Planning Commission

City of Schenectady Planning Commission Meeting Minutes March 15, 2017 I. CALL TO ORDER Commissioner Lewis called the meeting to order at 6:30 p.m. Commissioner Lewis explained that due to the excused absence of Commissioner Wallinger he would be chairing the meeting. II. ATTENDANCE PRESENT: Bradley Lewis, Vice Chair; Sara Bonacquist; Christopher Rush; Julia Stone; Jason Bogdanowicz-Wilson; Rachel Ward, Deputy Corporation Counsel EXCUSED: Mary Moore Wallinger, Chair; Christine Primiano, Principal Planner ABSENT: Randall Beach; Mitchell Miller; Marc Thompson III. CONFLICT OF INTEREST CHECK Commissioner Lewis stated that he would be recusing himself from voting on Item B, the Union College proposal, because he is employed by Union College. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Stone, seconded by Commissioner Wilson, to accept the Minutes of the February 15, 2017 meeting as submitted. Motion carried unanimously. V. NEW BUSINESS A. HUDSON PARTNERS MAXON POINTE SCHENECTADY LLC requests site plan approval pursuant to Section 264-90 B and F of a proposal to construct four (4) two-story apartment buildings, each with 20 units and eight (8) single family homes at 2515 Van Vranken Avenue, tax parcel #’s 30.76-3-1 through 46, located in a “PRD” Planned Residential Development District. Andy Brick, attorney for the applicants, Tom Andress of ABD Engineers and Surveyors, Chris Maddalone, developer, and Ron Marino of Westchester Modular Homes presented the proposal. Mr. Brick provided some background information on the project, explaining that the area had been zoned PRD for a previous development that was never finished. He explained that in 2010 after 2 duplexes and one individual home had been sold the rest of the property was foreclosed on by the bank and has since been purchased by his clients. The portion of the property that had been set aside as common area to be owned by the HOA was foreclosed on by the City, which then transferred it to the Schenectady Urban Renewal Agency. Mr. Brick stated that his clients are currently in negotiations with SURA to acquire that land. Mr. Brick stated that his clients wish to build four apartment buildings with twenty units each, as well as four additional duplexes. Commissioner Lewis stated that it was his understanding that there had been an agreement with the previous developer and the City that the city would maintain North End Drive and provide plowing and any other necessary services. Mr. Brick stated that this agreement had been put in place and is still binding. Mr. Brick noted that the homeowners who had previously purchased the homes in the development own their homes but not the actual land underneath them, which will not be the case with the new developer. He explained that the new homes will be single family homes and there will be no homeowner’s association. Commissioner Rush asked what the size of the apartment units will be. Mr. Maddalone stated that they will be approximately 850-900 square feet and rent for $950 to $1100. Commissioner Lewis asked if the new single family homes will be consistent in design with the previously built homes. Mr. Maddalone stated that they will be. Mr. Andress next presented the site plan drawings and the elevation drawings for the apartment buildings. Mr. Maddalone explained that the buildings will be modular construction, with mostly one-bedroom units. He stated that using the modular construction is both more affordable and cuts construction time considerably. Commissioner Bonacquist asked if the stone material shown in the drawing will be real stone. Mr. Maddalone stated that it will be a cultured stone product that will be attached to the face of the building. Commissioner Bonacquist stated that she believes that material samples should be submitted to the City Planner for final approval. The Commissioners agreed. Mr. Maddalone stated that he would submit the materials. Commissioner Bonacquist asked if there is a landscaping plan for the site. Mr. Andress stated that it has not been completed yet but that his clients would be happy to submit a plan. Commissioner Bonacquist asked if they plan to use any ornamental plantings or just larger trees. Mr. Andress stated that they plan to use the trees and various shrubs and mulched planting beds. Commissioner Wilson commented that he would like to see a more varied design to break up the long spans of the sides of the building, which are 280 feet long. He suggested that perhaps roofs could be added to some of the second story porches or some of the windows might be moved so that both stories are not identical in their fenestration. Mr. Maddalone stated that many of the design details have been dictated by cost concerns, as these will be workforce apartments and although they will have some specialty interior 2 features such as granite countertops the developers are working to keep rents lower than they would be in typical luxury apartments. Mr. Marino stated that they could look at ways to break up the exterior spans which would not be prohibitively expensive. Commissioner Bonacquist noted that the surrounding smaller homes are the same color, and perhaps the colors of the apartment buildings could be varied so that they are complementary but not all the same. Commissioner Wilson suggested that perhaps the exterior finishes could be varied, for example using different styles and colors of siding and shingles, so that the building would not appear so long and have more visual interest. The Commissioners concurred. Mr. Maddalone stated that he would be willing to explore these possibilities. PUBLIC COMMENTS Jean Churchill of 2540 Van Vranken Avenue asked if there had been a traffic study done to analyze what the effect of these new residents will be on the surrounding infrastructure. She asked if a traffic signal had been considered. Mr. Andress stated that there will be three roads to access the site and they do not believe that there will be an unreasonable increase in traffic. Pat Vorse of 132 Jay Street stated that she has concerns about modular construction of this size as she has seen evidence in the past of modular buildings having problems with leaking roofs and other structural issues. Scott Cietek of Metroplex Development Authority spoke in favor of the project, stating that this area has needed further development for many years and that the new residences will be a positive addition to the community. Geisy Shwod of Balltown Road asked why there will only be one bedroom and a limited number of two bedroom apartments, as opposed to three bedroom units that can accommodate families. Mr. Maddalone stated that market studies have shown that there is the most demand for this class of housing in the one-bedroom configuration. Reverend James Bookhout of the Bridge Church, 735 Crane Street, asked if the buildings will be on foundations or if they will be slab construction. Mr. Maddalone stated that the building will have full foundations with a four-foot crawl space beneath them. Following the closure of the public comment portion of the presentation, Counselor Ward stated that because of the need for further information regarding the site plan, such as the landscaping plan and the revised elevation designs, as well as the fact that the applicants are still in negotiations with SURA to purchase a portion of the property, it is the city staff recommendation that the item be tabled. Mr. Brick asked if the Commissioners might consider a conditional approval because his clients would like to move forward with the project as soon as possible. He 3  explained that they would be happy to work with a subcommittee on the outstanding issues. Counselor Ward responded that unfortunately the Commission has been asked by the administration not to work in subcommittees. She stated that she advises against a conditional approval, stating that she believes that the outstanding issues are major enough that they should be considered further by the Commission and staff. The Commissioners concurred. Commissioner Bonacquist stated that perhaps if the applicant were to submit the landscaping plan and revised elevation drawings and they are able to meet the other conditions discussed they might be placed on the consent agenda of a future meeting and not be required to make another full presentation to the Commission. Counselor Ward and the other Commissioners agreed that this could be an option. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Bonacquist, to table the proposal due to an incomplete application. Motion carried unanimously. B. UNION COLLEGE requests site plan approval pursuant to Section 264- 90 I of a proposal to demolish portions of the Science and Engineering Building and construct two additions, increasing the building by 22,332 square feet at 807 Union Street, tax parcel # 39.66-1-1, located in an “I” Institutional District. Due to Commissioner Lewis’s recusal, there was not a quorum of five Commissioners present and able to vote at the meeting. Counselor Ward made several attempts to reach absent members to ask them to come in for the presentation, but she was unable to do so. Therefore, the Commission was unable to hear the Union College proposal at this time. C. PAVEL N. ZAICHENKO requests site plan approval pursuant to Section 264-90 M of a proposal to operate an automobile upholstery and accessories facility at 1752 State Street, tax parcel # 60.38-2-22.1, located in a “C-5” Business District. Pavel Zaichenko presented the proposal. Mr. Zaichenko explained that he is the owner of Soft and Cushy Automobile Accessories and Upholstery at 1731 State Street, where he has operated since 2004. He stated that he has purchased this property, a former bowling alley, to rehab it and use it as an installation and storage facility. He noted that there will be no retail storefront at this location. Mr. Zaichenko stated that approximately 10000 square feet of the building will be used for installation and the rest will be for cold storage. 4  Commissioner Wilson asked Mr. Zaichenko if he planned to make any improvements to the site. Mr. Zaichenko stated that at this time he does not, as he has spent considerable money on stabilizing the building, renovating the interior, and completing asbestos abatement that was unexpected. Commissioner Wilson explained that this is the opportunity for the Commission to work with the owner to improve the site. Mr. Zaichenko stated that he believes that the site is not very visible from the street, and that he will be creating twenty jobs with this expansion of his business. Commissioner Wilson stated that he believes that a plan should be submitted for striping the parking lot, making improvements to the exterior of the building, and adding some green space to the site. The Commissioners agreed. Mr. Zaichenko stated that he does not feel that any improvements should be necessary as he does not plan to conduct any retail business at the site and he is already on a very tight budget. Commissioner Bonacquist stated that a more complete site plan should be submitted and the overgrown vegetation must be addressed. Commissioner Wilson agreed, stating that the site plan drawing should be to scale and include a landscaping and parking plan. PUBLIC COMMENTS Dave Connelly, city resident, spoke on behalf of the Ancient Order of Hibernians, whose facility is adjacent to the site. He stated that the Hibernians are in support of Mr. Zaichenko’s proposal, and that they are pleased that he has already taken significant measures to improve the building and clean up the site, which has been an eyesore for almost twenty years. Scott Cietek of Metroplex Development Authority spoke in favor of the proposal. He stated that Mr. Zaichenko has kept his property at 1731 State Street in excellent condition, and he believes that he will work with the Commission to make this property equally attractive. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Stone, to table the proposal due to an incomplete application. Motion carried unanimously. D. PARIS MICELI AND EMILY CLUTE request site plan approval pursuant to Section 264-90 M of a proposal to operate a tattoo and piercing studio at 164 Lafayette Street, tax parcel # 39.80-1-6, located in a “C-4” Downtown Commercial District. Paris Miceli and Emily Clute presented the proposal. Ms. Clute explained that their business has been in operation since 1999 on State Street and they are planning to move to this new larger location to have a much nicer, more modern space and to be able to provide their clients with more privacy. She 5  stated that their hours of operation will remain the same, 11:30 am to 9 pm, and that they plan to use the same sign that they are currently using. Commissioner Wilson noted that if in the future they wish to change the signage they will need to have the new sign reviewed by the City Planner prior to installing it. Ms. Clute noted that they have received the necessary approvals from the state Department of Health. 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 Lafayette Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. If in the future the applicants wish to make and changes to the signage they will need to return to the City Planner and if necessary the Planning Commission for review and approval of the new sign(s) prior to fabrication and installation. Motion carried unanimously. E. DOUGE CHERRY requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a furniture store at 2627 Broadway, tax parcel # 48.66-1-23, located in a “C-2” Mixed Use Commercial District. Douge Cherry presented the proposal. Mr. Cherry explained that he would like to open a used furniture store that would sell high-quality used furniture at affordable prices. He stated that he had run a previous business with a partner elsewhere in the city, but he and his partner had parted ways. Commissioner Wilson noted that there is another business operating on the site and that there are numerous outstanding code violations. Counselor Ward confirmed this. Commissioner Wilson stated that prior to any further consideration of the property he believes that the property owner and the proprietor of the other business should appear before the Commission. The Commissioners concurred. Commissioner Rush stated that this is a chronic problem with change in tenancy proposals, and he believes that the property owners should appear with the tenants so that it can be made clear who is responsible for doing what on the property. The Commissioners agreed. Counselor Ward recommended tabling the application until code violations on the site are addressed and the property owner appears before the Commission. 6  PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Rush, to table the proposal due to an incomplete application and outstanding code violations on the property. Motion carried unanimously. F. AHMED HUSSEIN requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a restaurant and convenience store at 1032 Crane Street, tax parcel # 49.55-1-8, located in a “C-2” Mixed Use Commercial District. Ahmed Hussein and his attorney Phillip Miller presented the proposal. Mr. Miller stated that he and his client are aware that this property has been a problem in the past, but that his client, who is a high school student, wishes to build a legitimate pizza restaurant and convenience store business. He explained that his client plans to run his business in an orderly manner and wants to be a positive part of the community. Mr. Miller acknowledged the property owner, who was present in the audience. Commissioner Bonacquist commented that the building needs exterior improvements. Commissioner Wilson agreed, adding that the new sign was hung without approval and thus is currently a violation. Counselor Ward asked who installed the stockade fence across the alleyway. The building owner responded that he did not, and believes that the library was responsible. Counselor Ward questioned why the library would install a fence blocking the view into the alleyway when they have made numerous complaints about illegal activities there. Commissioner Wilson commented that regardless of what type of business was being proposed for the site, there are numerous serious issues with the property which need to be addressed. PUBLIC COMMENTS Gary Hicks, tenant of an upstairs apartment in the building, spoke in favor of the business. He stated that the property is generally well-kept and that there is currently no litter or graffiti. He added that illegal activities continue in the area despite the former business having been closed for six months, and thus he concludes that the problem is not the business in the building but the lack of law enforcement in the area. Patricia Smith, President of the Mont Pleasant Neighborhood Association, spoke in opposition to the business. She stated that the area already has many 7 convenience stores and pizza restaurants, and that this property has been one of the most troublesome in the City for years, with problems with litter, loitering, drug dealing, fights, and even shootings. Ms. Smith presented a petition with approximately 35 names and 6 emails in opposition to the new business. She added that the site needs significant clean-up and maintenance before any business should be allowed to open there. Reverend James Bookhout of the Bridge Christian Church on Crane Street spoke in opposition to the business. He stated that the neighborhood has been improving in many ways, but that this location has been a consistent base of illegal activities and has been the cause of numerous daily calls to the police. Following the closure of the public comment portion of the presentation, Commissioner Lewis opened the floor for any additional comments from the Commissioners or the applicant. Mr. Miller stated that he believes that the Commissioners and the members of the public are confusing the neighborhood and the previous business on the site with the applicant, who would like a chance to operate a legitimate business on the site. Mr. Miller commented that to the best of his knowledge the property has been well-maintained and is in good repair. Counselor Ward stated that on a recent staff visit graffiti and excessive amounts of litter were evident on the site. Mr. Miller questioned who the litter belonged to. Commissioner Rush stated that while he is sensitive and sympathetic to the concerns of the neighbors he does not believe that the nature of the proposed new business is enough cause not to approve the proposal, but he does believe that there are enough significant issues with the property condition and the issue of the fence across the alley to table the application pending further action to improve the property. Counselor Ward agreed, stating that the recommendation of city staff and the Schenectady Police Department is to not approve the proposal at this time, due to the many outstanding issues that need to be addressed. She recommended that the proposal be table to allow more time for follow-up on both staff and the property owner’s part. The Commissioners concurred. Commissioner Wilson noted that he believes that the unregistered vehicle, graffiti, signage, litter, and landscaping are all issues that need to be addressed before moving forward. MOTION TO TABLE Motion by Commissioner Stone, seconded by Commissioner Rush, to table the proposal due to an incomplete application. Motion carried unanimously. 8 G. MOHAMMED JEHAN requests site plan approval pursuant to Section 264-90 M of a proposal to operate an auto sales business at 1708 State Street, tax parcel # 60.30-3-30, located in a “C-5” Business District. Mohammed Jehan presented the proposal. He explained that he is leasing the property and plans to open a used auto sales business. He stated that the site had previously been used for auto sales and he did not plan to make any major changes to the site. Mr. Jehan commented that he had spoken with City Planner Primiano who had informed him that the property was in satisfactory condition and his proposal should be approved. He stated that he plans to attach a sign to the building and eventually either cut down the pole sign to use or remove the pole. He also commented that he would like to eventually pave the rear portion of the lot for employee parking and additional car storage. Staff commented that there may be limits on how much of the lot may be paved and that Mr. Jehan would need approval from the City Planner prior to undertaking any additional paving. Commissioner Wilson asked if he plans to add any greenspace to the property. Mr. Jehan stated that he did not know that it was required. Commissioner Wilson stated that he believes that there is a buffer required between the sidewalk and the asphalt parking area, and that grass or at least planters should be added there to prohibit vehicles from driving across the sidewalk anywhere one the lot. He also noted that generally the Commission requires the parking to be striped. The Commissioners concurred and discussed why a buffer was not required by staff and whether the current car display layout could be considered grandfathered. Commissioner Rush stated that he believes that there are many outstanding issues that need to be clarified and it would be his preference to table the proposal pending the submittal f more information, including plans for landscaping, a buffer if required, where the signage will be located, and the striped parking plan. The Commissioners concurred. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Rush, to table the proposal due to an incomplete application. Motion carried unanimously. H. MARGARET VANDELINDER requests a Special Use Permit approval pursuant to Section 264-29 to allow for a home-care unit in a single- 9  family dwelling at 910 Lakewood Avenue, tax parcel # 50.30-3-26, located in an “R-1” Single Family Residential District. Margaret Vandelinder presented the proposal. She explained that she and her husband would like to create a home-care unit in their home so that her mother can live with them while maintaining a feeling of independence. She stated that she and her husband will live on the second floor of their home and her mother will live on the first floor. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Rush, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT Motion by Commissioner Rush, 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. 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. 3. Nuisance will not be more objectionable than use not requiring special use permit. 4. Use shall be served adequately by infrastructure. 5. Proposed use will not result in loss or destruction of significant features. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this zoning chapter. Motion carried unanimously. VI. OLD BUSINESS A. 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 # 49.33-4-17, located in a “C-2” Mixed Use Commercial District. Taher Mosleh presented the proposal. He explained that his uncle is retiring and he will be taking over the business from him. Counselor Ward commented that efforts had been made to correct previous code violations on the property, including removing the signs and stickers that were covering the 10  windows. Mr. Mosleh stated that he would like to install new storefront windows in the near future. Commissioner Wilson stated that prior to installing the windows or making and other changes to the storefront Mr. Mosleh should contact City Planner Primiano for approval of the changes. Mr. Mosleh and the Commissioners concurred. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Bonacquist, 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 Craig Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. The new storefront windows and any other changes to the façade design will be submitted to the City Planner for final approval prior to making any changes. 4. The applicant will provide a trash can in front of the store and will keep the area free from litter and debris. 5. No more than 20% of the windowpanes may be covered with signs at any time. Motion carried unanimously. B. 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. Mr. Ahmad stated that he has made significant improvements to the property since his last appearance before the Commission. Counselor Ward verified this. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Bonacquist, seconded by Commissioner Rush, 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 Albany Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 11  3. The applicant will provide a trash can in front of the store and will keep the area free from litter and debris. 4. No more than 20% of the windowpanes may be covered with signs at any time. Motion carried unanimously. VII. MISCELLANEOUS None. IX. MOTION TO ADJOURN Motion by Commissioner Stone, seconded by Commissioner Wilson, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 9:38 p.m. 12