Albany zoning board approves six variances to split Home Depot parcel for sale and refinancing

ALBANY, N.Y. — The City of Albany Board of Zoning Appeals on Aug. 6 approved six area variances to permit a lot-line reconfiguration that will separate the Home Depot parcel from the surrounding shopping center at or near 161 Washington Avenue Extension. The board approved the variances 4-0 and conditioned the approval on filing a reciprocal easement agreement at the time the new lot is recorded.

The variances, requested by Pyramid Management Group LLC and presented by agent James Seuss, would allow zero-foot side setbacks on both the east and west sides of the Home Depot building, a combined side-yard setback of 0 feet, a rear-yard setback of 0 feet, a 100% impervious lot coverage for the new parcel (exceeding the 80% maximum cited for the MUC-H zoning district), and a setback adjustment for an adjacent building at the west end. “We’re not building anything. We’re just changing the lots on the paper,” Seuss said, describing the proposal as a paper subdivision to enable refinancing and the sale of the Home Depot parcel.

Why it matters: Pyramid said the reconfiguration will allow the blue-shaded area on its plans to be refinanced as one parcel while the red-outlined box that contains the Home Depot will become a separately mortgaged and sold parcel. The company told the board the likely buyer is a real-estate investor that prefers to own and finance the store parcel separately and does not want responsibility for surrounding common areas. Pyramid said reciprocal easements and recorded access/maintenance agreements will preserve shared access, utilities and stormwater management for the remainder of the shopping center.

Board members and staff discussed alternatives the applicant had considered, including extending a rear lot line to capture adjacent green/stormwater treatment area. Pyramid said including that constructed stormwater basin in the new parcel was not feasible because it serves multiple uses across the center, and the buyer did not want responsibility for additional green space. Planning staff recommended conditioning approval on recording the reciprocal easement agreement when the lot deed is filed; the motion approved by the board included that condition.

The application referenced two parcel identifiers: 52.2-1-26.1 (the area being reconfigured) and a proposal to create Parcel 52.2-1-27 from the remainder. Pyramid clarified that the Home Depot parcel will retain the existing parcel number while the surrounding acreage will be renumbered. The applicant also said tax-assessment effects would be handled by the county assessor and that deed and easement language will be recorded and appear in the chain of title.

Discussion also touched on the project’s effect on neighborhood character and environmental criteria required for area variances. Pyramid and staff said no physical changes or new construction are proposed, and that existing cross-access and reciprocal maintenance arrangements (similar to those in place with the adjacent Walmart parcel) will remain in force. Pyramid said the impervious coverage figure reflects how the new parcel would read on paper, not a change to on-the-ground paving or stormwater treatment.

Action and vote: The board moved to approve area variances 2025-10 through 2025-15 with the condition that the reciprocal easement agreement be filed and a copy of the Albany County filing be submitted to the city at the time the new lot is recorded. The board vote was recorded as: Marta — yes; Serena — yes; Julissa — yes; Adriana — yes. The motion passed 4-0 and the board chair announced that all variances were granted.

Next steps: Pyramid said it will record the lot amendment plan and the reciprocal easement at the time of the sale and refinancing. The board’s approval was limited to the area variances and the filing condition; no construction approvals or site alterations were requested or granted at the meeting.