Zoning Board of Appeals

Catherine Conroy Steven Strichman Chair Commissioner ofPlanning Phone: (518) 279-7166 steven.strichman@troyny.gov C,\,-,VA., I I�<.� I 4(Jc I ,c; ·... ':P"' Zoning Board of Appeals 3 <0,? 433 River St., Ste. 5001 Troy, New York 12180 ·i �o};N'f 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 5 th, 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. 6:00PM - Meeting called to order. Board Members in Attendance Catherine Conroy (CC), Jack McCann, Katie McLaren (KM) Yvie Dondes (YD) Board Members Absent John NoaniJe ON) Also, in Attendance Alaina Finan (Zoning Attorney), Angelina Apindem (Planning Technician), Eric Ferraro (Assistant planner) Administrative Items Adoption of Meeting Minutes from May 3rd , by Resolution • JM tioned t Meeting Minutes fi May 3rd; YD ded Absent Yes No Abstain Recused Cathy Conroy Yes John Normile X Jack McCann Yes Yvie Dondes Yes Katie McLaren Yes • Motion to approve Meeting Minutes from May Yd, passed. 4-0. Written by Angie Apindem Executive Secretary. For additional information, visit: https://www.troyny.gov/govemment/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 I of4  PO Box 752, Troy, NY 12180 Zoning Board of Appeals, City of Troy, NY RE: Zoning Variance for the Proposed Development Project at 1818 5th Avenue – 7/5/23 Dear Colleagues: I am writing to offer some reflections on the proposed development at 1818 5th Avenue. The project is currently before the Zoning Board of Appeals for zoning variances on July 5, 2023. I am situated at 1825 5th Avenue, directly across the street from the proposed project. The project contains considerable defects, and the request for a zoning variance does not meet the fundamental requirements for a zoning variance. The request for a zoning variance seeks to service a proposed very small surface parking lot of 12 to 14 parking spaces for a 4-story apartment building with 71 apartments - principally a building of tiny apartments. This is fundamentally flawed in many ways. The insufficiencies of this zoning variance application are articulated in further detail below. The proposed building offers a significant degree of non-conformity within the neighborhood and will alter the essential character of the neighborhood. Previously, before the bank was built on the property, the street consisted of several single-family, three-story buildings. In the 1960’s or 1970’s these buildings were removed, and the current bank was built. Now a developer seeks to replace all this with a 4-story apartment building, principally made up of 71 tiny apartments and simultaneously provide no additional automobile parking. This will have a significant impact on the local community. In fact, this project will produce a net loss in parking spaces for the local community. The number of parking spaces on the project site, as it currently sits, offers 17 marked parking spaces. There are two to three other unmarked spaces where cars could park in high demand situations. For the past 5 to 6 decades or so, these parking spaces were generally, not supposed to be available to residents during business hours, however, they were available outside of business hours and for overnight parking. The developer plans about 12 spaces to be constructed with the proposed project. This will take away the 17 to 20 spaces and replace it with 12 spaces dedicated to residents of the 1818 building only. This is grossly insufficient. Accordingly, there is actually, a net loss in parking with this project. The Institute of Transportation Engineers (ITE) recommends, for this type of residential development, about 50 - 55 parking spaces for automobiles. This number is based on widely accepted calculations from data bases in the ITE Trip Generation and Parking Generation Manuals. The offer of restricted parking by the developer is a serious flaw. In my view, downtown Troy should not be the place for some sort of unusual trip generation experiment. I also note that Rosenblum’s projects at The News and Vicina were built with an appropriate number of parking spaces. These projects seem to be in compliance with the ITE standards. This project is grossly out of compliance. Why? It is because the project pro forma for this project, at 1818 5th Avenue, offers a maximized return without the provision of any real parking. Maximizing economic return is not a basis for a zoning variance. I suggest that the provision of parking does not need to compromise investment return. However, to achieve this goal, the project will need redesign with a more significant build out on Union Street. Consequently, this variance should be denied. The proposed variance will result in an undesirable impact on the neighborhood – less parking, less sunlight, more traffic congestion, no Traffic Impact Study has been Undertaken. The developer suggests that the retirees, widows, and widowers that will live in this building, if they have a car, they can walk to and from the developers parking lot near the Vicina building. This is not a viable solution. The developer has also suggested that area parking lots are lightly used. In some respects, this is true. Two private “M parking” lots 2.5 to 3.5 blocks away, are lightly used. However, they charge $ 150.00 per month per parking spot. And the City municipal garage charges $ 75.00 per month. The Zoning Board of Appeals should not allow the developer to impose these costs on the existing residents. Residents will end up parking on the street, in an area already facing parking availability stresses. They will also be running in and out of their apartments every 2 hours, all day long, to avoid parking tickets. It will be a parking nightmare. This will lead to more traffic congestion and more traffic accidents. This scenario is incompatible with the principles described in the City of Troy Comprehensive Plan - specifically, “promoting the city center as a key area for residential growth” and “promoting job growth and competitiveness of the city’s employment base.” In addition, it is the very antithesis of traffic calming and encourages conflict between residents, automobiles, bicyclists, and pedestrians. Moreover, the Troy Comprehensive Plan encourages the provision of structured parking with development blocks in the downtown area. Please also note, if the developer can provide sufficient parking at Vicina and The News, they should be able to do the same here. This variance should be denied. The Need for the variance is due to the Developer’s self-created difficulty and objective to maximize economic return. Rosenblum has designed a project that needs a variance. It could have been designed to be in compliance with the law. Instead, the developer has offered a project design intended to maximize return and is not in compliance with the existing zoning. The developer has been inflexible to any redesign of the project that offers a different unit mix or any additional parking – even parking that is comparable to the parking offered at Vicina and The News. In addition, the developer has offered a development mix of apartments and units and has not been willing to consider alternative development mixes, or any significant redesign, or any build out on Union Street. The developer designed a project to maximize return and seeks a variance to that end. This variance should be denied. The Developer has Not Considered Alternatives to the Project that would be in compliance with the Existing Zoning Ordinance The developer has not considered alternatives that would meet the requirements of existing zoning. In fact, the developer has been resistant to making any changes to the project, other than changes to the design and materials on the building façade. The Union Street side of the project site should carry more of the development project. In fact, the more intense, higher density portion of the development should be on the Union Street side of the development, not on 5th Avenue. The first-floor space, on Union Street, should be used to provide structured parking, with a mix of residential types on the floors above the parking, instead of just tiny apartments. As proposed, it provides a small handful of surface parking spaces and a net loss of parking for the local community. We seek denial of the variance or at least, a postponement of a decision on the variance, until the details of the development characteristics itself are refined at the planning commission level. Refinement is necessary to ensure compliance with the City of Troy Comprehensive Plan, the needs and concerns of the immediate community and downtown Troy (parking, sunlight, traffic impacts, development density issues, and all the other issues identified to date, etc.). After refinement of the proposed project, zoning variances may not be necessary. At this time, the sought-after variances should be denied. Thank you. Wayne Thomas Oakes Wayne Thomas Oakes From: geri de Seve To: zoningboard Subject: Project at 1818 Fifth Avenue Date: Wednesday, July 5, 2023 11:35:52 AM Members of Troy Zoning Board of Appeals: I am writing to ask that you deny the variance requests of the Rosenblum Companies, the Developer of 1818 Fifth Avenue. The proposed development of this massive building will have a great negative impact on the character of the old and historic neighborhood surrounding it in terms of blocking sunlight to neighbors across the street, causing parking issues and causing infrastructure overload, to name a few of the problems foreseen. As a resident of the neighborhood, I am not objecting to the total project, but to the size of the building and number of units. A building of four stories looming from across the street does not at all match the brownstones that existed there before. At an average height of 40 feet, those buildings were far lower than the 53 foot height the developer proposes. A building that is three stories high and set back 10 feet from the face of the neighboring Church tower, which is consistent with the buildings that were there, would be more compatible with the neighborhood and would not cut off sunlight to our residences across the street. This development with its proposed 71 units will have a huge impact on the limited parking spaces available to residents and business customers alike. The developer has not considered other building plans which could help alleviate this problem, such as building all the way to Union Street and putting parking in the envelope of the building. By treating Union Street as an Alley, the developer ignores the history and potential to restore its prominence. The Phinney Design project is proposing plantings and an outdoor cafe on the Union Street side. What Rosenblum proposes is another parking lot next door - and without the several beautiful trees that line the site currently. In addition, the type of building proposed would be more prone to fires than buildings using more substantial materials, putting more pressure on our already over-burdened Troy Fire Department, as Eric Wisher, representing the TFD said in his letter to the Planning Commission. The Developer has refused to compromise on the size of the building and the number of apartment units, saying the numbers don't work for them with a smaller project, yet they constantly refuse to show their numbers when requested. How much do we as neighbors have to sacrifice in order to provide profits to this developer who is taking away our rights to a safe, healthy, compatible environment. And the developer will receive a taxpayer funded 2.6 million dollar Restore New York grant to take away those rights. So as a resident of Historic Fifth Avenue, I request rejection of the zoning variances for the proposed 1818 Fifth Avenue project as it is currently proposed, on the grounds that this project will greatly change the character of the neighborhood. It will offer a threat to the health and welfare of the neighborhood in that it will block sunlight to the residences across Fifth Avenue, will cause huge problems with parking and an overload on our infrastructure and on our Troy Fire Department. Thank you for your consideration. Sincerely, Geri de Seve 1833 Fifth Avenue Troy, NY 12180 gadeseve@gmail.com 518-421-4723  Citizen Petition to the Troy, NY Planning Commission and Zoning Board of Appeals 1818 5th Ave: Please develop to enhance the neighborhood We, the undersigned, care about the beauty and integrity of Troy NY’s historic Victorian downtown. There is a proposed box apartment building at the site of Citizen’s Bank on 5th between Broadway and Fulton that would clash with Troy’s Gilded Age character and place stress on the infrastructure of the downtown. We oppose this project in its current form. While we encourage smart development of the site, it is important the building(s) match the scale and character of the surrounding neighborhood. The current proposal has a long, drab metal front. The structure will tower over the brownstones across the street, blocking natural light and creating an unsightly view for existing residents. Additionally, the developer proposes creating “micro apartment units” of just 400 square feet. (20’ by 20’). These are ridiculously small apartments and clearly designed to maximize pro t by stacking myriad tiny apartments around a central staircase and elevator. Added units also stress city infrastructure as well as re, police and medical responders Demands on water and sewer, parking, the electric grid, city services, etc. can be minimized by decreasing the number of units from 70 to 21 (akin to seven three- family townhouses) and constructing in a “townhouse” style that pays homage and respect to our historic downtown. This revised vision would ful ll’s Troy’s mission to promote the health, safety and beauty of Troy, as stated in its Comprehensive Plan. We urge the Zoning Board and Planning Commission to reject the proposal in its current form. We also encourage the developer, Rosenblum Companies of Albany to go on a “listening tour” of the neighborhood as a way to gain consensus from neighbors about an acceptable design. Thank you for your time, The undersigned: (Of 287 signatures, 213 are residents of The City of Troy, including many immediate neighbors of the site.) fi fi fi  Petition to Planning Commission and Zoning Board of Appeals for Proposed Building between Union Street and Fifth Avenue in Downtown Troy Name City State Postal Code Country Signed On 1 Tyler Fusco Troy NY 12180 US 2022-10-18 2 Lazzaro Nicole Troy NY 12180 US 2022-10-18 3 Christine Chenes Troy NY 12180 US 2022-10-18 4 Geri de Seve Troy NY 12180 US 2022-10-18 5 Michael Flynn Troy NY 12180 US 2022-10-18 6 James Mounteer Troy NY 12180 US 2022-10-18 7 James Kehoe Troy NY 12180 US 2022-10-18 8 Erin Kehoe Troy NY 12180 US 2022-10-18 9 Christopher Busone Troy NY 12180 US 2022-10-18 10 Susan Radcli Troy NY 12180 US 2022-10-18 11 Jim de Seve Troy NY 12180 US 2022-10-18 12 Brian Nielsen Troy NY 12180 US 2022-10-18 13 Journey Rivenburgh Troy NY 12180 US 2022-10-18 14 Ed Gavin Troy NY 12180 US 2022-10-18 15 Denise Gavin Troy NY 12180 US 2022-10-18 16 Don Washington Troy NY 12180 US 2022-10-18 17 Emma Naprta Troy NY 12180 US 2022-10-18 18 Amy McLean Troy NY 19144 US 2022-10-18 19 Thomas Flynn Schenectady NY 12304 US 2022-10-18 20 Corey Christensen Troy NY 12180 US 2022-10-18 21 Timothy Liakh Troy 12180 US 2022-10-18 22 Linda Luciano Troy NY 12180 US 2022-10-18 23 Amanda McDonough Troy NY 12180 US 2022-10-18 24 Laura VanDervort Troy NY 12180 US 2022-10-18 25 Matt Demsky Troy NY 12180 US 2022-10-18 26 Deyva Arthur Troy NY 12180 US 2022-10-18 27 James Naughter Troy NY 12180 US 2022-10-18 28 Kelley Gourley Troy NY 12182 US 2022-10-18 29 Jessica Henesy Queens NY 11106 US 2022-10-18 1 f 30 Rachel K Albany NY 12207 US 2022-10-19 31 Rob Goldman Wappingers Falls NY 12590 US 2022-10-19 32 Wayne Oakes Troy NY 12180 US 2022-10-19 33 Robert Adamczyk Cohoes NY 12047 US 2022-10-19 34 Steve Rocque Troy NY 12180 US 2022-10-19 35 Aileen Normile Troy NY 12180 US 2022-10-19 36 Jillian Dion Troy NY 12180 US 2022-10-19 37 Nora McDowell Troy NY 12180 US 2022-10-19 38 Tracy Nold Troy NY 12180 US 2022-10-19 39 Nicole Dress Schenectady NY 12306 US 2022-10-19 40 Mary Jane O'Malley Troy NY 12180 US 2022-10-19 41 Mary Simon Troy NY 12180 US 2022-10-19 42 Ben Gradess Troy NY 12180 US 2022-10-19 43 Susan Rooney Wynantskill NY 12198 US 2022-10-19 44 Ronnye Shamam Troy NY 12180 US 2022-10-19 45 dorothy arthur Troy NY 12182 US 2022-10-19 46 garrity Jessica Troy NY 12180 US 2022-10-19 47 Jacqueline Kello Troy NY 12180 US 2022-10-19 48 Nancy Valley Wynantskill NY 12198 US 2022-10-19 49 Erica Veil Troy NY 12180 US 2022-10-19 50 Josh Coletto Troy NY 12180 US 2022-10-19 51 Katherine Wiley Troy NY 12180 US 2022-10-19 52 Hannah Davidson Troy NY 12180 US 2022-10-19 53 Shawn McCann Troy NY 12182 US 2022-10-19 54 Elisa Schneider Troy NY 12182 US 2022-10-19 55 Loretta Hackathorn Troy NY 12180 US 2022-10-19 56 Joan Rogers Albany NY 12203 US 2022-10-19 57 Gretchen Fisk Troy NY 12180 US 2022-10-19 58 Ken Kearns Troy NY US 2022-10-19 59 Scott eder New York NY 10011 US 2022-10-19 60 Marketa Edwards Troy NY 12180 US 2022-10-19 61 Christina Uran Troy NY 12180 US 2022-10-19 2  62 Constance LaPorta Troy NY 12180 US 2022-10-19 63 Nancy Klepsch Troy NY 12180 US 2022-10-19 64 Mark Shipley Troy NY 12180-4009 US 2022-10-19 65 Bryan Garcia Troy NY 12180 US 2022-10-19 66 Sara Tack Troy NY 12180 US 2022-10-19 67 Audra Gallagher Troy NY 12180 US 2022-10-19 68 Steven Bouchey Troy NY 12180 US 2022-10-19 69 Jessica Walker Troy NY 12180 US 2022-10-19 70 Colleen Rhodes Troy NY 12180 US 2022-10-19 71 Allison Wist Troy NY 12180 US 2022-10-19 72 Dan McCorkle Troy NY 12180 US 2022-10-19 73 Kimberly Connors Troy NY 12180 US 2022-10-19 74 Joanne Brooks Troy NY 12180 US 2022-10-19 75 Russell Brooks Troy NY 12180 US 2022-10-19 76 Vicki Robert Troy NY 12180 US 2022-10-19 77 Gregory Myers Albany NY 12211 US 2022-10-19 78 Ian Cotter Troy NY 12180 US 2022-10-19 79 Angela Kanaan Troy NY 12180 US 2022-10-19 80 Cameron Mastro Poughkeepsie NY 12603 US 2022-10-19 81 Christopher Brizzee Troy NY 12180 US 2022-10-19 82 Tara Rainstrom Albany NY 12207 US 2022-10-19 83 Katherine Wardle Troy NY 12182 US 2022-10-19 84 Daryl Stack Troy NY 12180 US 2022-10-19 85 katherine heaviside Huntington NY 11743 US 2022-10-19 86 Michael Madsen Troy NY 12180 US 2022-10-19 87 Geo rey Raymond Troy NY 12180 US 2022-10-19 88 Karin Krasevac-Lenz Troy NY 12180 US 2022-10-19 89 Leslie LeBon Troy NY 12180 US 2022-10-19 90 Aaron Juarez Troy NY 12180 US 2022-10-19 91 john waite faia Troy NY 12180 US 2022-10-19 92 Claire Normile Troy NY 12180 US 2022-10-19 93 Howard Glassman Troy NY 12180 US 2022-10-19 3 .​ g​ ff 94 Ariela Perez-Wallach Troy 12180 US 2022-10-19 95 Katie Centanni Troy NY 12180 US 2022-10-19 96 Ryan Yamin Troy NY 12180 US 2022-10-19 97 Holly Gibbs Troy NY 12180 US 2022-10-19 98 Diana Waite Troy NY 12180 US 2022-10-19 99 Doreen Dean Johnsonville NY 12094 US 2022-10-19 100 Olivia O'Neil Troy NY 12180 US 2022-10-19 101 Hannah Musial Albany NY 12205 US 2022-10-19 102 Myra Thompson Troy NY 12180 US 2022-10-19 103 Laura Priscott Troy NY 12180 US 2022-10-19 104 Adina Pfrommer Delmar NY 12054 US 2022-10-19 105 Christine Lawton Latham NY 12110 US 2022-10-19 106 Susan P. Troy NY 12180 US 2022-10-19 107 Matthew Malone Teoy NY 12180 US 2022-10-19 108 Ann Phillips Troy NY 12180 US 2022-10-19 109 Angela Gavin Sodus NY 14551 US 2022-10-19 110 Victoria Backaus Troy NY 12180 US 2022-10-19 111 Harriet Warnock-Graham Troy NY 12180 US 2022-10-19 112 Francine Godgart Castleton-on-Hudson NY 12033 US 2022-10-19 113 Michael Nofal Troy NY 12180 US 2022-10-19 114 Jimmy Dzembo Troy NY 12180 US 2022-10-19 115 Julie Flynn Troy NY 12180 US 2022-10-19 116 Emily Musial Troy NY 12180 US 2022-10-19 117 Allison Mahar Troy NY 12180 US 2022-10-19 118 Hernan Lopez Troy NY 12180 US 2022-10-19 119 Carol Schrom Troy NY 12180 US 2022-10-19 120 Christine Shields Selkirk NY 12158 US 2022-10-19 121 Trudy Quaif Delmar NY 12054 US 2022-10-19 122 theresa murray Troy NY 12180 US 2022-10-19 123 Megan Megan Troy NY 12180 US 2022-10-19 124 Joe Luciano Troy NY 12180 US 2022-10-19 125 Benjamin Gorman Troy NY 12180 US 2022-10-19 4  126 Andrea Leanza Troy NY 12180 US 2022-10-19 127 Leslie Sa ord Troy NY 12180 US 2022-10-19 128 Luke Cicchinelli Troy NY 12180 US 2022-10-19 129 George Badgley Rensselaer NY 12144 US 2022-10-19 130 Lisa Moak Troy NY 12180 US 2022-10-19 131 Donna Shananan Clifton Park NY 12065 US 2022-10-19 132 Carla Sapienza Latham NY 12110 US 2022-10-19 133 Meg Ricci Troy NY 12180 US 2022-10-19 134 Lynell Canastra Troy NY 12183 US 2022-10-19 135 Robin Gerstenblatt Troy NY 12180 US 2022-10-19 136 Emmet Schrom Troy NY 12180 US 2022-10-19 137 John Welsh Wynantskill NY 12198 US 2022-10-19 138 Joanne Mackey-LovelyAlbany NY 12203 US 2022-10-19 139 Stacy McNicholas Chittenango NY 13037 US 2022-10-19 140 George Reischuck Troy NY 12180 US 2022-10-19 141 Matthew OMara Latham NY 12110 US 2022-10-19 142 Lisa Te t Troy NY 12180 US 2022-10-19 143 Joanne Tavani Rensselaer NY 12180 US 2022-10-19 144 Barbara Rios New York NY 10025 US 2022-10-19 145 Maureen Filarecki Troy NY 12180 US 2022-10-19 146 Ti any Grygus Endicott NY 13760 US 2022-10-19 147 Stephen Smith Troy NY 12180 US 2022-10-19 148 Ann Apicella Troy NY 12180 US 2022-10-19 149 Michael Hayes Troy NY 12138 US 2022-10-19 150 Donna McLaughlin Troy NY 12180 US 2022-10-19 151 Francie Horton Troy NY 12180 US 2022-10-19 152 Layla Flynn Troy NY 12180 US 2022-10-19 153 Anne Ide Saratoga Springs NY 12866 US 2022-10-20 154 Lauren Toolin Troy NY 12180 US 2022-10-20 155 Kelly Jutsum Fairport NY 14450 US 2022-10-20 156 Kelly Artis Troy NY 12180 US 2022-10-20 157 Travis Pfrommer Delmar NY 12054 US 2022-10-20 5 ff ff ff  158 James Badolato Brooklyn NY 11226 US 2022-10-20 159 KAREN Opalka Rensselaer NY 12144 US 2022-10-20 160 Cody Roder Mechanicville NY 12118 US 2022-10-20 161 Katharina Chaput Denver CO 80226 US 2022-10-20 162 Siobhan McConville Troy NY 12180 US 2022-10-20 163 Belinda Colon Saratoga Springs NY 12866 US 2022-10-20 164 Barbara Baines Hadley NY 12835 US 2022-10-20 165 Deanna Swenson Troy NY 12180 US 2022-10-20 166 Mark Zielinski Troy NY 12180 US 2022-10-20 167 Pamela Bentien Troy NY 12180 US 2022-10-20 168 Rafael Varela Troy NY 47006 US 2022-10-20 169 Patricia Bayly Troy NY 12180 US 2022-10-20 170 JAY TRAN Brooklyn NY 11215 US 2022-10-20 171 LYDIA CROWLEY Saratoga Springs NY 12866 US 2022-10-20 172 Stephanie Murray Troy NY 12180 US 2022-10-20 173 Lucille Palmer Berlin NY 12022 US 2022-10-20 174 Linda Theilemann Troy NY 12180 US 2022-10-20 175 June Kearney Troy NY 12182 US 2022-10-20 176 Sarah Heikkinen Troy NY 12180 US 2022-10-20 177 Krystal Hinckley Troy NY 12180 US 2022-10-20 178 Jamie Thompson Delmar NY 12054 US 2022-10-20 179 Christianna Bennett Troy NY 12180 US 2022-10-20 180 Mary D'Amico Wynantskill NY 12198 US 2022-10-20 181 Alissa Ouderkirk Troy NY 12180 US 2022-10-20 182 David Jaeger Troy NY 12180 US 2022-10-20 183 Katie Cusack Troy NY 12180 US 2022-10-20 184 Michael Barrett Troy NY 12180 US 2022-10-20 185 Cody Bloom eld Troy NY 12182 US 2022-10-20 186 Raymond Vogel III Schenectady 12309 US 2022-10-20 187 Jason McNulty Troy NY 12180 US 2022-10-20 188 Jacob Lavin Brooklyn NY 11221 US 2022-10-20 189 Kiki V Schenectady NY 12303 US 2022-10-20 6 fi 190 James White Troy NY 12180 US 2022-10-20 191 HUGH MCNAMARA Troy NY 12180 US 2022-10-20 192 Alex Noble-Brooks Troy NY 12180 US 2022-10-20 193 Jamie Spaulding Glenville NY 12302 US 2022-10-20 194 Jennifer Schulaner Troy NY 12180 US 2022-10-20 195 Alice Grimsley Troy NY 12180 US 2022-10-20 196 Kasia spadaro Saratoga Springs NY 12866 US 2022-10-20 197 Rachael Wehrenberg Schenectady NY 12304 US 2022-10-20 198 Kate Mallick Troy NY 12180 US 2022-10-20 199 Sam T Troy NY 12180 US 2022-10-20 200 Kelly Jeanmaire Brooklyn NY 11226 US 2022-10-20 201 Patte Livingston troy NY 12180 US 2022-10-20 202 kait Baswell Troy NY 12180 US 2022-10-20 203 ROSLYN WEBBER troy NY 12180 US 2022-10-20 204 Johanna Turano Troy NY 12180 US 2022-10-20 205 Meagan Gallagher Troy NY 12180 US 2022-10-20 206 Heather Maranville Schenectady NY 12302 US 2022-10-20 207 Bryan shortell Troy NY 12180 US 2022-10-20 208 Kevin Boutot Troy NY 12180 US 2022-10-20 209 Alyssa Objio Schenectady NY 12309 US 2022-10-20 210 Ann Biittig West Sand Lake NY 12196 US 2022-10-20 211 marcia caban Troy NY 12180 US 2022-10-20 212 Dee Cronin Troy NY 12180 US 2022-10-20 213 Janice Joyce Albany NY 12208 US 2022-10-20 214 Noelle Dommasch Troy NY 12180 US 2022-10-20 215 Lynn Spaulding Saratoga Springs NY 12866 US 2022-10-20 216 Darryl Shorkey New York NY 12052 US 2022-10-20 217 Hannah McNamee Albany NY 12209 US 2022-10-20 218 Jon Cantiell Brooklyn NY 11233 US 2022-10-20 219 Debi Gustafson Ballston Spa NY 12020 US 2022-10-20 220 Mary J. Grayson Troy NY 12180 US 2022-10-20 221 Addison Kubik Albany NY 12203 US 2022-10-20 7  222 Michael Chrisner Troy NY 12180 US 2022-10-20 223 Cara Corelli Troy NY 12180 US 2022-10-20 224 Trisha LeBoeuf Troy NY 12180 US 2022-10-20 225 Joyce Chupka Troy NY 12180 US 2022-10-20 226 Courtney Walsh Troy NY 12180 US 2022-10-20 227 Margaret Bye Troy NY 12180 US 2022-10-20 228 Gail White eld Cohoes NY 12047 US 2022-10-20 229 Robert Hilts Troy NY 12180 US 2022-10-20 230 Mahsa Fard Troy NY 12180 US 2022-10-20 231 David Kassover Watervliet NY 12189 US 2022-10-20 232 Cherie Clark Troy NY 12180 US 2022-10-20 233 Allie Gettino Troy NY 12180 US 2022-10-20 234 Sharie Gregware New York NY 10128 US 2022-10-20 235 Adrianna Kelley Troy NY 12180 US 2022-10-20 236 Abby Bergmann Geneseo NY 14454 US 2022-10-20 237 Maxson Freeman Troy NY 12180 US 2022-10-20 238 Angela Sheil Troy NY 12180 US 2022-10-20 239 Anna Hughes Troy NY 12180 US 2022-10-20 240 Nick Spadaro Troy NY 12205 US 2022-10-21 241 Joanne Haynes Rensselaer NY 12144 US 2022-10-21 242 george ruta Troy NY 12180 US 2022-10-21 243 Lynda Armstrong Caccamo Troy NY 12180 US 2022-10-21 244 Brock Renfrew Troy NY 12180 US 2022-10-21 245 Edward McAvoy Troy NY 12180 US 2022-10-21 246 Barbara Thompson Troy NY 34293 US 2022-10-21 247 Ellen Sinopoli Troy NY 12180 US 2022-10-21 248 Eileen Parzek Troy NY 12180 US 2022-10-21 249 Michael O'Farrell Albany NY 12203 US 2022-10-21 250 Karen Koloss Troy NY 12180 US 2022-10-21 251 Paul Marr Troy NY 12180 US 2022-10-21 252 Susan French Troy NY 12180 US 2022-10-21 253 Kimberly Mazor Troy NY 12180 US 2022-10-21 8 fi  254 Nathalie Gibeau Troy NY 12180 US 2022-10-21 255 Elisa Leibowitz Troy NY 12180 US 2022-10-22 256 Bill Flynn Watervliet NY 12189 US 2022-10-22 257 Mary Beth Printsky Gansevoort NY 12831 US 2022-10-22 258 Karen Chiera Troy NY 12180 US 2022-10-22 259 Victoria Dichian Troy NY 12180 US 2022-10-22 260 Kate Crawford Rensselaer NY 12144 US 2022-10-22 261 Melissa Thorne Troy NY 12180 US 2022-10-22 262 Christina Melick Franklin NH 3235 US 2022-10-22 263 Douglas Douglas H Lenz Troy NY 12180 US 2022-10-22 264 Susan Brink Saratoga Springs NY 12866 US 2022-10-23 265 Patrick J McAvey Troy NY 12180 US 2022-10-23 266 Mrs Les Sa ord Troy NY 12180 US 2022-10-23 267 Robert Wade Troy NY 12180 US 2022-10-23 268 Kimberly Watts Troy NY 12180 US 2022-10-23 269 PeggyLee Sliter New York NY 10027 US 2022-10-24 270 Jeo rey York Troy NY 12180 US 2022-10-24 271 Nancy Fava Troy NY 12180 US 2022-10-25 272 Kristine White Troy NY 12180 US 2022-10-25 273 Kathleen Kennedy Troy NY 12180 US 2022-10-25 274 Lori Lawrence Rensselaer NY 12061 US 2022-10-25 275 Avery Kim Troy NY 12180 US 2022-10-25 276 Caitlin Terosky Troy NY 12180 US 2022-10-25 277 Dhyanna E troy NY 12180 US 2022-10-25 278 Lidya Diaz Jersey City 7305 US 2022-10-25 279 Merry A Troy NY 12180 US 2022-10-25 280 Earl Granderath Troy NY 12180 US 2022-10-25 281 DAVID GRAHAM Troy NY 12180 US 2022-11-08 282 Amy Halloran Troy NY 12180 US 2022-11-09 283 Steven Davis Troy NY 12182 US 2022-11-10 284 Dean Finn Waterford NY 12188 US 2022-11-17 285 Christopher Sanders Liberty NY 12758 US 2022-11-18 9 ff ff 286 Sarah Zar Troy NY 12180 US 2023-01-12 287 Don Washington Troy NY 12180 US 2023-04-11 10 To: zoningboard@troyny. gov From:Bruce Rubin. 456 Broadway, Troy. NY Re: Objection to Proposed Variance at I 818 5'r' Avenue Project Date: July 5, 2023 I have owned, lived in, and worked at 456 Broadway - since October 2002. I respectf'ully object to and request a denial of the proposed variance. I am located very near the intersection of Broadway and 5'r'Avenue. This is very near the site ofthe proposed variance. Before considering this variance, it is important to consider whether this variance ofan offset is the first olmany steps - of the entire proposed 70 micro unit. studio apartment project on .55 acres with an allowance of at most 15 off street parking places. First. with 70 micro units, allowing an offset - which I understand is to provide for this 15 unit parking area would be the first step to create a very difficult parking problem for 5'r'Avenue and definitely Broadway. At times, parking can be very difficult. Without proper planning by this developer - my office, the many restaurants, businesses, and homes on Broadway could be hit with a potentially catastrophic parking situation. Second, since this project is also before Troy's planning board, no decision should be made. until the developer provides full details oftheir intentions - to this four to eight block neighborhood. Fragmented decisions - without consideration - ofthe other dimensions ofthis project - can potentially create even bigger problems. Third, this proposed project on a very small property - is in a beautiful, quiet, centuries old neighborhood. A reduced offset - would not be a suitable, or fitting plan. I have only been here for a little over 20 years. For decades before and after my arrival, my neighbors have paid their taxes, and kept this area beautiful. I thank them for this. Thank vou for vour consideration Bruce B. Rubin  Meave M. Tooher, Partner John L. Barone, Partner Richard Webster, Senior Staff Attorney Helene G. Goldberger, Of Counsel 24 Aviation Road, Suite 204, Albany, NY 12205 TEL (518) 432-4100 FAX (518) 734-0075 June 30, 2023 Zoning Board of Appeals Members City of Troy 433 River Street Troy, NY 12180 Re: Area Variance Application PLZBA 2023 0033 1818 5th Ave Dear Zoning of Appeals Members: We have been retained by a group of residents and businesses (the “Fifth Avenue Neighbors”) regarding this proposed development in downtown Troy. A number of those residents live directly across the street from the lot that is proposed to be developed. The proposed development would involve a four story building that holds 71 apartments, of which approximately 40 are “micro studios” of around 400 sq. feet. The development is within the Downtown Mixed Use zone and the Downtown I neighborhood. The Zoning Board of Appeals designated its action as Unlisted, while the Planning Commission designated the proposed development as a Type 1 action. At four stories and 53 feet the proposed building is higher than the surrounding buildings and would shade residents in brownstones on the other side of Fifth Avenue. It therefore fails to meet a core objective of the zoning which is to “preserve the historic architectural scale and character” of the area. Troy Zoning Code § 285-28. In addition, the design of the development appears to treat Union Street as secondary to Fifth Avenue. The Fifth Avenue façade is close to the edge of the sidewalk and incorporates architectural details designed to create an attractive streetscape.1 Although the parking is screened from Fifth Avenue, it is adjacent to Union Street, where there is a 52 foot setback. As the application acknowledges, this approach grossly violates the requirement for a maximum setback of 10 feet in the Downtown I neighborhood. Id. at § 285-40. The code states that “No lot shall be developed or re-developed except as provided by the standards and guidance in the Development Intensity Zone in which the lot is located as established in §285-33 through §285-40 of this Article and the Development Intensity Zone Map, except those located in a PDD-Planned Development District.” Id. at § 285-32. Thus, as the 1 Although not relevant to this decision, there are issues crated by the the Fifth Avenue façade being set further forward than the historic building on this lot, which leads to the side of the Victorious Life Christian Church being obscured. Printed on Recycled Paper DRAFT Tooher & Barone LLP June 29, 2023 Page 2 of 3 developer appears to have noticed, in the absence of an area variance, this site plan cannot be approved. For an area variance “the applicant must provide evidence of a practical difficulty imposed by the meeting of the requirements” Id. at 285-33 D. and E. In addition, for a minor variance, the application must include “a letter or oral testimony from the applicant's immediately adjacent residential neighbor indicating no objection to the proposed variance.” Id. at 285-33 E. No such letter is contained in the developer’s application. That is not surprising. This letter shows that the neighbors do indeed object to this variance. Further evidence of the widespread local opposition to this project in its current form is the attached petition signed by 287 people, 213 of which live in the City of Troy. Furthermore, the application fails to show that there is any practical difficulty in meeting the zoning requirements. These requirements are designed to serve the overall planning goal which is to “preserve the historic architectural scale and character” and create a “strong pedestrian environment.” See Application PLZBA 2023 0033. In addition, this project has received a $2.6M Restore New York grant to improve the neighborhood. It should therefore be held to the highest standards. From the application it is apparent that the applicant does not intend to improve or restore Union Street at all. It claims erroneously that Union Street is like an alley, providing parking and service access. The relevant part of Union is between Broadway and Fulton. It is a wide street, with a building that will be an attractive architect’s headquarters on one side of the lot on which the proposed development would be located and a building with an attractive red brick façade on the other side. That building is at the back of the Victorious Life Christian Church. A revival of Union Street is already starting, and this development could further improve the situation. Historically, the front of Troy’s Union Station stood on the east side of the street and Union Street provided access to it. It was therefore a major thoroughfare. Simply put, Union Street is not and never has been an alley. This development provides an opportunity to further improve the pedestrian environment and restore Union Street closer to its historic character. The very purpose of this project is to enhance the downtown, by eliminating a vacant building and replacing it with a building that enhances the neighborhood. By seeking a variance the developer is missing a huge opportunity to restore the frontage on Union Street as well as Fifth Avenue. The applicant carries the burden of proof to show that there is a practical difficulty with meeting the zoning, but the reasons given for being unable to redesign the building to conform to zoning are vague and hard to credit. This is a building that is being designed specifically for this purpose on this lot. There is no reason given why the footprint of the building could not be expanded, a portion of the ground floor be given over to parking, and the height of the building reduced to three stories. That approach would conform to the zoning, greatly improve Union Street, and reduce the objections of the neighbors to the excessive height of the current proposal. Tooher & Barone LLP June 29, 2023 Page 3 of 3 When the developer states that the proposed change will have no adverse effect on the neighborhood, it fails to take account of the shading issues the current design creates and the potential benefit of a conforming redesign. The excessive height could be eliminated and the streetscape on Union Street greatly enhanced. As the developer correctly states, the broader goal of Recode “to protect and enhance community character, increase opportunities for people to live, work, and play in mixed-use neighborhoods, and support development practices that are sustainable and resilient.” Here, there is no reason why this development could not enhance community character by designing a building that conforms to the zoning. This is especially true because the development has received a $2.6M Restore New York grant to improve the neighborhood. Therefore, this application should be rejected. In addition to the primary issue of there being no reason to grant a variance, there are also issues with compliance with the New York State Environmental Quality Review Act (“SEQRA”). Continuing the theme of vagueness and lack of quantification, the application gives no estimate of existing traffic or estimates of future traffic. Therefore, there appears to be no basis for the finding in the Full Environmental Assessment Form (“FEAF”) that the traffic impacts will not be substantial. There are also other aspects of the project that have not been addressed to the extent required by SEQRA. Visual and Aesthetic impacts must be considered under SEQRA and DEC even has a policy for assessing such impacts.2 Even though neighbors have expressed concerns about the shading of their homes by the proposed building, no assessment of this potentially significant issue has been carried out. This must be done to ensure that SEQRA requirements are met because the decision regarding the variance could determine building height. In conclusion, there are several issues that must be dealt with before the ZBA could approve this proposal. However, the ZBA can and should reject the application because it fails to show why the developer would have difficulty meeting the zoning requirements. In fact, it appears eminently possible for the building to be redesigned to conform with zoning. Therefore the ZBA should reject the application and the developer should then redesign its proposal to provide attractive streetscapes on both Fifth Avenue and Union Street, reduce the building height to three stories, lower the density, and provide adequate parking within the envelope of the redesigned building. Thank you for your careful review of this matter. Respectfully submitted, s/ Richard Webster Richard Webster, Esq 2 DEC Program Policy - Assessing and Mitigating Visual and Aesthetic Impacts - NYS Dept. of Environmental Conservation From: noreply@civicplus.com To: Angelina.Apindem Subject: Online Form Submittal: Submit a Zoning Board Application for Use Variance Date: Wednesday, August 16, 2023 10:10:39 AM Submit a Zoning Board Application for Use Variance Information You may use this form to submit an application online to our Planning Department for an Area Variance or you may download the Application for Area Variance Form. You may also submit an application in person at Troy City Hall. If you have any questions regarding the application or the application process, please call our planning assistant 518-279-7169. Applicant Information Applicant Type Owner First Name Joseph Last Name Ciliento Address 600 Consaulus Avenue City Schenectady State NY Zip Code 12306 Phone Number 15188576394 Email Address jcstruc@gmail.com Application Details I hereby petition the Zoning Board of the City of Troy to grant a variation on the following property and Zoning Code Section(s), to allow the following as described in the following or shown on the accompanying drawings which have been denied by the Building Inspector, as specified on the attached Notice of Noncompliance. Property Location 90.70-2-1 (include tax map ID if available) Zoning Code MU-02 Section(s) Describe your Purchased the property at 1 Ingalls Ave in November of 2022 application as with the intention of cleaning up the property and leasing out to proposed. tenants such as it was being used for. Make note the previous owner operated a drilling company out that location and a sign company out of the other half of the building. so as a small developer i figured this was a good opportunity for me to continue with that type of use for the property. I proceeded to close in early January and started the clean up process soon there after to make ready for new tenants. But i have run into some issues saying that im not zoned for these types of business because of a rezoning that happened in late April of this year. of which i had no idea was happening and how the potential changes would have impacted this property. So at this point i am requesting a variance to allow the initial uses prior to the zoning change since i purchased it under those terms. Demonstrate to the Based on my above comments there is no use that per the new Board of Zoning zoning that the property can be modified to accommodate those Appeals that for every types of options without basically demolitioning the building and building a completely different building. This would not only use permitted by the create hardship it would not even be bankable for a loan because Zoning Code under the of the limited uses for the property. Im at a complete loss since regulations for that there should be consideration made based on the actual building district in which the that are in those zones. property is located that the property cannot yield a reasonable return, and provide financial evidence to prove this conclusion. Explain how the Mine is unique because of the structure as it sits it has a large alleged hardship warehouse component with a small office area which makes it relating to your ideal for some smaller commercial companies that need indoor garage space and some office to operate. The other part also property is unique this property has is a large yard for storing equipment cars and when you compare it to basically some products etc. which again is associated with a similar properties and smaller construction of service business. there is no other use does not apply to a that i can see to this building that will allow food or entertainment substantial portion of type of business i that location. the neighborhood. Explain why the The local area is occupied by numerous companies such as what character of the i propose so there really isn't an altering from what's currently neighborhood will not operating in that area. Not only that i commit to all my locations to stay up on the tenants to maintain the buildings while they are be altered if this use leasing and my leases allow me to terminate if they to not follow variance is granted. those rules Explain how the The hardship arose because for some reason im being regulated hardship relating to the by the new zoning for that area which i believe should not be use of the property applied because i became owner months before that was enacted to that area. Not knowing the final outcome of the arose and why the decisions made by the city is nearly impossible to forecast for hardship was not self- any rezoning. So when i took ownership i saw what it was being created (Purchasing used for and its use history so i figured this would be a good property without expansion to my investment. I have updated and cleaned up the checking to see if the building i also believe helps the areas initial viability to draw more existing or proposed people to those areas. The the place was being handled was use is legal under more of a violation than me trying to interject new business in zoning is a self-created that area. hardship). Attention Communication made through e-mail or any other computer messaging system shall in no way be deemed to constitute legal notice to the City or any of it’s agencies, officers, employees, agents or representatives with respect to any existing or potential claim or cause of action. Email not displaying correctly? View it in your browser.