Planning Commission

City of Schenectady Planning Commission Meeting Minutes February 21, 2018 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:34 p.m. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Ryan P. Bailey; Randall Beach; Richard Ferro; Andrew Healey; Beau Melita; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner; Rachael Ward, Deputy Corporation Counsel EXCUSED: Bradley Lewis, Vice Chair; Julia Stone III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Healey, to accept the Minutes of the January 17, 2017 meeting as submitted. Motion carried unanimously. V. NEW BUSINESS A. PETER DELLA RATTA & AMAE MARTIN request a Special Use Permit pursuant to Section 264 Schedule A of a proposal to operate a massage therapy and beauty services office at 1551 Union Street, tax parcel # 50.22-3-16, located in an "R-2" Two Family Residential District. Peter Della Ratta and Amae Martin presented the proposal. Ms. Martin explained that she has been a hair stylist for many years, most recently operating from a rented space at 1703 Union Street. She stated that she recently became a licensed massage therapist to better serve her aging clientele, but her current space does not lend itself to setting up a massage area. She stated that while the new space is approximately the same size, it can be configured to better serve the needs of her business. Ms. Martin noted that she is a sole proprietor and will be the only one working in the first-floor space, while the second-floor apartment will be renovated for her elderly grandmother, who she helps care for. Mr. Della Ratta stated that they plan to tear out some of the overgrown landscaping, while preserving what they can and planting new where necessary. He explained that they would like to put a monument sign on the front lawn. Commissioner Bailey asked where the sign will be located. Mr. Della Ratta stated that they had planned to put it on the right side of the front yard, but they would be willing to put it on the left side if the Commission preferred. City Planner Primiano stated that because of the proximity to the corner and the required setbacks she believes that it would be a better idea to put the sign on the left side. Commissioner Bailey asked which of the three submitted sign designs they plan to use. Ms. Martin stated that she had a new proposal with a slightly altered design which would incorporate some flowers around the text. Ms. Primiano stated that more creative signs are encouraged, and that the applicants must submit the final design to her for approval prior to purchase or installation of the sign. Commissioner Wallinger suggested that the applicants plant one or two small flowering trees to buffer the view of the large area of asphalt by the alley. Mr. Della Ratta stated that they would be happy to do so, and that he would work with Ms. Primiano on approval of a final landscaping plan. Ms. Primiano asked Ms. Martin how many clients she sees per day. Ms. Martin stated that she sees two to four clients a day, with approximately two hours scheduled for each appointment. She noted that she only works part- time. Ms. Primiano stated that she does not believe that the business will have any impact on the neighboring properties, since it will have such a low volume of clients coming and going. The Commissioners agreed. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Healey, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT Motion by Commissioner Healey, 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. 2  6. The proposed building or use does comply with all additional requirements imposed on it by the provisions of this zoning chapter. and conditions: 1. Installation of the proposed sign must comply with City regulations for height and sign and setback location. The final sign design and location will be submitted to the City Planner for approval prior to the purchase or installation of the sign. 2. All exterior changes to the building will be submitted to City staff for review and approval for compliance with the Upper Union Street Design Guidelines prior to starting the work. 3. All proposed landscaping will be completed by July 1, 2018. The final landscaping plan will be approved by the City Planner before the work is completed. Motion carried unanimously. B. ELIZABETH JONES-BARNES requests a Special Use Permit pursuant to Section 264 Schedule B of a proposal to operate a dog daycare and indoor park at 1343 Albany Street, tax parcel # 49.67-4-18, located in a "C-2" Mixed Use Commercial District. Elizabeth Jones-Barnes presented the proposal. Ms. Jones-Barnes explained that she believes that there is a great need for a business of this type in the area. She stated that many people in the surrounding neighborhood have told her that they have nowhere to take their dogs for exercise, especially in the colder months, or for boarding and care. She added that the building will also have a therapy pool for dogs, which will be the only pool of its kind in the City. Ms. Jones-Barnes stated that she is a social worker and will have volunteers on the site who are veterans and/or disabled. Commissioner Wallinger asked if she will be offering dog walking and daycare services, as well as boarding and therapy, and if these services will be offered on a membership basis. Ms. Jones-Barnes stated that they will be. She stated that she is currently working on rehabbing the interior and exterior of the building and hopes to be open within six months to a year. Commissioner Bailey asked how many boarding kennels there will be. Ms. Jones-Barnes replied that she plans to have ten. City Planner Primiano noted that the two lots must be consolidated. Ms. Jones-Barnes stated that she plans to do so. Commissioner Wallinger stated that she would like to see four street trees added to the Albany Street side of the site, as well as two street trees added to the Robinson Street side if the City Engineering Department gives their approval. Ms. Primiano asked if Ms. Jones-Barnes had spoken with any of the neighbors about her business. Ms. 3 Jones-Barnes replied that she has talked to the owners of Au Miller’s Pharmacy and the school principal at Lincoln and they both have no objection to the business. Ms. Primiano stated that the complaints the City generally hears regarding boarding facilities are noise issues. Ms. Jones-Barnes stated that the building will be soundproof. Commissioner Wilson asked if Ms. Jones-Barnes has decided on exterior colors for the building. Ms. Jones-Barnes replied that she would like the body of the building to be lavender, with white trim. Ms. Primiano noted that a mid-tone lavender, as opposed to a very light shade, will be easier to keep clean. She asked Ms. Jones-Barnes if she intends to continue the privacy fence along the edge of the site. Ms. Jones-Barnes stated that she does. PUBLIC COMMENTS Domanni Farley, resident of Schenectady, spoke in favor of the proposal. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Melita, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT Motion by Commissioner Ferro, 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 does comply with all additional requirements imposed on it by the provisions of this zoning chapter. and conditions: 1. All exterior improvements must be completed prior to the opening of the business. 2. A final landscaping plan will be submitted to City staff for approval prior to installation. 3. All proposed landscaping will be completed prior to the opening of the business. 4  Motion carried unanimously. C. VISHNU PERSAUD requests site plan approval pursuant to Section 264- 90 A and B of a proposal to operate a church at 2112 Watt Street, tax parcel # 59.27-1-4, located in an "R-1" Single Family Residential District. Vishnu Persaud and his architect Frank Gilmore presented the proposal. Mr. Gilmore explained that Mr. Vishnu is a Hindu priest who leads a small congregation, which has worshipped in a building on Becker Street for many years. He stated that they were renting that location and have purchased this building. Mr. Gilmore explained that it is a small building with approximately 1000 square feet for the gathering space and two handicap accessible bathrooms; he noted that there will only be room for 56 seats in the worship area. Mr. Gilmore reviewed the site plan, showing that the entrance to the building will be moved to the side, adjacent to where the 25-space parking area will be. He stated that because many of the parishioners are older they would like the parking lot to be close to the door, and they have reconfigured the parking to meet the necessary setback requirements. Commissioner Wallinger asked if the front door will be removed or just not used. Mr. Gilmore responded that the design has not been finalized yet, but because the front porch area will now serve as the stage the front door will not be used at all. City Planner Primiano suggested that there should be some sort of presence facing Watt Street, and perhaps they might consider a stained- glass window or other sort of decorative element where the door was. Mr. Gilmore agreed. Commissioner Wallinger stated that she is concerned with the amount of parking. Ms. Primiano stated that only six spaces are required. Mr. Gilmore stated that they had considered a green parking area, which appears to be grass but is a durable, pervious surface. Ms. Primiano stated that the green parking is allowed in the Code, but that they would need to get the approval of the City Engineer. Commissioner Wallinger agreed that she supports the idea of the green lot but added that the handicap space may need to be paved. Mr. Gilmore stated that there is currently enough paved surface to accommodate the handicap spot and noted that where it is shown on the site plan is already paved. Commissioner Wallinger stated that they should consider how much parking they will need and consult with the Engineering Department as they are formulating the final parking design. She noted that the parking should be screened from Watt Street with landscaping. PUBLIC COMMENTS Leland Montayne, owner and resident of the property across the street from the site, spoke in opposition to the proposal, stating that he believes that the property should remain a private residence. He stated that contrary to Mr. Gilmore’s statement that the street is a very quiet one, it is in fact very busy with a large amount of traffic traveling over the speed limit. He stated that he 5  has had problems with garbage constantly being dumped on the vacant lot that he owns next to his home, and that he has plowed Harvard Street for many years because City plows do not maintain it. Mr. Montayne noted that he has complained many times to various City departments about these issues and has received no response. He added that he is concerned about the increased traffic to the site if it is to become a church. City Planner Primiano noted that the church is an allowed use for this property, and thus it is not within the power of the Commission to say that it cannot be located there. She took Mr. Montayne’s contact information so that she may assist him with the other issues he is having. Ms. Primiano asked Mr. Persaud how long services are. Mr. Persaud replied that they are generally 1 to 1 ½ hours long, once a week. He added that they have been at there current location for five years and have had no complaints from the neighbors, who are closer than any of the neighbors will be on Watt Street. He stated that the congregation wants to be a good neighbor and will not be disruptive to the area. Ms. Primiano asked if any special events will be held at the church. Mr. Persaud stated that any special events are held at the Hindu Temple on Pleasant Street. Commissioner Wallinger asked if they plan to have a sign. Mr. Gilmore stated that they do, and that they will return with a sign proposal when they come back before the Commission with their final site plan. Ms. Primiano stated that the sign can be 6 square feet. Commissioner Wallinger stated that the landscaping plan should include street trees along Watt Street. Mr. Gilmore agreed, stating that they will present the final landscaping plan when they return. MOTION TO TABLE Motion by Commissioner Melita, seconded by Commissioner Wilson, to table the proposal due to an incomplete application. Motion carried unanimously. D. STACY GALINDO requests site plan approval pursuant to Section 264- 90 K of a proposal to operate a motor vehicle sales business at 1416 Broadway, tax parcel # 49.37-3-2, located in an "M-1" Light Manufacturing and Warehouse District. Stacey Galindo and David Bovia presented the proposal. Ms. Galindo stated that she would like to operate a used car sales business at the site. She explained that they had already started renovations on the building and had installed a new roof. City Planner Primiano stated that she had discussed with the applicants the need for a landscaped buffer between the sidewalk and the car display area, which they are amenable to installing. 6 Commissioner Wallinger stated that the area to the left of the entrance is also in need of considerable landscaping. Mr. Bovia stated that they would like to reduce the size of the stairs and add a large raised bed to that area. Ms. Primiano asked if the car sales will be the only business at the site. Mr. Bovia stated that it will be, but that they had considered adding apartments to the second floor. Ms. Primiano stated that residences are not allowed in and “M-1” district, and that the property is too close to the adult bookstore. Commissioner Wallinger asked if they knew the dimensions of the raised bed, as she would like it to contain a street tree if possible. Mr. Bovia stated that they hadn’t decided on the exact design yet. Commissioner Wallinger stated that she would be willing to allow the applicants to work with Ms. Primiano on the exact dimensions and location of the planter and allow her to grant approval of the final design. The Commissioners agreed. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Bailey, seconded by Commissioner Ferro, to accept the Negative Declaration. Motion carried unanimously. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Wilson, to accept the proposal with the following conditions: 1. The address shall remain prominently displayed so that it is easily visible from Broadway. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The four-foot grass buffer between the sidewalk and vehicles on display at the front of the property, along with one street tree as shown on the site plan, will be installed by July 1, 2018. 4. The applicant will work with the City Planner to finalize the design of the raised planting bed to be installed to the left of the front door. The planter will include, but is not limited to, one small flowering tree. The landscaping will be approved by the City Planner and installed by July 1, 2018. 5. The proposed signs are approved as submitted. 6. Pursuant to Section 264-62 D. Prohibited Signs: Pennants, flags, streamers, tinsel, balloons, strings of lights on commercial properties or fluttering devices are not permitted except as part of a grand opening, not to exceed 30 days. 7  Motion carried unanimously. E. MARTEL MANAGEMENT LLC requests site plan approval pursuant to Section 264-90 G of a proposal to renovate the building at 1701 Union Street, tax parcel # 50.31-3-27, located in a "C-2" Mixed Use Commercial District. Bruce Martel presented the proposal. Mr. Martel stated that he would like to renovate the building and add awnings. City Planner Primiano stated that the proposed awnings are not allowed under the Upper Union Street Design Guidelines and suggested that Mr. Martel review the guidelines when revising his proposal. She added that the proposed sign does not comply with the City’s Sign Ordinance. Ms. Primiano stated that there is an existing zoning violation on the property due to non- compliance with the prior conditional site plan approval issued on December 16, 2015. She explained that there is a container at the rear of the building which was supposed to be removed, and an illegally parked FedEx truck that has been permanently parked in front of the container. Mr. Martel stated that the truck is his and he allows the beer store owner to store his empty bottle returns in it. Ms. Primiano stated that it is illegally parked there, and the property cannot be considered by the Commission until it is brought into compliance with the previous site plan approval. The Commissioners agreed. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Melita, to table the proposal due to an incomplete application and an existing zoning violation on the property. Motion carried unanimously. VI. MISCELLANEOUS City Planner Primiano informed the Commissioners that she and Commissioner Wallinger are scheduled to speak at the Stockade Neighborhood Association meeting on Thursday, March 15, at 7 p.m. at St. George’s Church. They will discuss the proposed changes to the downtown parking requirement for residential units and a buffer zone for certain areas which abut heavily residential areas with limited parking. VII. MOTION TO ADJOURN Motion by Commissioner Healey, seconded by Commissioner Wilson, to adjourn the meeting. 8 Motion carried unanimously. Meeting was adjourned at 7:58 p.m. 9