrial Zone. The original lot size was 25 ft. x 120 ft or 3,000 sq. ft. We will be creating two lots that are 6,783 sq.ft. and 6,715 sq.ft. therefore not changing the original intent of the original subdivision. 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. No, the new property line will be along the existing fence. Moving the line to get to 15% would leave a large area north of the fence belonging to #86 7th. Ave. 4. Explain why you believe the proposed variance is not substantial. This is a residential area with that already has small lot sizes. This only enhances the area by having created a larger lot and increasing the side yard for #90 &th. Ave. 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 proposal has no new construction associated with it. It is just moving the lot line to creat a more usable lot. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” This is a residential area. By code under section 285-64 we need to meet the minimum lot characteristics for a R-2 zone. Lot are in the R-2 zone is 5,800 sq. ft. PLZBA20200060 Application for Special Use Permit Applicant Type  Owner Applicant Name Joe Johnson Applicant Address 28 Haughney rd Troy ny 12182 Email Johnsonelectrical@yahoo.com Phone (519) 423-7628 Application Details Property Location (include tax map ID if available)* 770 pawling ave 1. Describe your application as proposed. Residential on the first floor. 2. Explain why you believe that your project will not create substantial injury to the value of the surrounding property values. Prior bar/ convert to residential 3 family. 3. Explain why you believe that your project meets the landscaping and screening criteria established for Special Use Permits, if applicable. Building is surrounded by residential 2 family homes 4. Explain why you believe that your project will not impair the public health, safety, convenience, aesthetics, or environmental quality of the surrounding neighborhood. Residential 3 family home. Upscale apartments with off street parking in existing lot.