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Planning commission legalizes 14 additional units at 45 Washington Street, correcting paperwork discrepancy
Summary
Attorney Mike Bancardo and Fagan Engineers told the commission that as‑built documents show 127 units at 45 Washington Street while older approvals list 113; the commission approved a site‑plan modification and updated special‑use permit to legalize the additional 14 units after finding no environmental impacts.
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The Planning Commission reviewed a site‑plan modification from Scion Group LLC to legalize 14 additional dwelling units at 45 Washington Street. Attorney Mike Bancardo said the discrepancy appears in city records and as‑built materials and that no physical changes are proposed — the filing seeks to align approvals with the building's as‑built condition ahead of a planned sale.
Bancardo told commissioners this is primarily a paperwork correction: "It's a site plan amendment more for catching up on the paperwork for the as built condition of the property." Planning staff and commission members discussed parking counts and potential enforcement options for historic discrepancies but agreed that forcing removal or litigation would be burdensome and not a productive path. The commission issued a Type II determination that no further SEQR review was required and approved the site‑plan modification and updated special‑use permit; motions passed 5–0.

