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Zoning Board of Appeals

Regular Meeting

Troy, NY · July 7, 2021

AgendaMinutes

Minutes

Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 MEETING MINUTES (DRAFT) The Zoning Board of Appeals of the City of Troy, New York conducted a public hearing at 6:00 P.M. on Wednesday, July 7th, 2021, 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. 6:05 PM – Meeting called to order Board Members in Attendance Catherine Conroy (CC), John Normile (JN), Jack McCann (JM), Marc Pallozzi (MP), Katie McLaren (KM) Also in Attendance Andy Brick (Planning and Zoning Attorney), James Rath (Assistant Planner), Aaron Vera (City Engineer), Dash Chrisner (Executive Secretary) New Business PLZBA 2021 0019 – 873 Fifth Avenue (80.25-6-3) Use Variance Copeke LLC is proposing to use an unauthorized storage facility as storage for a nearby catering business. The applicant is represented by Liza Rodriguez, Architect from TAP Inc. • Applicant presentation and board member questions and answers. • No public comment. • KM motioned for a negative declaration (SEQR) of this Type II action. JM seconded: Absent Yes No Abstain Recused Cathy Conroy X John Normile X Jack McCann X Marc Pallozzi X Katie McLaren X • Motion for a negative declaration (SEQR) of this Type II action passed, 5-0. • KM motioned for Temporary Use Variance approval with the following conditions. MP seconded: 1. Temporary Use Variance expressly conditioned as only valid for one (1) year. 2. Temporary Use Variance expires July 7th, 2022. 3. While this Temporary Use Variance is in effect, storage is an allowed use for this structure. Absent Yes No Abstain Recused Cathy Conroy X John Normile X Jack McCann X Marc Pallozzi X Katie McLaren X • Motion for Temporary Use Variance approval passed, 5-0. Written by Dash Chrisner, Executive Secretary Page 1 of 2 City of Troy Meeting Minutes (DRAFT) Zoning Board of Appeals 7 July, 2021 PLZBA 2021 0020 – 400-404 Eighth Street (101.23-5-53) Area Variance (Minimum lot width deficiency) The applicant, Edward Haddad, is proposing a lot line adjustment with parcel 101.53-5-50. This will decrease the lot width from 75' to 36.9' and the area from 7,505 sq.ft. to 3,393 sq.ft. The intent is to put the existing garage currently on 101.53-5-53 onto parcel 101.53-5-50. The applicant is represented by Joel Glickman. • Applicant presentation and board member questions and answers. • Request for public comment. No public comment. • KM motioned for Area Variance approval. JN seconded: Absent Yes No Abstain Recused Cathy Conroy X John Normile X Jack McCann X Marc Pallozzi X Katie McLaren X • Motion for Area Variance approval passed, 5-0. Old Business PLZBA 2020 0061 – 561-565 Congress Street (101.80-2-44) Area Variance (Parking) The applicant, Adam Wilke, is requesting a parking variance. As a result of the Congress Street Reconstruction Project, parking has been eliminated in front of this project making it an unsustainable location for businesses. Therefore, the applicant proposes to revert ground floor storefronts into residential units, construct a ten (10) car parking lot and a landscaped courtyard with patio. The applicant is represented by Fred Ring, PE. • KM motioned for this proposal to be tabled until the August 4th meeting. MP seconded: Absent Yes No Abstain Recused Cathy Conroy X John Normile X Jack McCann X Marc Pallozzi X Katie McLaren X • Motion for this proposal to be tabled until the August 4th meeting passed, 5-0. JM motioned to adjourn at 7:12 PM. JN seconded: Absent Yes No Abstain Recused Cathy Conroy X John Normile X Jack McCann X Marc Pallozzi X Katie McLaren X Motion to adjourn meeting at 7:12 PM passed, 5-0. Written by Dash Chrisner, Executive Secretary Page 2 of 2

Agenda

Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 NOTICE OF PUBLIC MEETING 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, July 7th, 2021, 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. Members of the public are encouraged to submit comments prior to the meeting via email. All public comment should be directed to zoningboard@troyny.gov at least two (6) hours prior to the meeting. No other email address is monitored for public comment. New Business PLZBA 2021 0019 – 873 Fifth Avenue (80.25-6-3) Use Variance Copeke LLC is proposing to use an unauthorized storage facility as storage for a nearby catering business. The applicant is represented by Liza Rodriguez, Architect from TAP Inc. PLZBA 2021 0020 – 400-404 Eighth Street (101.23-5-53) Area Variance (Minimum lot width deficiency) The applicant, Edward Haddad, is proposing a lot line adjustment with parcel 101.53-5-50. This will decrease the lot width from 75' to 36.9' and the area from 7,505 sq.ft. to 3,393 sq.ft. The intent is to put the existing garage currently on 101.53-5-53 onto parcel 101.53-5-50. Old Business PLZBA 2020 0061 – 561-565 Congress Street (101.80-2-44) Area Variance (Parking) The applicant, Adam Wilke, is requesting a parking variance. As a result of the Congress Street Reconstruction Project, parking has been eliminated in front of this project making it an unsustainable location for businesses. Therefore, the applicant proposes to revert ground floor storefronts into residential units, construct an eight (8) car parking lot and a landscaped courtyard with patio. The applicant is represented by Fred Ring, PE. Written by Dash Chrisner, Executive Secretary For additional information, visit: https://www.troyny.gov/government/boards-commissions/zoning-board-of-appeals/agenda-minutes/ As required by the Americans with Disabilities Act, auxiliary aids and services are available upon request. Please give one-week advance notice for services needed. Page 1 of 1 Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 STAFF REPORT Public hearing at 6:00 P.M. on Wednesday, July 7th, 2021, on the 5th Floor of 433 River Street New Business PLZBA 2021 0019 – 873 Fifth Avenue (80.25-6-3) Use Variance Copeke LLC is proposing to use an unauthorized storage facility as storage for a nearby catering business. The applicant is represented by Liza Rodriguez, Architect from TAP Inc. Staff Report: • Applicant: COPEKE, LLC • Current site conditions: 1 story concrete block building • Zoning: B3, Shopping Center Commercial • Available public services: Water and sewer (comm/public), gas, and electric • Approvals sought: According to §285-60, storage use is not allowed. Uses such as a grocery store, delicatessen, and boutique are allowed. • SEQRA: Type II. Planning Commission is Lead Agency. No action needed from ZBA. • Notes: o On Wednesday, June 16th, 2021, the City of Troy Planning Commission granted Change of Use approval for this project, with the following stipulations: 1. ZBA Use Variance obtained. 2. Building is to be weatherized and repaired to the satisfaction of Code Enforcement. 3. All nuisance vegetation to be removed. o Proposal does not meet the use variance test. o Property owner is currently subject to vacant building fees. o Storage is not an allowed use in the B-3 zone. This is because it does not activate the space. o Vacant building fees encourage property owners to activate and improve the space. • Staff recommendation: City Staff recommend that this proposal be declined. Written by Dash Chrisner, Executive Secretary Page 1 of 3 Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 STAFF REPORT Public hearing at 6:00 P.M. on Wednesday, July 7th, 2021, on the 5th Floor of 433 River Street New Business PLZBA 2021 0020 – 400-404 Eighth Street (101.23-5-53) Area Variance (Minimum lot width deficiency) The applicant, Edward Haddad, is proposing a lot line adjustment with parcel 101.53-5-50. This will decrease the lot width from 75' to 36.9' and the area from 7,505 sq.ft. to 3,393 sq.ft. The intent is to put the existing garage currently on 101.53-5-53 onto parcel 101.53-5-50. Staff Report: • Applicant: Edward Haddad • Current site conditions: 2-story frame house and 2-car garage • Zoning: R2, Two-Family Residential • Available public services: Water and sewer (comm/public), natural gas, and electric • Approvals sought: According to §285-53 D (2), the minimum lot width at front building line is 50 feet. • SEQRA: Type II. No action needed from ZBA. • Notes: o Area variance is sought due to minimum lot width deficiency caused by lot line adjustment. o The reason for this lot line adjustment is to change which property line the garage is within. • Staff recommendation: City Staff recommend that this proposal be approved. Written by Dash Chrisner, Executive Secretary Page 2 of 3 City of Troy Application for Area Variance of Chapter 285; Zoning Code TO THE BOARD OF ZONING APPEALS: I, ________________________________________ Edward S. Haddad the owner of the property located at, __________________________, Tax map number, Sec. 101.53 398 8th. Street ______ Block_____5 Lot 53 _____, hereby petition the Zoning Board of the City of Troy to grant a variation of the Zoning Code 285-53 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: Lot line adjustment with Tax Map # 101.53-5-50. Decreasing the lot width from 75' to 36.9' and the area from 7,505 sq.ft. to 3,698 sq.ft. This is to put the existing garage on 101.53-5-53 with Tax Map parcel 101.53-5-50. The existing building has two units. Asking for a variance for, and not having the requires square footage per unit. The front set back being 0 feet. The side yard of 0.4 feet. 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: These are existing lot of record that are only 25 feet wide. The lots all have existing buildings, of which they predate the current zoning. 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, these are existing buildings and the current lots size do not allow this proposal to meet the current zoning. Form 20060814 Page 1 of 2 4. Explain why you believe the proposed variance is not substantial. These are existing conditions that pre-date the current zoning, therefore could never meet the required zoning. The proposal is only changing the one lot line and improves the side yards. 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 is not adding any new buildings, it is only changing the lot line location. 6. Explain why you believe the difficulty that requires the variance was not “self-created.” These are existing lots of record and existing buildings. Date: April 26, 2021 Signed: Address: 344 Congress Street City: Troy Zip Code: 12180 Phone: (518) 858-5558 Email: ed@edhaddad.com Form 20060814 Page 2 of 2 OFFICE USE ONLY Application for PC Case #:________________ Planning Commission Review Date Received:________________ SEQR Type:________________ Review Type ✔ Subdivision or Check all that apply: Concept/Sketch Change of Use Site Plan Lot Line Adjustment Fill out the following information based on the site plan submitted. Applicants should familiarize themselves with the City of Troy Zoning Code prior to completing this form. For Changes of Use certain sections are not required if site alterations are not proposed, see below. Applicant Name: Edward S. Haddad Contact (if business): Address: 344 Congress St., Troy, NY 12180 Phone: (518) 858-5558 Email: ed@edhaddad.com Property If the applicant is not the property owner, documentation must be attached demonstrating that the applicant has a legal interest in the subject parcel. (e.g. contract vendee, lessee, etc.) Owner: Edward S. Haddad & Joel H. Glickman Phone: (518) 858-5558 Address: #400-404 Eight. St. Tax Map Nos.: 101.23-5-53 Lot Area (acres): 0.172 Zoning District: R2, Two Family Residential Historic Distict: No Project Existing Use: Residential Proposed Use: Residential Hours of Operation: # of Employees: Project Title: Lot Line Adjustment Lot line adjustment with Tax Map # 101.53-5-50. Decreasing the lot width from 75' to 36.9' and the area from 7,505 sq.ft. to 3,393 sq.ft. This is to put Project Description: the existing garage on 101.53-5-53 with Tax Map parcel 101.53-5-50 Subdivision/Lot Line Adjustment This section is required for subdivisions or lot line adjustment applications only. # of Existing Lots: 2 # of Proposed Lots: 2 Site Statistics This section is not required for Changes of Use with no site alterations. For subdivisions please leave this sections blank, attach a summary for each lot (existing and proposed). Existing Lot Area (sf.): 7,505 Lot Width (ft.): 75.0 Front Yard (ft.): 0.0 Lot Coverage (%): 24% Rear Yard (ft.): 50.0 Density (units per ac.): Side Yard(s) (ft.): 0.4 Bldg. Height (ft.): Proposed Lot Area (sf.): 3,698 Lot Width (ft.): 36.9 Front Yard (ft.): 0.0 Lot Coverage (%): 26% Rear Yard (ft.): 50.0 Density (units per ac.): Side Yard(s) (ft.): 0.4 Bldg. Height (ft.): OFFICE USE ONLY Application for Date Complete:________________ Planning Commission Review Date Approved:________________ (page 2) Expiration Date:________________ Site Statistics (cont'd) This section is not required for Changes of Use with no site alterations. Provide existing and proposed lot coverage. Pavements include asphalt, concrete, or packed earth/gravel. Building areas include foundations and covered porches/decks only; roof overhangs or awnings do not count toward building area. Existing Lot Coverage Proposed Lot Coverage Green Space (sf.): Green Space (sf.): Pavements (sf.): Pavements (sf.): Buildings (sf.): Buildings (sf.): Total Increase of Impervious Area (sf.): Buildings This section is not required for Changes of Use with no site alterations. # of Existing Structures: Type of Construction: (e.g. brick, steel, wood) # of Ex. Bedrooms: # of Prop'd Structures: Type of Construction: (e.g. brick, steel, wood) # of Prop'd Bedrooms: Parking This section applies to off-street parking only. Refer to §285-52 through §285-66 for parking requirements by zoning district. Refer to §285-91 for the Schedule of Required Off-Street Parking for parking requirements by use. # Req'd Parking Spaces: # Prop'd Parking Spaces: # Prop'd ADA Spaces: Utilities Provide existing and proposed water and sewer usage quantities. In addition, please provide information (size, type, and location) for utilities available to the project site; either existing utilities of those proposed. Contact Department of Public Utilities (DPU) for available record information. Ex. Water Usage (gpd): Pro. Water Usage (gpd): Ex. Sewer Usage (gpd): Pro. Sewer Usage (gpd): Sewer: Water: Storm/Drainage: Request for Extension Per the City of Troy's Code, Planning Commission approval expires after six (6) months if an application for building permit has not been filed. Use this section to request any additional time required. Requested Extension: months I(We) understand that I(we) am(are) responsible for the placement of notification signs per §285-47 of the Zoning Ordinance. Further, I(we) certify that the information contained in this application and on the Site Plan(s) submitted with this application is to the best of my(our) knowledge and belief accurate and correct and that I(we) have read and understand all applicable requirements, regulations, and laws as well as the instructions provided by City Staff. Signed: Date: 04/26/2021 Name: Edward S. Haddad Aaron J. Vera, P.E. Steven Strichman Executive Secretary Commissioner of Planning and Economic Development Planning Commission City of Troy 433 River St., Ste. 5001 Troy, New York 12180 INSTRUCTIONS TO APPLICANTS INTRODUCTION Site Plan Review is an analysis of your site plan to determine if your proposal will be safe and to minimize negative impacts on nearby properties. Review of your site plan is conducted in several stages and are outlined below: 1. Submit Site Plan Application: Site plans and application should be submitted to the City of Troy Planning and Community Development Department (PCD). Details of what needs to be submitted, approvals and requirements vary depending on the type and complexity of the project. These are generally outlined on the following pages. 2. Site Plan Review: Copies of your site plan are circulated to professional staff personnel of the City of Troy whose collective recommendations are passed on in a staff report to the Commission itself. Applicants will also receive this staff report. 3. Planning Commission Review: The Planning Commission formally reviews your site plan in a public hearing and makes a decision whether to approve the site plan, approve it with conditions, or disapprove it. If your site plan is disapproved you have the right to amend it and submit it again for another site plan review. 4. Site Plan Approval: Once approval is received by the Planning Commission, apply for a work permit through the Building Department. TYPES OF PROJECTS Generally, proposals fall into one of three categories: Change of Use: City law requires any proposal which constitutes a Change of Use to be presented to the Planning Commission. An application which does not propose a new structure or any exterior improvements to an existing structure falls under this category. Changes of Use do not require the submission of a site plan. Example: A former convenient store is being converted into a new retail store. The applicant proposes no exterior improvements other than signage. Minor Projects: A Minor Project is any proposal which includes exterior improvements and, at the discretion of the Planning Department, lacks the complexity to be deemed a Major Project. Generally, projects which propose less than 3,000 square feet of commercial space, less than 10 residential units, or disturb less than ¼ acre of land fall into this category. Example: A 500 square foot addition to a single-family home to create an apartment. Major Projects: A Major Project is any project not classified as a Change of Use or Minor Project. Major Projects require preparation of fully-engineered site plans and accompanying reports. Typically, applicants will present such proposals to the Planning Commission at the concept level, before finalizing layout and design. After Concept Review, the applicant will have the opportunity to address any concerns and revise the proposal for a final determination. Example: Construction of a 20-unit apartment building and associated parking, utilities, and hardscape. Instructions to Applicants City of Troy - Planning Commission 1 of 3 Aaron J. Vera, P.E. Steven Strichman Executive Secretary Commissioner of Planning and Economic Development Planning Commission City of Troy 433 River St., Ste. 5001 Troy, New York 12180 SITE PLAN CHECKLIST Required documentation differs for each type of proposal. Below is a checklist of the required elements for Minor and Major Projects. Typically, Change of Use proposals do not require a Site Plan. At the purview of the Planning Commission, additional documentation may be requested, examples of such documentation are included at the end of this section. Minor Major Current Site Plan Elements Project Project Submission Note the following on the site plan: - Applicant's full name, address, phone number, and email - Property Owner's full name, address, phone number, and email (if not applicant) - Street address of the property - Zoning District ● ● - Historic District - Tax Map Number of the property - Scale of the drawing (1"=10', 1"=20', 1"=30', 1"=40', or 1"=50') - Date the drawings were last revised - North arrow Show the boundaries of the property, include any easements and adjacent rights-of-way. Minor Projects: If any permanent, founded structure is proposed within five feet (5’) of an assumed ◐ ● property line a Licensed Land Surveyor must prepare a Boundary Survey. Major Projects: Boundaries must be provided by a Licensed Land Surveyor. Identify and provide the location of all existing structures on site plan. This includes all pavements, ● ● curbs, buildings, poles, fences, trees, etc. Provide existing and proposed topography. Minor Projects: Required if existing grades vary by more than five feet or if changes in excess of ◐ ● one foot are proposed. Major Projects: Always required. Provide the location, type, style, and size of all proposed pavement areas, curbs, buildings, ● ● structures, etc. Provide a landscaping plan which clearly shows all existing vegetation to remain and the type, ◐ ● installed size, and location of all proposed plantings. Location, type, and size of any proposed signage. ● ● Provide parking information including: existing parking count, number of spaces required, number of spaces provided, size of spaces, location of ADA spaces and number required, and where snow ● ● storage is provided. Clearly illustrate site circulation for vehicles and pedestrians. ● ● Provide the location, type, and wattage of all existing and proposed site lighting. ○ ● Identify all utilities on and adjacent to the site. Clearly illustrate which utilities exist and which are ○ ● proposed. Includes water, sewer, storm/drainage, electric, and gas. Identify existing/proposed dumpster locations and illustrate how access and screenings will be ● ● provided. Provide the location of the closest Fire Hydrant servicing the site. Note distance to hydrant. ○ ● Architectural Elevations or Renderings depicting and describing all proposed finishes. ● ● Provide details for any proposed fencing, walls, or other site amenities which will affect the ◐ ● appearance of the site. ○ Not Required ◐ Required if Requested ● Required All required elements must be presented in a thorough and thoughtful manner. It should be made clear to Commissioners what exists on the site, what will be removed, and what is proposed. Site plans which do not adequately detail a proposal will not be accepted. Examples of Additional Documentation: Lighting (Photometric) Plan, Landscaping Plan, Stormwater Management Report, Traffic Impact Study, Wetland Delineation/Determination, Archaeological Resources Report Instructions to Applicants City of Troy - Planning Commission 2 of 3 Aaron J. Vera, P.E. Steven Strichman Executive Secretary Commissioner of Planning and Economic Development Planning Commission City of Troy 433 River St., Ste. 5001 Troy, New York 12180 SUBMISSION INSTRUCTIONS Applicants are required to submit all necessary copies to Planning and Economic Development (PED) for review of their proposal. PED will not make copies for applicants. Ten (10) copies of all supporting documentation must be submitted to PED at least twenty-one (21) calendar days prior to the hearing date. Incomplete applications will not be added to the agenda. All drawings must be formatted to fit on 11” x 17” (ANSI B) sized paper. If the nature of the site requires a larger drawing format, the full-sized plans must be reducible to 11” x 17” at a convenient scale. For example a drawing at 1”=40’ on 22” x 34” (ANSI D) paper can be reduced to 1”=80’ on 11” x 17”. In addition to required applications, checklists, and drawings, color photos of the existing site must be provided. The photos must be a minimum of 3” x 5” (four per 8½” x 11” sheet of paper) and clearly depict the existing site. Provide as many photos as required to accurately communicate existing conditions, typically four (4) are sufficient. A digital copy of all materials must be provided with every submission. Documents and drawings must be in Adobe .pdf format; photos should be in .jpg or .png format. These materials will be presented at the public hearing. SUBMISSION REQUIREMENTS Change of Use Minor Project Major Project - Site Plan Application - Site Plan Application - Site Plan Application - Site Photos - Site Photos - Site Photos - Digital Copy of Photos - Complete Streets Checklist - Complete Street Checklist - Short EAF (if required) - Short EAF (Full EAF, if - Complete Site Plan Checklist required) - Site Plan - Complete Site Plan Checklist - Architectural Elevations - Site Plan (including Erosion - CD/USB of all Digital Files and Sediment Control and Construction Details) - Architectural Elevations - Stormwater Pollution Prevention Plan (if required) - CD/USB of all Digital Files Instructions to Applicants City of Troy - Planning Commission 3 of 3 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: Lands Line Adjustment Between #398 8th. Street & 400-404 *th. Street Project Location (describe, and attach a location map): Tax Map Parcels 101.53-5-50 & 101.53-5-53 Brief Description of Proposed Action: Lot line adjustment with Tax Map # 101.53-5-53. Increasing the lot width from 25' to 63.9' and the area from 2,502 sq.ft. to 6,314 sq.ft. This is to put the existing garage on 101.53-5-53 with Tax Map parcel 101.53-5-50 Name of Applicant or Sponsor: Telephone: (518) 858-5558 Edward S. Haddad E-Mail: ed@edhaddad.com Address: 344 Congress 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. 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: ✔ 3. a. Total acreage of the site of the proposed action? 0.23 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? __________ 0.23 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ✔ Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) □ Forest Agriculture Aquatic Other(Specify): □ 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? ✔ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural 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: ________________________________________________________________________________ ✔ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ✔ b. Are public transportation services available at or near the site of the proposed action? ✔ c. Are any pedestrian accommodations or bicycle routes available on or near the 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 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 ✔ State Register of Historic Places? ✔ 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? ✔ 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: _____________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Page 2 of 3 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 by the State or NO YES Federal government as threatened or endangered? Shortnose Sturgeon, Peregri... ✔ 16. Is the project site located in the 100-year flood plan? NO YES ✔ NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, ✔ 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:______________________________________________ ✔ ____________________________________________________________________________________________ _ 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: _______________________________________________________________________________ ✔ _____________________________________________________________________________________________ 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 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: ____________________________________________________ Edward S. Haddad 04/26/21 __________________________ Date: _____________________ Signature: _____________________________________________________Title:__________________________________ Owner PRINT FORM Page 3 of 3 EAF Mapper Summary Report Monday, April 26, 2021 8:57 AM 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 No 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 Yes Endangered Animal] Part 1 / Question 15 [Threatened or Shortnose Sturgeon, Peregrine Falcon Endangered Animal - Name] 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 Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Zoning Board of Appeals 433 River St., Ste. 5001 Troy, New York 12180 STAFF REPORT Public hearing at 6:00 P.M. on Wednesday, July 7th, 2021, on the 5th Floor of 433 River Street Old Business PLZBA 2020 0061 – 561-565 Congress Street (101.80-2-44) Area Variance (Parking) and Special Use Permit The applicant, Adam Wilke, is requesting a parking variance. As a result of the Congress Street Reconstruction Project, parking has been eliminated in front of this project making it an unsustainable location for businesses. Therefore, the applicant proposes to revert ground floor storefronts into residential units, construct a ten (10) car parking lot and a landscaped courtyard with patio. The applicant is represented by Fred Ring, PE. Staff Report: • Applicant: A&M1 Properties, LLC • Current site conditions: 2-3 story buildings and brick building. In rear, a storage space and 6 apartments. • Zoning: B2, Community Commercial • Available public services: Water and sewer (comm/public), gas, and electric • Approvals sought: According to §285-55F (1) (b), one parking space per existing unit is required. This property contains eleven units, and ten parking spaces are proposed, therefore, the deficiency is one. • SEQRA: Unlisted. Action is required by the ZBA to establish lead agency. • Notes: o The first drawing in the application (dated 06.06.2021) depicts the most current proposed parking lot layout. The second drawing in the application (dated 09.05.2020) depicts an old revision of the parking layout. o According to §285-58 C (7), a special use permit is needed for residences below the second floor of the principal structure on the lot. o According to drawings provided, there are eleven (11) units across 5 structures. Ten (10) parking spaces are proposed, causing a deficiency of only one (1) space. • Staff recommendation: City Staff recommend that this proposal be approved. Written by Dash Chrisner, Executive Secretary Page 3 of 3 ÿÿ 01123456378 97 ÿ!"#ÿ$%&&&&&&&&&&&&&&&& 258838ÿ73378ÿ3 '!(#ÿ)#*#+,#-%&&&&&&&&&&&&&&&& .)ÿ/01#%&&&&&&&&&&&&&&&& 3ÿ231 u u :9-+,+"+56ÿ5= >#*Sÿ!??ÿ(>!(ÿ!11?0% 56*#1(TS#(*> >!6E#ÿ58ÿ"# +(#ÿ?!6 5(ÿ+6#ÿ<-G:"(4#6( +??ÿ5:(ÿ(>#ÿ85??5@+6Eÿ+685=4!(+56ÿ9!"#-ÿ56ÿ(>#ÿ"+(#ÿ1?!6ÿ":94+((#-Cÿÿ<11?+*!6("ÿ">5:?-ÿ8!4+?+!=+N#ÿ(>#4"#?,#"ÿ@+(>ÿ (>#ÿ+(0ÿ58ÿ/=50ÿD56+6Eÿ5-#ÿ1=+5=ÿ(5ÿ*541?#(+6Eÿ(>+"ÿ85=4Cÿÿ5=ÿ>!6E#"ÿ58ÿ"#ÿ*#=(!+6ÿ"#*(+56"ÿ!=#ÿ65(ÿ=#O:+=#-ÿPQÿ "+(#ÿ!?(#=!(+56"ÿ!=#ÿ65(ÿ1=515"#-Rÿ"##ÿ9#?5@C 011234586 !4#%vwxyÿ{|}~|€‚ƒÿ„„ ÿ 56(!*(ÿ7+8ÿ9:"+6#"";%v†‡ˆÿ‰Š‹ <--=#""%ŒŽÿ|ˆ‹ŠŠÿ‘†’ÿ“Ё”•|Ї”†‚ƒÿ–—ÿyŒyŽ˜ >56#%™Žyš›ÿŽœž˜Ÿ˜˜ 4!+?%v†‡ˆ•|‡|†€¡Š‹¢£‡ }}’¤}ˆ 7163 8ÿ(>#ÿ!11?+*!6(ÿ+"ÿ65(ÿ(>#ÿ1=51#=(0ÿ5@6#=Rÿ-5*:4#6(!(+56ÿ4:"(ÿ9#ÿ!((!*>#-ÿ-#456"(=!(+6Eÿ(>!(ÿ(>#ÿ!11?+*!6(ÿ>!"ÿ!ÿ?#E!?ÿ +6(#=#"(ÿ+6ÿ(>#ÿ":9G#*(ÿ1!=*#?Cÿ7#CECÿ*56(=!*(ÿ,#6-##Rÿ?#""##Rÿ#(*C; @6#=%wxyÿ{|}~|€‚ƒÿ„„ ÿ¥ÿv†‡ˆÿ‰Š‹ >56#%™Žyš›ÿŽœž˜Ÿ˜˜ <--=#""%ަyžŽ¦Žÿ}”•|‚‚ÿ“€’ /!AÿB!1ÿ5"C%yy’šÿžŒžÿŸŸÿ 5(ÿ<=#!ÿ7!*=#";%’ŒŒ D56+6Eÿ'+"(=+*(%§Œƒÿ}ˆˆ”€£ÿ}ˆˆ|¤‡Š F+"(5=+*ÿ'+"(+*(%–} 7Z46 A+"(+6Eÿ"#%§Œƒÿ}ˆˆ”€£ÿ}ˆ’ =515"#-ÿ"#%‘ÿxŠ€’ž¨‡ˆŠ£ÿ‘‚’ F5:="ÿ58ÿ1#=!(+56% $ÿ58ÿ41?50##"% =5G#*(ÿ/+(?#%ަyžŽ¦Žÿ}”•|‚‚ÿ“€’ ‘©|€ÿª|}”†ÿ̈Š}}|ÿ“€}|ÿ̈|}”€‚ÿ”€}ÿ‘‚†”€‡Šÿ«”€‚ƒÿ}”‚€|¤€ÿ¬• €ÿ As a result of the Congress St. Reconstruction Project, parking has been eliminated in ™š›ÿ‡|ÿ{‡|‹”•ÿ„}€ÿ‡”†ÿ„‡”†‚¤‡~ÿ}|€£‡|†ÿ¡¥ÿ{‡€}’ front of this project making it an unsustainable location for business. Therefore, we =5G#*(ÿ'#"*=+1(+56% propose to revert ground floor store fronts into residential units, construct eight (8) car parking lot and landscape courtyard w/ patio. 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BY Slingerlands, NY 12159 518-573-9499 Adamgerhardtwilke@yahoo.com Zoned: Community Commercial B2 DESCRIPTION Historic District: No NO. Tax Map ID: 101.80 -2- 44 Lot Characteristics: Site Plan Lot Dimensions: N - 129', S - 129', E - 75', W - 75' Lot Area: 9,675 SF, 0.22 ACRES Building Type: SHEET TITLE: Brunswick Ave.: 1.5 3 Story Brick Congress St.: 3 Story Brick Current Property Use: 561 - 565 Congress Street 2/4 Brunswick Ave.: One (1) Res. Ut. Ea. 561- 565 Congress St.: Two (2) Res. Units w/ Grd. Fl. Store Front Proposed: Revert Ground Floor Store Fronts into Residential Units, Construct Troy, NY 12180 Eight (8) Car Parking Lot and Landscape PROJECT DESCRIPTION: Courtyard w/ Patio. Parking: On Street and Rear of Lot for Eight (8) Cars. Surface Drains: Parking Lot to Be Crowned at Curb Stops to Direct Runoff Drawn By: Adam Wilke into Drainage Ditch in Furthermost Rear of Property. Snow Removal: To be Plowed per DRAWINGS PROVIDED BY: Regulation and Stored along Northeast Reviewed: FJR III, P.E. Side of Lot in Green Space. Lighting: Install 4 Motion Activated 100w Led Flood Lights at Rear on 2-4 Brunswick Ave. Building and two (2) Pole Mounted 150w Lights. DATE: Landscape: Provide Shade Shrubs 09.05.2020 (either Straight Euonymus or Boxwoods). Repave Pathways to Buildings. SCALE: Landscape Courtyard and Patio w/ Picnic 1" = 10' Table and Ground Mounted BBQ for Tenant Use. SHEET: SP-1 DATE BY DESCRIPTION NO. Existing Facade SHEET TITLE: 561 - 565 Congress Street Troy, NY 12180 PROJECT DESCRIPTION: 1 2 3 FJR III, P.E. DRAWINGS PROVIDED BY: ① Boutique (Defunct) ② Existing Horizontal Windows ③ Pizza Shop (Defunct) - Remove Existing Store Front - Remove Existing Windows - Remove Existing Store Front - Construct Window Openings to Match Above - Construct Window Openings to Match Above - Construct Window Openings to Match Above - Construct Stucco Finish within Existing Brick Under Existing Solid Stone Lintels - Construct Stucco Finish within Existing Brick - Repair and Tuckpoint Existing Brick - Construct Stucco Finish between Windows - Repair and Tuckpoint Existing Brick DATE: - Paint Stucco and Previously Painted Surfaces Openings - Paint Stucco with SW 7592 08.12.2020 with SW 7592 - Paint Stucco and Previously Painted Surfaces SCALE: with SW 7592 N/A Notes: SHEET: SW 7592 Crabby Apple Red Paint Color SW 7592 by Sherwin-Williams E-1 No Paint Applied to Unpainted Brick DRAWINGS PROVIDED BY: PROJECT DESCRIPTION: SHEET TITLE: NO. DESCRIPTION BY DATE N/A DATE: FJR III, P.E. 561 - 565 Congress Street SHEET: SCALE: Proposed Facade P-1 08.12.2020 Troy, NY 12180 Brunswick Avenue Utility Pole Granite Curb N 13° 25' 00" E 129.00' S.C.I.R. Proposed Ten (10) Vehicle Asphalt Pavement 561 Congress St. 3 Story Brick 2 Story Wood Frame Addition Timber Ret. Wall Building 1 Conc. Ret. Wall 2 Brunswick Ave. 1.5 Story ± 9' N 76° 35' 00" W Brick Building 22 Brunswick Ave. 2.5 Story 12'-9" Brick Building Parking Lot S 76° 35' 00" E 2 Sheet Title: 563 Congress St. 3 Story Brick 4 Brunswick Ave. Building 1.5 Story ± 15' 13'-5" Congress Street Brick Building Orig. Lot Line Orig. Lot Line 3 75.00' Orig. Lot Line Orig. Lot Line 75.00' Conc. Block Wall A&M1 Properties, LLC 4 Conc. Block Ret. Wall Timber Ret. Wall 565 Congress St. 561 - 565 Congress St. 3 Story Brick Building 5 Project Location: 2 Story Wood Frame Addition Troy, NY 12180 Proposed Barrier Block Ret. Wall PVC SDR 35 Drain Pipe to Daylight at Street S 13° 25' 00" W 129.00' S.C.I.R. Conc. Ret. Wall Elevation 6 Drainage Catch Basin 9' Date: 7 567 Congress St. Proposed Ten (10) 06.06.2021 2 Story Brick Building Vehicle Parking Lot 8 Scale: ± 34' 18' 9 1" = 15' 10 Sheet: 1 of 1

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