Zoning Board of Appeals
Regular MeetingTroy, NY · July 7, 2021
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
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General Notes:
N Property: 561-565 Congress St.
Applicant/Owner:
Adam Wilke / Marc Murphy
A&M1 Properties, LLC
(owner of A&M1 Properties, LLC) DATE
205 Krumkill Rd.
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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