Zoning Board of Appeals
Regular MeetingTroy, NY · July 6, 2022
Minutes
From: Jona Favreau
To: zoningboard
Subject: 0 Smart Court (112.67-1-1.1, 112.67-1-1.2 | 0.17 ac | R-2: Two - Family Residential). Use Variance – SEQR
Unlisted
Date: Wednesday, July 6, 2022 12:46:50 PM
Good afternoon,
My apologies for the late communication - I was under the impression that I would have
received a zoning variance letter in the mail, but it never came.
I have concerns regarding the variance request mentioned above at 0 Smart Court. I'd like to
keep this area zoned residential, as the number of families in the area with small children are
increasing and the increased traffic down this road concerns me. I personally walk this road
daily with my 2 year old and don't want to see increased traffic to and from the storage units.
I also have concerns because the current occupants disregard stop signs. I don't want to make
it personal because I personally don't know these applicants, but I have seen them / employees
(marked vehicles) almost hit others and speed out onto Spring Ave. I've noticed their vehicles
parked on Pawling Ave. overnight - that seems more like a reasonable spot for this type of
construction and vehicle activity.
I won't be able to make this evening's meeting, please confirm this email will be included.
Jona
--
Jona Favreau (she/her/hers)
From: lunasea23@aol.com
To: johnsm5@rpi.edu; zoningboard
Subject: PLBZA 2022 0068 - 561 - 565 Congress St
Date: Tuesday, July 5, 2022 2:28:42 PM
To City of Troy Zoning Board of Appeals,
Regarding the request for relief of the required number of parking spaces for this project, I
must point out that, currently vehicles are routinely parked on sidewalks and occasionally blocking
driveways on Brunswick Avenue. This has been an ongoing problem and the granting of the applicant's
request would exacerbate it greatly.
For that reason, this request should be denied.
Thank you
George Johnson
From: Joe DeGiorgio
To: zoningboard
Subject: PLZBA 2022 0065 - Use Variance
Date: Tuesday, July 5, 2022 10:05:43 AM
To Whom It May Concern:
Please note this email as a comment to not recommend the implementation of the use variance
request in the subject line (0 Smart Court), due to potential negative effects on the east side
neighborhood and its residents.
This area is zoned residential, and as a resident of this neighborhood, my wife and I would
prefer that it remains that way. The applicants of the variant run a business in our
neighborhood, and have already cleared land on Smart Court for commercial use, despite
requests to not proceed.
Our main concern, other than displacing the animals that have already been affected by the
clearing of the land, is the increased truck and dump truck traffic that is already prevalent on
Spring Avenue. A large garage and storage bins guarantees more traffic, pollution, and noise
in a serene neighborhood that has already been inundated with those elements.
We are also concerned these structures would affect the character of our neighborhood, and
affect future property values for residential homes. This property could be used for the original
purpose of our beautiful neighborhood, such as a new two family home that would offer
housing in a time where it is in short supply.
I appreciate your attention here, and implore the zoning board and planning commissioner to
keep our neighborhood beautiful (and residential), and dismiss this request that would affect
quality of life on the east side.
Many thanks,
Joe DeGiorgio
http://joedegiorgio.com
degiorgio.jr@gmail.com
(518) 469-6132
From: Michelle McMahon
To: zoningboard
Subject: PLZBA 2022 0065 ( 0Smart Court)
Date: Wednesday, July 6, 2022 11:53:57 AM
I'm writing on behalf of the proposed steel garage and storage bins being proposed on 0 smart
court, I am not in favor of this in my neighborhood.
This company has been running their commerical business in a residential neighborhood for
years and we don't need this more permanent.
There are dump trucks in and out, business trucks, excavators it's just not appropriate for the
area, the road in and out is small and the neighborhood is quite.
Thank you for you time.
From: Richard C. Herrick
To: zoningboard; Angelina.Apindem
Subject: PLZBA 2022 0065- 0 Smart Court PLEASE CONFIRM RECEIPT
Date: Saturday, July 2, 2022 2:22:59 PM
Importance: High
PLZBA 2022 0065- 0 Smart Court (112.67-1-1.1, 112.67-1-1.2 | 0.17 ac | R-2: Two - Family Residential). Use Variance – SEQR Unlisted.
The applicant, James & Jennifer Strope is proposing to install a 30' x 50’ steel garage and a row of storage bins on a vacant land,
requiring a use variance.
My name is Richard Herrick and I reside at 29 Desson avenue, Desson is the street across the street from Smart Ct.
I WISH TO GO ON RECORD IN OPPOSITION TO GRANTING ANY USE OR OTHER VARIANCES FRO THE ABOVE LISTED POROJECT. THE
USE VARIANCE HARDSHIP IS SELF CREATED BY THE APPLICANT.
THE APPLICANT HAS NOT PROVEN
[1] that the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by
competent financial evidence;
No evidence has been submitted. and clearly the applicant could build a home on the lots and keep within current
zoning.
[2] That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the
district or neighborhood;
[3] That the requested Use Variance, if granted, will not alter the essential character of the neighborhood;
A change in use at the site would most certainly alter the essential character of the neighborhood and constitute SPOT
ZONING and
[4] That the alleged hardship has not been self-created.
The "hardship clearly is being self created
================================================================================================
IT MUST BE NOTED THAT THE ZONING BOARD REJECTED A USE VARIANCE REQUEST AT THIS SITE A FEW
SHORT YEARS AGO!!
thank you and please insure that all zba members receive a copy
richard herrick
29 desson ave
troy ny 12180
From: donna clement
To: zoningboard
Subject: PLZBA 2022 0065- 0 Smart Court
Date: Sunday, July 3, 2022 7:58:07 PM
To whom it may concern. This is in regards to the area on Smart Ct being looked at for a
50x30 structure along with storage units.
As a lifelong member of the east side I feel this is an awful use for this land. Our quiet
neighborhood will not fair well with the increase in traffic and noise created by this. This will
greatly affect our property values and the safety of our children playing in the area. This area
is not appropriate for commercial use. Thank you. Donna
Sent from Yahoo Mail for iPhone
From: Frank Torrales
To: zoningboard
Subject: PLZBA 2022 0068 - Concerns and Objection
Date: Wednesday, July 6, 2022 11:50:42 AM
To whom it may Concern at the Zoning Board,
I, Frank Torrales owner of 571 Congress object to this request to have an additional
residence permit allowed without having the available 11 parking spaces required.
There is already an issue with parking going back since Congress Street redo project
which took away all the street parking we once had on Congress.
The congestion created on Brunswick by the lack of parking on Congress has made
some residents park on the sidewalks of Congress St and Brunswick. Also well large
amount of garbage accumulates from those current tenants makes this area look bad
and is an eye sore.
I object to adding new residences to a location that has not been well kept and with
no parking available for their current and any additional tenants.
Please reject
Frank Torrales
518-805-5923
From: Debi
To: zoningboard
Subject: Variance for Strope
Date: Wednesday, July 6, 2022 12:06:26 PM
To Whom it may concern.
I reside in the residential area that will be affected by any variance approved for Strope's
steel garage and storage bins on Smart Court. I am opposed to any change of the building
code/zone in this area as there are many other zoned areas for construction vehicles and
storage units.
Other points to examine include pollution and noise from the construction vehicles as well as
the safety of the residents and their children. There are also concerns regarding the lack of
input from the city engineers regarding the effect on the water table to the natural springs and
environment.
Please consider the residents' concerns regarding this matter.
From: Taylor Loccisano
To: zoningboard
Subject: Variance on Smart Ct. PLZBA 2022 0065
Date: Wednesday, July 6, 2022 4:49:10 PM
Hello,
My husband and i recently purchased 346 Spring Avenue and moved in on July 1st. One of the reasons we
purchased in this east side neighborhood was due to how quiet it was and how nice and forested the yard/
surrounding neighborhood was. We recently were informed of a proposal of a variance to permit a commercial
structure near our property. If this is allowed to go through the truck traffic on Spring Ave would increase, along
with noise levels. Our quiet back yard would be filled with the loud noise of construction traffic. We are also
concerned about the value of the house we just purchased. There are plenty of commercial areas in Troy for this
building. This neighborhood is not the correct fit. Please don’t let this continue.
Thank you for your consideration,
-Taylor & Matteo Loccisano
(346 Spring Avenue)
Agenda
Wm. Patrick Madden Steven Strichman
Mayor Commissioner of Planning
Christopher Nolin Phone: (518) 279-7166
Deputy Mayor steven.strichman@troyny.gov
Catherine Conroy
Chair
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
meeting at 6:00 P.M. on Wednesday, July 6th, 2022, in City Council Chambers, 5th Floor, City Hall, 433 River
Street, to hear and decide on the proposals listed below.
The City of Troy Zoning Board of Appeals will be conducting in-person meetings, however members of the
public may attend and participate virtually.
Members of the public are encouraged to submit comments prior to the meeting via email or in-person during
the public comment period. All written public comment should be directed to zoningboard@troyny.gov at
least six (6) hours prior to the meeting. No other email address is monitored for public comment.
Administrative Items
Adoption of Meeting Minutes from June 1st by Resolution
Old Business
PLZBA 2022 0062 806-814 River Street (90.62-3-39, 90.62-3-41, 90.62-3-42, 90.62-3-43| R-4: Urban
Neighborhood Residential.
Area variances-SEQR Unlisted.
The applicant, Habitat for Humanity Capital District, on behalf of the owner, Troy Community Land Bank, is
proposing to subdivide four vacant lots into six (6) lots for the construction of 2 story, single family homes. The
following variances are sought for each lot:
Front setback required is 10 ft, 2 ft is proposed, relief of 8 ft.
Side setback required is 10 ft, 3.79 ft is proposed, relief of 6.21 ft.
Two (2) parking spaces are required, none provided, relief of 2 spaces.
New Business
PLZBA 2022 0068- 561-565 Congress St. (101.80-2-44 |0.22 ac. | B-2: Community Commercial).
Special Use Permit (per § 285-58(C)(7)) and Area Variance- SEQR Type II (per 617.5(c)(18))
The applicant, Adam Wilke, is proposing to convert the existing store fronts on 561, 563 and 565 Congress St
into three (3) residential units. This request will result in 11 residential units in total. The following
variances are sought:
o Special Use Permit; residence below the second floor of the principal structure.
o Eleven (11) parking spaces are required, none are provided, relief of Eleven (11) parking spaces.
Written by Angie Apindem 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 2
City of Troy Agenda
Zoning Board of Appeals July 6th, 2022
Turn Over
PLZBA 2022 0071 – 70 Oakwood Ave- (90.79-6-16 | 0.08 ac | R-2: Two - Family Residential)
Use Variance – SEQR Unlisted
The applicant, Robert Chartier on behalf of the owner, Frank Alonso proposes to convert a Two-Family
Residential property into a Three-Family Residential property. The following variances are sought:
o Use Variance: Change in use from Two-Family Residential to a Three-Family Residential.
o Maximum density required is twelve (12) units per acre, thirty-eight (38) units per acre are
proposed, relief of twenty– six (26) units per acre.
o Parking spaces required are three (3), none is provided, relief of three (3) spaces.
PLZBA 2022 0064 -519 Congress St (101.79-3-37 | 0.08 ac | B-2: Community Commercial)
Use Variance – SEQR Unlisted.
The applicant, Jan Sieminigowski, is proposing to use vacant land as a restaurant, tavern and nightclub with more
than 50 customers at one time, requiring a use variance.
PLZBA 2022 0065- 0 Smart Court (112.67-1-1.1, 112.67-1-1.2 | 0.17 ac | R-2: Two - Family Residential).
Use Variance – SEQR Unlisted.
The applicant, James & Jennifer Strope is proposing to install a 30' x 50’ steel garage and a row of storage bins on a
vacant land, requiring a use variance.
PLZBA 2022 0072 - 274 4th St (101.77-9-1 | 0.09 ac | R-4: Urban Neighborhood Residential).
Use Variance – SEQR Unlisted.
The applicant, Tiffany Degraffenreid, is proposing to utilize the storefront of 274 4th St as a boutique, requiring a use
variance.
Application Materials:
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0062-806-814-River-St.pdf
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0064-519-Congress-St.pdf
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0065-0-Smart-Court.pdf
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0068-561-565-Congress-St.pdf
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0071-–-70-Oakwood-Ave.pdf
https://www.troyny.gov/wp-content/uploads/2022/07/PLZBA-2022-0072-274-4th-St.pdf
Written by Angie Apindem 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 2 of 2
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