Historic Resource Commission

Schenectady Historic District Commission Meeting Minutes October 27, 2022 I. CALL TO ORDER Commissioner Yager called the meeting to order at 7:01 p.m. II. ROLL CALL PRESENT: Patricia Yager, Chair; Dr. Dean Bennett; Shaun Andriano; Zakhar Berkovich; Joe Fava; Richard Unger; Matt Smith, Senior Planner; Chris Marney, Assistant Corporation Counsel; Sylvia Jimison, Development Staff ABSENT: None EXCUSED: None III. CONFLICT OF INTEREST None. IV. ADOPTION OF MEETING MINUTES Motion by Commissioner Bennett, seconded by Commissioner Unger, to adopt the Minutes of the May 26, 2022 meeting. Motion carried 5 in favor, 1 abstained (Commissioner Berkovich) Motion by Commissioner Fava, seconded by Commissioner Berkovich, to adopt the Minutes of the September 22 2022 meeting. Motion carried unanimously. V. CALL FOR MEMBERS OF PUBLIC TO SPEAK ON AGENDA ITEMS None. VI. APPLICATIONS A. Consideration for approval submitted by Brendan Hathaway and Heather Maffei to install a fence. The premises is located at 1454 Lowell Rd. in the GE Realty Plot Historic District. Ms. Heather Maffei appeared before the commission and said she has been living in Schenectady since 2018 and wanted the fence for safety for her Labrador Retriever and for when her young nieces and nephews visit. She stated that she was proposing an aluminum fence, black in color that will minimize the visual impact. She explained that she looked at 14 other houses in the neighborhood that had a similar style fence to the one she was proposing. The commissioners asked if there would be an issue with the neighbors and she said she has been in communication with them because there is a small tree that will need to be taken down. She stated that the neighbors are in agreement with the removal of the small tree.  RESOLUTION Commissioner Bennett made a motion, seconded by Commissioner Berkovich to approve the application with the following conditions: 1. The project will be completed within one year. And with the following finding of fact: 1. This is a Type II SEQRA. 2. The Commissioners cited Preservation Standards #2, #5 and #6 as the guidelines for their decision. Motion carried unanimously. B. Consideration for approval submitted by Schenectady Property Holding, LLC to install siding and windows. The premises is located at 1039 Park Ave. in the Union Triangle Historic District. Tia Marx, property manager, representing the applicant that owns 1039 Park Avenue. She stated that she is appearing before the Commission because the property was granted a building permit by the city to install the vinyl siding, but that it was later revoked and they were issued a stop work order when it was discovered that it wasn’t approved by the Historic Commission. She explained that approximately half of the siding is already installed but that all of the materials were already paid for. Ms. Marx further explained that she did some research on the Union Triangle Historic District and is aware that it was established in 1983, and that much of the vinyl siding that is present in the neighborhood is grandfathered in. She asked the Commission what can be done to remedy the situation since they have already spent $30k on materials and labor for the siding. She stated that she also submitted the application for new vinyl windows that have not yet been purchased. Commissioner Yager stated that vinyl siding is not permitted and that the clapboard behind the siding does not look to be in terrible condition. She suggested stripping the siding to see the condition of the clapboard. Commissioner Unger stated that the situation is unfortunate but that the application before the commission is to replace the siding with vinyl siding and existing windows with vinyl windows, and both are not acceptable. Assistant Corporation Counsel Chris Marney stated that from the municipality’s perspective, even though the permit was issued erroneously, it has no bearing on what's before the commission today and that the interpretation standards are the same. He explained that there is no recourse or liability on behalf of the municipality, and there's no vested right to an erroneously issued permit. He stated that he understood that the permit was issued around 1:30 p.m. and revoked by ten of five the same day when they noticed the error that the permit had been issued. He stated that could be a separate action that the owner could try to bring against the city, but there would be no liability on behalf of the municipality. Ms. Marx asked about replacing the bead board on the porch ceiling, and Mr. Smith stated that so long as it was the same material, color, configuration and design, it would be considered a repair and would not require review by the Commission.  Assistant Corporation Counsel Chris Marney informed the applicant about possible tax credits for historic properties. Commissioner Unger prefaced his motion by stating that he wished it could be more positive because he doesn’t like making negative motions. RESOLUTION: Commissioner Unger made a motion, seconded by Commissioner Fava to deny the application. And with the following finding of fact: 1. This is a Type II SEQRA. 2. The Commissioners cited Preservation Standards #2, #5 and #6 as the guidelines for their denial as the application did not meet these standards. 3. The use of vinyl windows and siding is inconsistent with preserving the historic character or the property. 4. The applicant has not made a case for replacing rather than repairing the features. VII. MISCELLANEOUS A. Consideration submitted by Schenectady Heritage Foundation for a recommendation to alter the OH Overlay Historic District to include the premises located at 302 State St. known as the “Masonic Temple”. Gloria Kishton, from the Schenectady Heritage Foundation, appeared before the Commission. Commissioner Yager entered two letters of support into the record, one from the Schenectady Heritage Foundation and a one from City Historian, Chris Leonard. Ms. Kishton gave an overview of the historical prospective about the Masonic Temple at 302 State Street a/k/a 308 State Street. The landmark is also known by its tax id number 39.71-3-15.11. The parcel contains the Masonic Temple, former Rudnick’s Department Store, and former Schenectady Chamber of Commerce buildings. Ms. Kishton stated that she spoke with Ray Gillen from Metroplex, and he stated that due to the condition of the Wedgeway building across the street, he had a difficult time showing the Masonic Temple to prospective buyers. She stated that given the change of ownership and rehabilitation plans for the Wedgeway building now, she is optimistic about the future for the Masonic Temple. After Ms. Kishton provided a historical prospective about the building and she asked Assistant Corporation Counsel Chris Marney to explain the process and importance of the historic zoning designation. Assistant Corporation Counsel Marney provided information on the differences between listing something on the State and National Register and local historic designation, which is a zoning process. He explained that the State and National Register designation does not provide demolition protection for a property that is strictly utilizing private funds. He explained that this process is a little lengthy, but that the Commission has the ability to recommend any property in the City of  Schenectady or any group of properties in the City of Schenectady to be locally designated as an historic district or to apply the OH Overlay Historic District. He further explained that the Commission’s recommendation will cause a public hearing to be scheduled before the City Planning Commission. At the completion of the public hearing, the matter is referred to City Council for final determination. He further stated that once notice of the Commission recommendation is sent to the owner it imposes a building permit and demolition moratorium on the property until City Council renders its decision. Commissioner Bennett stated that he believes the property meets many, if not all of the criteria for designation that Ms. Kishton described. Commissioner Unger stated that the only criteria that the property may not meet is regarding the influence of the designer, but believes if it is discovered who the architect was, it may end up meeting all five criteria for designation. Commissioner Unger stated that the request for designation was for the singular building, but if the Commission recommends the building according to the tax identification number, that would include the two neighboring buildings that were merged into the one tax parcel. Commissioner Berkovich stated that he would recommend including all the buildings to the railroad tracks as they are historic, but questioned whether that would create more pushback by incorporating more owners into the recommendation. RESOLUTION: Commissioner Unger made a motion, seconded by Commissioner Fava to recommend local historic designation status and apply the OH Overlay Historic District zoning district to 302 State Street a/k/a 308 State Street (Former Masonic Temple, Rudnick’s Department Store, Schenectady Chamber of Commerce)(Tax Parcel ID No.: 39.71-3-15.11). And with the following finding of fact: 1. Sufficient evidence has been presented by the Schenectady Heritage Foundation that the property meets the criteria for designation pursuant to §264-75(A)(3)(a,b,c,e). 2. The property is consistent with the purpose of the OH Overlay Historic District zoning district which is to promote, maintain, and enhance areas, buildings, and neighborhoods of historic, architectural, cultural, or aesthetic value. 3. The OH Overlay Historic District zoning district should be applied to 302 State Street a/k/a 308 State Street, Tax Parcel ID #39.71-3-15.11. 4. Time being of the essence, the process to apply the OH Overlay Historic District zoning be initiated by the Department of Development immediately pursuant to the notice of designation process described in §264-75(B) and that a public hearing be scheduled before the Planning Commission on November 16, 2022. Motion carried unanimously. VIII. ADJOURN Motion by Commissioner Fava, seconded by Commissioner Berkovich to adjourn at 8:21 p.m. Motion carried unanimously.