Zoning Board of Appeals Meeting - October 22, 2026

The Zoning Board of Appeals (ZBA) convened on October 22, 2026, for a meeting focused on a single substantive agenda item: the re-approval of an area variance for the mixed-use adaptive reuse project at 41 North Division Street. The board heard a presentation from the applicant’s representative, opened and closed a public hearing with no public comment, conducted a criteria analysis, and unanimously approved the variance. The board also approved the September 2026 meeting minutes.

Public Comments & Testimony

• No members of the public attended or offered testimony during the public hearing for the 41 North Division Street variance.

Discussion Items

• Re-Approval of Area Variance for 41 North Division Street: Joseph G. Thompson, representing North Division-Main LLC, presented the request to re-approve an area variance originally granted in summer 2024. The variance seeks relief from the minimum residential dwelling unit floor area requirement (Section 575-33 B (10) (a) [2]) to facilitate the adaptive reuse of an existing structure. The proposed development includes 22 upper-floor dwelling units with ground floor and basement commercial space.
• Project Timeline: Thompson indicated the project required additional time for funding procurement and is expected to begin construction by the end of 2026 or early 2027.
• Variance Criteria Analysis: Board members evaluated the request against the five statutory factors under General City Law § 81-b:
  1. Detriment to Neighborhood: No detriment anticipated; the project is expected to bring positive benefits to the downtown area by introducing a residential population to a currently underutilized building.
  2. Alternatives: While combining units could meet the 600-square-foot minimum, it would compromise the historic window pattern and reduce the total unit count necessary for financial feasibility.
  3. Substantiality of Variance: The requested 15.3% area differential (average of 500 square feet for 12 units versus the 600-square-foot minimum) was not deemed substantial. The board recognized that 279 square feet of shared amenity space (storage, rooftop terrace, community room, gym, laundry, bike storage, and a business center) offsets the reduced in-unit square footage.
  4. Physical Environment: The project is anticipated to have a beneficial effect on the physical environment of the neighborhood.
  5. Self-Created Difficulty: The constraints are inherent to the fixed structure of the historic building and were therefore not determined to be self-created.
• SEQRA Determination: The project was confirmed as a Type II action under SEQRA, requiring no further environmental review.
• Agenda Correction: A typographical error in the agenda regarding the property’s Section-Block-Lot designation was noted and corrected on the record.
• Transcript Discrepancy: The agenda lists only the 41 North Division Street variance. However, the transcript begins with a reference to the application being “for the library,” and at the meeting’s conclusion, board members confirmed that a separate public hearing concerning a library matter had been properly closed.

Key Outcomes

• Variance Re-Approved: The board unanimously approved the motion to re-approve the area variance for the 41 North Division Street project.
• September 2026 Minutes Approved: The board voted to approve the meeting minutes from September 17, 2026.
• Other Minutes Deferred: The approval of meeting minutes from October 2025, February 2026, March 2026, and August 2026 was tabled due to the absence of sufficient board members available to review them.