Zoning Board of Appeals - Regular Meeting

Okay, good. We're gonna go. Let's start. Okay. Let's call the meeting to order uh for Wednesday, February 4th for the meeting of the ZBA. So, would you please rise and stand the pledge of allegiance? I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. Would you please do a roll call for members present? Present here. Steve Miner present.

Right. Present. I'm already here. We have two orders of business. First, you have to minutes. Motion to approve the minutes. Second. I vote to approve. Approve. Vote to approve the minutes of the previous meeting. Approve.

Approve. Okay, we have two orders of business tonight. Our first order is the PLZBA 2026 00003 1525th for street podium. State your name and

Good evening. I am Joe Dal with the environmental science partnership here on behalf of RJ Valente Companies and their application not on turn it on on top of No [laughter] better. [clears throat] It's not turned on, sir. There's a button. How about that? No.

No. There we go. Hello. Okay, there you go. There we go. Okay, I'll I'll start it over for the record.

Thank you. Uh Joe Dannibal from Environmental Design Partnership here on behalf of RJ Valente Companies and their application for the Bellvita uh apartment community to be located um [clears throat] at 15 through 25 street fourth street. Remember there's a lot of streets it's surrounded by. [clears throat] Um we're here tonight looking at a front side variance issue. Uh what we are proposing to do, we have frontage on Third Street, Fulton Street, uh and Fourth Street, easier to point it out up here. Um Fourth Street, Fulton Street, and Front Street. In between us and the hotel, there is an existing alley uh that is privately owned and has been identified as Museum Place. Uh that is been in use uh for some time. The hotel uses it uh for some parking areas and it was also some uh parking and access associated with the Uncle Sam's parking garage before it was torn down. Uh at the initial concept for our project, uh we acquired the land. We did have a building pushed over further uh into this location that didn't require variances. uh through the planning process and working with the city and the hotel owners, we were asked to uh work with the hotel owners and emergency services to figure out how to maintain uh access through there. And then it really became the uh uh primary issue that emergency access vehicles wanted to get between the existing hotel and our proposed six-story building for fire safety uh and emergency access. So we maintained mu museum place rec proposing to reconstruct it have parallel parking on that road to help accommodate the motel a hotel uh and we did this all

again at the request of the city. However that results in the need for two variances. Uh it's been identified as a front sideyard in which we the building should be zero to 10 feet away from the property line. Uh, our building as proposed is um 29.1 to 36.1 feet away from that property line requiring a 19.1 or 26.1 uh linear foot area variance for the building setback. Uh we also need a a parking setback which is supposed to be a 0 to 10. We're at 17.3. So, we're looking for a 7.3 foot area variance uh for the parking. Essentially, this is all again all being done to accommodate the needs of emergency services uh and at the request of the city to maintain flow and access and parking around the hotel property. Thank you.

Can I chair? Can I just ask a quick question? Um

I think it sounds on. Okay. Um, no, it's not on. No, it's Yeah. In your presentation, you mentioned a sixf flooror building. Did you mean I either you misspoke or I misheard, but I thought it was a fivef flooror building. If I'm wrong, it's five on top of the podium, which I guess is I'm calling six, but maybe I'm I'm wrong in that. I don't have that detail in front of me. Let me see here. Um, fivetory building is what is it? Fivetory building. Okay. I just want clear. Thank you.

Where's where's the parking going to be at? Is it underneath the building? I mean, yes, the parking for the project is underneath the building. And what we've been able to do is provide uh one parking space for every bedroom within the building. One parking space. Couple of quick questions if I may. Can we go back to the parking please? Sure. You said one parking place per bedroom. Yes.

Okay. So, in a what would that equate to total? Approximately what? There are 236 parking spaces and that's all on ground level. Correct. Underneath the building, but ground level, not below ground. Correct. At ground level is the parking. Correct. So, how many stories above the parking would your building actually go to? I believe that is five stories. Five above or five total? Uh, ground floor count says first floor. Yeah, parking garages.

I got to look up that detail. I I I can look up that detail and give you an answer. However, that has nothing to do with the variances we're here tonight asking for. This is that is all being addressed by the planning board and the historic review commission. We're here tonight looking at the two variances related to the side building parking setback and the side building or front side yard building setback. So requesting this variance really is all about the alley access between the building and the hotel.

Correct. And by getting the variances, you've got emergency service ability to get in and out. Uh correct. It'll provide emergency services uh access in between the buildings which they requested and wanted primarily for the hotel because it's a different construction, older construction. Is that a pass through that connects forth and river? Yes, it's a one-way access coming from fourth to third. Is it blocked now? No, right now you can get through there.

Okay. But you said you had a building there or we were we were proposing a building over museum museum place. When we were requested to provide the alley or keep the alley in place, we moved the building over a little bit or shrink the building. If you closed that alleyway off, then you would if you did it the way to take the alleyway away, you wouldn't have needed a variance. Is that true? Correct. Okay. Sorry. I have no other questions.

Well, I have a a very basic one. Um you said one room, one uh parking space. Um in your uh complete streets form uh you indicate um the building will house 193 units with a 236 garage parking spaces. So is it like several rooms to a unit? Is that how it's Yeah, there there many of them are one-bedroom, one-bedroom dens, but there are some two-bedroom units, and that's how we get up to that 236 number. Okay, thank you.

How would you describe the apartments if I could ask? Are they low-end, mixed, high-end income? What are you putting in there? I would The only answer I can give is their market rate. They're not lowincome housing. They're market rate, whatever the market will allow and demands in this area. Okay.

But you're going to go back to planning to dot the eyes and cross the tees.

Yes. We actually had a meeting last night with the uh HRC uh very extensive two-hour meetings looking at the architecture. We've had five or six meetings with the planning board um since we've been working on this for I don't know I think we started earlier in 2025 uh with concept plans. So we are hoping to go back to the planning board with the this variant secured. Uh we have a public hearing uh later this month on the application. potentially we can get approval that night as long as everything's dotted and ready to go. Okay, we ready to

question motion. If you [clears throat] have no more questions, I don't have it. Anybody out there? Anybody online? No. No. Does anyone here want to speak? Anybody in the audience wants to speak on this or All right. I I I can make the motion. I have to make two motions. No, we have to do seeker. Before you do, I I want to ask Richard uh even though uh uh the planning board had issued negative declaration, uh shall I make a motion with regards to just uh confirming that on the record. If you just type one type one

for the type one, correct? So type one has to be a big agency. No proposal. Yeah. Coordinated review, right? It has to be a coordinated review and already have declared it back. So So okay. So So you don't have to do a seeker? No. So I don't even have to make a statement on the record. No. This is a this has already been deemed a type one and the planning board has already declared itself lead agency. Right. And I think they've already issued a NAD that correct? So, so we don't even need a confirmation statement here. We don't have to do our own. All right.

All right. I make a motion to approve PLBA 20260003 in regards to a relief of 26 feet 1 in that is requested for their front setback. And I move that the board approve this. I believe that it will not create an undesirable change in the character of the neighborhood or be a detriment to nearby properties if this is granted. A second. I would second that motion. Vote to approve. Approve. Approve. Approve. Approve. Thank you.

Well, wait a minute. I got to make a motion for the other. Oh, that was just one of them. Yeah. Sorry. And then I make a motion for PLCBA 202600003 to approve the relief of 12 feet 9 in to maintain I don't even know uh around the parking areas where a 30-foot setback [snorts] see it's 30 foot within the front side set back so it's front side relief front front side relief. So I make a motion to approve that this variance will not create an undesirable change in the character the neighborhood or detriment to nearby properties. I

I second. Move to approve. Approve. Yes. Approve. Approve. Now you're done. Now I'm done. Thank you. Have a great night. Have a great night. Okay, we're going to go with the next uh applicant. PLCVA 2026 004 1016 Madison Avenue.

Mr. Chairman and members of the board, my name is Daniel Hzburg. I'm a civil engineer from Auburn, New York. I'm here today representing Floyd Blake, who's with me alongside me. Um, we're asking for a variance uh to permit uh two duplex buildings on the lot. In order to do that, we require three variances. Um the minimum uh required lot size a lot width is 50 ft and uh the lot width minimum lot width will be 35 ft requires a 15t variance. uh the memory required side setback is 10 ft. Because we have common wall the setback will be zero and uh the minimum ground floor area is 720 ft. Uh is required 720 ft and we have 657 in each unit. A little deceiving because each first floor also has a garage on it. So it's actually much bigger than the 720 ft. the garage can't count in that building footprint. Uh the uh I don't know whether up the we do have a rendering of the final buildings. This is the site plan and there and there's the plans. And I think the thing that shows it the best is that plan right there. visual shows you the two duplexes um and her attractive buildings. Uh and we think they'll be a good addition regarding the conditions of approval. Um we we went through the language that we

provided in the application. Uh and this was definitely not created by the applicant. um they had a letter from the city before it reszoned in in 2023 that the permit the use would been permitted and then when the zoning got changed it was no longer permitted. So we believe that issue is uh addressed by that fact. Uh I'm prepared to answer any questions which the board may have. I have I have one question just curiosity. Are these going to be rental units or are they going to be like town houses that I own one side and you own the other? They're going for sale.

They're they're going to be for sale. Okay. Yeah. Town So they're town houses. Yeah. Are you talking about selling two separate buildings or are you talking about selling four separate town houses? So you're not going to own them and rent them. You're gonna sell? Yes. The four four different families. Yep. Was talking with Mike. And how is that currently zoned? Can you can you speak on the mic? It's on the application.

Single. It went from uh three family to single family, which is currently zoned single family, which is what But the town houses would be sold as single family units. Yes. Everything. All the utilities are all separate and divided by a separate firewall and then uh okay you know the crown's all separate just the minimum lot size [clears throat] right is what you're entertaining I drove by I looked at it seems you've got a good chunk of real estate to do what you want to do

yes the uh the 720 that they require I got 657 but the the overall is 1550600 square foot plus 260 for their garage. That's 260 per garage, but overall is for the living space is 1,550 to,600 square foot. It's just a smaller footprint with the uh townhouse design. Okay. Any other questions? I would just like to say they look lovely. They do. Thank you. whoever designed them for you.

Uh they're they're actually it they're right there in the neighborhood right behind them. Pretty much the same thing. There's the designer right there. [laughter] Well, they look great. Take it. Yeah. On every man there's a good woman who designs that building. Is there any questions out in the audience at all or anybody online? No, this the one online. You ready for a motion? We have to do a speaker, right? You do have to see. Yeah.

You want me to do the uh environmental motion? Okay. Uh Mr. Chairperson, in regards to PLCBA 2026-00004 as supported by the staff reports, I ask that the board find this proposal to be an unlisted seeker action with sufficient information available for a negative declaration. I'll second that. Vote to approve. Approve. Approve. Approve. Approve. Thank you. Now you see

I move that the board approve the variance for PL B uh PLZBA 20260004 for 1016 Madison Avenue. Um, the variance will not create an undesirable change in the character of the neighborhood or be a deterrent in the nearby properties if this is granted. To to be clear, are you referring to the first variance? It's being requested the 50 foot to There's only one, right? There's three. Okay. So, they need a release of 15 ft. Okay. Required minimum lot width to be clear. Yes. The first one. We have first one first. Yes. One at a time.

I'll second that. Okay. Vote to approve. Approve. Yes. Approve. Approve. So, where's the second one? Here. Right here. So, the second one is the proposed setback side setback. Here, I got it. I'll make a motion. I make a motion in regards to PLZBA 2026004 to approve the proposed setback between the duplexes. Um, a relief of 10 ft is requested. So, a variance that would give them relief of 10 ft. Relief of 10. Two zero feet.

Two zero feet. Correct. I second that. Second. Approve. Uh, I vote to approve. Approve. Approve. Approve. Zach. I move the board approve. No. No. Do you approve? Approve. Yeah. Okay. [clears throat] I thought we were there. Well, I think you voted to approve before it had been second. Okay. [clears throat] You said two feet. It's for each of the units. So, four. Are you doing I was going to do two feet. It's four. It's

But she said two two uh two zero feet. But it's this the variance reads that they request they're requesting relief of 10 ft for Yeah. for all the four sides. For all the four sides for the four side. Yes. So not two but not the four sides. It's Yeah, because [clears throat] there are two each building. It's really between each unit, isn't it? 10 foot 10t. So four. Yeah. So if you want because you stated that so you want me to say it differently.

Four. Yeah. Instead of two you said two zero feet. So they're requesting a relief of 10 ft for all the for all they're requesting a relief of 10 feet for each unit. Yeah. For a total of four side setbacks. Yes. Okay. We have to go through the approval. Yeah, we should probably do that. Uh I second that motion. Okay. And I vote to approve. Approve. Approve. Approve. Approve. Okay. All right, Zachary.

All right. [laughter] I move that the board approve the variance uh the third variance for PL ZBA 202600004 uh where they are requesting a variance a relief of 63 square feet per townhouse. Yes. For each of the four units. For for each of the four units in the townhouse. Um the the benefits sought by the applicant will um may not be achieved by some other reasonable method other than the proposed variant. A second vote to approve. Approve. Yes. Approve. Approve. Approve.

Thank you very much. You're welcome. Can't wait to see him. Thank you. Good luck. Have a good night. Thank you. Make them good. I I the triple one. If there's nothing else on the agenda, can we make a motion to adjurnn or do we have other business to talk? I don't know of any other business. Any other business? Then I would put a motion to adjurnn. I second that and vote to approve. Approve. It didn't go out of order. Yes. Ajourn. Approve.

That was record time. That was record time. I was shocked. We've been a little glitch in our in our media.