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 Wednesday, March 3, 2021 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. Link/meeting ID is listed on the ZBA webpage prior to the meeting: 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 PLZBA20200059 - 37 125th St (80.25-3-4) & 2 Northern Dr. (80.25-3-3) - Area Variance & Special Use Permit – Stephen Petit is proposing a lot line adjustment, creating a setback deficiency in a B-3 Zone New Business PLZBA2021003 - Area Variance - 576 5th Ave Larry Tune seeks an area variance for a parking deficiency (3 proposed, 21 required), for an adaptive reuse project (residential in a vacant school) LZBA2021002 - 2109 15th St - Use Variance – R-2 Zone Samuel Lin is proposing a community center on the first floor of an existing structure City Hall, 433 River Street, Troy, New York 12180  City of Troy Application for Use Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, _Steph Petit representative of David Chow the owner of the property located at, _37 1255th Street____, Tax map number, Sec. _80.25 Block_3_ Lot __3__, Hereby petition the Board of Zoning Appeals of the City of Troy to grant a variation of the Zoning Code Section(s)__285-58_______________________________________, 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: To legalize the existing 2 family 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 lot size pre-exists the current zoning and is not large enough to accomodate the stated allowable uses. 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 lot is on a triangular shaped block, even if all three lots on the block were combined the lot would not conform to the Zone requirements. 4. Explain why the character of the neighborhood will not be altered if this use variance is granted: The existing use closely matches the neighboring lots on 6th Avenue and is likely to have been built 100 years ago. 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 hardship arose when the bank declined to provide a mortgage for the sale of the property. The bank contends that the since the use is not allowed, if the home were to suffer a fire, there would be no rights to rebuild in kind. In order to provide a mortgage, the bank wants the current use legalized. January, 2021 for SP Date: Signed: Address: 2 Northern Drive City: Troy, NY 12182 Phone: 518-858-4285 Email: Steph@olddaley.com Page 2 of 2 2/5/21 576 5th Avenue photos from Google Street View 5th Ave looking north at 115th Street 5th Avenue elevation with north side yard 576 5th Avenue photos from Google Street View 115th Street elevation View of alley to east of building 5th Avenue on Sunday afternoon January 2021 5th Avenue on Sunday afternoon January 2021 Saturday April 25, 5pm Google Earth view of site 2021 DocuSign Envelope ID: 020D4A74-D966-44EA-9496-32DF4802F3BD City of Troy Application for Use Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: Chung-Sheng Lin I, ________________________________________ the owner of the property located at, 2109 15th St, Troy NY 12180 Tax map number, Sec. ______ __________________________, 101.47 Block_____ 6 Lot 7_____, Hereby petition the Board of Zoning Appeals of the City of Troy to grant a variation of the Zoning Code R2, Two Family Residential Section(s)_________________________________________, 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 proposal is for the first floor and the basement to be operated as a Community and Student Center (COMMUNITY CENTER) for students and friends related to the tenants on the 2nd floor, especially the students and associates from Rensselaer Polytechnic Institute (RPI). The first floor will have a open study space, a group project room, two quiet study rooms, a small meeting room, kitchen, and dining space; the basement will have a multi-purpose room and a recreation space for the tenants and their invited guests from the community to study, work on school projects, play musical instruments (e.g. piano, guitar), eat, play ping pong, and relax to cultivate the well-being of those pursuing undergraduate or graduate degrees while at RPI. 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 Community Center (first floor and basement) will operate as a non-profit space for the tenants and their related friends and members from the community. There will be no additional charge for them to obtain access to the space. There will be no profit-generating events allowed in the Community Center, and therefore, the property will not be generating income. Financial documents can be provided as requested. Page 1 of 2 DocuSign Envelope ID: 020D4A74-D966-44EA-9496-32DF4802F3BD 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: My intention is not to use this house as merely a residence similar to the surrounding neighborhood, but to offer it for the community, primarily to the RPI students and members; therefore, I need to maintain its current mixed use status. The majority of the properties in the neighborhood zoned as R2 are solely residential units. With the intention to operate the first floor and the basement as a Community Center, my use case is unique. 4. Explain why the character of the neighborhood will not be altered if this use variance is granted: At the time of purchase of the property in June 2020, as the buyer, I received the understanding that the property was previously operated as a mixed-use facility, with the first floor rented to St. Peter's Health as a midwifery; in the past 5 years, it has been operated as a professional office. Hence, at the time of purchase, I had the intention to continue to operate the facility for the community's access, albeit not as a business. Given that the Community Center will not be operated as a business, the intended use of the property as a mixed-use facility will not alter the character of the neighborhood. In fact, given the proximity to RPI (walking distance, less than two blocks away), we believe that it will enrich the neighborhood that is occupied mostly with the members of the RPI community. 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): At the time of purchase of the property in June 2020, as the buyer, I received the understanding that the property was previously operated as a mixed-use facility, with the first floor rented to St. Peter's Health as a midwifery; in the past 5 years, it has been operated as a professional office. Hence, at the time of purchase, I had the intention to continue to operate the facility for the community's access, albeit not as a business. January 5, 2021 Date: Signed: 2109 15th St. Address: Troy City: (559) 464-5627 Phone: lin.cs.samuel@gmail.com Email: Page 2 of 2 DocuSign Envelope ID: 1FCE9A71-5178-41AA-B5D6-23B78C26DE29 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 Community Center Conversion Name of Action or Project: Community Center Conversion Project Location (describe, and attach a location map): 2109 15th St. Troy, NY 12180 (Please see the map and location attached) Brief Description of Proposed Action: The first floor will have a open study space, a group project room, two quiet study rooms, a small meeting room, kitchen, and dining space; the basement will have a multi-purpose room and a recreation space for the tenants and their invited guests from the community to study, work on school projects, play musical instruments (e.g. piano, guitar), eat, play ping pong, and relax to cultivate the well-being of those pursuing undergraduate or graduate degrees while at RPI. Name of Applicant or Sponsor: Telephone: (559) 464-5627 Chung-Sheng Lin E-Mail: lin.cs.samuel@gmail.com Address: 2109 15th Street 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. X 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: X 3. a. Total acreage of the site of the proposed action? __________ acres 0.11 b. Total acreage to be physically disturbed? __________ acres 0.03 c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.11 __________ acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. Urban Rural (non-agriculture) Industrial Commercial X Residential (suburban) □ Forest Agriculture Aquatic Other(Specify): □ Parkland Page 1 of 3 DocuSign Envelope ID: 1FCE9A71-5178-41AA-B5D6-23B78C26DE29 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? X 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: ________________________________________________________________________________ X NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? X b. Are public transportation services available at or near the site of the proposed action? X c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? X 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: _____________________________________________________________________________________________ X _____________________________________________________________________________________________ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: _________________________________________ X _____________________________________________________________________________________________ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ______________________________________ X _____________________________________________________________________________________________ 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district NO YES which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the X State Register of Historic Places? X b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? 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? X b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Page 2 of 3 DocuSign Envelope ID: 1FCE9A71-5178-41AA-B5D6-23B78C26DE29 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 X Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? X 16. Is the project site located in the 100-year flood plan? NO YES X NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, X a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment:______________________________________________ X ____________________________________________________________________________________________ _ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: _______________________________________________________________________________ X _____________________________________________________________________________________________ 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: _______________________________________________________________________________ X _____________________________________________________________________________________________ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE January 5, 2021 Applicant/sponsor/name: ____________________________________________________ Chung-Sheng Lin __________________________ Date: _____________________ Signature: _____________________________________________________Title:__________________________________ PRINT FORM Page 3 of 3 DocuSign Envelope ID: 1FCE9A71-5178-41AA-B5D6-23B78C26DE29 EAF Mapper Summary Report Monday, January 4, 2021 1:39 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper. Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State Yes Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Yes Part 1 / Question 13a [Wetlands or Other No Regulated Waterbodies] Part 1 / Question 15 [Threatened or No Endangered Animal] Part 1 / Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 20 [Remediation Site] Yes Short Environmental Assessment Form - EAF Mapper Summary Report 1