Planning Commission

City of Schenectady Planning Commission Meeting Minutes February 15, 2017 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:30 p.m. Prior to the beginning of the proceedings Commissioner Wallinger introduced the newest Planning Commissioner, Marc Thompson, to the Commissioners and the members of the public present. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Randall Beach; Mitchell Miller; Christopher Rush; Julia Stone; Marc Thompson; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner; Carl Falotico, Corporation Counsel EXCUSED: Sara Bonacquist; Rachael Ward, Deputy Corporation Counsel III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Wilson, to accept the Minutes of the January 18, 2017 meeting as submitted. Motion carried unanimously, with Commissioner Lewis absent for the vote. V. CONSENT AGENDA - NEW BUSINESS A. PAT POPOLIZIO requests a special use permit pursuant to Section 264- 61 I of a proposal to install an electronic message board at 1903 Maxon Road, tax parcel # 39.26-1-1.12, located in an “M-2” Manufacturing and Warehousing District. Pat Popolizio appeared before the Commission. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Miller, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Lewis absent for the vote. SPECIAL USE PERMIT  Motion by Commissioner Beach, seconded by Commissioner Wilson, to approve the Special Use Permit with the following findings: 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. The proposed sign is in a predominantly commercial area with a lot of vehicular traffic. 2. Proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, and utility facilities. The proposed sign will not impact the character of the neighborhood, traffic, or utilities. 3. Nuisance will not be more objectionable than use not requiring special use permit. There are no anticipated nuisances associated with this proposal. 4. Use shall be served adequately by infrastructure. No upgrades to the infrastructure are needed as a result of this proposal. 5. Proposed use will not result in loss or destruction of significant features. There will be no loss or destruction as a result of this proposal. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this zoning chapter. Conditions of Special Use Permit approval: 1. The applicant must obtain a building permit to install the sign. 2. The rate of change cannot exceed every 10 seconds. Motion carried unanimously, with Commissioner Lewis absent for the vote. B. CHANDRADAT ROBERT requests a special use permit pursuant to Section 264-61 I of a proposal to install an electronic message board at 1014 Ostrander Place, tax parcel # 49.63-5-31.2, located in an “R-2” Two Family Residential District. Chandradat Robert appeared before the Commission. PUBLIC COMMENTS Patricia Smith, President of the Mont Pleasant Neighborhood Association, spoke in favor of the proposal, stating that Mr. Robert has offered to use his sign to publicize neighborhood events and activities offered by non-profit organizations in the neighborhood. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Miller, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Lewis absent for the vote. 2  SPECIAL USE PERMIT Motion by Commissioner Beach, seconded by Commissioner Wilson, to approve the Special Use Permit with the following findings: 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. The proposed sign is in a predominantly commercial area with a lot of vehicular traffic. 2. Proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, and utility facilities. The proposed sign will not impact the character of the neighborhood, traffic, or utilities. 3. Nuisance will not be more objectionable than use not requiring special use permit. There are no anticipated nuisances associated with this proposal. 4. Use shall be served adequately by infrastructure. No upgrades to the infrastructure are needed as a result of this proposal. 5. Proposed use will not result in loss or destruction of significant features. There will be no loss or destruction as a result of this proposal. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this zoning chapter. Conditions of Special Use Permit approval: 3. The applicant must obtain a building permit to install the sign. 4. The rate of change cannot exceed every 10 seconds. Motion carried unanimously, with Commissioner Lewis absent for the vote. C. IBRAHEEM FARAJ requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a physical therapy practice at 2525 Broadway, tax parcel # 48.66-2-14.11 and 12, located in a “C-2” Mixed Use Commercial District and parcels 48.66-2-10 and 14.2 located in an “R-1” Single Family Residential District. Ibraheem Faraj appeared before the Commission. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Rush, to accept the proposal with the following conditions: 1. The address will be prominently displayed on the building so that it is easily visible from Broadway. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time. 3  3. The landscaping will be improved by July 1, 2017. Additionally, two small flowering trees will be planted in the front of the property, one at the front corner and one on the left side. 4. If a dumpster is being used, pursuant to Section 264-49 G, it must be properly enclosed and screened from public view. A plan for the enclosure must be submitted to the City Planner for approval prior to installation. Motion carried unanimously. VI. NEW BUSINESS - CONTINUED A. RUBEN SANDIA requests site plan approval pursuant to Section 264-90 M of a proposal to operate a barbershop at 1335 State Street, tax parcel # 49.60-2-46, located in a “C-2” Mixed Use Commercial District. Ruben Sandia presented the proposal. Commissioner Wallinger explained that she had pulled this item from the consent agenda so that the landscaping in front of the barber shop could be discussed briefly. She asked Mr. Sandia if he is willing to remove the asphalt from the front of the building and plant grass in its place. She also explained that a street tree should be added and some treatment given to the front of the property on the side by the driveway so that drivers do not think that they may enter the front of the property from that side. Mr. Sandia stated that he would be willing to meet these conditions. Commissioner Wallinger stated that he should submit a plan for the landscaping to City Planer Primiano prior to doing the work. Mr. Sandia agreed. The Commissioners had no further comments. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Miller, seconded by Commissioner Lewis, to accept the proposal with the following conditions: 1. The address of the building must be prominently displayed on the building so that it is easily visible from State Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. The front door to the barber shop will be changed to a commercial- style door prior to the opening of the business. 4. The applicant must submit a professionally prepared drawing of the proposed sign to the City Planner prior to installation and issuance of a building permit. 5. No parking is allowed on the pavement in front of the building. The pavement will be removed and grass will be planted by July 1, 2017. A paved walkway leading from the front door of the building to the 4  sidewalk will remain. A small flowering street tree will be planted and landscaping added to the front yard. The applicant will submit a landscaping plan to the City Planner for approval prior to installing the landscaping. 6. The old projecting sign pole and its mounting apparatus must be removed in its entirety prior to the opening of the business. 7. All licensed barbers must submit a copy of their license prior to working in the shop. The license will be kept on file in the City Planning Office. Motion carried unanimously. B. MAXON ALCO HOLDINGS LLC requests site plan approval pursuant to Section 264-90 B and F of a proposal to renovate the building and create 16 apartments at 487 Nott Street, tax parcel # 39.50-2-44, located in a “C-4” Downtown Commercial District. Dan Hershberg of Hershberg & Hershberg, engineer for the project, and JT Pollard of Re4orm Architecture, architect for the project, presented the proposal. Mr. Pollard began the presentation by reviewing the elevation drawings and explaining the building materials. He stated that the developers are working with the State Historic Preservation Office to renovate the building in a historically accurate manner and thus receive tax credits for the work. He explained that they will be leaving the existing exterior materials as they are, and that the building will be cleaned, re-pointed as necessary, and repainted. Mr. Pollard noted that the one major change to the building will be the windows, which will be restored to their original size and replaced with anodized bronze diamond windows. He also noted that the cornice will be restored to its original design using a PVC material. Mr. Pollard distributed paint chips showing the proposed colors of the exterior of the building, which will be a brick red color with off-white trim. City Planner Primiano asked if a handicap ramp is planned. Mr. Hershberg responded that they do not plan to make the building handicap accessible. There was some discussion amongst the Commissioners as to whether it would be required to be accessible or not. Ms. Primiano noted that the issue is beyond the purview of the Commission; however if they decide to install a ramp and handicap parking at any time that would have to be approved by the Commission or planning staff. Commissioner Wallinger asked Mr. Hershberg to briefly review the landscaping plan. He explained that they will keep all of the plants and trees that survive, and will replace them if they do not. He also showed on the site plan where additional landscaping will be added, along the front of the 5 parking area abutting the bike path, at the rear of the building, and in the front yard area. Mr. Hershberg added that an enclosed dumpster will be installed at the back corner of the lot and that the developers are working with the city to share the costs of sidewalk and curb replacement. Commissioner Wallinger stated that she would like to see green space added to the small paved area adjacent to the parking lot, as well as a street tree along the eastern side of the property, and shrubs added to the front left side of the building to make the plantings symmetrical. Mr. Hershberg agreed that his client would be amenable to these suggestions. Commissioner Rush asked if the access to the bike path will remain the same. Mr. Hershberg stated that it will. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Miller, to accept the Negative Declaration. Motion carried unanimously. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Lewis, to accept the proposal with the following conditions: 1. The address must be prominently displayed on the building so that it is easily visible from Nott Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. A street tree will be added near the corner of Nott and Devine Streets. 4. A final landscaping plan showing the changes discussed at the meeting will be submitted to the City Planner for final review and approval. These changes will include the removal of asphalt and planting of grass in the area adjacent to the parking lot, the replacement of any specimens that are lost or removed during renovation, and the planting of additional shrubs in front of the building so that the landscaping is symmetrical. 5. A final revised site plan will be submitted to the City Planner for approval. The site plan will include colors and materials to be used on the exterior of the building, as well as the lighting plan. 6. If during renovation of the building any changes to the approved plans become necessary the applicants must return to the City Planner and possibly the entire Commission for review and approval of the changes. 7. If in the future any signage is planned for the building it must be submitted to the City Planner for review prior to the installation of the sign(s). 6  Motion carried unanimously. C. TAHER MOSLEH requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a convenience store at 315 Craig Street, tax parcel # 49.33-4-3, located in a “C-2” Mixed Use Commercial District. Taher Mosleh presented the proposal. Mr. Mosleh stated that he had recently taken over ownership of the business, which has been in operation for over thirty years. He stated that he does not plan to change anything about the operation of the business. City Planner Primiano asked Mr. Mosleh if he is currently operating the store. Mr. Mosleh stated that he is. Ms. Primiano asked if he has a valid Certificate of Use. Mr. Mosleh stated that he does not, but that he has filed an application. Corporation Counsel Falotico stated that the application was denied. Ms. Primiano noted that the grates on the windows and doors are illegal and must be removed prior to any further consideration for site plan approval. She stated that there are also other problems with the property, as explained in her staff notes. Ms. Primiano recommended that the Commission deny the application until the property is brought into compliance and the applicant obtains a Certificate of Use. She stated that Mr. Mosleh should receive a letter explaining why the Certificate of Use was denied. PUBLIC COMMENTS None. SITE PLAN DENIAL Motion by Commissioner Miller, seconded by Commissioner Wilson, to deny the proposal. Motion carried unanimously. D. MOKHTAR AHMAD requests site plan approval pursuant to Section 264-90 M of a proposal to operate a convenience store at 864 Albany Street, tax parcel # 49.33-4-17, located in a “C-2” Mixed Use Commercial District. Mokhtar Ahmad presented the proposal. He explained that he has been operating the store since 2001 and that he purchased the business in 2007. Mr. Ahmad stated that he previously had a Certificate of Use but was told that he had to reapply so that the certificate could be renewed. Corporation Counsel Falotico stated that technically the business has been operating without a valid Certificate of Use since the end of 2015. Mr. Ahmad stated that he had come to City Hall in May of 2015 to apply for a new Certificate and was told that he did not need to reapply. Mr. Falotico stated that the onus 7  is on the business owner to make sure that he is in compliance with all pertinent codes and laws. City Planner Primiano noted that the sign overhangs the public right-of-way and thus the applicant must obtain a revocable permit from the city engineering department. Commissioner Wallinger stated that the signs on the door and in the windows cannot exceed 20% coverage of the windowpane, so some signs must be removed. Ms. Primiano recommended that the application be tabled until a revocable permit for the sign is obtained. The Commissioners concurred. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Wilson, to table the proposal. Motion carried unanimously. VII. OLD BUSINESS None. VIII. MISCELLANEOUS None. IX. MOTION TO ADJOURN Motion by Commissioner Stone, seconded by Commissioner Miller, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 7:32 p.m. 8