Planning Board - Regular Meeting

at my one of my colleagues I worked with for four years like every day and I was like I can't remember name and the other day I was told to like grab a shallot and I was like look like I literally no it's Yeah. Are we ready? Yes.

All right. So thank you for attending the planning board meeting this evening. Um we have with us planning board members Rachel Grester, Paige Barnum. On line we have Shotti Kadivi and Lisa Gayard. Um so the first thing we're going to go into today is um on our agenda. Sorry. There was a weird back.

No, it's it's all good. It's all good. So we have two items on the hearing agenda. The first item is um CUP-2026-1 at 434 Elk Street. Um Dan Sanders from Sanders Architects is the representing agent. And just a reminder, you have 10 minutes for your presentation. Whenever you're ready. I don't think I'll be 10 minutes.

Thank you. I appreciate it. Good evening. Uh so the uh 434 Elk Street and Martin is with me as well. Uh building that has been sort of neglected for a while and now is getting renovated. Uh right we can go through the slides. 434. There's the front of it. And um the plan is to on the drawing on the left, first floor and the second floor are pretty much identical. Um but on the first floor, we ended up having the back section another bedroom for the existing um rear section of the building. So it's a two-bedroom. And the front of the uh both buildings, the living rooms are spacing the street. So, open kitchen and the extent is that we're looking to get two um one two apartments in that building proposed.

So, the first floor is a onebedroom and the second floor be two bedroom. Correct. The first say that again first floor two bedroom second floor onebedroom. That's the roof of the first floor in the back. The rectangle. Okay. Sorry. Is that clear? Is everyone clear on that? Okay, thank you. That's it. I don't think there's much else to say. I mean, uh, Martin, how long have you owned the building? Three years. Okay. So, it doesn't look like there's any comments due to

everything was sent out, all the envelopes. He sent me a picture of all the envelopes coming out and everything. So, I appreciate your help again getting through the process. And, uh, yes. So, no worries. Um, any comments or questions from the board? Shotty, anything from you? No, I don't have any questions. It seems pretty clearcut. I was looking at all the egress and everything. The windows look like there's appropriate windows within each room. So, from my end, it looks fine. So, what they're looking for is a conditional use permit.

Yeah. Um it would be considered type two action. So there's nothing to do under secret for that. Um it's considered a dwelling townhouse. So it's a permitted use obviously in the R2. Um as Danny just mentioned, Martin purchased the property um a couple years ago. Um we did refer it to Alb County Planning Board and they deferred to local consideration. um in the area similar uses around there's about 22 two unit 20 single unit dwellings um as well per unit and multi-unit so there is kind of a variety it wouldn't be you know the one and only um as far as the review standards um it meets all the criteria the building has the required number of stories to accommodate two units one per floor um the street parking to accommodate the potential additional vehicle and it was noted in the application that the existing refues and recycling would be used to accommodate the second unit. So not concerned about that.

Um there's no conditions for it. It's just a very straightforward recommend. Last minute last time for any questions, concerns. All right. Um, so do we have a motion to approve the conditional use permit for um, project number CUP-2026-1? So moved. Second. All right. We're probably moved and seconded. Um, all in favor, please say I. I. I. Any opposed? Okay. Thank you. You might as well stay because you're the next one.

So, the next project again is for a conditional use permit. Project number C 2026-13. The address is 39 Temper Place. Adiano Okoma is the applicant with um Daniel Sanders being the um architect on this project. So I don't know if Mr. Oka you want to or Mr. Sanders.

Well um again we go through the slides and the plans 39 Tenbrook. It's a VA there's vacancy on the on the left. the we'll call it west side um side. So there are windows on that facade on that side elevation. Um the building is in very good condition in terms of its uh structure. Um it was um through our walkthrough and everything we're maintaining the staircases staircase. We are altering the other uh stair but um in the neighborhood as you probably are aware as well there's a number of three uh unit buildings. Um this one being a two. So basically it's a uh going back to the first floor if we could the basement as well. So, the three mechan the mechanical room is a common room off the uh entryway in the basement. Um I think it works out pretty well maintaining the historic character. Front and rear uh windows will be maintained. There's only one infill uh window on the uh east side uh because of the tub and uh as well it's it's building it's in very good condition and we're lucky we're happy to have any questions. Do you have anything else to

No, it's it's it's good. It's a great building. Good bones. It's been vacant for a for a long time. As I as I the neighbors talk to me, they say that they're happy to see that there's some movement. One actually said to me that, "Are you sure you want to buy this building?" Because the the word on the street is that it's haunted. I said, "Well, we're going to we're going to renovate it and we're going to debunk that perception that it's haunted." So, I'm excited by the prospect. And also, each unit has laundry, which is nice amenities that people really like to see in the apartments now. Um, and it's I think um she's ready to go. Any questions from the board?

I I just have a quick question, Danny. Um, is there a second means of egress from the back? I was trying to look at that earlier. Yeah, the rear windows will qualify for the second egress from the bedrooms and the windows on the side as well. So from the from the from the ground floor above the at the stoop level and then the second floor is that what they use? Yes. Ground floor. The basement has the rear door front and back. Yep. Single stair.

Single stair qualifies for the egress from the other two levels. And then the second means for the egress windows from the bedrooms. Um, so is there like um it does qualify, but how do they get down once they get through the windows? Um, there's a deck. There's a Yeah, the deck isn't shown. Yeah, the deck isn't shown. Oh, the deck is not shown. Yeah, that would be helpful to see. Sure. Understood. I'm sorry. Yeah, no problem.

That would be great. Just so for clarity and also if there is a deck because it looks like right now that they would be jumping. Yeah, we got to get a bigger piece of paper obviously to fit that, but it's it's back there. And then where where is the um the like trash and recycling stored? Is it in the B on the side there? I know there's rooms on the side. Is that part of your land? There's a gate to the right of the building. Um and alongside that building, um through that gate, you can put the garbage cans. Okay,

you can see the gate on the right. The left the black gate on the right. I see it. The little guy. Okay. Okay. And will the stoop have I guess when you do the drawings and everything gets upgraded, the stoop would have proper railings and everything, right? Yeah. So we have to go um next for the certificate of appropriateness. Yeah. Got it. Full review and approval. So that's where we stand. Yes. Any other questions from the board? I have already. You have? Okay. Okay. So we have to get a copy of that.

Yeah. Okay. Good. At this moment we have a written comment. Sorry, we're reading comment from um Katherryn Costco from the Alley County Historical Association. I'm assuming that's in the file for everyone to read and we don't have any public comments at this moment. Were you raising your hand? Yeah, I guess question was already answered. Oh, it was answered. Okay. I'm curious is Well, give us a second. You got us. Okay. If you can switch and you have to give us your name and address and come on up and address the board. Thank you.

Sure. Yeah, that's great. Um, yeah, my name is Kevin Buchche. I actually live like Diana from there at 18 Timberplace. Um, I was just curious is the parcel include the the um the lawn to the left of it or is it or do you own that? I don't. Yes, I I own the locks. Okay. I just wanted to make sure it's going to be maintained. It's been a long history of it being overgrown and just so someone will move that tomorrow. It's going to be more. Okay. Yes. All right. All right. Applications here. I think they're planning to use that as parking because it does have like That's fine. Yeah. I was just curious. It was part of the Yeah. Okay. Okay. All right. Thank you.

Thank you. Uh and just as we have the aerial open right now, the written comment was just requesting for temporary mansion at the bottom of the area that their access during that's just Yeah. Okay. All right. So I'm going to hand it over to you.

So same thing. Um this is an RT R2. Um and again it's a type two action. No further action planning board under seeker. Um it's considered a growing townhouse which has um due to previous structures basically. Um the property was purchased recently and as I mentioned the same ownership owns multiple parcels in a row. Um there as Daniel mentioned earlier there are similar uses in proximity um with other three unit dwellings and many two unit dwellings as well parcels as well. Um the lot is the appropriate size exceeds the minimum lot required um and it has the required number of stories basement first and second um as we mentioned. And so there there was a certificate appropriateness that has already been issued to replace the missing handrail. So that's all said to do any further action with that that was issued. I'm sorry, March. And then I think it's just last. Oh, one more. Um, as we said, I already one for per unit. Um, and the grade for the basement level um requirements and as you mentioned, the garbage would be stored towards the side and picked up from a private home. But if it's under four units, you could also as well. Um, so we just recommend approval of the conditions. Okay.

So, can I get a motion to approve the conditional use permit for um application number CU 226-13? Final information. I'm sorry. Excuse. Can I ask a question? Final information. Sir, one second. Yeah, this a one moment. One moment. One moment. First of all, what is your name and where do you live? I am somewhere because I got a notice from here just only I a little late. So I want to know the point of information for that one. What do you mean by point of information? What is it? Uh this is a push address. Oh 3910 breakfast. Okay. Yes. 3910.

The second item on the agenda. What is your notification? That one is a 3 43. That was the first item on the agenda. or their passport area. Yeah, we've already done that already. So, they got the address for this one, the different address. It is a different address. So, I can still name. That's correct. You can stay for the remaining of the meeting, but we're not going to go back to what we've already done. Yeah. Okay. So, just only I receive. So, I came here. No problem.

Yeah. So normally I think you know one day I had I receive this one better because I gave a job just only I call that one I drive in and wait for you know now I for no problem sir but I think that's a conversation we should have after the meeting because we got to continue with what we're currently doing. I'll be sorry about give you information if you have questions I just pop up. All right thank you. So, um, for project number CUP 2026-13, um, there's, um, we're looking for a motion to approve the conditional use permit. So, move. Seconded. All right. It's been properly moved and seconded. All in favor, please say I.

I. I. Yeah. It's been um unanimous, so this is passed. Thank you. Thank you. All right. So, we're going to go to our meeting. Thank you very much.

No, you're very welcome. I have two items on our meeting agenda. The first one is DPR-2025-28. This is for 315 Northern Boulevard. The applicant is LV Apartments Limited Care of Good Companies and Daniel Hersburg of Hersburg and Hersburg is the representative for this um project for this evening. All right. Mad chairman you you've seen this project a while ago but back and uh the basic site still stays the same uh the existing 103 units in the existing former Livingston school and we're adding 97 units by extending that's the existing conditions as you see the the the vacant area to the northeast is going to be filled with a building uh and it'll match the architecture of um the Philips Livingston High School. Um the uh utilities are all brought in uh through the other building or directly from Manning Boulevard. Uh this is the water plan because we're we're tapping into a water man on Manning Boulevard and we're running it around the back of the building. Uh so and that'll be a private lateral to the owner and maintained by the owner. Um the uh sanitary sewer is the same sort of situation. We got a small uh addition to do on there to tie it into the existing sewer which runs out sort of the back of the building uh and goes through a pump station in Tilly Park and the storm water is handled that quite large pipe gallery at the rear uh so that the same amount of water discharges from the site as comes down. Right now it's uh it's in a large grass

area. Unfortunately, the the ground is not very uh porous. It's not sandy. It's capable of clay soil. We have an awful lot in Albany. So, it runs off and goes back to our sibly part. So, we um we are decaying the storm water. So, the same amount goes out that comes in. And that pipe gallery on the right is all large diameter pipes. Okay. And the next one's a landscape plan. There's an historic tree that we're saving. Uh we have a detail there for tell people how to save it. Um double layer of fence around it and it's got to be clear of the uh the existing foliage. Um and that tree will be uh saved during the entire work and be maintained as part of the landscaping after it's completed. We're adding some street trees along the private roadway that runs in front of Livingston and goes out towards Manny Boulevard. Um, we had we had some smaller landscaping items around the building, including some nice perennials and and a couple of strokes. They u this is the front elevation. You see the building matches pretty much uh the architecture of the other building. Um the uh the basement and ground floor plans are consistent. Uh we have the garage part of the basement is a garage and the rest is some common areas. Um

so you're adding additional parking. Okay.

Yeah, we have we have surface parking and garage parking. We're getting a total of 43 parking spots. Um, and the plans look the same because they are pretty much the same. First and second floor are fairly identical. And this is a level three plan is the upper floor plan, which again is is very much the same as one and two. And this is an elevation from Manning Boulevard. Manning Boulevard is a little road to run back towards the park at the rear. You can see how it matches in the um it it's a more modern look than the original one, but but the materials are matching the existing materials, the Livingston school. So, I think it looks very nice in there. Um that's a view from if you're on Northern Boulevard, you're looking back. I think you'd see that it matches in with the existing Livingston school quite well. Livingston Apartments it's called now and uh we think it makes a nice view. And if you're in front of the old Livingston Apartments, this is view down the building down the private roadway. We think it's a a nice building. This is an aerial of the completed plan. Um, and we think it fits well on a site and it provides some needed housing.

So I So I guess Oh, sorry. Any questions for I have a question, but any other questions from the board? So I guess part of the question is that came up when the other residents came through that first time is the flow of traffic from the school. um you're adding additional apartments. Um you know, people are It looks like the only way for ingress into that I'm going to call it a complex for lack of a better term, whether it be the school or the apartments, is through that one room.

And so what so the the issue is during pickup and drop off time, it gets a little hairy. And the residents had issue with people cutting through. Yeah. To get out. So, have you guys worked on that that issue? It's it's very difficult other than closing and engaging in someone to stop other people from coming through there. And again, that would be a a big push to have everybody have a fob to go through there that lives there. The residents come off from across an avenue in the back. The parking the main parking is at the back of the building,

right? And um so they use it for pickup and drop off also at the main entrance. Um I don't know whether or not we could sign it uh to tell them no no through traffic or something like that. We tried that and the trouble was enforcing it because the issue

you can't can't have the police really enforce it. They don't have adequate people to go out there and enforce it. Although my guess is if we had constant people going through there, we could file a complaint, get a license plate number, file a complaint. But uh the you know the problem is that it's it's a normal situation and short of doing some sort of ingress ingress or regress control on that road where they have no way of stopping it. Well, my guess is we could we could make up a sign, a couple signs along there, uh, private roadway, um, no through traffic. We put that down by Nor by Northern Boulevard at the at the entrance and see whether or not we can control it that way. And I guess my other question is, and I think we talked about it briefly, but remind me all the other issues that they were discussing, where you where's the um your client at with with that?

Yeah, they uh they had uh multiple meetings with the with the existing tenants. Uh they set up a regular meeting schedule with them. Uh they took care of the the issues that the physical issues that they raised with the building. They take take care of those and I think basically the tenants are happy. Those are my questions. I don't know if anybody had any other. Yeah. Your second question was my question. Shotty, what about you? Do you have any questions?

I mean, I wanted to echo some of the concerns you had about parking. I mean, not parking, just the congestion of traffic. Um, but it sounds like unless if there's a sort of a secondary means of a person helping with that regulation, I wonder, you know, does the client have the ability to dedicate um sort of eyes on that in terms of regulating traffic at least on um you know like the start of school or see how it goes. We don't connect. We We have parking behind a building that does not connect on the left hand side. Yes,

we have parking on on the left hand side while I'm crossing a but also behind the building behind a new building parking there, but that does not have access out to Manning Boulevard because that's that's a park area. Right. So,

right, we think that it provides adequate parking. The question before was an adequate number of parking was just the convenience of it because you know people that were living down quite a ways down the building to the to the northeast had a long walk to go. But we really can't do much about that. We don't want to turn the back area where we have them. We have the we have the green area back there. We don't turn into more parking. Yeah. Right. Have enough parking space. The problem is convenience for the people. I think understand

that that was sort of my question is just uh related to Lenissa's question from the beginning. Were you asking something along the lines of like a temporary almost traffic control from when Yeah. and talk and talking to this the the the school about educating the parents about that area. Yeah. It's such a hard thing, right? Everybody trying to get in on time

and the the city of Albony owns that area, the brown area at the bottom is owned by the city of Albany. that actually can be a play field for people using it on behalf of the city of Alman either from one of the schools or for the public. I assume we don't really have control over that but meanwhile the the access driveway in front we can put we can sign it but my guess is it's it's tough to enforce again if people are habit habit of doing things and it's convenient for them we can do our best. We we'll agree to sign it and check with Harmony Police Department the best way to sign it. Find out whether or not it's enforceable where if we find people doing it a number of times, we can uh we can take license plates and report them.

But there's no temporary like enforcement that could be on the site, right? Like that could help with some of these traffic mitigations during those busy hours. I didn't get the question. She was asking if anybody during Well, again, there there there's one person at the site for uh by the the owner has a representative on the site.

Whether or not they I guess is they to be the logical person to to try to enforce that. But again, uh like we say, we don't want somebody to have um conflicts with someone. My guess is as easy way to find it, if he finds he ought to mention to someone and if they don't stop doing it, just report them to the police because that is a private driveway. And do you have cameras up in that area to monitor like who comes in and out? because how else capture the license plate if that's the if if

no I think it's someone that you know my guess is the easiest way to determine it would be for when schools are in session for someone to go there and see who violates and goes through there make a list one day and then come out another day and see if they do it a couple times and then the easiest way is to report it to the police because they they don't have a we can't have anybody get into conflict with us

no we're not saying that So the best the best way they can do is is try to do it and quite honestly we can ask the the owner designate their uh the one person there to be out there to monitor the traffic during school arrival or school leaving and find out number one how many people are going that way and number one could we take your license plates. You know, again, if we sign it, it's it's a private driveway, do not, you know, not for food traffic or something like that, right?

That's probably the best we can do. You know, it's always a problem when people get habit doing something for the convenience to get them not to do it anymore. But we, you know, we'll do our best. We obviously don't want people cutting through there cuz you know we have our tenants going getting out and getting into their own cars or that sort of thing. We don't want people and it's a safe issue because I I see people speed through there. It's not like they're just driving casually because it's backed up. They're they're they're going they're gunning it. So

I think making that request and seeing if it would be possible to install cameras so that if the person is not available to be sitting and monitoring there's some footage and I think that might also be certainly talk to the applicant and find out whether or not a a camera there certainly a camera running you know it should be safety for the for the residents too. Yeah for days it'll also also be a safety thing for the residents. Yeah. Yeah. I can certainly talk to you. Apple probably want to do that. And to keep the speeding down, maybe some speed bumps. Yeah. You know, I've seen some makeshift ones. The city has a lot of speed humps now, which are right

which are a little more casual and they're they're marked for 20 miles per hour. You know, much faster than that. They do they do give you a quite a bump. Yeah. So just just some ideas on making that okay safer for the residents. Okay. Um any other question? Especially since there I mean I think that's a great point, Glennessa. Especially there's multi-generational people there. There's older seniors living or you're not quite super elder because they're just above 55, I guess. But um but the younger kids too, all those um trafficcoming um events could really help the traffic from somebody getting injured, right?

Well, we think the mixture of age and people is good and number one that uh I think they've been fully leased up so it's it's set level of satisfaction with the existing uh building. So I uh well it's one of the very few decent rent control buildings in the city. Yeah. So you know I think the rent control piece is what is keeping it full but that doesn't negate the other issues that we're we're identifying. Yeah. um today. But yeah, if we if if there's a way, you know, and I I don't think that doing those things would be hugely expensive.

No. To to do and it might be worthwhile for their own satisfaction to have have at least a camera out front by the front entrance that'll also be able to monitor the traffic in the driveway, right? And certainly a sign would not be a big deal. We could sign that. We can check with the police department how they like to sign red so it's most enforcable. Right. No fair. Okay. Any other questions? All right. Nobody.

We didn't get any new written or public comment. Um we haven't heard anything additional but um I do mention just in the bottom obviously this is the second planning board meeting and we did of course receive quite a bit of written and inerson public comment um at their October meeting. All of that is on the record. Um it's all available. Um and we received a written response email from the applicant um saying that the laundry parking um address signage like just saying the address out on the front um and minor issues with elevator buttons in the front door have been addressed. Um and they had a meeting in early March it looks like. Um so that's their written response to the comments. um they think would have been addressed and as you mentioned there a lot of them were to deal with the existing conditions of the existing building um not necessarily the scope of the proposed new construction. Um so as we've discussed the access driveway to the proposed parking would be to the rear of the building. Um so an access would be required um if those parcels were to be split just because it access in perpetuity no matter who owns the building. Um and likewise for the usage of the portion of the rightway um that would either an agreement or purchase. I think maybe you were talking about not purchase the new agreement instead by city. Um and then that would be consolidated or not depending on if it was agreement or purchase. Um it was classified as a type one and um the board initiated secretly agency coordinated review in October. Um we sent coordination to HCR due to the public funding as well as to BC. um they both consented to the planning board to act as lead agencies. So that means we

can proceed the determination. Um we provided the part two and three of the full AF for their recommended adoption and review along with the negative declaration. Um the project had also been referred to county planning board in September. They sent back the modified local approval to include review by shipo for potential effects on archaeological and historic resources. Um and that the adequate parking proposed use to avoid traffic congestion. Um obviously the parking does meet our requirements um and there is adequate both covered and on street um for the rear and the front. Um if we go to the next slide um we did get a letter for the applicant. They've done outside coordination um prior to coming to the planning board and Shipo had stated that the project um will have no adverse effect to historic resources. So no further coordination is required there. Um you know they just reiterated there could have been some back and forth. They had updated design plans to more appropriately fit um because the school itself is listed on the state and national register of historic places but it's not in our city's historic resource overlay. So that's why they would not be going to the historic resource commission. Um they're not required to get a certificate of appropriateness from our city. Um as the recommendation has been fulfilled and it's part of the original process. Um we would just have you overrule the recommendation because it can't it shouldn't really be referred back out. They've reviewed it about a year ago already. The next slide. Um as far as the actual context of the building, it meets all the setback requirements. Um and they have the additional story allowed for the affordable housing incentives. They meet the use specific standards with the indoor outdoor park or passive and active recreation as well as the laundry

show and the floor plan. There was a few kind of minor site plan revisions to better connect the sidewalks um and pedestrian pathways for internal circulation. So in front of the building um both the new and existing to better connect those as well as additional bike racks. Um and the site plan no longer shows the Manning Boulevard connection because that will be removed as part of the park enhancements. Um there was a misunderstanding. There is still a connector hallway but just on the upper floors. Um, so as far as how that interacts with subdivision, I think we've edited the conditions. So if the applicant chooses to proceed, um, then we can discuss that. I assume the subdivision is required for financing.

Yep.

Um, so that that should be fine. Um, as I mentioned, um, after the parking credits, the they do meet the required number of off street parking spaces and they include the ADA as well. the landscape was revised. So that now includes um what's shown in the elevations and as Sam mentioned the additional protection for the brother memorial tree. Um and there's also a lighting plan to show the existing and proposed um and any protection of the existing lighting that's needed on park road. As far as departmental review um it got sign off from engineering um in February and DGS reviewed um for forestry. So that that was the additional consideration for the broad use of an oil tree. Um water most recently reviewed midappril and then dam we submitted about a week later. So that's back in water's hands and it should be wrapping up pretty easily. There's not too too much kind of outstanding comments. Um there's some CCTV that the applicant agreed to for sewer line. Um

so it it should be pretty straightforward. Just recommend that as a condition of approval. And next slide. So there are I think two or three slides. I think two slides of recommended action. First I did minimize some of them but the first one is um just to overrule that opening county planning board recommendation because the ship referral has been met. Um and then because it was type one you just need to formally issue the negative declaration. And then the second slide for you um we do have the recommended conditions. So for the final um water department approval um referring to the subdivision of the new lot should the applicant decide to proceed then that be required to be done prior to the co and same for the consolidation of the new lot with the rightway if they do purchase it. Um and then just the access agreement to the rear for those. So everything we've discussed previously questions on it.

Any further questions from the board? All right. So we'll take these one at a time. So the first um we need a motion to um where is it? Um are we doing the first bullet? Okay. So the fir do we need a motion to overrule the Alb County planning board recommendation made on September 18, 2025 to modify local approval to include review by the New York State Office of Parks and Recreation and historic preservation that this has already been done. This has been completed. Um do I have a motion to um overrule the Albany County Planning Board recommendation?

So moved. Second. All right. All right, it's been properly moved and seconded. All in favor, please say I. I. So, it passed. Second motion is um to follow the recommendation of the chief planning official to declare a negative declaration under seeker for um this project DPR 2025-28. Do I have a motion? Second. All right. All in favor, please say I. I I that passes.

All right. And then um the last motion is uh conditional approval of the department of the de development plan review. Um the conditions are as follows. Um prior to the issuance of the building permit permit, final approval should be obtained from the department of water and water supply. Um, should the applicant decide to proceed with subdivision to to create a new lot shown as 315A North Northern Boulevard from the existing tax lot 76.27-18.1 estimated to be um plus or minus 69,665 ft. The lot modification will be required prior to the issuance of the certificate of occupancy. Prior to the issuance of the certificate Occupancy lot modification for consolidation is required with the new section of tax lot 76.27-1-18.1 27-1-18.1 also known as 315A Northern Boulevard in a portion of the city right of way which is about 8,256 square feet or.19 acres following agreement for use of said portion of right of way and prior to the issuance of the certificate of occupancy an access agreement must be finalized between the existing the existing lot and the new proposed lot to maintain access via existing parking lot to new parking garage in perpetu So, with all of those conditions, do we have someone to um bring forth the motion for conditional approval?

Second. No, I can't either of those things. Okay. Um, all in favor? I I So, it it it it passes. All right. You're all set. Thank you very much. You're welcome. All right. So, the last one on this is um project number DPR-20226-5. The address is 52 State Street. Brian Jan Carow of Jan Carol Companies is the applicant and Daniel Hersburg of Hsburg and Hsburg is the um is the representing agent. So, back to you, Mr. Hburg.

Thank you. Uh this is a significant office building in downtown Albany. Uh it's it's on the corner of Green Street and State Street and goes back uh two blocks actually. It goes over Norton Street on the way that back and that uh that building is is office building and first of all and the first floor it has a bank and um a restaurant and and another commercial space u which are going to be maintained. The second floor will be um for amenities, some other uses. And the third through the 10th floor will have uh the the proposed site plan just shows that we do maintain some landscaping on uh that site plan. There's some existing landscaping down there. We're going to review it and beef it up where we have to. This the upper floors. Quite honestly, I tried to get down there and take pictures of the site and I couldn't get back far enough to get the building because the Green Street's so narrow and North Shield so narrow. So, I took what I could with pictures, but I think you know the building and this is the first floor plan and uh that does have some parking and loading area on it. Um, and it does have commercial space on it. And the the second floor plan mainly has amenities. Um and um and one of you know some of them will be commercial but most of them are amenities for the use of the applicants and office space for the for the owner of the building. Third floor plan is like this. And then if you take a look

at the next fourth through 10 plans, which I think is the next slide. Oh, I said, okay, the fourth through 10th plans are similar. There's a slight change. We do the third and fourth plan, but the fourth through the 10th are identical. Um, and we end up with 120 units. Uh it's a substantial residential building in downtown Albany and it's going the way that a lot of cities are trying to get it to get the um office space to be converted to residential use because other than that you're going to have a whole bunch of vacant office space. Some of the office users here are going to be relocated to a building on South P which uh Jeno companies or has recently acquired. Uh there's there's vacant office space at that that anybody that wants to relocate to can can find adequate space. We think it's a good plan. It uh makes good use of a building. And that building quite honestly is in pretty good shape and it was built in uh I think 1984. So it's almost it's 40 42 years old, but it looks looks outside from the goodness and wellmaintained inside. So it's it's a a good drawing to work with.

All right, looks like there's no comments um written or public. So any questions from the board? Shotty, do you have any questions?

No, not at the moment. Give me a second. One question. I feel like at the last meeting there was a discussion of where the trash would be stored and whether there would be trash shoots or a trash room. What be stored? Trash.

Yeah, it's internal of the building. It'll be internal of the building and taken out at that loading dock area on the first floor. On a first floor plan, there's some space back there where the loading dock is, which I think you might have labeled it trash or storage. I think it's storage space there where it would be stored and it would be taken out by a by a truck coming into that area. And so for each floor of the building would would would have they would uh be transported carried down through the elevator by staff to the first floor. We don't we don't not have a shoot arrangement between the floors.

Okay. So there'll be like a trash room on each floor. Yeah. Yeah. Okay. Yeah. Do you know if I think what we have Oh, sorry. Do you know if the residents will have access to the parking garage behind the building? There'll be permits for people have access to it. Okay. Shotty, I'm done. Sorry about that. I think the qu the one question I think we talked about last time was related um to the trash question. The question was will there be shoots or will it be a separate I think you said it'd be separate trash bins on each floor. Right.

Be a trash room on each floor. Yes, there is a trash on each.

Yes. But there people they're not interconnected with the shootute at all. The trash room will accumulate trash taken down periodically as required whatever maybe every two or three days taken downstairs accumulated till the pickup takes place and it'll take place on on the first floor where the loading dock is. Any other questions? All right, being that there's no questions, we're going to hand it over to our planning staff. Um, so obviously this building there's not much site plan um as far as our review. Um, we would recommend, I know it was mentioned previously that the lots were consolidated. We didn't have a record of that, but again, if you do have one, um, you can just share it with us. But so far we're just recommending um that the lots be consolidated and the condition of the approval. Um it is in the HRO in the ARRO um in downtown but there's no exterior work proposed. Um so certificate of appropriateness isn't required at this time. If that were to change anytime in the future obviously it would be needed. Um as Dan mentioned it does have frontage both on State and Green and it spans over Norton um and has access to the rear as well on Wever Street. Um this is their second appearance. They're previously here for a concept review in March. Uh and go to the next slide. Um they also had some recommendations from Alb County Planning Board um that weren't quite appropriate with the scope of work um including their review by uh Shipo for potential impacts on archaeological and historic resources. Um there is no work to the exterior um and no ground disturbance at this time. if any would be within the rightway to address utility um review by Al County

Department of Health for water supply waste water discharge and other required permits that's included in the standard department of water review if anything is required from outside agencies they always refer it to the Albby County Department of Health or for instance um New York State and likewise the local fire department should be notified to evaluate public safety emergency services access water availability and sprinkler That's both included in the standard ALB water department review as well as following approval by the building department. They review for code applicability with sprinklers. Um that's not usually the level of detail we get into. They just confirm the flow availability from the water department. So those two recommendations are basically baked into our existing process with the first one from CHIPO um not being there is no ground. Um and then the advisory comment um they mentioned that there could be per falcon Atlantic sturgeon and shortcut sturgeon on the site. Those are just flagged from the radius of the site. Um obviously there's no water on the site and there sturgeon

some very dry sturgeons. Yeah. that's come up in another one downtown. It's just must be proximity to the river. Um

the parag wasn't something specific to the site. I did wonder like you know um I guess I said all that in the beginning. So obviously scope of work we didn't believe warrant to the review by shipo as I mentioned new referral to county doc is included in the normal working procedures um the scope doesn't include any new construction just conversion but um obviously there might be changes sprinkler system from commercial residential so that would be included in the building code review um as I mentioned the short buffer area so that's how picked up from sturgeon Um and if the recommendations don't match the scope of work or have already been incorporated um we would recommend that they overrule the recommendation. Next slide. Um it's just type two under seekers. So no additional action needed by the board and converge on the existing building. Um the uses both existing and proposed are permitted. So the bank existing bank cover stay or other office general use this as well as a restaurant and an office multi-unit. The use specific standards have been met. There's laundry and the whole second floor basically is w space. Um we did receive a complete survey. So that's all set. Um a site center plan set will probably need to be provided. Um, I'm thinking specifically, Dan, of the an MPT to show construction um, accessing vehicles. So, I imagine um, traffic engineering might have a couple of specific comments. So, we can follow up with that prior to the full building permit. The affordable housing compliance plan, those regulations just changed obviously

within the last few weeks. Um, so that changed throughout the review process. We've included a kind of generic condition of approval that that implemented in accordance with the prevailing section of code. We did receive a completed um form back from Jen. So it it reads that um and then if anything were to change here, you know, if you decided to instead of providing the units um do the alternate payment plan, you do that as a condition. Um and then as I mentioned recommend the two lots are consolidated review. Um so just the recommended action would be again to overrule the Albby County planning board recommendation and then the next slide the conditions um would be prior to issues the building permit to have that site plan um stand by license engineer the final water department approval the lot mod prior to CO and again for the CO just the execution of the affordable housing compliance plan or alternative compliance mechanisms for payment. action.

I I just have a a question. Um and this might be outside of our scopes and but um as a as an avid burer and a big lover of paragan falcons, if they were to be found like nesting in the building like on the along the building when renovations are being done, is there any protection? Is there anything that takes place uh to ensure they are threatened or maybe endangered? Yeah. If we identify falls outside be on the applicants requirement to do what New York State DEC says. Okay. I figured that was probably Yeah. They're really important. Yeah.

Okay. I don't know if on the flip side like if it was suspected like if they would go to kind check. I don't know how that would go. I haven't really Okay. You know typically on like cliff sides but in urban areas they do sometimes nest and this is their their nesting season. Um so like in the sha bunks right now there's a huge stretch of the cliffs that are closed to protect the falcons that are are nesting. Starting construction in the next month. Um, they're the outstanding conditions for water. But that's true. Okay. Dear future, definitely boy, do I have a red tail nest to tell you about. Oh, boy.

All right. So, another long list of things we have to go through. So, we'll just take it one by one. So, um I need a motion to um follow the recommendation of the chief planning official to overrule the Albony County Planning Board U recommendations March 2026. Um there um are we asking to modify here? That was the recommendation and so the overruling is to not include those conditions.

Okay. So, the the Albony County Planning Board is asking us to have a review done by the off New York State Office of Parks and Recreation and Historic Preservation for potential impacts on archaeological and historic resources um prior to final approval. Um a review by the Albony County Department of Health for water supply, waste, water discharge, and other required permits. um and the local fire department um be notified to evaluate for public safety, emergency services access, water availability, and any spiritual system that may be required by code. So, we're moving to not move forward to overrule these recommendations.

So, I need a motion. So move. Any second? Second. It's been properly moved and seconded. All in favor, please say I. I. I.

All right. Next page, please. All right. So, the second one is um we um putting a motion on the floor um recommending um following the chief planning officials recommendation for conditional approval of the um development plan review of um application DPR 2026-5 with the following conditions. Prior to the issuance of the building permit, a site plan or um plan set must be provided provided by a New York State licensed engineer. Prior to the issuance of a building permit, final approval shall be obtained from the department. Prior to the issu issuance of the certificate of occupancy, lot modification for consolidation of the lots at 52 State Street and Green and Green Street are required. Prior to the issuance of a certificate of occupancy, the applicant shall submit and obtain approval of an affordable housing compliance plan or elect an alternative compliance mechanism in accordance to USDO section 375-41 um 5C where the alternative compliance mechanism involves a payment. Such payment shall be made within 90 days following the issuance of the certificate of occupancy. So, uh, do I have anybody to make a motion?

So, move. Second. Second. All right. It's been properly moved and seconded. All in favor? I It's been moved. Anything else? All right. Motion to adjurnn. We'll take it. All right. We are adjourned at 7 o'clock p.m. Thank you. I didn't miss much of the Mets game. There you go. Exactly. Of course you can. Hi Baddy last week and we have a red tail hawk that nests in the backyard and I heard