Planning Commission

City of Schenectady Planning Commission Meeting Minutes April 18, 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; Beau Melita; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner; Rachael Ward, Deputy Corporation Counsel EXCUSED: Julia Stone III. CONFLICT OF INTEREST CHECK Commissioner Ferro recused himself from the discussion and voting on New Business Item C, the Larry O’Shea proposal. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Wilson, seconded by Commissioner Bailey, to accept the Minutes of the March 21, 2018 meeting as submitted. Motion carried, with Commissioners Beach and Healey absent from the vote. V. NEW BUSINESS – CONSENT AGENDA A. VENEZIO DEVELOPMENT, LLC requests site plan approval pursuant to Section 264-90 H of a proposal to construct 12 self-storage buildings at 708 Kings Road, tax parcel # 60.69-1-19, located in an "M-1" Light Manufacturing and Warehousing District. A representative from Venezio Development, LLC appeared before the Commission. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Melita, seconded by Commissioner Lewis, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Healey absent from the vote. SITE PLAN APPROVAL  Motion by Commissioner Lewis, seconded by Commissioner Bailey, to accept the proposal with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Kings Road. 2. The side yard setback for building 4 must be increased to a 10-foot setback or an area variance will be required prior to the issuance of building permits. 3. The temporary Jersey barriers will be removed, and the green space will be enlarged as shown on the site plan to extend across the front of the property a total of 285 feet and it will be a minimum of 4 feet wide. The green space will be installed by September 1, 2018. 4. Three small flowering trees will be planted in the green space and they will be spaced so as not to interfere with the overhead wires. The trees will be planted by September 1, 2018. 5. If any new signs are planned or any changes are needed for the existing free-standing sign, a detailed rendering must be submitted to the City Planner for approval prior to fabrication of the new signage. Motion carried unanimously, with Commissioner Healey absent from the vote. B. MARC JOHNSON requests a revised site plan approval and an amended Special Use Permit pursuant to Section 264-90 H and Schedule B of a proposal to construct a 2,700 SF building and two additions to existing buildings, totaling 2,600 SF, at 1524 Crane Street, tax parcel # 49.71-5- 15.1, located in a "C-5" Business District. Marc Johnson appeared before the Commission. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Bailey, seconded by Commissioner Lewis, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Healey absent from the vote. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Bailey, to accept the proposal with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Crane Street.  2. Pursuant to Section 264-49 G, the dumpster(s) will be properly enclosed or moved out of the public view. The dumpster will be enclosed or removed by June 1, 2018. 3. Any changes to the proposal will require review by the City Planner. Motion carried unanimously, with Commissioner Healey absent from the vote. C. JEFF ARJUNE requests a Special Use Permit pursuant to Section 264 Schedule A of a proposal to establish a professional real estate office at 26 McClellan Street, tax parcel # 49.51-2-4, located in an "R-2" Two Family Residential District. Jeff Arjune appeared before the Commission. Commissioner Wallinger commented that in front of the store there appeared to be asphalt patches around the basement hatch in the sidewalk. She explained that patching a concrete sidewalk with asphalt is not allowed. Mr. Arjune stated that the previous owner had used the asphalt and that he had already repaired all around the hatch with concrete. He showed Commissioner Wallinger recent photos of the repairs that he had made in concrete. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Bailey, seconded by Commissioner Wilson, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Healey absent from the vote. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Bailey, to approve the Special Use Permit based on 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. and with the following conditions: 1. The street address will be prominently displayed so that it is easily visible from McClellan Street. 2. Metal roll gates and iron bars will not be permitted on any door or window at any time in the future. 3. All boarded windows will be replaced with glass prior to the opening of the business. 4. All peeling and chipping paint will be repainted by July 1, 2018. 5. The applicant shall provide window boxes along the bottom of the two large front windows and planter boxes in front of the building to provide some plantings out front. The planters will be continuously maintained throughout the year. 6. The asphalt placed around the basement access panel will be replaced with concrete by July 1, 2018. Motion carried unanimously, with Commissioner Healey absent from the vote. VI. INFORMAL REVIEW A. BERKSHIRE HATHAWAY HOME SERVICES BLAKE REALTORS request an informal review of their proposal to install an electronic and interactive message board at 416-426 State Street, tax parcel # 39.80-2- 3.1, located in a “C-4” Downtown Mixed Use Commercial District. Ryan Clark, Branch Manager for Berkshire Hathaway, and Mary D’Alessandro-Gilmore, Associate Broker, presented the proposal. City Planner Primiano explained that although this application had been submitted before the deadline for the meeting, it had been misplaced in the Development Office and thus she did not receive it in time to post it to the public agenda. She apologized to the applicants for the error. Commissioner Wallinger stated that as a courtesy the Commission would like to hear the application and could discuss it with the applicants in hopes that it might be considered on the consent agenda at the May meeting. The Commissioners agreed. Mr. Clark explained that the sign would be behind the glass window pane and would have a touch screen that would allow passers-by to interact with it and thus search for information about specific properties or see what is available in a specific area. Ms. Primiano asked what will be displayed on the screen when it is not in use. Mr. Clark explained that screen saver images can be  programmed to change at a rate set by the company and noted that the signs can be turned off or to a static image at night, and that the brightness of the screen can be adjusted as well. Commissioner Wallinger stated that she would like the changing screens to be limited to once every eight seconds, which is the rate set by the NYSDOT for changing LED signs. The Commissioners agreed. VII. NEW BUSINESS – CONTINUED A. GLOBAL PARTNERS LP requests site plan approval pursuant to Section 264-90 B and J of a proposal to construct a 4,800 SF café and market with fuel stations AT 1410-1424 Erie Boulevard, tax parcel #’s 39.56-3-17.1 and 18, located in a “C-4” Downtown Mixed Use Commercial District. A representative from Global Partners LP and Scott Shearing of Bohler Engineering presented the proposal. The Global Partners representative briefly talked about the company background and gave a general overview of the plans for the site. He stated that the goal of the Alltown Market brand is to get to know their customers and feel more like a neighborhood market and café than a typical chain convenience store. Mr. Shearing reviewed the site plan. He explained that the former Grossman’s Bargain Outlet building, which has been vacant since 2009, will be demolished to make space for the new Alltown Market. He reviewed the proposed entrances and exits to and from the site and explained the proposed traffic circulation. Mr. Shearing also noted that the developers plan to re-open access at the back of the site which will allow pedestrians to pass through to the Little Italy neighborhood. Commissioner Bailey stated that it is the goal of the Commission, and the City administration, to keep Erie Boulevard as pedestrian-friendly as possible, and he does not believe that the plan as proposed supports that goal. He stated that he believes that there are too many curb cuts and access points on the site, and pedestrians would face many obstacles and potentially dangerous situations when trying to use it. Commissioner Wallinger agreed. Commissioner Wallinger asked what will be put in place of the small building that will be razed at the front corner of the site. Mr. Shearing stated that there will be some landscaping there but that its exact design has not been finalized yet. There was discussion with the applicants, Commissioners, and City staff regarding the lot configuration and how the proposed lease agreements would work. Commissioner Melita asked if there are any environmental concerns on the site. Mr. Shearing stated that they have not yet begun the environmental evaluations because the developers are waiting to see if the project is viable before investing further funds. PUBLIC COMMENTS A letter in support of the project from James Salengo, Executive Director of the Downtown Schenectady Improvement Corp, was entered into the record. Tom O’Connor, Vice President of the Capital Region Chamber, spoke in support of the project, stating that the Commission should be more concerned with welcoming new businesses to Schenectady and less concerned about parking lot circulation. Raju Joshi, owner of a gas station very close to the site, spoke in opposition to the project, stating that it would negatively impact his business and most likely cause him to close. Commissioner Wallinger noted that the proposal is an allowed use for the site and it is not within the Commission’s power to prohibit a gas station from locating there. Paul Fallati of the Galesi Group spoke in favor of the project, stating that it will be a great addition to the City and a good use of this site. Chris Kern, Vice President of Marketing for Rivers Casino, spoke in favor of the project, stating that the improvements being made on Erie Boulevard have a positive impact on surrounding businesses and development, including Mohawk Harbor and the Casino. A resident of the River House at Mohawk Harbor spoke in favor of the project. He did not sign in or give his name. Ray Gillen of Metroplex Development Authority spoke in favor of the proposal, stating that it will have a positive impact on Erie Boulevard and the surrounding area. Seeing no further members of the public wishing to speak, Commissioner Wallinger closed the public hearing. Commissioner Wallinger stated that while she is in support of the project and believes that it will be a great addition to the City, she does not support the proposed traffic pattern on the site or the numerous curb cuts and access points. Commissioner Bailey agreed. Commissioner Wallinger noted that there is also a large amount of asphalt on the site, noting that the 10’ wide parking spaces are a foot wider than required, and the proposed driving lanes are 40’ wide. Mr. Shearing stated that the wide drive lanes are necessary for delivery vehicles being able to access and move around the site. Ms. Primiano stated that when access points to the site are minimized potential conflicts, between vehicles or between a vehicle and a pedestrian, are minimized as well. Commissioner Wallinger commented that as this is an urban setting some concessions must be made to accommodate pedestrian customers of the store.  Ms. Primiano briefly reviewed the variances that the applicants will be seeking from The Board of Zoning Appeals. Commissioner Wallinger stated that the drive aisle between the building and the road must be eliminated for the project to progress forward. She added that she also believes that the first proposed curb cut could be eliminated or reduced to an entrance only. She explained that in accordance with the design guidelines the building should have an entrance oriented towards Erie Boulevard, and that street trees should be added to the plans. Commissioner Wallinger added that there should also be a sign facing Erie, and the parking spaces should be reduced to 9’ wide. The Commissioners expressed their support for these positions. Mr. Shearing stated that his clients would be willing to reduce the width of the parking spaces in the lot and around the perimeter of the site but would like to keep the spaces directly around the building at 10’. The Commissioners agreed with this proposal. Commissioner Wallinger asked about the storm water management plan. Mr. Shearing stated that is still in development and will be presented at the next meeting. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Beach, to accept the Negative Declaration. Motion carried unanimously. MOTION TO TABLE & REFER TO THE BOARD OF ZONING APPEALS Motion by Commissioner Beach, seconded by Commissioner Wilson, to table the proposal and refer the project to the BZA with the following comments: The Planning Commission is supportive of the following: 1. The allowance of a third attached sign as long as the signs will be placed as follows: one facing Erie Boulevard, one facing Jefferson Street, and one face North on the side of the building. 2. The front yard setback greater than zero, however, the driveway aisle in front of the building needs to be eliminated. It is not necessary and is adverse to safe pedestrian access to the building. The Planning Commission is not supportive of the following: 1. Four curb cut access points to the site: 3 on Erie Boulevard and one onto Jefferson Street. Pursuant to Section 264-89 A and B, the Planning Commission wants the access points reduced to minimize onsite conflicts and conflict with pedestrians entering the site. 2. Front door facing the parking lot. It is imperative to have a front door facing Erie Boulevard. Every site in the Downtown District, including this site should have the primary, pedestrian access at the front. 3. Street trees. It's a longstanding policy of the Planning Commission and regulation the zoning code Section 264-50 that each property must provide street trees. The owner's argument that the trees will block visibility to the site is not valid. The site will be easily identified by the large sign, gas pump canopy and building. 4. Additional parking above the maximum allowed. The Planning Commission encourages the least amount of pavement as possible and the maximum amount of green space. It's not only an aesthetic issue, but additional pavement has storm water runoff implications and it is a priority of the Planning Commission to reduce pavement when possible, pursuant to Section 264-89. Motion carried unanimously. B. NECG HOLDING CORP. requests site plan approval pursuant to Section 264-90 J of a proposal to construct a new canopy and fuel stations along with other site improvements at the Getty Station at 1372 Union Street, tax parcel #49.28-1-18, located in a "C-2" Mixed Use Commercial District. Scott Parker, representative of NECG Holding Corp., presented the proposal. Mr. Parker explained that his company had taken control of the site several years ago and it has been in line to be upgraded, a process which they are beginning now. He stated that the gas tanks are being replaced and new dispensers installed, the façade of the building will be updated, and landscaping will be added to the site. Mr. Parker stated that they had planned to reuse the existing sign until they learned that it was illegal. He noted that he had driven around the City and looked at other monument signs at gas stations and is confident that they can develop a proposal that will be acceptable to all parties involved. It was determined that the final site plan and sign design will be submitted to Ms. Primiano for final review and approval. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Ferro, seconded by Commissioner Bailey, to accept the Negative Declaration. Motion carried unanimously. SITE PLAN APPROVAL  Motion by Commissioner Ferro, 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 Union Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. A revised site plan will be submitted to City staff for final approval. The revised plans will show additional landscaping around the site perimeter and new sign, the location of the proposed sign, elevation drawings of the proposed gas canopy, and a proper dumpster enclosure. 4. All exterior product advertisement signs attached to the outside of the building must be permanently removed by May 1, 2018. Motion carried unanimously. RECOMMENDATION TO THE BOARD OF ZONING APPEALS Motion by Commissioner Ferro, seconded by Commissioner Wilson, to support the granting of an area variance to NECG Holding Corp. to allow the 7 foot tall monument sign to have a setback of less than 20 feet of the intersecting curb lines. Motion carried unanimously. C. LARRY O SHEA requests site plan approval pursuant to Section 264-90 M of a proposal to operate an automobile repair establishment at 1715 Union Street, tax parcel # 50.31-3-24.1, located in a “C-2” Mixed Use Commercial District. Larry O’Shea and Paul Bowers of Berkshire Hathaway presented the proposal. Mr. Bowers stated that many of the concerns expressed by Principal Planner Primiano in her staff notes had already been addressed. He explained that the containers had been removed from the property and the site is being cleaned up. Mr. Bowers stated that when Mr. O’Shea takes over a property it is his practice to completely clean and refresh it. Mr. Bowers stated that they are currently working on a new sign proposal as they had planned to reuse the existing sign until they found out it is illegal. Commissioner Wallinger asked about landscaping and worked with the applicants on the site plan to carve out some small planting beds. It was determined that the revised site plan, which will include a detailed landscaping plan, and the final sign proposal could be submitted to Ms. Primiano for approval.  PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Healey, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Union 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, including the landscaping plans discussed at the meeting, will be submitted to the City Planner for review and approval. All landscaping must be installed within 30 days of the opening of the business. 4. The sign design with details will be submitted to the City Planner for approval prior to the purchase or fabrication of the sign. 5. The site must be cleaned of trash on a regular basis. 6. Temporary banners are permitted for only 30 days during the grand opening of the business. Balloons, tinsel, and flags are not permitted at any time. Motion carried unanimously, with Commissioner Ferro abstaining. VIII. OLD BUSINESS A. 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. City Planner Primiano explained that Mr. Martel’s request for an area variance for side yard setback was denied by the BZA, so the previously proposed addition is not allowed. She also noted that violations on the site, including the storage container and FedEx truck, remain. Mr. Martel stated that he intends to remove the truck and container as soon as possible. He reviewed the changes he would like to make to the building and presented elevation drawings showing the new proposed signage. Commissioner Wallinger stated that while the proposed changes to the site are very positive, no action could be taken on the application until the previous violations are addressed. She suggested tabling the proposal until the May meeting and asked that Mr. Martel submit to Ms. Primiano a revised site plan and a detailed landscaping plan showing the species and locations of the proposed plantings. The Commissioners agreed.  PUBLIC COMMENTS A letter from Peter Edman, tenant at 101 Dean Street, was entered into the record. Mr. Edman’s letter expressed his opposition to the proposed addition to the building. Paul Briggs, attorney for Peter Jacobs, owner of 101 Dean Street, stated that his client is opposed to any additions to the building and wanted to confirm that the proposed addition would not be allowed. Ms. Primiano stated that because the BZA had denied the variance request the proposed addition would not be considered by the Commission. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Wilson, to table the proposal. Motion carried unanimously. IX. MISCELLANEOUS None. X. 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.