Planning Commission

City of Schenectady Planning Commission Meeting Minutes March 21, 2018 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:35 p.m. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Ryan P. Bailey; Randall Beach; Richard Ferro; Andrew Healey; Jason Bogdanowicz- Wilson; Christine Primiano, Principal Planner; Rachael Ward, Deputy Corporation Counsel EXCUSED: Beau Melita; Julia Stone III. CONFLICT OF INTEREST CHECK Commissioner Healey recused himself from the discussion and voting on New Business Item A, the David Fusco application. Commissioner Beach recused himself from the discussion and voting on new Business Item B, The Highbridge Broadway LLC application. Commissioner Wallinger recused herself from the discussion and voting on Items C and D, the two applications from The Community Builders. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Bailey, seconded by Commissioner Healey, to accept the Minutes of the February 21, 2018 meeting as submitted. Motion carried, with Commissioner Beach absent for the vote. V. NEW BUSINESS – CONSENT AGENDA A. 432 FRANKLIN STREET PROPERTIES LLC request site plan approval pursuant to Section 264-90 F of a proposal to convert an existing 2-story office building into 6 residential units at 432 Franklin Street, tax parcel # 39.72-4-46, located in a "C-4" Downtown Commercial District. John Samatulski appeared before the Commission. Mr. Samatulski commented that he does not plan to use a dumpster for trash storage, but rather roll-out cans that will be stored inside and brought to the curb on trash collection days. Commissioner Wallinger asked if he plans to replace the existing landscaping. Mr. Samatulski stated that he plans to widen the landscaping bed in front of the building and plant new shrubs that will be the same height as the existing ones are.  PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Ferro, seconded by Commissioner Bailey, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Beach absent for the vote. SITE PLAN APPROVAL Motion by Commissioner Bailey, 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 Franklin Street. 2. The windows on the side of the building will be replaced to comply with the Building Code. The applicant will submit the specifications of the windows to the City Planner for final approval prior to installation of the windows. The metal grills currently on the windows will not be replaced, as they pose a fire safety issue. 3. The proposed awning requires a revocable permit issued by the Engineering Department prior to installation. 4. The evergreen shrubbery will be replaced in kind at the front of the building and a small flowering tree will be added in front of the building prior to October 1, 2018. 5. All garbage will be properly stored either in an enclosed dumpster, at the rear of the building out of public view, or inside of the building in roll-out cans. Motion carried unanimously, with Commissioner Beach absent from the vote. B. TIFFANY BISHUNATH requests a site plan approval pursuant to Section 264-90 M of a proposal to operate a West Indian restaurant at 1331 State Street, tax parcel # 49.60-2-48, located in a "C-2" Mixed Use Commercial District. Tiffany Bishunath appeared before the Commission. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Bailey, 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 State Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The size of the proposed sign exceeds the maximum allowable for the property and needs to be reduced. The maximum allowable size is 33 square feet and the proposed is approximately 54.75 square feet. The applicant will revise the sign proposal and submit it to the City Planner for final approval prior to purchase and fabrication of the sign. 4. The business requires a Certificate of Use permit to operate. 5. All garbage will be stored on the interior of the building because there is no outdoor location provided. 6. The applicants will install and maintain potted plants and greenery throughout the year and incorporate the green space within any future planned outdoor seating spaces. Plantings require approval by the City Planner prior to installation. Motion carried unanimously, with Commissioner Beach absent from the vote. 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 appeared before the Commission. The applicant had appeared before the Commission at the February 2018 meeting and the proposal had been tabled due to an incomplete application. City Planner Primiano stated that Mr. Persaud had submitted the additional information that the Commissioners had requested, and she believes that the application is now complete. The Commissioners agreed. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Bailey, 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. 2. Metal roll gates and iron bars will not be placed on any doors or windows at any time in the future.  3. The driveway will have a proper curb cut and be paved up to and around the handicap ramp and parking. All other areas will either be crushed stone or permeable pavement as shown on the site plan. 4. The front door will be removed and in its place a window and matching siding will be installed. The final front elevation must be approved by the City Planner prior to the issuance of building permits. 5. A public assembly permit and occupancy limit are required by the Building Department prior to occupancy and services. Motion carried unanimously, with Commissioner Beach absent from the vote. VI. EXECUTIVE SESSION Motion by Commissioner Bailey, seconded by Commissioner Lewis, to go into Executive Session to discuss a pending legal matter. Motion carried unanimously, with Commissioner Healey abstaining. Motion by Commissioner Ferro, seconded by Commissioner Wilson, to end the Executive Session. Motion carried unanimously, with Commissioner Healey abstaining. VII. NEW BUSINESS – CONTINUED A. DAVID FUSCO requests revised site plan approval of a proposal to construct a 52 unit, 4-story apartment building at 1419 Erie Boulevard, tax parcel #’s 39.56-3-19.1, 20, and 21 located in a "C-2" Mixed Use Commercial District, “C-3” Waterfront Mixed Use Commercial District, “C-4” Downtown Commercial District, and an “R-3” Multi-Family Residential District. Luigi Palleschi of ABD Engineers and Surveyors and Mary Beth Slevin, attorney for the applicant, presented the proposal. Mr. Palleschi explained that the applicant had applied for revised site plan approval in November 2017 and the application was denied. He stated that they have returned with another application seeking relief from the same issue that was discussed in November. Mr. Palleschi explained that the modifications to Erie Boulevard made by the City have limited access to the site by large trucks, thus making it necessary to modify the driveway on the Front Street side of the property. He stated that the islands were added to Erie Boulevard after the initial site plan approval for the project, which stated that there would be an entrance and exit onto Erie Boulevard and only a right-turn exit onto Front Street. He explained that in November they had sought a revision allowing traffic to exit and enter the site from Front Street (which was denied), but they have presently modified that proposal and are seeking permission to have traffic enter the site from both directions on Front Street but exit by turning right only onto Front. Mr. Palleschi stated that they believe that the entrance on Front Street is the only way tractor-trailers will be able to enter the site. He noted that Mr. Fusco is willing to add provisions to his leases that encourage tenants to use the Erie Boulevard entrance and exit whenever possible and to install signage on the site explaining the entrance and exit restrictions, and that most likely a maximum of two large trucks a week would be accessing the site. He explained that without modifications to the site plan large moving trucks, garbage trucks, and service vehicles will be unable to access the site. Mr. Palleschi stated that his client is sensitive to the concerns about increased traffic on Front Street but feels that he has been compelled to seek revisions to the approved site plan because of work done by the City. Mr. Palleschi showed three different videos shot from overhead that depicted a large tractor trailer being unable to enter the site from either the left or right southbound lane on Erie Boulevard, and entering the site from Front Street. He stated that no matter how wide he swung the turn, the truck could not turn in off Erie because of the proximity of the new light pole to the entrance. He noted that in the third video scene the truck entering off Front Street could barely swing the entrance, even with the 40-foot curb cut. Mr. Palleschi stated that the City would be restricting the site from any large trucks if it does not allow the modified entrance and exit off Front Street. Counselor Slevin stated that they had also investigated access to the site with other trucks, such as a large box truck, and they are also barely capable of accessing the site from Erie Boulevard, and would have to swing a very wide turn across two lanes to do so. Mr. Palleschi reviewed drawings illustrating what had been depicted in the video presentations. He stated that traffic exiting right out of the site onto Front Street had already been approved, and they believe that approximately 20% of traffic entering the site will do so by making a right turn in off Front Street, therefore generating a small amount of increased traffic over what was previously approved. Ms. Slevin stated that her client is asking for the same access that Rivers Casino was granted, although this site will have dramatically less traffic. She stated that without this requested modified access the entire project will be severely impaired. Commissioner Lewis stated that given the scenario shown by Mr. Palleschi a tractor-trailer entering from Front street will have to drive across many parking spaces to get onto the site, and thus cars will be unable to be parked in those spots. Ms. Slevin stated that as is the case on some of his other properties Mr. Fusco would make arrangements with the tenants ahead of time to make sure that those spaces are clear for a limited time. City Planner Primiano asked where those displaced cars would be parked. Ms. Slevin stated that they would be parked elsewhere on the site. Ms. Primiano stated that they have the exact minimum number of parking spaces required. Ms. Slevin replied that during the day, when most tractor-trailer access would take place, many tenants would be at work and thus the parking lot would not be at maximum capacity. Mr. Palleschi commented that his client has never supported the idea that all the parking was needed, which is why he initially had sought a variance asking that less parking be required. Commissioner Beach commented that in his opinion it is disingenuous of the applicant and his representatives to refer to it as a proposed curb cut on Front Street, as the curb cut has already been installed without permission. He also noted that he believes that an experienced truck driver could make a wider turn into the site from Erie by pulling more into the median where there is no island. Mr. Palleschi replied that even if the driver could make a wider turn the light pole, which was installed by the City after initial site plan approval, would still be an issue. Commissioner Wallinger stated that the site is in a downtown district and with that location there are added conveniences and inconveniences. She added that it might not be possible to access the site with a tractor-trailer, as is the case with many downtown sites, and she is not convinced that the request for that access must be accommodated. Ms. Primiano noted that the site is not retail or manufacturing, but residential. Ms. Slevin conceded, but stated that originally the approved site plan would have included accessibility by large trucks, and due to work done by the City that accessibility no longer exists under the approved site plan. She stated that under the initial site plan there was one access point for a large truck, and they are requesting that the site plan be revised to grant that access. Ms. Primiano stated that Mr. Fusco was notified on more than one occasion of the work being done on Erie Boulevard, and that he had confirmed that he had received that information. She added that it was his choice not to attend any of the neighborhood meetings where the work was discussed in detail several times. Ms. Slevin stated that the initial site plan approval was granted in April of 2016, and the initials plans for Erie Boulevard were unveiled in January 2017. She noted that the plans showed the existing islands but not the decorative light poles. Commissioner Wallinger stated that many of the businesses on Erie Boulevard have constraints on entrance and egress to their sites, and the reason access via Front Street was originally limited by the Commission is because Front Street is a very narrow residential street which in many cases does not have two full traffic lanes if cars are parallel parked on the street. She added that she does not believe that many areas of Front Street should be accessed by large trucks at all. She noted that this section of Front Street is very densely developed already, and the increased curb cut would result in the loss of additional on- street parking. Commissioner Ferro asked how and why the existing curb cut was installed if it wasn’t approved in the initial site plan. Ms. Slevin stated that Mr. Fusco had a meeting about the improvements to Erie Boulevard with representatives from the City, at which time they told him that it had been their mistake not to take the changes into account when reviewing the site plan, and that it would probably be in his best interest to move ahead with modifications to the Front Street exit. Commissioner Ferro asked what City staff was present at the meeting. Ms. Primiano stated that she was at the meeting, and that Mr. Fusco was never given permission to change the approved plans. She explained that Mr. Fusco stated that the Fire Department had told him that they had an issue with access to the site as approved, and at that time she said that she would consult with the Fire Department to address their concerns. She noted that Mr. Fusco installed the larger entrance and exit after he was told that he would need to come back before the Commission to seek revised site plan approval. She added that when she spoke to the Asst. Fire Chief he told her that he never said that he had concerns about the project, and that the fire trucks would access the site by any means necessary in case of an emergency. Commissioner Wilson asked how a tractor-trailer, having entered the site through Front Street, would exit the site. Mr. Palleschi stated that the truck would maneuver around the site and exit via Front Street. Commissioner Wilson stated that the truck would not be able to maneuver around the site if there were cars parked in the lot. He noted that most downtown sites are not accessible by tractor-trailers and he agrees with Commissioner Wallinger that the argument that this site must have access is not a reasonable one. Commissioner Wilson stated that in the past he had worked for a moving company and there are many other ways they can access the site, including off-loading to a smaller truck or by putting items in small pod storage which can then be transported onto the site. PUBLIC COMMENTS Andy Brick, attorney for Capital Region Gaming LLC, spoke on behalf of his client in opposition to the application. He stated that their concerns were the same as when he had spoken in November, specifically that his clients had worked very hard to limit traffic from the casino impacting the Front Street neighborhood, and they believe that this proposal would have a very negative impact on the neighborhood. He added that he agrees with Commissioners Wilson and Wallinger that access to a site by large trucks is not a given in a downtown urban area. Mr. Brick noted that the City has agreed to allow limited time parking on Erie Boulevard by large trucks. Tom Kaiser, resident of 6 Monroe Street, spoke in opposition to the proposal, stating that the original site plan approval should be upheld, and noting that he believes it reflects very poorly on Mr. Fusco that he installed the modified Front Street curb cut without permission. He added that just because the entrance is already there does not mean it should be allowed to remain. Carmella Ruscitto, President of the East Front Street Neighborhood Association, spoke in opposition to the proposal. She noted that many years ago weight limits were placed on Front Street, and she does not believe that the infrastructure can support traffic from large trucks. She added that the street is very narrow and densely developed, and this access would have a significant negative impact on the entire neighborhood. Mary Ann Ruscitto, resident of Front Street, spoke in opposition to the proposal. She stated that garbage trucks and service vehicles can access much more limited sites throughout downtown, and that the original site plan was approved for a reason and should not be modified. CONTINUED DISCUSSION Seeing no further members of the public who wished to speak, Commissioner Wallinger closed the public hearing and the Commissioners continued their discussion. Commissioner Wallinger stated that the first time the Commissioners considered the proposal they heard the same concerns from the neighbors, which is why the exit onto Front Street was restricted. She noted that the neighbors’ concerns remain the same. She added that Front Street is a very narrow street with on-street parking and dense development, which are all reasons why the Commission initially restricted access to exit right only and specifically required a curved exit lane to discourage drivers from turning left. Commissioner Wallinger stated that what the applicant went ahead and installed never received proper approval, and there is evidence that the Fire Department never had a problem with the initial approval, as the applicant had falsely stated. She explained that she sees no compelling argument to revise the previous site plan approval. Commissioner Wilson agreed, stating that when they initially considered the application the Commission worked very hard to address the concerns of the neighbors and the needs of the neighborhood. He explained that he supports the Commission’s initial decision and still believes that access via Front Street must be limited. He added that he does not believe that access to the site by large trucks must be guaranteed, as most downtown sites do not have this access. Commissioner Beach stated that he would not support revising the approved site plan, stating that the City has been reasonable and accommodating by stating that they would assist with temporary lane closures on Erie and allow large trucks to stand on Erie and put out safety cones. He noted that the Commission has a history of placing restrictions on a site to protect a neighborhood, as he believes is the case here, and the larger curb cut would  also eliminate significant landscaping that was approved in the initial site plan. Commissioner Lewis agreed with the previous Commissioners, stating that the initial concerns of the neighbors remain, and are now perhaps made worse given Mr. Fusco’s apparent disregard for the Commission’s earlier decision. He added that the City is willing to make significant accommodations, through lane closures or allowing standing trucks on Erie, and he believes this provides adequate relief from any concerns the applicant has. Commissioner Bailey commented that he shares the concerns of the neighbors and feels that the casino was required to do everything possible to limit increased traffic onto Front Street, and this project should be no different. Commissioner Beach stated that the City has offered acceptable alternatives to the applicant for access, and the Commission has a history of requiring applicants to take into consideration any possible negative impacts on the neighborhood and modify their proposal accordingly. He explained that this was how the initial site plan was approved, and he sees no reason that approval should be modified. The Commissioners agreed. REVISED SITE PLAN DENIAL Motion by Commissioner Beach, seconded by Commissioner Ferro, to deny the proposal based on the following findings of fact: 1. The City is committed to allow and assist any short-term, temporary lane closures on Erie Boulevard that may be necessary to accommodate large tractor-trailer deliveries. 2. The City has a demonstrated history of restricting access to properties if it poses a negative impact to the surrounding neighborhood, pursuant to Section 264-89. For example, the Rivers Casino access driveway onto Front Street is limited to prevent cars and trucks from going into the neighborhood. 3. The revised plan eliminates required landscaping and buffering pursuant to Section 264-50 and 264-89. Motion carried unanimously, with Commissioner Healey abstaining. B. HIGHBRIDGE BROADWAY LLC requests site plan approval pursuant to Section 264-90 B of a proposal to re-construct the office building at 388 Broadway, tax parcel # 49.23-2-5.111 and the adjacent parking lot on Van Guysling Avenue, tax parcel #49.23-2-29.1, located in a "C-4" Downtown Commercial District. John Roth, developer of the project, Tom Andress of BD Engineers and Surveyors, and Brian Barker of Architecture+ presented the proposal.  Mr. Roth explained that he and City Planner Primiano had been working together to revise the original plans submitted for the project, which were not in keeping with the City’s codes and design guidelines. He stated that initially he had planned to re-use his existing building’s foundation and have parking in front of it, but after speaking with Ms. Primiano he realized that this would not be acceptable, nor would it be the best use of the site. Mr. Andress presented and reviewed the site plans for the building lot and the parking lot. Mr. Barker reviewed the elevation drawings of the building. Mr. Roth stated that final building materials and colors are still being finalized, and they will be submitted to the City Planner for approval prior to construction. Ms. Primiano commended Mr. Roth and his team for being so receptive to her and the Commissions’ concerns, and for their cooperation and hard work to redesign the site prior to the meeting. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Bailey, seconded by Commissioner Wilson, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Beach abstaining. SITE PLAN APPROVAL Motion by Commissioner Healey, 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 Broadway. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. A bike rack will be installed on the site. Final design and location of the rack will be submitted to the City Planner for approval. 4. All future signage must be submitted to the City Planner for final approval prior to purchase and fabrication of the sign. 5. Final elevation drawings of the rear and sides of the building and the front canopy will be submitted to the City Planner for final approval prior to the issuance of building permits. 6. A revised site plan will be submitted to City staff for final approval prior to the issuance of building permits. The revised plans will show additional landscaping and street trees at the perimeter of the parking lot and building lot, as well as the lighting plans for both sites. The site plan will be routed to all City departments and any issues that are identified will need to be resolved prior to final staff approval. Motion carried unanimously, with Commissioner Beach abstaining. C. THE COMMUNITY BUILDERS INC. requests a recommendation to the City Council to amend the zoning of 8 parcels on Germania Avenue and Paige Street; 299, 301, 305, 307, 309, 311, and 313 Germania Avenue and 288 and 300 Paige Street, tax parcel #’s 49.24-5-23.1, 49.24-5-17 through 22, and 49.24-5-26 and 27, from “R-2” Two Family District to “C-4” Downtown Commercial District. Because Commissioner Wallinger recused herself from The Community Builders discussion and vote Commissioner Lewis led this portion of the meeting. The Commissioners agreed that the two applications submitted by The Community Builders would be discussed together and then voted on separately. Jennica Huff, senior project manager for The Community Builders, Dave Sadowsky, architect for the project, and Kelsey Carr of the Chazen Companies presented the proposal. Ms. Carr reviewed the site plans for the areas being discussed and explained the zoning variances that were recently granted by the BZA, mostly dealing with parking space and setback sizes. Mr. Sadowsky presented the elevation drawing for the projects, and explained the exterior materials, which will include hardiboard in several different colors and configurations, as well as panels fabricated from other materials, and ground level masonry. He stated that final materials and colors have not been decided yet, and the Commissioners agreed that once these decisions are made the materials will be submitted to the City Planner for final review and approval. PUBLIC COMMENTS Raymond Murrow, resident of 302 Paige Street, spoke in opposition to the project, stating that he was never given the opportunity to buy the city-owned vacant lot next to his home which was subsequently sold to The Community Builders for this project. A letter from City Councilwoman Marion Porterfield was entered into the record. The letter stated that Ms. Porterfield does not support the rezoning to “C-4” but believes that the property should be rezoned “C-2”. City Planner Primiano explained that the application before the Commissioners is for a recommendation for changing the zoning to “C-4”, and that because there are no nearby parcels zoned “C-2” and rezoning to this district would be considered spot zoning and is illegal.  RECOMMENDATION TO CITY COUNCIL Motion by Commissioner Beach, seconded by Commissioner Healey, to recommend the zoning change to the City Council. Motion carried unanimously, with Commissioner Wallinger abstaining. D. THE COMMUNITY BUILDEERS INC. requests site plan and special use permit approval pursuant to Section 264-90 B and F and Schedules A and C of a proposal to redevelop 40 residential properties and construct 94 new residential units located at 732, 736, 738, 744, 811, 820, 824, 827, 830, 831, 834, and 840 Albany Street, 302, 304, 306, 308, and 310 Craig Street, 299, 301, 305, 307, 308, 309, 310, 311, and 313 Germania Avenue, 288, 300, and 307 Paige Street, 802 and 806 Sprague Street, 701, 704, 706, 710, and 712 Stanley Street, 909, 911, and 913 Delamont Avenue, and 910 State Street, tax parcel #’s 49.24-5-23.2, 49.24-5-24, 49.24-5-25, 49.24-5- 62, 49.33-5-63.1, 49.33-2-31, 49.33-5-62.1, 49.33-2-33, 49.33-5-61, 49.33-4- 10, 49.33-4-11, 49.33-2-34, 49.33-2-35, 49.33-2-36, 49.33-2-37, 49.33-2-38.1, 49.24-5-23.1, 49.24-5-22, 49.24-5-21, 49.24-5-20, 49.24-4-22, 49.24-5-19, 49.24-4-23, 49.24-5-18, 49.24-5-17, 49.24-5-26, 49.24-5-27, 49.24-5-61, 49.33-2-65, 49.33-2-68, 49.33-2-64, 49.33-3-3, 49.33-3-4, 49.33-3-6, 49.33-3- 7, 49.33-3-28, 49.33-3-27, 49.33-3-26, and 49.33-3-29 respectively, located in the “R-2” Two Family Residential District, “C-2” Mixed Use Commercial District, and "C-4" Downtown Commercial District. PUBLIC COMMENTS Patricia Vorse, City resident, spoke in opposition to the project. SITE PLAN APPROVAL Motion by Commissioner Ferro, seconded by Commissioner Wilson, to accept the proposal with the following conditions: 1. A recommendation to the City Council to amend the zoning of 9 parcels on Germania Avenue and Paige Street; 299, 301, 305, 307, 309, 311, and 313 Germania Avenue and 288 and 300 Paige Street from "R-2" Two Family Residential to "C-4" Downtown Mixed Use Commercial. 2. Three Special Use Permit approvals: a. To allow for a 7-story residential building where 6-stories is allowed at the consolidated lots of tax parcel #'s 49.24-5-17 through 27. b. To allow for ancillary parking in an R-2 district at 802 Sprague Street, tax parcel # 49.33-2-65. c. To allow for ancillary parking in an R-2 district at 806 Sprague Street, tax parcel # 49.33-2-68. 3. Site plan approval of the three main components:  a. Low-Rise Buildings: 21 units b. Mid-Rise Building: 82 units c. Scattered sites: 10 Units and with the following conditions: 1. The addresses will be prominently displayed so that they are easily visible from the street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The final site plan and elevation drawings will be submitted to City staff for review and approval. If, during construction, there are any changes to the final approved plans, the applicants will return to the City Planner, and if the changes are deemed significant, the applicant will return to the Planning Commission for approval of those changes. Motion carried unanimously, with Commissioner Wallinger abstaining. E. JOE MEUS requests site plan approval pursuant to Section 264-90 M of a proposal to operate a convenience store at 1126 State Street, tax parcel # 49.50-4-10, located in a "C-2" Mixed Use Commercial District. Joe Meus and his business partner presented the proposal. Mr. Meus explained that they both will work at the business, as well as some family members. The proposed hours of operation are 6 am to 9 pm daily. The discussion centered around the illegal parking that consistently takes places in front of the store. It was determined that until the weather permits landscaping to be installed, bollards will be put in front of the store to prohibit cars from pulling in. PUBLIC COMMENTS Charles and Rose Padula, owners of the laundromat next door expressed their concerns regarding the illegal parking in front of the store, which they stated has been an ongoing problem. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Lewis, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. A trash can for customer use will be kept outside during the day. The area in front of the store will be checked for litter and swept several times daily. 4. A plan for landscaping, as discussed at the meeting, will be submitted to the City Planner by May 1, 2018. The plan will be approved by the City Planner prior to the landscaping being installed. The plan will include the removal of asphalt and the installation of grass, landscaping and a small flowering tree. The landscaping will be installed by July 1, 2018. 5. A site plan drawing showing the parking spaces in the rear of the building will be submitted to the City Planner for review and approval. The drawing will be submitted by May 1, 2018. 6. Prior to opening, decorative bollards will be installed in front of the store to eliminate the illegal parking currently taking place. The proposed design and location of the bollards will be submitted to the City Planner for review and approval prior to their installation. 7. The awnings will be repainted by July 1, 2018. Motion carried unanimously. F. SUBHASH D. SUKHRAM requests site plan approval pursuant to Section 264-90 M of a proposal to operate a real estate office at 1257 State Street, tax parcel # 49.59-3-48, located in a “C-2” Mixed Use Commercial District. Subhash Sukhram presented the proposal. Mr. Sukhram explained that he has been a real estate agent for twelve years and now plans to open his own brokerage office at this location. City Planner Primiano stated that Mr. Sukhram had mistakenly been granted a building permit to install the faux brick siding, which is not allowed under the downtown design guidelines, and she had not been informed by the building department of his application. The discussion centered around how to mitigate the appearance of the faux brick siding without requiring Mr. Sukhram to remove all of it. It was determined that it would be removed from the second-story porch front and replaced with white vinyl siding. Commissioner Wilsons suggested removing it from the base of the first floor up to even with the top of the stairs and replacing it with a stone veneer product in order to give the appearance of some grounding at the bottom of the building. The Commissioners agreed that this would be the best way to move forward. PUBLIC COMMENTS None.  SITE PLAN APPROVAL Motion by Commissioner Bailey, seconded by Commissioner Ferro, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. A professionally prepared sign rendering must be submitted to the City Planner for final approval prior to purchase and fabrication of the sign. 4. One street tree will be planted in front of the building on the right side of the walkway leading to the business entrance. The tree will be planted by October 1, 2018. 5. A copy of the owner’s real estate license must be submitted to the City Planner to keep for the record. 6. The applicant and the City Planner will work with the building department to formulate a solution for the second-floor porch where plywood was installed. The solution will be implemented prior to the opening of the business. 7. The faux brick siding on the front of the second-floor porch will be removed and replaced with white vinyl siding, to match the other portions of the building. The faux brick will be removed to even with the top of the front entrance stairs and a stone veneer will be applied in its place. Plans for the stone veneer and vinyl siding will be submitted to the City Planner for review and approval prior to beginning the work. All work will be complete prior to the opening of the business. Motion carried unanimously. VIII. MISCELLANEOUS None. IX. MOTION TO ADJOURN Motion by Commissioner Healey, seconded by Commissioner Bailey, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 9:45 p.m.