Planning Commission

City of Schenectady Planning Commission Meeting Minutes May 17, 2017 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:36 p.m. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Ryan P. Bailey; Randall Beach; Kristin Diotte; Christopher Rush; Julia Stone; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner EXCUSED: Marc Thompson; Rachael Ward, Deputy Corporation Counsel Commissioner Wallinger welcomed the new Commissioners, Commissioner Bailey and Commissioner Diotte, both of whom were attending their first meeting. She also noted that this would be the last meeting for Commissioner Rush, who is retiring after fourteen years on the Commission. The Commissioners joined her in thanking Commissioner Rush for his dedicated service and wishing him all the best in the future. III. CONFLICT OF INTEREST CHECK Commissioner Diotte stated that she would be abstaining from New Business Item G, the Christopher Malazia proposal, because she does consulting work with the architectural firm that is working on the project. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Wilson, to accept the Minutes of the April 19, 2017 meeting as submitted. Motion carried unanimously. V. CONSENT AGENDA - NEW BUSINESS Prior to the consideration of the Consent Agenda, Commissioner Wallinger asked the applicants for these items to identify themselves and to confirm that they had received and understood the staff report on their property. The report explains any recommended conditions to the approval of their application. She asked the applicants if they had any objection to the proposed conditions; none voiced any concerns. A. GE POWER requests site plan approval pursuant to Section 264-90 I of a proposal to construct two additions, one 8,000 square feet and one 2,700 square feet, to the existing building 66, 1 River Road, tax parcel # 49.29- 1-1, located in an “M-2” Manufacturing and Warehousing District. Representatives from GE appeared before the Commission.  PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Lewis, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Stone, to accept the proposal with the following conditions: 1. Pursuant to Chapter 157 of the City Code, two area variances are required prior to the issuance of a building permit for the additions because the property is located in the flood plain. 2. Any changes to the proposal require planning review and may require an amended site plan approval. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. Commissioner Bailey explained that he has chosen not to vote on this meeting’s agenda as he has not had time to thoroughly review the applications and the approval process since he has just joined the Commission. He stated that he had discussed this with Commissioner Wallinger and had received her consent. B. PATRICIA A. CIVITELLO requests site plan approval pursuant to Section 264-90 F and G of a proposal to construct a 9-unit apartment building at 2452 Albany Street, tax parcel # 60.29-1-2, located in a “C-5” Business District. Anthony Civitello, representing Patricia Civitello, appeared before the Commission. City Planner Primiano reported in her staff noted that this proposal was issued site plan approval as a phased project in 2012. At that time, the site plan included three 4-story apartment buildings. The plans have since been revised. There will be two buildings, the one that is currently under construction, and possibly a future building at the rear of the site. This approval serves to accurately amend the site plan approval issued in January 2012. 2  PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Lewis, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Stone, to accept the proposal with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Albany Street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. A landscaping and lighting plan will be submitted to the City Planner for approval prior to the issuance of a Certificate of Occupancy. The landscaping plan will include the re-installation of grass at the entrance to the site. The auto sales business removed the grass. A minimum of 2 street trees will also be included at the front of the property. Grass, landscaping, and recreation space will be included at the interior of the site. 4. The existing building permit must be updated by providing an additional drawing that shows the changes to the project. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. C. LEE BODOFSKY requests site plan approval pursuant to Section 264-90 M of a proposal to operate a sandwich shop at 18 Jay Street, tax parcel # 39.64-3-15, located in a “C-4” Downtown Commercial District. Lee Bodofsky appeared before the Commission. Commissioner Wallinger asked Mr. Bodofsky what colors he plans to paint the building. Mr. Bodofsky stated that he would like the body of the building to be gray with white trim and black accents, as shown in the color swatches submitted with the application. Commissioner Wallinger asked if he would be willing to paint the area around the fake brick a similar color so that it would better blend in with the rest of the façade. Mr. Bodofsky stated that he would prefer to remove the fake brick with the Commissioners’ approval. The Commissioners agreed that this would be the best course of action to take. 3  PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Stone, to accept the proposal with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Jay Street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. All peeling and chipping paint will be repaired and repainted by October 1, 2017. 4. If an exterior sign is planned in the future, the applicant will return to the Planning Department for approval prior to purchase of the sign. 5. The business requires a Certificate of Use license issued by Code Enforcement prior to opening. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. D. MATTHEW TOUKATLY requests site plan approval pursuant to Section 264-90 M of a proposal to operate an appliance repair facility at 1228 Albany Street, tax parcel # 49.59-1-13.1, located in a “C-5” Business District. Matthew Toukatly or his representative was not present at the meeting. Therefore, the proposal was not considered. VI. NEW BUSINESS - continued A. LIONEL HETNARINE requests site plan approval pursuant to Section 264-90 M of a proposal to operate a contractor’s office and showroom at 1335 Crane Street, tax parcel # 49.71-4-22.1, located in a “C-2” Mixed Use Commercial District. Lionel Hetnarine presented the proposal. He explained that he plans to use the building for an office and showroom for his contracting business. Commissioner Wallinger stated that she had asked that this item be removed from the Consent Agenda so that the Commissioners could review the landscaping requirements with Mr. Hetnarine. She briefly went over the conditions for approval recommended by City Planner Primiano and asked Mr. Hetnarine if he had any objections. Mr. Hetnarine stated that he did not and agreed that he would submit a plan for the proposed changes to the Ms. Primiano and install the landscaping by July1, 2017. 4  Ms. Primiano also noted that the awning may not be internally lit. Mr. Hetnarine stated that he understood. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Wilson, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Carne Street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. Internally illuminated plastic awnings are not permitted in the residential district. Awnings must be constructed of a canvas material and writing must be located on the vertical portion of the awning. 4. No construction materials can be stored on the property at any time. 5. Landscaping must be added to the front of the property. The asphalt in front of the building will be removed and replaced with grass. Also, pavement will be removed on the western side of the parking lot to allow for a planting area. The planting area will include one street tree and some low growing shrubbery. Another street tree will be planted on the opposite side of the driveway. The proposed fence will be a decorative fence, and not chain link. The landscaping plan will be approved by the City Planner and installed by July 1, 2017. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. B. ELVIN SINGH requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a mini shopping center at 113 South Brandywine Avenue, tax parcel # 49.50-5-31.1, located in a “C-2” Mixed Use Commercial District. Elvin Singh presented the proposal. He explained that he plans to open a women’s clothing store, called “Bombshell”, as well as several other stores on the site, which would potentially sell men’s and children’s clothing and appliances. Mr. Singh stated that he is not certain at this time whether the stores will be separate entities in a mini-shopping mall setting, or one large department store. Commissioner Wallinger asked what work Mr. Singh plans for the exterior of the building. Mr. Singh responded that he plans to paint the exterior, fix the awning, and add landscaping. He stated that he knows that the building needs 5 work and he is willing to do it. Commissioner Wallinger noted that the O’Dell Street sidewalk has been paved over. Mr. Singh stated that he plans to restore it to concrete. Commissioner Wallinger stated that this is a very prominent corner building and that while the ideas that Mr. Singh has communicated sound very good the Commission needs to see a written plan explaining exactly what the applicant plans to do on the site. Commissioner Wallinger asked the Commissioners if they would be amenable to granting a conditional site plan approval so that Mr. Singh could continue to move forward with his work on the interior of the building, but require that he return to the June meeting with a written plan. Commissioner Wilson agreed that he believes that the Commissioners need to see a professionally prepared plan. Mr. Singh stated that he plans to paint the building light gray with mustard trim, and that he would also like to put up a fence and restripe the parking area. Commissioner Wallinger stated that she believes this would be difficult to approve without a written plan. The Commissioners agreed. City Planner Primiano suggested that if the Commissioners agreed they could approve the Bombshell sign and allow Mr. Singh to move forward towards opening that store and then require that he return next month with specific written plans for the other items discussed. The Commissioners concurred. Commissioner Wallinger stated that she agrees with Commissioner Wilson that professionally prepared plans would be the best option. Commissioner Wilson also noted that if a dumpster is planned it must be enclosed and locked. Mr. Singh stated that he will be temporarily using roll-out cans, but that he will include a dumpster in the plans if one turns out to be needed. 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 displayed so that it is prominently visible from South Brandywine Avenue. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. The signage for the Bombshell portion of the business is approved as submitted. 4. The applicant will return to the Planning Commission at the June 2017 meeting for review and approval of the landscaping and lighting plans, proposed parking lot and sidewalk work, dumpster enclosure, and proposed exterior colors. The applicant will submit these plans to the City Planner prior to the meeting so that they may be disseminated to the Commissioners for their consideration. 6  Motion carried unanimously, with Commissioner Bailey abstaining from the vote. C. CAPITAL REGION GAMING, LLC requests final sign approval pursuant to Section 264-89 for the casino hotel at 1 Rush Street in Mohawk Harbor, tax parcel # 39.49-2-1.311, located in a “C-3” Waterfront Mixed Use District. Mike Levin of DMA Associates presented the proposal. Mr. Levin stated that the hotel signage had been previously approved conceptually for 1100 square feet. He explained that now that the name of the hotel has been secured and the space analyzed again it has become apparent that the new sign package will encompass only 228 square feet. He reviewed the original and new signage packages as well as elevation drawings. PUBLIC COMMENTS None. SIGN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Stone, to accept the proposal as submitted. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. D. PATRICK POPOLIZIO requests a recommendation to the City Council to change the zoning at 1903 Maxon Road, tax parcel #’s 39.26-1-1.12 and 9, located in an “M-1” Light Manufacturing District and an “M-2” Warehousing and Manufacturing District to the “C-3” Waterfront Mixed Use District. Joe Bianchine, of ABD Engineers and Surveyors, and Pat Popolizio presented the proposal. Mr. Bianchine explained that Mr. Popolizio is asking for a recommendation to the City Council to rezone the lands he owns along the Mohawk River and Maxon Road from Light Manufacturing to Waterfront Mixed Use. Mr. Popolizio stated that he would like to begin residential and limited retail development on these properties, which he has owned for some time. Commissioner Wallinger stated that she believes that Mr. Popolizio is a very conscientious developer and business owner and she is certain that he will also do a great job with this project, but she believes that at this time the City should briefly pause and look toward a comprehensive plan for all of the zoning along the waterfront and Erie Boulevard and Maxon Road. Mr. 7  Popolizio stated that he only plans to improve the area and does not wish to encounter the long delays that a potential study could require. City Planner Primiano stated that she would recommend a comprehensive review by a Committee consisting of some Commissioners, staff, and other interested parties, and would emphasize that the period of review should take no longer than sixty days if possible. The Commissioners were amenable to this. Commissioners Wallinger, Beach. Diotte, and Lewis stated that they would be willing to be a part of the committee. PUBLIC COMMENTS Andy Brick, attorney representing Maxon Also Holding LLCC, spoke regarding his client’s opinion that the City should conduct a comprehensive review of the Erie Boulevard and Maxon Road corridors prior to making any decisions regarding zoning changes. He stated that his client does not object to further development along the waterfront but feels that it should move forward in a thoughtful manner both to protect their interests, the City and its residents, and the natural resources. Commissioner Wallinger noted that a letter was entered into the record from Michael Horan, the Attorney for Immitech located on Maxon Road extension. The letter stated that while they support Mr. Popolizio’s proposal for development they have concerns regarding how rezoning might affect their ability to do business in this location. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Stone, to table the proposal to allow time to review the Erie Boulevard and Maxon Road corridors. This review will include meetings with stakeholders, business owners, residents in the surrounding neighborhoods, City staff, and Planning Commissioners with the goal of providing recommendations to the Planning Commission for changes, if any, to the existing zoning uses and districts for this redeveloping area of the City. Motion carried unanimously, with Commissioner Bailey abstaining from the vote. E. CROSSTOWN PLAZA SC, LLC requests a Special Use Permit and final site plan approval pursuant to Sections 264-61 and 90 G of a proposal to install and electronic message board on a newly renovated pylon sign and upgrades to the building and grounds of the plaza located at 2330 Watt Street, tax parcel # 59.36-1-19.111, located in a “C-5” Business District. Joshua O’Connor of Bohler Engineering and Bridget Shoemaker of AJ Signs presented the proposal. Mr. O’Connor explained that he had been before the Commission last month and received conditional approval for his client with 8 the requirement that they return this month with detailed landscaping plans and the new sign proposal. Mr. O’Connor distributed and reviewed the landscaping plan, which he apologized for not submitting earlier but explained that he had just received the completed survey of the property the morning of the meeting. He noted that his client plans more changes to the frontage along Route 7 but that proposal will come at a later date. Commissioner Wallinger stated that she appreciated the islands in the parking area and suggested that the applicants might consider taller shade trees as opposed to smaller ornamentals. Mr. O’Connor stated that they would. Mr. O’Connor also reviewed the elevation drawings and building materials. Bridget Shoemaker of AJ Signs next reviewed the sign. The LED board was discussed, with the emphasis on restricting the advertisements on the message board to on-site tenants. There was also some discussion as to whether specific products and services might be mentioned on the sign. Commissioner Stone stated that she is opposed to electronic message board signs. City Planner Primiano noted that the pylon sign is already grandfathered and has all necessary variances in place, so the Commission is reviewing only the electronic message board portion of the sign. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Rush, to accept the Negative Declaration. Motion carried, with Commissioner Stone opposed and Commissioner Bailey abstaining from the vote. SPECIAL USE PERMIT Motion by Commissioner Lewis, seconded by Commissioner Wilson, to approve the Special Use Permit with the following findings (staff comments are italicized): 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. The large pylon sign is existing and it is located along a heavily traveled 4-lane road. 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. All properties immediately adjacent to the site are large commercial properties that generate a lot of traffic. 3. Nuisance will not be more objectionable than use not requiring special use permit. This is an addition to an existing, large sign that already has area variances for the height and square footage. 9  4. Use shall be served adequately by infrastructure. This will not have an impact on the infrastructure. 5. Proposed use will not result in loss or destruction of significant features. No loss or destruction of significant features have been identified. 6. The proposed building or use does not comply with all additional requirements imposed on it by the provisions of this zoning chapter. Area variances have been in place for several years for the height and size of the sign. This permit only relates to the message board and does not impact existing variances. Motion carried, with Commissioner Stone opposed and Commissioner Bailey abstaining. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Lewis, to accept the proposal with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Watt Street and Route 7. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. All final site plans, including the landscaping plan and building material specific, will be submitted to the City Planner prior to the completion of the work. 4. If in the future changes to the approved plans become necessary the applicants will return to the City Planner, and the Planning Commission if deemed necessary, for further review and approval. 5. The LED sign may only advertise on premise businesses and tenants. 6. The LED sign will remain static for at least 8 seconds before changing. Motion carried, with Commissioner Stone opposed and Commissioner Bailey abstaining from the vote. F. O’REILLY AUTOMOTIVE ENTERPRISES, LLC requests an informal review of the proposed site plan to construct a new store at 1727 State Street, tax parcel # 60.30-1-31, located in a “C-5” Business and an “R-1” Single Family Residential District. Joshua O’Connor of Bohler Engineering presented the proposal. He explained that the O’Reilly business model is to open a large hub store where there will be considerable warehouse space (there is one currently proposed in the Village of Colonie) and then open smaller retail outlets in close proximity. He reviewed the proposed site plan and design of the store. City Planner Primiano noted that there must be an entrance on the State Street side of the building, or at the front corner, and that EFIS is not allowed on the first floor. 10  She also commented that the sign needs to be moved slightly or it will require a variance. The Commissioners briefly discussed the plan, emphasizing that there should be an entrance on the State Street side. Mr. O’Connor stated that he will take these concerns back to the applicant. G. CHRISTOPHER MALIZIA requests site plan approval pursuant to Section 264-90 M of a proposal to renovate the building at 183 Nott Terrace, tax parcel # 39.81-2-6.1, located in a “C-4” Downtown Commercial District. Christopher and David Malazia, representing Malazia Development, presented the proposal. Mr. Christopher Malazia stated that they are planning to rehab the building and offer it for lease for a restaurant or retail or office space. Commissioner Wallinger asked what is planned for the large slope that has been cleared of brush. Mr. David Malazia stated that they plan to cover it with riprap. Commissioner Wallinger stated that riprap is not acceptable for such a visible area and that plantings should be proposed. The commissioners discussed the proposal and concluded that the applicants could be granted conditional approval and required to return next month with more information regarding the landscaping, exterior materials, and parking configuration. PUBLIC COMMENTS Scott Cietek of Metroplex Development Authority spoke in favor of the project, stating that the applicants have a very good record of accomplishment with rehabilitating residential properties, and that while this is their first commercial project he is certain that they will demonstrate the same attention to quality and detail. He noted that they have contracted with Re4orm Architecture, a well-known firm in the City, and that he is confident that the resulting building design will be very attractive. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Wilson, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Nott Terrace. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. The applicants are permitted to proceed with interior work on the building, but must submit for review at the June Planning Commission meeting a detailed plan for the landscaping and parking lot, as well as design details and materials for the proposed exterior work. The plans should include elevation drawings and material samples. 11  Motion carried unanimously, with Commissioners Bailey and Diotte abstaining. VII. OLD BUSINESS None. VIII. MISCELLANEOUS None. IX. MOTION TO ADJOURN Motion by Commissioner Rush, seconded by Commissioner Wilson, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 9:25 p.m. 12