Board of Zoning Appeals - Regular Meeting

should be all fit wherever you are. Good evening all and welcome to our Tuesday, October 7th regularly scheduled planning board gathering. Um we don't have the longest of agendas today, so we'll get through five items. and get on with the rest of our evening. Um, thank you to our staff, council, and planning board members for being here. Want to welcome Paige as a new member, and this is her first meeting on the planning board. I hear you've done some other stuff, but first one on this board.

Yeah. So, welcome. For four years. Oh wow. Wow. Shotty, good to see you. Our condolences. Absolutely.

Rachel Vanessa. I'm out, man. Pun intended. [Music] He did. Um, our first item on the agenda is for conditional use permit. This is our hearing agenda for 653 Moore Street. Are Linda and Matt present?

Okay. Are you James? I am good. All right.

We want to do a conversion of a dwelling single unit detached to a dwelling 2 unit detached. So this is a conditional use permit. The floor is yours. Um so I think a little bit of background this. So as you can see we have properties located at 653 Mar Street. Uh this property has been existing as a two unit for I believe at least the last five years. When our clients that purchased it in 2021 had already been converted to a two residence after the fact that somehow in the closing entitle no one caught the fact that it was not properly permanent. So after conversation was closed buildings we're now taking the appropriate steps needed. We work back make sure the appropriate paperwork is filed so everything can be brought into compiance now. All righty. I'm going to go through the site plans. And do you have you have

We have four plans. Yep. Four plans. Okay. Yeah. Absolutely. Um so as you can see here uh the house is broken up into uh two units currently. The way the units are divided is the first floor by itself standalone unit and the second and third floors or the second floor in the attic act as the second. Um currently the third floor attic portion of it is really use for storage and the washer dryer for the second floor unit. But if you stroll back to the uh first

downstairs floor plan, you can see it's broken up into a living room, kitchen, bathroom, bedroom. Very standard uh basic layout for one bedroom. The second floor is laid out much the same way. Thank you again. Uh you can see the egresses. There is a covered back porch and a covered front porch as well. Um Otherwise, it's just the basement. Basement generally has a wash dryer for the first floor and the hot water heater for the house. Um, any questions from the board?

Shared utilities or are they separate utilities or shared utilities? The shared the moment is part of what we're going forward necessary and connections. We've been in touch with the proto office. They're aware of what's going on. We're aware of we're going to be building electrical inspections and everything. Any additional questions, staff? Um, public comment. Yeah, somebody signed up um William Johnson here.

I wondered if that might be case. They signed up um noting it as the BZA and did not reply did not include a reply email. So, that's right. Okay. We're not having a DVA tomorrow. Excellent. Um, council staff, anything to to add or review?

Um, sure. This was included in the staff report that was provided. Um, as we discussed, the cup is required um to increase the number of existing units. Um, it's classified as a type two underseeker, so no additional action is needed. Um, just background, the property is a 2 and a half story um, constructed approximately early 1900s. Um, and as James mentioned, the property has been used um, seemingly as a twounit, just without the proper paperwork. Um, there was previously a RO, a resident's occupant, residential occupancy permit on file. Um, so it did seem like maybe it was owner occupied at the time in 2017. Um, as discussed, the proposed or existing second unit would be occupying the second and third floor. Um and there are similar properties within the block of Morris Street. Um the as required in the ECU um specifications, the floor plan shows refugees and recycling in the alley outside of the right of way. Um so it does meet the code compliance requirements for this C to add an additional unit. The lot in question exceeds the requirement. The building in question contains the correct number of stories to accommodate the two units and the building includes the correct number of square footage of living area and there are no exterior alterations proposed but if there were they would be required to have a building permit only. We'd recommend approval of the C.

Thank you. Is there a motion from the board to approve the conditional use permit for 653 Morris Street? Is there a second? Been moved and seconded to approve the conditional use permit for 653 Morris Street. Any questions on the motion? Hearing none. All in favor, please say I. Those opposed? Motion carries unanimously. Thank you. Thank you all very much. On to our meeting agenda. This is also a conditional use permit for 84 Madison Avenue. Wesley Badcock.

All right. This is conversion of existing 1,500 ft structure at a property from a 2unit to a 3unit townhouse. Again, conditional use permit. Floor is yours. Uh so uh we are working with the code enforcement as well as electricians, plumbers. We actually had meetings today with them as follow for assessments, breakdowns and what needs to be done. Uh and we're working on all the details and making sure it's follow through. Um of course we have no idea previous stuff bringing everything up to uh as you can see we have the standard breakdown the same one. It's a little bit cleaner. Um uncovered storage in front of the back is covered for the deck. We have our fence on the trash and of course in a parking lot is the main trash which the small trash gets taken. Um and that's like you know a shared thing. Um we

did you want to go to one of these?

The floors are much Yeah. Um that's like the general one. We did have updated ones uh today actually had um a group that works with an architecture firm to come in to do a more full render scan of building of course. Um yes, as you can see this is like closer. They're going to get more precise to the scale measurements of everything ceing windows outlets etc. All this stuff's going to be in the measurements in the future. Um but this is like the breakdown the level and the next one are very similar. Um they have like common hallway staircase in between as well as a deress on the rear when the deck is attached as stairs leading through. Um so that way the inside the front has an exit and the rear have their own for each each lo. Um and you can see the uh primary like bedrooms they have two there split off. Each one's got their own closets of course a restroom in the hallway. Um there's a little but like there's a laundry area. Um there's kitchens but up there it's very similar layout. The kitchen on this one is the uh second level and it's got a bigger kitchen area. The one on the first floor is a bit smaller. Um but generally about the same area dining and you scroll back you can see the first

that yes first as you can see the kitchen is a bit smaller um as the common area in there the hallways it's taking more space uh like the second level which has been more so Does anyone have any questions for layouts at all? And we are looking to do more scans as well as the building's whole entire scaling and we'll work on that. You guys want to find out.

Okay. All right. Any questions for the board?

All right. Hearing none. There no public or written comments for this one. Um staff.

Yeah. So, um, that's additional information that we're just receiving. Um, I know in the past Justine had communicated that we were recommending a denial, um, without that additional information. So, I can go through our notes from where we're at. Um, but if the planning board feels like additional information would be helpful to make the decision, we can certainly um, defer the decision. Um but where we stood as of you know earlier today um obviously the the project does require a cup um to increase the number of dwelling units within the building. Um the project proposes an addition of a third dwelling unit to be located in the attic space measuring 598 square ft. Um it would be a type two action so no additional seeker action is required and it was referred out to the Albany County Planning Board as required earlier in June. Um um it was constructed in 1815. It's on the National Register in the HRO. Um records indicate the property has been used as a residential townhouse containing two dwelling units. Um and then it was acquired by the applicant in December 2024. The applicant previously completed work to convert the attic space into a third unit without the required building permits and it was cited. Um the current use is classified as a dwelling townhouse with two units and the additional third unit proposed by the applicant con constitutes maximum allowed number of units. These were pictures provided um when the project was on previously um for the public hearing in July from the rear of the property. The minimum area required in the residential townhouse zoning district is exceeded. So that's um you know meeting the requirement. The total number of dwelling units in the RD is one per

non-commercial building story up to a total of three. As the building is non-commercial, the applicant proposes three units total. The external alterations the building proposed um had been completed. Um but the application states there were no known exterior alterations proposed. Um if there were, it would require an um a certificate of appropriateness from the historic resource commission or from the preservation planner. Each existing and proposing unit must occupy a minimum of 80% building story and the attic space is 46% of the floor area. Alternatively, it can have a minimum of 1,000 ft of gross floor area, but the attic space just has 598 square ft. So, based on the USDO, the dwelling unit in the attic space would not be permitted. In the attic is defined as the portion of a building between the ceiling of a top full story and the roof and not used for living purposes. In the submitted site plan, the attic space does not qualify as a story or a living space. In the international building standards, so building code or of habitable space, um it does not meet those standards which has been confirmed with the department of building and regulatory compliance. So, we had had that conversation previously for the um minimum height requirement for the ceiling.

So, if BRC has told you something differently recently, we're just going through the whole motion. So, it was hard to schedule because everyone was busy. We had electricians, everybody's basically showing up this or last week and we're hearing about their assessments. Okay. Okay. So, we can get that information from building department as well. But from what we had previously understood, it did not meet the international building standards for a dwelling unit or the USDO requirements. So, we had been recommending a denial which was communicated to you. Um, but again, if the planning board would prefer to defer for additional information, you you're certainly welcome to.

And I I do want to clear a few things up. So, basically, I usually do like general maintenance like landscaping and stuff with them. They're just uh it's hard for them to reach out here because they're they're like in New York City and further away. It's more convenient for me. Um and basically when they got the building and all this stuff is there and they they had inspectors come out. They thought everything was fine. Actually met with a number of inspectors about three different occasions got building in the middle like a month ago.

So then we just basically doing our best just clear on buying it and can you go back Yep. Look at the photos or No, the slide where you had the square footage. Oh yeah,

this one. Is there anything that somebody is inspecting and or doing that will change these two bullets where the 46% attic space and or the square footage? Yeah, that's why we're having one of the architecture firms do a full render because like when we had the measurements it was like from someone else and they just used like measure table like we were trying to prepare and basically with this we'll have a full thing they'll sign off on it and you guys can see like pictures and everything that'll support the measurements and everything.

So you'll think you'll meet the minimum 80%. Well, I won't know until they give me the I can't They need to say what's I just I won't speculate. Yeah. Is there question? Go ahead. Um, so am I right in hearing that when you're not the owner, correct? No, I'm just representing. So when the owners took possession of the property, they was already in there basically

I was just like doing work in front handling the bushes and stuff kind of make it clean there. Um and they were they thought everything was fine because they just that's what they came into. Um and when they saw it they were just trying to do everything they can to do it right. That's why they're trying to do their best. in the third floor now. No. So basically like we're just like trying to do our best. Um and that's why they're it's like new to them. So I'm just here to just help. Do they have an alternate plan if it comes back after they do

I have a couple questions. I want to What is your timeline? Do you know the timeline for when the you know you guys will be done getting whatever it is that you need looked at so you can have a better idea of what you need because I don't think this application is reflective of exactly what you need.

Yeah. Like we're okay if it's if it's from what I talked to them I think they're okay if it's still a twotory unit just I guess I mean perfectly fine. They're just um basically they're just trying to correct all the stuff they came into that they thought was okay, but like third level is basically they just thought they did correctly and they tried to go to the old owner and they just basically just

the problem came on and they're just that's why we're working with electricians. Like I just gave them access to the building. Um today the plumber showed up for another assessment to like check out the pipes, check out whatever they need to do, the water boilers, everything that they need to do as licensed plumbers to follow code, which is hard because everyone's busy. And my my last question is more for council. How long do we h if we were to defer? How long do we have to defer? When do we have to make a decision on this application?

It's the hearing is still technically open. That's that's kind of up in the air for interpretation. Well, if the hearing closes without decision, 62 days. Yeah. But if you're leaving open for new information come and with Yeah, just trying to get information also. Um I I was checking with them in case it's most likely maybe around like they're just they're rough estimates so far. They're not

just to answer your previous question. Okay. I'm looking at the you currently have Yes. So, we're just trying to maintain do do like what we can before like anything else because we're trying to follow whatever we got just they're just in this basically trying to do.

Thank you. Any additional questions from the board? If the board so sees Finn, I don't know why we would act in haste on a pretty rudimentary piece. We will know whether it meets the 80% or the 1,00 upon their thing. So, I would entertain. Is there a motion to defer? Second. It's been moved and seconded to defer the conditional use permit for 84 Madison Avenue. Um is there any unreiness hearing? None. All in favor, please say I. I. Those opposed. Unanimous. Thank you much.

I hope I answered everything you can. Thank you. All right. Next on the meeting agenda is an amendment for the development plan review for 705 Broadway. Mr. Hersburg.

Thank you, Mr. Chairman. Daniel Hzburg, former Hburg and Hburg representing the LLC who are the applicants. Uh this project's been around for a while. I got involved with for like 17 years myself. Um the last approval we got was when the uh I had place hotel was approved. That's already built on Montgomery Street. So that's that was actually onethird of the site. The rest of the site is supposed to develop now. And the location is the empty field there which is entirely impervious. Um this may have been a brown field. There's been a significant demolition and removal of hazardous waste and and um that had all been accomp accomplished. Uh the uh this is an interesting project because it brings the first class A office space construction in the city of Orman for about 10 years. If you want to switch to the next sheet, that's the existing edition. It shows the hotel at the bottom of the sheet. That's on sheet. On the right hand side is Spencer Street. On top of the sheet is Broadway. Go to the next. This is This shows the history of it. I have to I have to thank Anna for putting it together. She actually uh went all through the existing situation that we went through. Um we had take that uh actually three times I think all all along by the first time. So I I and this proposed amendment is actually less demanding on the environment than the previous less water use more green space and we think that it and actually the

traffic generation is less than previously. This comparison shows it pretty well. Um, over there in the lower right hand corner, we're actually proposing is 18,000 gallons less of water and generating sewer, almost 19,000. Simply the number of res residency in this town. The hotel was originally proposed for 136 and we got it approved for 110. Um and the retail space went down significantly because the concentration there was an office space. You see the office space 102,000 square ft of office space and that building is primarily office space and a restaurant. The residential building does have some retail square foot the 4,000 foot of retail space. It also has a fitness center which should be used for use by people in the in the office or the people in the residential unit. Uh and it has a roof patio which will be open for use. The next one shows u this is the site plan we're applying for today. The building in the front on Broadway is is the ninetory office building. Um, and the building with a little bend in it is the residential building. 56 units worth of res. The area over on the site shows how we're meeting the recreational space. We have uh we exceed the amount of recreational space required. Um, by taking into account the rooftop plan, the uh the fitness center and the apartment building, the patio around it. And there's two uh what I call plaza areas on our plan and all those hold up to more recreational space than we

require. The the next plan uh shows this is actually a water service. Uh we didn't want to go across Broadway. It's a tough thing to cross. I tried to do it a number of times. All was variable success at various times. uh that we tied into the 12in water man on Spencer Street which was requested by the Albany Water Department that we tie in that way. So we we have the two two buildings tied into uh Spencer Street and the sewer plan which is next shows we bring it all the way down and back out the back so it's tied in. This is all separated sanitary sewers. So it's tied in directly to interceptor sewer which is ideal this time. A lot of the sewers that that come down this area are combined sewers but we're actually putting a course of separate sewers to handle this project. And next I think we have the storm water. The storm water plant was developed when the hotel was put in and a lot of this uh is already installed. You do have a hydrogonamic separator which is a device shown on the right hand side of that sheet which is a way to clean up the storm water before you discharge it. It takes solids out of it and the photos out of it and it has to be cleaned about once a year but it's a great device to clean up storm water so that this storm water that you discharge is not dirty. Next is the landscaping. We we've shown we show some uh planters on the edge of that u restaurant that restaurant require an easement from the city to build and full out. If we don't get that, we'll have to go it back to the property. We think it'll be a good use of that space because it ties in

with the Quacker Square use now and it'll be a great use for that portion of the site. But that restaurant area is green by some planters. We also added we did have a problem with screening that that transformer over on Spencer Street. It's up at the corner there. Hang doesn't like shrubs around her around her transformers. We don't like transformers sticking out in the open. So, what we did there, we took a we proposed to put a series of pots in there, three foot diameter ceramic pots with plants in them that can be put there and then if Magnumok ever has to get to it, they can move them out of the way. That's the way we we screen that around that trans three sides around that transformer. We think it works quite well as a method of trying the other transformers at the back of the site where it's going to be easily screened. The uh the next plan I think show is the lighting plan. We have two main light standards in the middle of the parking that light that entire parking area. additional parking at the entrances of the building. Uh parking under there. There is parking underneath that the wing of the par building on Spencer Street. You see it outlined in there. And there's two handicap spots up by the entrance there which has immediate access to the uh elevator lobby in the residential building. in order to uh have that lighting lighting will be on underneath of that of the first floor will light that parking area. The next one is to rent this elevation of the new ntory building. It's called mixed use because we do have a restaurant in it. It's uh it has a lot of uh we think attractive

details to it. We think it's be a great addition to the streetscape and uh like I said it it's the first class A office building since 675 Broadway that that was the last class A office space that was constru next the floor the use building is a little light but uh that that shows the restaurant area and the uh and the uh then balance the area and it's primarily support for the offices above it. There's bike storage shown on the first floor and we uh there's a utility space and uh other things that you need to maintain the offices. The offices do have a tenant that's been identified which is a law firm that maintains office here. Um, they're going to be taking most of the building. Uh, I don't want to plead for approval tonight, but Chris Betty's beating me over the head. Has he has a schedule to submit this building for approval to the client uh in a short period of time by the end of 2027. So, it's really has to get started on it's a significant building. The foundation of it is done by uh what's called end bearing scale piles. So, driving on here. Both buildings have that sort of foundation. That's the material beneath here has all been excavated and put back, but we can't support the foundation for the ntory building. Next is this is the penthouse plan at the the rooftop area there. Uh we think it makes use of the u the upper area. It's got the penthouse plan on the left and roof area on the right. The

Next sheet is I think the front elevation which again a little white but that's the front elevation of next use which you saw in the render view. Next one is the side elevations of the building there. There's an awful lot of glazing on the building but we think that makes it look attractive. As you go forward to the and that's the rear elevation which looks a lot like the front elevation but it's actually a little deeper because the building goes down about 7 ft from the faces from Broadway to the rear of the building and the building is actually one story different in the back than it is. This is the mix of the residential building. This is the the fourstory all the parking. This is the residential building. We think that is also use of a slightly different modality of of construction. That's the view from Broadway, the building on the right. And there's two little patios areas I talked about. There's one there's one where the flag is and there's a small one at the corner, Spencer. These are the front rear elevations of that building. Again, I think the rear view looks much better. these drawn elevations and that's the side elevation of both looking from Spencer Street and looking from the parking lot. This is a building section showing how it's built with the columns holding up the building and the parking beneath. This is a lower level plan which has the uh fitness center and parking and it has a um some other utilities on it. The next

level the first floor is the mixed use building has a retail space and I'm sorry fitness centers on the first floor. It's that odd shaped unit there behind a retail space and Because you have examples of the second through the fourth floor which are which are which will be identical which shows the roof plan that she's building have a patio there are both side are lower than an angle so they're not usable and patio area is connected to a stairway and it also has a connection to a second stairway. That's it.

We're done. All right. See no public comment or written comments. Any questions from the board? I think we saw this last month as well. Yep. September 11th and read about it in every local publication that there is at the capital region and watched on the news. Are there any questions? Good staff report.

I did try to truncate it a little bit from our last review where I tried to put some specific things on the record regarding Seeker. So, this is a little bit shortened um a little bit. The current iteration obviously is following the two previous approvals for similarly scope proposals um which was previously 82 Montgomery and 705 Broadway. Um Dan provided the comparative table which we can look at again if needed. Um but obviously this proposal includes the ninestory structure with office um four-story mixie structure with 56 dwelling units and 4,000 ft of retail and the off- streetet spaces. Um it does also require a design review of tall building um approval as it exceeds 100 ft. Um it would be for 130 because of the change in grade. Same table as previously. Um it was referred to the Albby County Planning Board which um they failed to meet quorum twice. So we did not receive the recommendation back. Um, as I said with Seeker, um, I did say this on the record previously, but the main point is that we provided a technical memo in just recently prior to the September meeting similar to the one in 2019. Um, the main point is the prior NEG deck um is valid and there's no supplemental seeker review warranted. Um, the project generally is a a lesser impact. Um, we reviewed impact on land, impact on flooding, historic and archaeological resources, and transportation as was done with the original approval. Um, we've had a few updates in the last uh 24 hours um and since our conversation on Friday. So, I've just kind of stried through some things. Um it primar generally everything has been updated as required but just to go back

through all the uses are permitted in the mix downtown zoning district. Um we do just need something for the uh affordable housing requirement. We're doing this off the 2017 standard. So it would require just three units. Um I assume that on-site laundry is included in the individual units um rather than a shared but we just

Yeah. So, we just need to see that on a floor plan or have that written to confirm. Um, it's now been noted that the sidewalks are be replaced and there is an internal um kind of pedestrian connection shown um from the hotel up to the restaurant area. Um, a lot or subdivision would not be proposed currently. Um, and the zoning district is exempt from off- streetet parking requirements. Obviously, as we saw, there are some proposed. Um, I think we just need to confirm that it is 76 because I think it might be a little bit less than that. Um, maybe 75, in which case just the two ADA spaces shown would be appropriate. Um, there's previously been discussion about a shared parking agreement with the parking authority in Quack and Bush Garage. So, if that comes to fruition, we would just ask for a copy of that execute agreement. Um, I believe a bicycle rack is proposed. Um, we just don't quite know the location or maybe I missed it in the revision. Um, snow storage is going to be offsite as indicated in the revised plan from yesterday. Um, there is a off- streetet loading area proposed kind of on the rear of the restaurant. Um, and street trees have been added to the plan set as well as the location of the trash and the mechanical equipment. um which as we discussed the transformer um would be appropriately screened and the public entrances have been shown as well as the lighting detail um excuse me we received engineering comments in the beginning of September as well as water department comments um and Dan has addressed the water department comments so we'll be going back and forth with them forestry and DJS are outstanding but we did have a discussion at the technical review committee. So those comments are known.

With all that being said, um we do recommend approval of the amendment to the DPR with conditions, which is a long list. Um and we also recommend approval of the design review of tall buildings. I'm happy to go through conditions as when needed. Um primarily they are approval by each of the required um departments. So water department um DGS and engineering um and then just noting the easement or license agreement. Um and the execute agreement for shared parking. The the first ones are just those last couple edits to the site plan and floor plan which is much reduced than my list on Friday. All right. Thank you.

Questions on that? Any questions for staff from the board? Hearing none. Is there a motion to approve the amendment of the development plan and the design review of tall buildings? Decision. Okay. Is there a motion? Moved. Okay. Is there a second?

It's been moved and seconded to approve the amendment to their previously approved development plan review and the design review of tall buildings. Hearing no questions. All in favor, please say I. I. Those opposed. Motion carries. Thank you. Okay. Yeah or something somewhere. I'll be in bed soon. Two more.

Uh development plan review for 315 Northern Boulevard, LV Apartments Limited. Mr. Hersburg, come on back to the hot seat. proposals for 97 new dwelling units in a new fourstory building which would be an extension of the existing 103 dwelling units at the Living Livingston School Apartments. The project includes 43 off street parking spaces, a portion of which would be an enclosed garage. proposal includes purchase and consolidation of 8,255 square ft of a portion of North Manning Boulevard rightway.

Thank you, Mr.

Daniel Hburg from Hburg and Hburg School. Uh the uh with me are representatives from wind development and uh some of the units will be for um for for people that qualify for soldier on which are veterans. They run a wonderful program that's been adopted in many communities around us. Um when already owns and developed the what's called Philips Livingston one even though I believe called Livingston Apartments one I believe before we go to market this will have a better name than Livingston Apartments 2 because Yeah, they said they're going to work on that marketing. This shows the building, the red stars, the area, the green, the grass area joining uh the the living. Uh the other side is a school. Uh the big green area in the middle is owned by the city and what's called Park Road. It's actually a driveway. It loops around between Northern Boulevard and Van Boulevard. And this is the existing business site. It shows the parking over on the left hand side of the plant. It shows the park road around it. It shows the green area in front of it and a vacant area over the side. There's a portion of this site very over at the very right hand end of the site which we proposed uh to acquire a letter of intent from the city to enter into a permanent lease a permanent easement for that piece to the applicant. It's actually a portion of

hanging boulevard which is in use will not be needed for ingress and eress and will not affect the nature preserve approve. Next is corn view of the same plan. And what it does show is it shows the area that will be repaved that driveway come around the back and enter from existing parking lot on the left hand side of the site. And that's so we don't have to use the only emergency access out to that so that we can keep uh the traffic off that section of that ballark which is the entrance to the park. So all the traffic will come in around the building from the left and into the parking area behind or into the parking beneath the building and only in case of emergency will people go out to main be a gate there to make that service. And the water services plan shows essentially we have to bring the service around the building to the rear where the water room is and water room is. It's not very long section but it will be done. The water is available right at the intersection of park road and man. Next is a sanitary sewer plant profile. Again, that um we have to do two things. There is a sewer by a dott line going right across area of the building which has to be relocated. That'll be relocated out into Manning Boulevard and around the building. That's throughout the longer section of sanitary sewer. And then we have to do a smaller section sanitary to

the lateral so we can enter into that um storm water plant is essentially a storm water retention area at the back that discharges into a separate storm sore sewer here is actually separated. So again the picture on the left on the right shows the uh layout of with the tension basin large diameter pipes surrounded by stone where water comes in and when storm subsides they drain out so they're entirely dry great storing storm watercaping We have landscaping in front along the park road. Even though it's a priv it's really a private driveway, it's not really a road, but we added landscaping on that side. We have a number of smaller plants of landscaping around the building, which we think will make it attractive, make it look as nice as it does in the regular. Here's here's the front elevation of the building. the shade of the porch on the left is the existing portion of apartments and one section going down on the right is all added. And you can see how the last section at the right mics. That's what we call it high school.

The uh

Oops. ship a write off on that was this building on the register of historic places of historic places and they reviewed it and the architect brought it to them and made a few revisions and they very pleased with the project now. So we did get their letter approving this for this is the side elevation and the next one is actually rear elevation. You can see the ghost in portion on on the right hand side of the sheet, the building forward and the portion on the left hand side. It's all new construction. This is the basement and ground floor plans. We do have subsurface parking, you know, parking underneath the building, a portion of the building. The rest of it is actually a basement plan. There are facilities in there that we use for general uh nature of the building. And then if we go up a little bit, we see first and second floor plans pretty much identical. It does show a connection into the existing building which comes at where the auditorium elevation views we landscaping plan as those landscaping have shown around that building. It's uh it's good. Again, we we didn't want to go with very tall stuff next to

the building. Number one, the fire department doesn't like it. And secondly, we had a lot of windows there. We didn't want screen. So, we went with shorter evergreen shrubs around there that will be really easy to maintain. This is the view. If you're standing on Northern Boulevard, opposite building, this is what it looks like. We think it blends in quite well with the existing building and we think of a great view. And this is this is the front standing over front of Livingston Apartments and looking to the right. This is where your two apartments which I think shows the context of the building quite well. I think, you know, it shows that the building fits quite well onto the site and it looks I think it looks good. Of course, I'm a little painted with that because I'm working on a project, but I think it does look. Next, we have this is a site plan which shows the things that we have there. And over on the right is the is the improvements made for the Ty Park project. This is the existing gym and the existing madiatorum and how they're tied into the existing building. Of course, on the right is a new building. The ones in blue are the existing building.

That's everything done. Okay, we're done. All right. questions. Okay. Any preliminary questions from the board? Can I say a quick question about your um so you said you had a ship overview and they were satisfied with like the facade of your building sufficiently differentiated historic architecture. Yeah, they did. They we had to play around with satisfy. They didn't want to exactly but they like the fact that it was consistent with

interior standard just about that. Yes. Any additional questions for the board on your site? Yeah, there's a lighting plan at the back of the building. Uh it's just on the parking lot in the front area. There's currently existing lighting around Park Road. We're considering perhaps some a few lights, but that's all we really need at the

Do you want to see it, Sh? I think it was a request for additional info. There was, right? I think we Yeah, I think we're missing it from what I remember. All right. Want to acknowledge the written comments from Sheabaz and D Costa. Um, we have five folks listed for public comment. We'll start with Robin Shaw. Remind me one of our Oh, three minutes. That was real quick.

Yes, please have a seat. Say your name and where you live. I'm Robin Shaw. I'm a resident at um Livingston School Apartments and I've been there going in and

I want to say that I really love the idea and the concept of this project and I love where I live and this is why I'm here. Um I did hand out I don't know if any of you seen them on the table some of the concerns we have. Um, and I printed out um the profile on one of the sex offenders that has been doiciled to 315 Northern Boulevard. It's concerning that this was allowed to somehow slide through the cracks. Um, on the last page of what I handed out to you is the frequency and the guidelines that New York State uses to update the sex offender registry and in the proximity of the schools I am concerned in with a lot of um elderly women such as my not I'm not elderly but anyway um I there's a lot of single women living in the building and we do have a right to be safe. I'm I'm concerned with adding another 97 apartments. um without some kind of security and safety measures in place that um we need to take a look at that. Um I also handed out on here tending concerns, a big thing that I do have an issue with is parking. Um since we have the three schools that park road, um as much as it was lovely mentioned as a driveway, it is anything but that. It's almost akin to a freeway, especially during drop off and uh exit hours for school. The parents are reckless coming through Park Road. Um you have a lot of handicapping people and um tenants who are in wheelchairs trying to um come and go in and minivans and all this other stuff. I think that um I would like to see the project cut into the field that's in front of the uh buildings in the proposed new building

and designate some more parking areas. Probably block off the uh part of Park Road that is right in front of the school and create a mini roundabout so that you're just coming in and out. Um other concerns were the illegal use of um drugs and um uh trafficking in the building uh quiet hour disturbances and the list goes on which is why I just had to. So just wanted to express these concerns. I plan on following this project closely and you probably will see more of me. Thank you. Um, just really quick, if you had that digital, you can email it to me or if the um the handouts you provided, if you wanted to email them to me, that would be awesome. Or or I can do a SC on it. That's preferred.

I can get your email address. Yep. Get that for clarity. Yeah. Park is the road that goes in front of Living in front of you. It's used by everybody during the school drop off and all of that.

Oh, yeah. they zoom through. Um there's been almost a no I I myself have even leaving for work have almost missed being hit, you know, by parents. They don't pay attention. They're on the phones. They're doing whatever. It's not their freeway. Even the school buses have been going in through there. I would really, really, really love to see that end either gated off similar to like a hospital parking lot where they have the metal bar where even if it could be raised and lowered during certain hours of the day and then opened, you know, during other times and have like like they said create more parking spots because they're currently just not enough parking spots. So, Park Road is city property.

Yes. Yes. As well as that green field in front of it. And no one uses it except for uh soccer players who actually should not be there. Again, they're out there smoking weed, littering. Thank you. littering and even threatening to assault us because they get our cars with their soccer. So, it's been a public nuisance and I don't think the city should find that uh some of that space is allocated for uh additional parking spaces for the existing and the upcoming structure. And we don't think that new additional parking spaces with the new part of the project will will help at all.

No. I believe Park Road is private. You think Park Road is private? Yeah, it's on their parcel. I believe Park Road is private living. It's part of Well, it's a roundabout. I'm going to create Yeah, because currently you can go in one way and come out where the schools are. So, the parents are to avoiding the school traffic crunch. They speed through our roadway and I would like to call reference it moving forward as a roadway not a driveway. Okay. Now I'm gonna go backwards. Didn't we just approve some K roadway parking?

Yeah, there's proposed traffic signal there. I think that's a requirement. Um so that should be going in soon. I don't know the timeline to avoid that where they just put the new traffic light. They're speeding through our our roadway. So the the parking lot is where your where the hand is right there. But they're coming in in front down there and going through. Yes. But there's also which is why like to see a barricade because you can get Can you go down a little bit? Yep. Cuz I've been there fast game. So no back to where it was. You can get bottlenecked in that right

parking lot the way it is now. So I totally understand what she's saying because it's one way in, one way out. But because they have this this um Park Road. Yeah. Park Road, which is the entrance is right there because it's not two-way. It's one way. It's one way. So you're leaving from here and going out into Boulevard. So in essence, if you don't

I'm old. Sorry. But all right. So even though it's two-way, but still you're able is wide enough that you can go through and you miss the bottleneck here at Northern Boulevard at Northern Boulevard. But Park Road is a private road and since they did install the traffic light, um the congestion from the schools is a lot better. So, I would like to see Park Road blocked off with some kind of barrier that prevents access from the school parents uh during those hours. No, like a

gate to open. You still need Well, what I was also um and I'm sure referencing is creating like a mini roundabout in the front of the building so that when people who are getting services and transportation, they could come in this front end here, loop around and then come out the same way. So you're saying in this front the front entrance green area. Yep. Make that a round road for pickups and drop offs.

No, for for tenants, not for students because of the students. They be blocked off. No, no, I understand. Just trying to I'm trying to picture it. All right. Thank you very much, Celeste. Come on down. You are the next contestant.

Hello. Good evening everybody. My name is Celeste Vono and I'm the president of the tennis union at 315 Northern Boulevard. Um I guess I sit in a different way than um a former tenant, Miss Robin. I'm coming because we have a demand letter to win of some of the things that we need done in our building that we live in, but yet you're constructing another building. And so we have submitted a letter of demand with a 30-day window for them to respond by November the 7th. And as this project is going forward, we would like to have our demands met prior to that

so that we're taking care of those things in the building as you're you're doing a construction of a new building which is going to have access to everything and everything will be there. So um I don't know if you want me to um elaborate on the things that we are asking um for when to do. One of the things that we have asked if I can say um we need timely management, timely maintenance in our building. Um regular communication. Um we did have a air quality done which was last year. Now, we're asking for them to do a mold um so that we could test and make sure that there's no mold. Um we have a fourth floor that when construction was done for Livingston School Apartments, the fourth floor was never touched because that wasn't in the occupational living. But there's problems from the fourth floor that stems to the third floor where we have leaks in several apartments and so we would like that to be taken care of. We do know that there was a code violation. We are not privy to that information. So, we would like to know if that is still going on and there is some violations that we believe that are there, but we don't have that information. Uh, when there was a leak, what happened? We did have code come out, but co wasn't able to get to the fourth floor because it was locked. And so, um, and we don't have any information since that time. Um, our roof where you're doing a new construction, but our roof at 315

Northern Boulevard needs to be fixed. They told us because of the architecture and the way and it's a historical building is very costly to get that done. But even though being costly, you're building a new deficit and that's it for me. Oh, please finish. Okay. And so, um, um, again, um, we was talking about the wide mold of testing. We like that done. Um, the roof and mortar damage.

Um, we've been in the building. I've been in the building since it came in, since it was um, built. And so, there's things beautifification because it is a beautiful building. And we just want to ask when to just step it up and let's get this building still in good shape as we build the next phase. We're not saying don't build the next phase.

We're just saying take care of phase one. Do the things that we need to do. So I'm want to do paper trail. We've had our first demand letter and yes they did. We had 15 things that we wanted done and they did comply except for two. So now we have our second letter of demand and we're just asking them to do that and yes bill for the veterans. My father was a veteran. That's well I I approve that. But let's take care of home first which is phase one and then go into phase two. And that doesn't mean to stop the construction. That's not what we're saying. And I don't want representatives think that we're saying stop the construction. take in consideration that you have a building there and let's keep that up to

Thank you very much. Did you are your comments written? I can email them please. Yeah, we'll get you the email. Okay, perfect. Thank you. You said they they addressed most of what you had submitted, but there were two things that were not. Can I just ask those two? That was the fourth floor. Okay. And uh the roof. So, we needed handicap accessible to our community room. They did that. um our garbage area was a mess and they did bring somebody in there and they still need to come in and do some things but tenants also need to do what they need to do too.

So you know the doors of the um compactor cuz when you pushing a lot of garbage down that breaks it. So that's not just wind that's tenants have to do that part too. And so um they were able they cleaned the carpets. We do have some things beautifification that needs to stay cuz if you going to bring this beautiful building in so let's keep this one. So this is the one that you know showing off what's next. So, let's keep that pretty,

you know. And again, I'm not saying don't, and I don't make that decision, but I'm not saying don't go to your construction, start your construction, but take care of the demands that we are asking for. And yes, security. Um, I'm in touch with Miss Valley who is a part of the school district. I talk to her on a regular basis. I have heard dial dial right in. And they are doing a roundabout in the back of the middle school that has not been completed where the school bus will go in, enter in from Northern Boulevard, I believe that is, and then come in and go around. And so that hasn't been completed yet. So now we still got additional traffic coming through.

Yes, we do. If the city could be able to give us the speed bumps, that would be amazing because the speed bumps that we have, they're not working. But we do have traffic, but they are they are aware of our concern. We have sent a letter to them also. They are aware of we didn't send it to the city, but we sent it to the school. Okay. and he miss school

um about our concerns. They have come to the table many times show up in Tivia Lake before their construction. They brought in the layout. They talked with us and we're asking when to do the sale. Thank you. Thank you very much. I see. Yes. Who's Max?

Thank you very much. I guess um I'm I'm all for the veterans in them buildings. I'm with Celeste for everything that she said. She said, "I'm for that and I'm with that. I'm on her committee. I'm on that committee." Um, I am one of the tenants there. And so she and um what we were asking is, you know, like we like she said, you know, it's okay for you to build phase two, but take care of phase one, right?

And we're not we're being left out, okay? We're being left out. We're being like forgotten about or something. I don't know. But I mean, I've been there for almost 11 years and I have not gotten a paper. I mean, come on.

I've been there since almost 11 years, too. And to make this work, I asked for them to do like my apartment. I've been there. I moved upstairs on the third floor. Okay. And I moved downstairs to the first I think about the second and third floor. They had pipes at first and all the water came from I think it was the third floor, the fourth floor all the way down to the first floor. It's like a waterfall. All the water came down. I think I had load in my apartment because it was behind the walls. I have um like cyst that grew in my throat. So my doctor's looking at that I have mold spots in my throat. Now I'm on medication. So they thinking it's coming from in my kitchen cuz this black stuff was growing out of the pipe out of the I guess I don't know what you call it's frankly when you get water black hair look like it was hair grown up. Kevin says the man says the night he just pulls it down out of it. Didn't have it tested or nothing. It should have been tested what was wrong. So, I don't know what it was, but I'm getting like white spots in my throat. So, I might have to have more surgery. So, um she's thinking about sending the health department out, but she's going to send them send one a letter, tell them that they need to check that building, check inside my kitchen cuz that's where it was thrown at. So I so I won't know anything for another two months when I go back to the doctors and they find out which is causing it. So they have me on medication as of now that I'm taking it. So I want to live I don't want to die in that apartment.

So that's my main issue with them cuz I didn't have it when I moved there. Okay. So now I do have something wrong.

Okay. Thank you for sharing. Thank you both. Bares. Yes. Good evening.

My name is Hans. I'm a res like a lot of these individuals here. Um I believe that veterans, you need to look out for them. Some of them have different elements. Some of this mental and some of some of this physical. In saying that, I agree with everyone has said about the building and what we need as a resident already at Lincoln Livingston Apartments. My concern is who decided that it would be okay to put a veterans um arrangement um building there. There's three schools. Three schools. We're not even mentioning what somebody did. The seniors who live here now live there. Now, I'm concerned about the security. Some veter veterans, like I said, are physically not well. There's some that are aren't that are not well mentally. And then here we are. What about our security? It's so close to the building we live at or we live at. Nobody's thinking about the children that are there. And these kids get out of school at different times during the day. What if their parents are waiting for them? What if there's a veteran that has mental problems and he sees a kid or a tenant and it reminds him of something, somebody's going to get hurt, somebody's injured at that situation. So, what we're asking for and what I'm I'm not feeling comfortable when I went to the first meeting because no one said, "Well, what do you think? about the Do we need security? Hell yes, we need security. We

need to be safe. We're seniors. We chose to live where we're living at right now. And because we're seniors, does it mean that we shouldn't feel safe? We need security. That building is so close. It's right there. What's going to stop someone from coming outside? And most of our tenants are women. And most of our tenants, some of them work, but they go outside at different times of the day and night. So that's not security for me. And a lot of tenants feel the same way. Secure us. Get things done in the building that we need to be done. I'm going to the doctors also just like another tenant because the management won't clean the filters out. When I moved there, I had to pay someone. I asked the manager. He said, "Oh, we don't do that. They don't come off." I paid someone to take the filters down, the cover, take them down and wash it out and put better filters in. And this is a location where the manager says, "Oh, air doesn't come through there." That's not making you cough or wake up 2:00 in the morning, you can't breathe. I believe it can be done. So, I know it can be done. And like this lady said, I'm a senior, but I'm not ready to die. I want to be as healthy as I can. And and if I'm sincere about that, we all have to look out for our health and security. And I don't know how whoever okay this thought it was all right to have a veteran's dwelling there, right close to where the

kids get out of school. Some parents are late for picking their kids up. And like I said, us women or even men, we go out different times of the day and night. Those who have dogs, they're out there two and three times a day and especially at night. So, I'm just saying that we need some security if answer but we need some security. We've already okay that building to be built right there which is too close for senior development and too close for three schools out of there with children. Who's going to be looking after our kids if something goes wrong? Whose fault is it going to be?

I think we we've heard schools security, air quality, we've heard. We appreciate it. Um, you've exceeded your time. Fine. Um, but we heard you and anything I will say this, I think I've said this to the other folks. Anything that you're expressing today, you should also send in writing, share with the staff so that it can be in the file. That's great. Thank you so much. Thank you, Cheryl.

I don't speak as eloquently as the ladies who've been here, so I'm going to move to you if you don't mind. I thank you for your time. Um, the comments below are mine. I'm aware that the existing 103 units at 315 Northern Boulevard house residents who are veterans, disabled, and senior, many of whom have outstanding concerns, as we've heard, for which they have had to resort to advocacy assistance through the United efforts to gain uh results for their concerns. I have no authority to speak on their behalf, but you know, why do I mention this? First, because they're my neighbors and I care about them and their rights. Um, second it because I question the wisdom of bringing in additional at risk individuals when existing matters are less than satisfactory and even escalating. Um, the issues I'm aware of are as follows. Maintenance of surrounding sidewalks and streets rather than impassible for wheelchairs. Uh, lack of handicap parking, existing building leaks, uh, treatment power outages, unwashed windows, non-repair. Um, tenative again. My concerns for the larger neighborhood are as follows. Potential stress on all individuals living in this area, including the proposed uh, you know, phase two of this project expansion by housing additional atrisisk individuals here. Um, there are already shootings in broad daylight just around the corner. There are sounds of gunshots. That's quite disturbing. How desirable is it for at risk veterans, you know, who probably suffer from PTSD? There are fireworks all summer long. They start in around Memorial Day and go all summer long, but especially around the 4th of July. Um, you know, and and neighbors in that area have shut down the street and used the

Livingston uh parking lot next door to me as their firework launching pad. and the city the have has done nothing about it. Um there existing and worsening traffic concerns and congestion with the kids school. Uh new issues that have descended upon us in the past month with all of the the you know all the children and um I'm aware that my time is running out. Um there are persistent uh frequent spraying of pesticides on the lawn and some of the seniors uh have a vegetable garden there and there's no advanced legal I believe it's legally required advanced notice in Albany County in over 10 years we have never received any notice that pesticides would spread. I am also concerned for Tippoly Preserve. Um, yeah. Which nobody seems seems to think that is going to be impacted, but of course it's impacted. I mean, I have as many as six deer coming out of the preserve and into my my yard, you know, at a time when services for at risk and vulnerable individuals, veterans, seniors, and disabled persons are being cut. Why do we want to bring more stress onto the local system? Should I

Is that the written comment you provided? Is that the Pardon me? Is that the same as the written comment you provided? Comment that I did that I didn't close your close out your remarks for us, please.

I'll just close out my remarks then by saying uh please while I'm aware that at a time of the proposal gets to be public notice, it's largely a done deal. I'm just begging you to reconsider at at this time and to consider all of the concerns that have been presented to you. Um, not that the veterans don't deserve. Yes, I thank God for our veterans. Um, but please take care of what's there now. Make people say that. I leave you with the words of Jane Goodall. Every single day you live, you make a difference in the world. And you get to choose the difference. [Applause] Thank you. Any followup questions for board members?

The comment period is closed. Who asked Oh, the developers. Yeah. Do you have more questions for me? Do the board. Do you have any questions for the developers? Um, a lot of these issues were code issues. Yeah, I was getting ready. Yeah, every issue you didn't come back up

to to be clear. Listen. Yeah,

we've been doing this for quite a while and I've I've been a part of many projects that have received, folks that have come and are not comfortable with what is happening. I want to commend the folks that submitted their written comments. And I'm sure for many of you, this might have been your first time talking in front of a board. I even commend the developer and Mr. Hersburg for presenting and going through the public process. Y'all, this is this is how it works. This is the process. That being said, what my colleague Shotti said, what they're here to talk to us about is the stuff that is in the unified sustainable development ordinance. The stuff that you all brought from the community. Y'all need to be talking Albany police, the city of Albany building codes and whip. This is very much relational. There was something in I think it was from uh Celeste Bonds when you spoke. I saw that there was probably ability for you all to take some steps forward if you open your ears and your hearts and listen to each other. um that is not for us to deliberate and negotiate in a planning board. So I'm going to give the developer a chance to talk about some of these issues, allow my colleagues to ask the questions, but again overall want to thank everybody for participating today, taking time out of your uh Tuesday evening here in October to come out and participate in the public process. Thank you all. Shotty,

great. So to tap on to what Christopher said, the a lot of the complaints that we've heard about concerns with building photos. So some of the questions we can't necessarily comment on building but we can provide feedback on what's missing in the document question I guess is how are you building it sounds like you started to address some of the code issues but there was a lot

yes point that we did not cover at the I'm just appreciate all the comments that we taken seriously and starting also um fees. Can you speak up just a little? Sorry. I can barely hear

folks back there. Yeah. Yeah. Just saying that. Um yeah, we'll address those comments. We really appreciate all the comments today and um all the residents that are here today will be addressing those comments with our regular meetings with them. um as well as um this new base means that there will be more resources um as well as additional employees in the campus which will help us to address those comments that you heard as well. I just want to go back to one more site just about existing building that the group can talk about which we are having. Do you know the connection or the connection one? Yeah, connection one.

Yeah. There is that space there. It's part of the existing building where that existing zoom is purple one that will be having conversation with.

So I'm Bruce Buckley. I'm the CEO of Soldier on. I'm not part of win. We've partnered on other properties together very successfully. Um, but I think some of the issues that we met with the with the some of the residents last week and had some of this discussion, but I've since got some more confirmation um that I talked about last week that we do a lot in this area in the veteran community. Soldier on is here on the ground with boots on the ground and we've been here since 2011 um in a variety of programs. We've done a lot with the Albany County Jail and Sheriff Apple. I'm pretty friendly with Sheriff Apple. He would love to, and I confirmed it on my way over today, do a satellite office for this building to be in the building in this gym area where we intend to have other service providers. We've talked to the VA about having on-site services and then other more general community providers. So, right now it's an empty gym that would be available with these services for the entire building, not just the addition. Um, the other piece is we have several other projects in New York State. And if you're not familiar with ESHI, I'm not sure that's in your world or not, but ESHI is, I think, a great program in New York State. It's the Empire State Supportive Housing Initiative, and it gives nonprofits like us the ability to fund more staff, more services in addition to the rents. So, we we do this in several buildings. We just built a building on 35 Broadway that we partnered with another developer and it's been open for 7 months. Um, but anyways, would be part of this. So, we would have staff on site working with the men and women in our property. And then I would just like to add because we do a lot of different work in the

veteran community. I've got about 400 other units that would be very similar to this and I think some of the concerns about veterans aren't what I see every day. So I do think that's not the men and women that we serve. I'm not saying there won't be a problem. I'm sure there'll be some incident perhaps at some point, but we deal with these incidents. We have staff. We have the VA. We have other providers in the community. And we do this every day. So, this isn't a new population. If my kid went to that school and that building went in, I wouldn't be concerned about the men and women that live there. So, that's just me personally from doing this with 400 other units of similar housing.

Any other questions for the board? I asked a question. I'm sorry. I don't mean we we we we we cannot we cannot we cannot do a back and forth. That's this is not the place. Okay. I'm certain y'all are going to have some more community meetings before uh we uh return to have a discussion about this project again probably. Right. Well, after the meeting I would I be able to talk to Yeah. because something that kind of disturbed me a little and we'll save that for after the meeting. Are there any further questions

from Okay, you go back to which one you want to look at? There's one of the ones the the renderings. Okay. This one. This one. Yeah, not the photo ones. Oh, just the the from the bird's eye view or from the elevation? Elevation. That's it. Okay. So, the new building will be to the right, correct? Yeah. The existing building is the ghosted area on the left, right? Yeah. All of the stuff with the brown on it is new buildings.

So, it looks like you're connecting the new building to the old building. Yeah, there's there is a corridor connection. There is a corer. So that there's a gap between there's no gap between them, but there is a corridor. Okay. So that allows people from the veteran side to come into the old to the old I'm just going to say old or existing building.

Yeah, we discussed that at the meeting. We had a meeting with the with the residents previously and we told them there would be security to prevent the back and forth. goal here is is to rent back and forth unless there's a purpose where they go back and forth. Worst case, a staff member will have to allow them to go back and forth. It won't be an open, it won't be an open corridor for people. It would allow them into what's currently the gymnasium, but no further. So it so so yeah, so that's what I was getting to. There's some shared amenities, right? that allows them to have access to the shared amenities, but they shouldn't have access to the livable area. No.

Okay. So, that was my first question. Now, as you build the building, cuz construction is noisy, it's all the things that you're done with the building. What What do you have any plans to keep that disruption down for the people who are going to be literally right next to this construction.

That's probably closer than my val because we do an awful lot of noise control and we recommend the architects put a strict noise control section in their specs. It limits the hours. It limits the days and it and quite honestly once we get through with the excavation of the ground and the basic framing when you get into the internal work the noise level goes down significantly. But there's no way to excavate the soil or do the heavy work that you have to do as we quote quiet. But there are methods to make it more amenable for the hours that the people want to hear. We don't want starting at 6:00 in the morning. We know I'm working on Sundays, things like that. All those things are in our noise control section of our specifications.

Thank you very much. Any additional questions? More of a a comment. So, you know, as our chair kind of noted earlier, like there are specific things that we as a planning board are considering like specifically the USDO, but one of the things right when we're doing development plan review, it's you know, the language, you know, projects will not create significant adverse impacts on the surrounding neighborhood or any significant adverse impact limited or will not create risk to public health or safety, which to me also includes the perception of

and so part of impact for me is is very obvious what impact on the community. So when you create your presentation decks and I've seen this on, you know, board zoning appeals particularly when I sat on that board, we asked almost every applicant, what work did you do to talk about this project with your community? And I think that goes to talking about right impacts and and there's been many verbal comments that you've had these community meetings, but I think documenting that that is part of your process is very important, at least for me as a as a person on this board. And so just something to consider is impacts aren't just environmental, they're also the soc social sociological impacts of of a project. So so just for future consideration,

I would like to see that as part of your presentation because to me that is part of an impact in a community and this is a you know new building that has you know arguably many positive effects you know for veterans and and whomever. But but to me documenting some of that and showing us that you've done that work is important.

So many of the questions evolved around evolved around the existing building and not the new building. As a matter of fact, a lot of the speakers said there are no objection the new addition. They do have concerns about the building. We had a meeting uh last week where we had uh a good body of residents there probably 30 or 40 maybe a few more and when was in presence I was there represent the architect was there we all heard what they had to say when he guesses they're making up the list to do it and my guess is we'll have additional meetings as the project go forward because the only way to gauge whether or not we're successful is to hear from the people themselves who raise the issues that they think this you know I can stand up there and say what we're going to do until it's physically done until people see something so they won't understand they they have to say it themselves they have to be on that issue so we're aware of that and we'll take it in consideration

that meeting was attended by kids school as well so we are havingations was interested. Any additional questions, comments for the board staff report? Yeah, I did. You did. I be you have the last room. Well, the first three were Justine's old ones.

Um I could try to be brief. Obviously, we've gone over a lot of this before and we'll see the project again in the future. Um, as we noted, there are ongoing and recent improvements in the area, including the construction of the new Kip High School across the road, planned addition to the existing Kip Middle School, and improvements to adjacently preserve all that has come before the planning board in one way or another, either from approvals or public comment um in which it was raised. Um, the proposal is for the new four-story building um with the off- streetet garage parking and on street spaces to the rear. The proposed building would act as an extension with that um kind of hallway connector, the raised elevated connector. The access driveway would be um to the rear of the building from the existing parking lot. And as Dan mentioned, a portion of the rightway is proposed to be purchased and incorporated through lot consolidation in addition, I believe, to a subdivision of that new construction parcel. Is that correct? Um going through some of the specifics in the staff report um which is provided to the um applicant team. Uh the proposed building is it in keeping with the zoning standards for the mixeduse neighborhood edge. Um it is allowed an additional story due to the affordable housing incentive that's in our USDO. Um some use specific standards to the residential multi-unit dwelling is 10% of project site is for indoor outdoor passive or active recreation. Um and the community room and laundry I think we just need some additional square footage. Um but it does meet the requirement and on-site laundry is shown on the floor plan on the first floor adjacent to the parking garage. Um, some of these notes I believe maybe had been addressed in a comment letter that was

provided very recently, so I haven't had a chance to go through it. Um, but some of the sidewalks kind of dead end as proposed in the front. So, we recommend those are connected as well as adding um street amenities even though Park Road is a private road um something like a bench, bicycle rack or trash receptacle um is recommended. Um wanted to confirm that the access via the deadend man is emergency only. Sounds like it is. So if we can include that on the site plan indicate that there would be a gate and uh you know knockbox or whatever for the emergency services. Accounting for the 20% reduction in affordable housing incentive, the proximity to transit, so the CDTA bus stop and the on street parking credit. There are 43 off- streetet parking spaces required for the building of 97 units and the proposal meets that exactly along with the ADA spaces. Um we just need a few more revisions, you know, snow storage. Um I think the landscape plan is updated in the PowerPoint and I think probably in a future um plan set as well. So some of those um landscape that's in the elevation should also be shown on the landscape sheet for review by our forester um and DGS as well as the um lighting plan which I think Shotti had brought up previously. Um we just need to see any new proposed exterior lighting andor protection or relocation of the existing street lighting along Park Road. The project was referred out to the Alb County Planning Board as required um and we received recommendation back from this month um noting that it should be reviewed by Shipo. So um I think if we can have a copy of that letter of no adverse effect that would be appropriate. Um and then there was an advisory comment that the applicant should be required to provide adequate parking for the proposed use. Um so by

our standards it does meet that exactly. um project was referred out for comment earlier this month or early in September and thus far we've just received the department of engineering comment. So obviously we're expecting more coming in. The project known as Livingston School Apartments 2 for the purpose of the review. If the name changes in the future that's fine. Um is classified as a type one action um and that's due to the 25% threshold met um because it's substantially contiguous to a historic listing. That's the existing Livingston School apartment building. Um, and to start the seeker review, we did receive the part one of the full EAF which was amended again um to reflect the public agencies funding agencies. So the recommended action tonight would just be to initiate that seeker review um because it would be required to be coordinated with the various public funding agencies but otherwise we would defer um review of the development plan DPR 202528. So it's just secret lead agency just starting the coordination. Can I actually ask a question before we do

um would the the parking for the new the phase two would be shared parking like folks who live in the existing residences and the new all share the lots or are there separate lots for existing and I guess I'll I'll share where I'm going with this is I recognize it meets the required number of spaces and the required number of ADA spaces but given that it just comes to mind for me that if the existing population is heavily senior citizens, if not all seniors, and the new um addition is going to have a number of veterans. Might be wise to consider having more than two ADA spaces given that you might have an over representation of folks residing there that would need that kind of accommodation.

But the parking, the people claimed that there was adequate parking. I think they're talking around Park Road. That's the front entrance. That's where people like to park. But we do have significant parking off to the left and the rear of the building which is very rarely 100% full. Parking at at the left and the rear has significant parking capability. If you analyze the entire building site, there's plenty of parking. Question is convenient enough to be used by the residents in the building. That's why we worked out the 43 separate for that. The control of that will be up to William to determine how best to control We added the parking spaces whether or not there parking spots for people whether or not they're going to be designated for certain type of reserath. We definitely are preserving that big tree.

Protected and make certain that everybody that digs a hole stays away from If you go out there, you'll know the tree I'm talking about. Yeah. Any additional questions? All right. We have two actions on the first for deferral of the development plan review. Is there a motion? I move to defer.

Second. It's been moved and seconded to defer the development plan review for the Livingston property at 315 Northern Boulevard. Is there any readiness or questions on the motion? Hearing none, all in favor, please say I. I. Second motion for seeker. Is there a motion to declare uh lead agency for seeker? Is there a second? Second. It's been moved and seconded to declare lead agency for seeker. All in favor, please say I. Those opposed. Motion carry. Thank you very much. Thank you very much. Submission.

To folks in the audience, please remember that if you spoke today to submit your your comments via email as well so it can be the file. Planning department cards, contact information. It's on that table over there. Yep. Thank you. We just ask if there are conversations that are going to continue. If you wouldn't mind closing the door behind you when you step out in the hallways.

No, we still have one more project. Okay. I'm sorry. Absolutely.

Well, thank you. All right. Our final piece is a demo review, a development plan review for 402 North Pearl, KDBF, North Pearl LLC. John Beckham, that's you. You ready? Uh, yeah. I'll start from couch white. We're the attorneys for the applicant. That's JD on the end and second [Music]

I'll do that again. John from Couch J from the applicant Stephanie's from the architect. Okay.

So what we have here is the previously approved maintained site campus dispensary uh currently not being used or operated. U the building let's say needs some extensive repair. Um but because of the extent of the repair it's not try to repair it. It's better off to be mostly demolished. So, what is being proposed is a twostory structure um approximately the same size. We'll have a dispensary on the first floor and a cafe type second floor that we're still working out details on. Uh so we're here you know to give you our our first crack at our plan we're thinking detailed designs on architecture done. So we're looking for feedback from the board concept layout staff comments that we're still working. So it starts with the demo slides. Do you want to go through this?

So as I mentioned um it's it's an older building uh not finished on the basement. So you know there's there's water there's intrusion. So essentially what you have is a building that's decaying due to excessive functioning. As I mentioned pregnancy also go over the design. Um so we took a lot of inspiration from Google surrounding buildings kind of bringing that industrial feel. Um kind of mimicking some of those those windows at the front. So that bottom floor will be dispensary and then upstairs. [Applause] So here materials of the brick metals and stone. Um this is off to the side. So, there are a lot of beautiful murals in Albany. So, we'd like to take advantage of this wall. Um, bring in some branding moments. Um, as well as maybe work with like local artists to kind of advance of this large twotory wall. Um, and this is the other side which is adjacent to the tenant next door. So pretty close off. The two buildings are pretty close to each other, the lotion side. So that'll be

Yeah, it's it's a gated parking lot on that side. So that's why and so this goes to show some of the decay which has been building for a long time. Um when we purchased the building, we knew that the floor basically of the first the uh first floor was going to have to be completely ripped out and redone. But uh further testing um as you know we dug into it. We realized that the walls well first we realized that the roof needed extensive uh repairs. Then we're like well one more thing to test. and we tested the walls and um all of those also um you know the recommendations have been it's not worth salvaging um or not salvageable. Um so that's why uh this is for the front two3 essentially of the building. Um if if you want to go back to um yeah that back area um on the right is essentially a loading garage. Um, and it's it's a different construction than the front two/3s. Um, and the front two/3s have a basement that was built when the original building was erected. Uh, you know, when who knows what uh went for building codes. Um, and so that all of that area is is what's uh really being revamped. The back is just doesn't need as extensive work. the facelift essentially. Um,

basement photos as well. This is uh from the uh I think this is actually on the top two pictures. I I don't remember if that's the roof or the uh basement, but you can see that beams are just uh Yeah, the top two. I think it's basement. Yeah. Um but they're

they crumble to the touch. Um so uh it really need to, you know, be revamped. And we're working with, you know, Bowler and uh site engineering and the uh Department of Water um to make sure that all of that is done compliantly. Uh because this has been as a result of um there's a creek that runs about 100 yards um from the building and uh whenever it rains the underground component of that creek just runs the building. Next is more of the site plan.

Existing. I mean, it's a very tight lot. Um, if everyone's familiar with the area, so you have this building takes up almost entire lot and as J mentioned, the adjoining land owner has a parking lot that goes to their building in the back. That's the dance. And then these are the layouts. So this is a just a brief overlay of the proposed building floor plan and how it's you know taking up the same square footage location on the existing lot. some elevations to show our existing at the top and then at the bottom. And then this is just a again a schematic plan of what we're thinking about. This specifically shows the the second floor and how we have that existing dock that's off to the left and off to the right would be um more of what we'd be looking at for the second floor. So this would be more of the event space as well as some manufacturing backup house space for and then this is our first floor. So again you can see the existing loading which is that first portion off to the left. Um so we'll take that space and divide it up into our loading dock and some manufacturing rooms as well. Um some more back house and then this

middle portion here is um again back house area for manufacturing um and employee use. And then that front area is retail and entrance to that space. So I I think and I'll probably get into her comments. Um the one issue that I think will need some feedback is when it comes to parking. I think um when we the calculation comes out with parking credits balances I think come out into nine parking spaces that would be for off parking. Um, I think if you look at the site, um, if you were to try to put on the lot, a large majority of what's left is so one of the items for Well, thank you.

No written public on this one. Uh any questions from the the board? Um I think on one of the first slides um when it it referenced like the cost to I don't remember the exact language but did you actually get costs for like what it would cost to rehab versus demolish there was a an assessment on the structural integrity and I believe it went something along the lines of don't even try

because trying to save the building and deal with the existing issues. I think there was concern as to whether it was even structurally feasible to shore it up and do this significant that expensive. Is there any type of um something in writing that can be added to the record? I believe Yeah, I thought that that was included. If not, I we can uh I was going to say it's hostile. Um there should be an engine forward from September of 2023.

I think it's in the demolition review application which has not formally been submitted yet. So we we I have seen it. We do have it. I can move it over to this folder. Um

I have a question for staff. So just based on the GI like where this building's located, can you tell me is the warehouse district national in progress or I guess I'm going to guess this building would be considered a contributing resource. I know we're not the HRC, but I just ask this in the extent of like the like we've seen about elevation. So this is a contributing resource. I'm curious if that district is officially declared or not or if it's in progress. Okay. Yeah. Um and

certainly just internally of reviewing it, they have looked at it. Our preservation planners have looked at the proposed renderings.

All my questions.

Okay. Yep. Um, so the building obviously was previously occupied by a medical dispensary as was noted. Um, I believe similar previous ownership um was part of that organization. Um, we saw some of the pictures of the exterior of the building. There was also a or violation parenthesis s I can't remember if it's more than one for the plaster falling off the facade on the side street um and remaining on the sidewalk. So, it has been noted the condition of the building. Um, it's located in the formbbased district, the mixeduse um formbbased warehouse as Paige noted. Um, it is going through the process, but it's it's not currently um listed in the HRO, but it is in the flood plane overlay. Um, so as JD noted, um, the construction pretty specifically needs to adhere to really detailed requirements. um just being in the flood plane. Um I go into that a little bit more later, but obviously it's proposed to be demolished. Um which requires a demolition review and a major development plan review as it's over 10,000 square ft. Um the two uses are permitted. It's a cannabis dispensary according to our permitted use table. And then the second floor we're kind of calling a banquet facility, but that falls into the restaurant definition. So banquet facility isn't technically listed in the permitted use table, but it's included in the restaurant definition. So that's essentially what we would call the cafe or um the the space that you're proposing on top. Um as I mentioned, the the language is that the applicant has to demonstrate cumulative effect of the proposal when combined with all other existing and

anticipated development would not increase the water surface elevation of the base flood more than a foot. Um, so it is a pretty small property, but part of it is in um a zone AE. Um, so those specific requirements do need to be met. Um, there are use specific standards for both of the proposed uses. Um, they've met the initial one for providing the New York State um, Office of Cannabis Management License, um, which they do have for adult use micro business. And then we just need confirmation of the hours that it wouldn't be before 8 a.m. or after 10 p.m. The form-based standards have generally been met. Um, a lot of work was done it looks like on the elevation. Um, so cornises and jack arches are included. The shopfront requirements with transom and materials and design. Um, we just will need to go, you know, have a little more discussion on the privacy series window. Um I know that came up and we were provided the OCM requirement to not be not showing any product. Um but if maybe frosting of the mirrors could be used or clear in some spaces like the transom or the door. Um just you know kind of re um going back to that a little bit. Um if required due to the demolition or new construction the sidewalk would need to be replaced and or repaired. Um, and then as John brought up, the parking requirement in the form base does have an exception. So whereas planning board has generally reviewed waiverss, this is actually specific to formbbased where there's an exception that if the compliance of the formbbased frontage standards would make it impossible to accommodate the minimum required number of off street parking spaces, then that can be addressed um by the chief planning official. But obviously you would want the planning board to weigh in as well. There's a transit stop with a which allows for the 20% reduction as well as on street

parking credits. So, as mentioned, there would be nine spaces required. Um, just a few more revisions to the plan set. Um, like a bicycle rack or street trees if appropriate. If not, then we just need to see that as a waiver. Um, as well as the garbage storage on the floor plan and location of mechanical equipment. So presumably if it's on the roof then it would just need to be hidden from um view by the pedestrian so a parapit or otherwise um for seeker it would be considered an unlisted action and coordinator view is not required. We have not received any notification or indication in the EF that there is public funding. Um I know maybe there was a discussion possibly with capitaliz but that hasn't been listed. So to my knowledge there isn't any proposal. Um we are seeking from a couple of agencies but it hasn't been uh you know finished yet from capital we had discussion with them but they said that campus uh operations would not qualify. So

okay what if we uh national grid was the other one that we've uh looked at. Okay. Um and but we'll uh include any you know information back on future submissions. Okay. Yeah. In the past, we haven't coordinated with National Grid for I think like a specific grant or loan. Um we don't typically consider that involved agency.

Yeah, we could definitely have that conversation, but as of now, we were not recommending um seeker coordination. Um we did refer the project to the Alb County Planning Board um as required um and the recommendation was deferred to local consideration. They did have had the advisory comment regarding adequate parking for the proposed use. Um, as I mentioned, there's, you know, the demolition review has not um been submitted yet. Um, but we do have some of those documents coming in. So, we just need that formal submission to determine as complete and the DPR I think just a few more updates on the plan set. Um, and then we can circulate it for departmental review. Get your phone back. So as in now we just

deferring. Yeah. Defer table. Yeah. Yep. No action. I think defer is probably the preferable move as if you table. I believe we have to vote to bring it from the table. Seems like a bit of nuance, but I'll go I'll go with your ass. Absolutely. Is there a motion to defer the demolition review for this project? So moved second. It's been moved and seconded to defer. Uh all in favor, please say I. I. Is there a motion to defer the demolition review?

So moved. Is there a second? It's been moved and properly second to defer the demolition. Uh, let me make sure I get better. Demolition. Okay. Excuse me. All in favor of defer the demolition review, say I. I. Those opposed. Motion carry. So, we'll see you all again. Thank you. Soon. Thank you. Enjoy your agenda. Is there a motion to adjurnn? Second it. Second.

Without objection, this meeting is adjourned. 808. You have to hold on