Zoning Board of Appeals

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, March 1st, 2023, 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 February 1st by Resolution New Business PLZBA 2023 0008 813 First Ave (80.24-6-1 | 0.12 ac. | R-1: Single Family Residential) Use Variance and Area Variance - SEQR (Unlisted) The applicant, Neil Pelone Architecture PLLC, on behalf of the owner, Joe Navarra, is proposing to build a two-story two-family building on this vacant lot. The following variances are requested. o Use Variance: zoned as a single-family residential, proposing to build a two-family building. o Minimum lot area required is 7,200 sf, lot size is 5,300 sf, relief of 1,900 sf requested. o Minimum lot width required is 70 ft, 50 ft proposed, relief of 20 ft. o Front setback required is 25 ft, 0 ft proposed, relief of 25 ft. o Side setback required is 10 ft on each side, 10 is ft proposed, relief of 10 ft requested. o Parking spaces required are 4 spaces, 0 proposed, relief of 4 parking spaces requested. 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 1 SITE STATS SITE PLAN SKETCH SP1 MALL BUILDING Address: 813 1st Ave Tax ID: 80.24-6-1 Proposed Area Zoning: Neighborhood II Proposed Use Zoning: Two Family Current Zoning: R1 Single Family 22035 813 1ST AVE TROY, NY 12182 Requirements for Neighborhood II Zoning Min Lot Width 40' Front Setback 0'-20' 1-19-2022 Rear Setback 10' min Sides Setback 0'-5' Front Side Setback 5'-15' Impervious Coverage 60% max Building Frontage 60%-80% Building Height 20'-35' HUDSON RIVER Building Stories 1.5-2.5 PROPOSED FOOTPRINT 96'-8" 123RD STREET Proposed Building/Site Stats Lot Width 50' Complies Front Setback 0' Complies 5'-0" Rear Setback 50' Complies Sides Setback 5' Complies Front Side Setback 5' Complies PROPOSED DOCK 50'-0 45'-0" Impervious Coverage <50% Complies WF " OVE Building Frontage 80% Complies RLA Y 40'-0" 50'-0" Building Height <30' Complies Building Stories 2 Complies NEIL PELONE ARCHITECTURE PLLC 5'-0" Architecture, Design & Planning 111'-10" WWW.NPARCH.COM 1ST AVE 16 2nd Street Troy, NY 12180 Lot and Surroundings Lot from Street (Source: Google Earth) 518.326.3911 SITE PLAN SKETCH N 1/32" = 1'-0" 1  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: 813 1st Ave Project Location (describe, and attach a location map): 813 1st Ave Brief Description of Proposed Action: Construction of a two story two family building on a vacant lot Name of Applicant or Sponsor: Telephone: 518-326-3911 Neil Pelone Architecture PLLC E-Mail: neilpelone@nparch.com Address: 16 2nd Street 1st floor 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? __________ 0.12 acres b. Total acreage to be physically disturbed? __________ 0.12 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ 0.12 acres  Check all land uses that occur on, adjoining  near the proposed actio   Rural (non-agriculture)  ndustrial Commercial ✔  Residential (suburban)   Agriculture    !" # Page 1 of 3 SEAF 2019 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 $ a. Will the proposed action result in a substantial increase in traffic above present levels? ✔  Are public transportation services available at or near the site of the proposed action? ✔  Are any pedestrian accommodations or bicycle routes available on or near 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 %: _________________________________________ ✔ _____________________________________________________________________________________________ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ______________________________________ ✔ _____________________________________________________________________________________________ <> @F  G "" &G"# &G"&"G# NO YES %"# ' "H&+"G #J # KJJ '*!GH  #+4 "&"" &  ✔ H&+"8  FG  G"# #F  #& # 4 "&" '*+4 +"&" 4 8 <= . 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? ✔  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 < 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? ✔ 16. Is the project site located in the \HDUIlood 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 %"#result in the impoundment of water NO YES or other liquids (e.g.G retention pond, waste lagoon, dam)? If Yes, explain purpose and sizeJ #J  XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ✔ ____________________________________________________________________________________________ _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 subject of remediation (ongoing NO YES for hazardous waste? completed) If Yes, describe: _______________________________________________________________________________ ✔ _____________________________________________________________________________________________ I  THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor\name: XXXXXXXXXXXXXXXXXXXXX______________________XXXXXXXXX Neil Pelone Architecture PLLC 1/31/23 __________________________ Date: _____________________ Signature: Neil Pelone Architecture PLLC _____________________________________________________]" Architect XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX PRINT FORM Page 3 of 3 Proposal of Use Variance for 813 1st Ave Summary On behalf of our client, Joe Navarra, we (Neil Pelone Architecture PLLC) propose a use variance for the lot at 813 1st Ave, Troy, NY, that would allow construction of a two-family building. The current zoning of the lot (R1) does not allow sufficient buildable area due to setback requirements. This is because zoning requirements do not reflect the existing lot or neighborhood conditions (see below). The new zoning code better reflects the conditions of the lot and the neighborhood and would allow the proposed building to be fully compliant with area requirements (Neighborhood II) and use requirements (Two Family). Therefore, the hardship that necessitates a use variance arises from continuous delays in enacting the new zoning code. These delays are constantly incurring carrying costs and lost revenue for the owner. We propose our application be approved in accordance with the new zoning code for the benefit of our client and the neighborhood. Existing Conditions vs Current Zoning Requirements (R1) Existing Lot Conditions Area - Existing Area: 5124 sq ft - Minimum Allowed Area: 7200 sq ft – DOES NOT COMPLY Lot Width - Existing Width: 50’ - Minimum Allowed Width: 70’ – DOES NOT COMPLY Existing Neighborhood Conditions – (most other buildings on block) Front Setback - Existing Front Setback: 8-10’ - Minimum Front Setback: 25’ – DOES NOT COMPLY Building Height - Existing Building Height: 25-30’ - Max Building Height: 25’ – DOES NOT COMPLY