Albany zoning board tables request to exceed 30% lot coverage at 195 Euclid Ave; neighbors cite new flooding

The Albany City Board of Zoning Appeals on Nov. 5 heard testimony on an area variance (Application 2025‑16, project 00624) seeking to allow lot coverage of about 40% at 195 Euclid Ave, above the 30% maximum for the R‑1L (low‑density single‑family) zoning district. The applicant, Joel Moody, told the board that he built an attached garage and extended the driveway under building permits in 2021 and installed a dry well to manage runoff. "We installed the dry well due to the excess water in our backyard in consultation with the city and our neighbors," Moody said.

The hearing drew neighbors who said the work changed yard grades and caused new flooding. Edward Shear, who lives at 197 Euclid Ave, told the board, "For 44 consecutive years, we never had any flooding in our garage and driveway. Since mister Nooty's construction projects, we've had flooding during periods of heavy rain," and asked the board to deny the variance and direct the applicant to regrade and restore permeable area. Paula Binanine, a property renovator at 199 Euclid Ave, told the board the "reason we have the 30% rule is because we do not want to inundate the city sewers," urging enforcement of the code to protect the wider sewer system.

During questions, board members and staff reviewed the timeline: the house was purchased by the applicant in 2017, the garage and driveway work was completed in 2021, enforcement complaints and a planning denial followed in 2024, and two stop‑work orders were issued on 05/13/2025 (closed) and 06/23/2025 (still open). The applicant said replacing the driveway with the permeable material recommended by staff would cost about $18,000, and said he proposed adding a berm between his property and the neighbor’s to limit runoff. He also said the dry well "holds it, and then it flows in through the system into the nature and stuff," and that the dry well reduced runoff volume.

Planning staff told the board the R‑1L 30% maximum is intended principally to preserve infiltration capacity and limit stormwater flows to the city system; staff confirmed that the city had issued written records and photos submitted by neighbors and that the matter was under active enforcement. Staff said the applicant is seeking the variance to address the zoning violation.

The board did not vote on the variance at the Nov. 5 hearing. Staff and the chair said a publication error in the required public notice (a Times Union notice problem) prevented the board from taking final action and that the case will be continued to the board's December meeting. The chair said supplemental written comments would be accepted and included in the record before the next hearing.

Separately, the board approved updated rules of procedure by voice vote (recorded as four yes votes and one abstention).