Planning board approves two conditional-use permits legalizing third units at 211 Clinton Ave and 64 Elm St.

The City of Albany Planning Board on Dec. 2 granted conditional-use permits to legalize third dwelling units at 211 Clinton Avenue and 64 Elm Street, actions intended to recognize existing interior conversions and to allow separate basement units with required egress and utilities.

At 211 Clinton Avenue, applicant Vincent Atkins said he bought the building in 2022 believing it was a three-unit property; a subsequent title search identified it as a two-unit. Atkins told the board he is seeking to legalize what was already permitted and inspected under a prior owner so he can market the property as a three-unit. "I'm really not proposing anything other than legalizing what was already done, permitted, and inspected," Atkins said.

Planning staff told the board the lot meets RT-district standards, the total number of units will not exceed the maximum of three, the basement unit meets finished-grade and egress requirements, and off-street parking is not required for lots of 5,000 square feet. The board moved, seconded and approved the conditional-use permit for 211 Clinton Avenue.

At 64 Elm Street, applicant David Ber described converting an existing two-unit townhouse to three units by finishing the basement as a separate unit with its own entrance and egress. Planning staff confirmed the proposal meets the RT-district requirements (lot size and maximum dwelling-unit count), noted required permits for plumbing and electrical work, and recommended issuance of the conditional-use permit. The board voted to approve the permit for 64 Elm Street.

Both decisions were approved on motions and recorded as carried in the meeting; planning staff said decision letters will be sent and that building-department permits and inspections remain the next procedural steps.