Albany BZA hears Larkin HiFi cabaret appeal; board reserves decision pending mailed notice and further record review

The Board of Zoning Appeals held a de novo hearing on Jan. 8 on an appeal of the city clerk’s denial of a cabaret license for Larkin HiFi at 199 Lark Street. The board heard procedural arguments, testimony from the applicant and co‑owners, legal guidance from city counsel, and several public commenters, and ultimately reserved formal action pending completion of mailed notice and clarification about the evidentiary record.

The applicant’s counsel asked the board to accept substituted notice — posting on the building, email to a neighborhood leader and publication in the Times Union — and argued the city’s mailed‑notice requirements were onerous for a small business. City counsel (Jason) said the Unified Sustainable/Urban Standard (USBO) requires mailed notice for policy decisions listed in table 375.502 and cited USBO Section 375‑504(6)(c)(2) as the controlling notice provision. The city’s position, as explained on the record, is that those mailed‑notice rules apply to an interpretation of the clerk’s cabaret decision and that the board should not waive the mail notice requirement.

The board agreed to receive the applicant’s presentation and public comment at the hearing but said it would reserve any decision until the applicant completed the required mailed notices so potentially interested parties could be re‑noticed before the board ruled. The board also asked both parties for legal opinion and briefing on whether its de novo review may include new evidence submitted after the clerk’s decision; the city counsel stated that the city’s position is to treat the clerk’s record as the initial record but that the board could choose otherwise.

Substantive points taken from the record: - The city clerk’s denial letter was dated Oct. 11, 2024, and referenced an incident involving city personnel in October; the applicant said the chronology in the clerk’s letter contained an error but that there had been a prior interaction with codes staff in October. - The police department recommended denial based on the premises history, meaning documented calls for service and noise complaints for the location; the codes/building department also raised concerns tied to police call history. Other review departments recommended issuance with standard conditions (e.g., building codes and fire conditions, including soundproofing and smoke detectors). - The applicant’s representatives said they had implemented a soundproofing program during construction, added a high‑grade sound‑deadening material to the rear exit door in September, and reduced loud “dance” events from as many as four times per week to one weekly event voluntarily. The applicant said police responses often found no substantiated violations; the police call log in the project file is redacted as to outcomes and was not provided in full to the board at the clerk’s submission. - Several nearby residents and neighborhood leaders urged the board to uphold the clerk’s denial. Bill Pettit, president of the Washington Park Neighborhood Association, and multiple residents said the business had misrepresented its intended operating model at the planning board and that noise has been audible in nearby residences despite claimed soundproofing. Several residents offered to provide audio/video recordings and requested the board preserve the clerk’s decision.

Board member Paige recused herself from the Lark Street matter because she serves as vice president of the Square Neighborhood Association and said she did not feel it would be appropriate to participate. The board asked staff to circulate a link to the recording of the Jan. 8 hearing and to require the applicant to complete mailed notice before the board acts. The board left the public record open and deferred any final determination to a future meeting after required notice and any supplemental legal briefing about the scope of de novo review.

No final decision on the cabaret license was recorded at the Jan. 8 meeting; the matter remains pending.