Planning Commission

City of Schenectady Planning Commission Meeting Minutes May 16, 2018 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:37 p.m. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Randall Beach; Richard Ferro; Andrew Healey; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner; Rachael Ward, Deputy Corporation Counsel EXCUSED: Ryan P. Bailey; Julia Stone III. CONFLICT OF INTEREST CHECK Commissioner Ferro recused himself from the discussion and voting on New Business – Consent Agenda Item A, the Berkshire Hathaway proposal. Commissioner Wallinger recused herself from the discussion of Old Business Item A, The Community Builders site plan amendment. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Healey, to accept the Minutes of the April 18, 2018 meeting as submitted. Motion carried, with Commissioner Lewis absent from the vote. V. NEW BUSINESS – CONSENT AGENDA A. BERKSHIRE HATHAWAY HOME SERVICES BLAKE REALTORS request a Special Use Permit pursuant to Section 264-611 of a 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, appeared before the Commission. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Wilson, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Ferro abstaining.  SPECIAL USE PERMIT APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Lewis, 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 interactive message board will be used to access real estate activities as they relate to the functions of Berkshire Hathaway Home Services Blake Realtors. Products and services of other companies cannot be advertised, as displays of other businesses would be considered off-premise signs and are prohibited in the zoning code. 2. The interactive message board can be used to inform the public of community events within the City of Schenectady and Schenectady County. 3. Brightness settings for the message board must be calibrated to a level as to not cause distraction or interference to drivers. Motion carried unanimously, with Commissioner Ferro abstaining. The record reflects the second vote, which was taken after the rest of the New Business was considered. The original vote taken for this item, before Commissioner Lewis arrived at the meeting, was not valid because with Commissioner Ferro abstaining there were not enough Commissioners voting to establish a quorum. B. URBAN DOERS requests site plan approval pursuant to Section 264-90 M of a proposal to operate a furniture showroom at 514 State Street, tax parcel # 39.80-2-21, located in a "C-4" Downtown Mixed Use Commercial District. A representative from Urban Doers appeared before the Commission. PUBLIC COMMENTS None.  SITE PLAN APPROVAL Motion by Commissioner Beach, 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 will not be permitted on any window or door at any time in the future. 3. All renovations require stamped drawings to obtain permits. All permits must be obtained prior to starting any work. 4. All future signage must be submitted to the City Planner for approval prior to purchase and fabrication of the sign(s). See Section 264-61 and the Downtown Schenectady Design Guidelines for regulations. 5. If the projecting sign bracket will not be re-used, it must be removed in its entirety prior to the opening of the business. Motion carried unanimously, with Commissioner Lewis absent from the vote. C. MITCHELL RAMSEY requests site plan approval pursuant to Section 264-90 M of a proposal to operate a tavern at 118 Jay Street, tax parcel # 39.72-2-15, located in a "C-4" Downtown Mixed Use Commercial District. Mitchell Ramsey appeared before the Commission. PUBLIC COMMENTS A letter from Tony Ward, part-owner of the neighboring building at 122-124 Jay Street, expressed concerns regarding excessive noise, and patrons loitering and smoking in front of the bar and his building. Commissioner Wallinger noted that a tavern is an allowed use for this building. Mr. Ramsey stated that he had spoken to Mr. Ward by telephone the day of the meeting and assured him that he wants to be a good neighbor. He explained that he has taken steps to make the building soundproof and will direct patrons to the rear patio space for smoking. He also noted that he will not tolerate patrons loitering outside in front of the business. Mr. Ramsey stated that Mr. Ward seemed reassured by their conversation and that he believes that they will be able to get along well as neighbors. SITE PLAN APPROVAL Motion by Commissioner Beach, 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 Jay 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 renovations require stamped drawings to obtain permits. All permits must be maintained prior to starting any work. 4. A Certificate of Use is required to operate the business. 5. A water meter is required to operate the business. Motion carried unanimously, with Commissioner Lewis absent from the vote. VI. NEW BUSINESS – CONTINUED A. THE SCHENECTADY BOYS & GIRLS CLUB requests a recommendation to the City Council to change the zoning of a portion of the parcel of land located on Education Drive, tax parcel # 49.56-4-1, from “OS” Open Space to “I” Institutional, to allow for the construction of their new after school program facility. Roger Keating from the Chazen Companies presented the proposal. Mr. Keating explained that the land in question abuts Pleasant Valley School and Quackenbush Park. He stated that the applicants believe that this site will be a great location for the Boys & Girls club to build their new community center, where they will operate their after-school program, and indoor and outdoor recreation programs. Commissioner Wallinger reminded the Commissioners that the applicants will have to return for full site plan review once the zoning has been established. PUBLIC COMMENTS None. RECOMMENDATION TO CITY COUNCIL Motion by Commissioner Wilson, seconded by Commissioner Healey, to recommend to the City Council that the zoning of the land on Education Drive be changed from “OS” Open Space to “I” Institutional. Motion carried unanimously, with Commissioner Lewis absent from the vote. B. PARMANAND MOHABEER requests site plan approval pursuant to Section 264-90 M of a proposal to operate a bar and lounge at 1490 State Street, tax parcel #49.76-4-14, located in a "C-2" Mixed Use Commercial District. Parmanand Mohabeer presented the proposal. Mr. Mohabeer explained that he wishes to operate a bar and lounge on the property. City Planner Primiano asked if he plans to have outdoor seating. Mr. Mohabeer stated that he would like to. Ms. Primiano stated that he will need to get an Outdoor Permit from the City. Mr. Mohabeer stated that he would like to buy the adjacent city-owned property and take down the building on it so that he would have more parking available for his patrons. Counselor Ward stated that Mr. Mohabeer should contact her regarding making an offer on the property. Mr. Mohabeer stated that he would do so. Ms. Primiano stated that the City Engineer commented that the asphalt sidewalks should be returned to concrete. Commissioner Wallinger stated that the property looks very clean and well-kept. Ms. Primiano noted that the garbage storage and signage are acceptable, but she suggested that the applicant submit a landscaping plan for her approval. The Commissioners agreed, and the layout of the landscaping was discussed briefly. It was agreed that asphalt be removed from the front and side of the property, and landscaping and three street trees be installed. Commissioner Wallinger commented that removing the asphalt on the side of the property will also discourage illegal parking there. Ms. Primiano noted that a Certificate of Use is required to operate the business. Mr. Mohabeer stated that he is aware of this. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Beach, 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 will not be installed on any doors or windows at any time in the future. 3. The applicant will submit a landscaping plan to the City Planner for final approval. As discussed at the meeting, the plan will include removing portions of the asphalt from the front of and side of the building and replacing it with grass and other plantings. One street tree will be added to the front of the property and two to the side. The landscaping plan will be submitted by June1, 2018, and the landscaping will be installed by September 1, 2018. 4. The sidewalk that has been paved over with asphalt must be replaced with concrete to city standards by September 1, 2019.  Motion carried unanimously. C. JOSEPH BATTISTA requests site plan approval pursuant to Section 264-90 K of a proposal to operate a motor vehicle sales business at 1907 State Street, tax parcel # 60.47-3-9, located in a “C-5” Business District. Tom Andress of ABD Engineers and Surveyors presented the proposal. Mr. Andress explained that Mr. Battista has been operating his used car business on the site out of a construction trailer since 2000. He stated that Mr. Battista would like to add a steel building to the property, so that he may have his office in the building and have two garage bays for minor vehicle repairs and maintenance, such as oil changes, and car detailing. Mr. Andress stated that they had received Ms. Primiano’s staff notes and that they had no objection except that they would like permission to put one of the trees elsewhere on the property instead of at the front west corner, where they believe it might obscure the sign. After some discussion it was determined that the second tree could be placed closer back to the building. Mr. Andress explained that the sign is not part of this application because they did not receive their proposal from the sign company in time to submit it with the application. Commissioner Wallinger stated that she has concerns with the elevation drawings, because they lack any of the building details, such as wider trim and roof overhangs, set forth in the City’s design guidelines. Commissioner Wilson agreed, adding that the building needs to have some details added. Mr. Andress stated that he had spoken with Ms. Primiano regarding the guidelines, and he feels confident that they can revise the building design to meet the City’s requirements. Commissioner Wallinger stated that she would like them to return to the full Commission with a final revised site plan, elevation drawings, and landscaping plan. The Commissioners agreed. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Wilson, to accept the Negative Declaration. Motion carried unanimously. SITE PLAN APPROVAL Motion by Commissioner Beach, 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 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 applicant will return to the Planning Commission with a final revised site plan and elevation drawing showing the design changes discussed at the meeting. 4. The maximum number of vehicles to be displayed for sale at one time shall be 12. The 12 vehicles shall be displayed as shown on the approved site plan. 5. The maximum number of vehicles to be parked on site at the rear of the building at any one time is 3 as shown on the approved site plan. The vehicles parked in the rear are for staff and temporary, short-term storage parking only. 6. All vehicle storage must comply with Zoning regulations in Section 264-107. 7. The applicant will submit a final landscaping plan to the City Planner for final approval. The four-foot grass buffer between the sidewalk and vehicles on display at the front of the property, along with the two trees, one at the front corner of the property and one set back closer to the corner of the building, will be installed by July 1, 2018. The foundation plantings in front of the building and around the base of the sign, as discussed at the meeting, will be installed by September 1, 2018. 8. The storage of garbage, old oil, and any other waste materials will either be inside the building or adjacent to the rear of the building and out of public view. 9. 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. Motion carried unanimously. D. W. JOHN SMITH requests site plan approval pursuant to Section 264-90 K of a proposal to operate a motor vehicle sales business at 1880-1884 State Street, tax parcel #’s 60.47-1-11 and 12, located in a “C-5” Business District. Joe Bianchine of ABD Engineers and Surveyors and W. John Smith presented the proposal. Mr. Bianchine explained that Mr. Smith has the two properties under contract, and is proposing to operate his sales office temporarily at 1884 State Street and display cars for sale at 1880 State Street. He stated that after Mr. Smith finishes the rehab of the former gas station on 1880 State Street he plans to move his office there. Ms. Primiano explained that she had stated that the lots need to be consolidated because the auto sales business must have an on-site office. She stated that the vacant building on 1880 is currently not usable for an office, so the applicant would have to build another office or add a trailer to 1880 if he chooses not to consolidate. Mr. Smith stated that he is not averse to consolidating the lots if it is required, but that he was just trying to keep as many options open as possible. Ms. Primiano stated that the lots could be subdivided if at some point in the future it proves advantageous to do so. The Commissioners and the applicant discussed landscaping on the site. Commissioner Wallinger suggested that in addition to the sidewalk buffer and landscaping around the sign, which the applicant is proposing to lower, some shrubs be added to some large pots that will be placed in front of the vacant building at 1880 to provide some partial screening. Mr. Smith agreed that he would do so. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Wilson, 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 will be 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 two lots will be consolidated prior to the opening of the business. 4. The sign will be reduced to a maximum height of ten feet and landscaping will be added to the base of the sign. 5. The applicant will install a minimum of three large potted arbor vitae shrubs in front of the vacant building, which will be secured. 6. Any code violations on the property will be rectified prior to the opening of the business. 7. A landscaped buffer extending five feet from the back of the sidewalk will be installed. All cars will be parked behind the buffer at all times. 8. A final landscaping plan and revised site plan will be submitted to the City Planner for final approval. The landscaping plan will include the  plantings at the base of the sign, the potted shrubs, the parking buffer, and a minimum of two street trees. 9. The boarded widows of the vacant building will be either painted to match the exterior of the building or restored to glass by October 1, 2018. Motion carried unanimously. E. DARLENE THEN requests site plan approval pursuant to Section 264-90 K of a proposal to operate a motor vehicle sales business at 1549 Carrie Street, tax parcel # 39.50-3-28.1, located in an “R-2” Two Family Residential District. Darlene Then presented the proposal. Ms. Then explained that she had been operating a used car business for two years in Rotterdam and in April moved to this location, where her parents own the building. City Planner Primiano stated that a buffer must be installed between the property line and where the cars are parked. She explained that three parking spaces are required for the residents of the two-family house on the property. She noted that the applicant is in the process of buying a vacant city lot across the street from the property, and that when that sale is complete she will relocate tenant parking there, which is allowed. Ms. Primiano stated that the cars must always be kept a minimum of four feet from the sidewalk and there must always be a passable driveway aisle on the site. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Wilson, 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 Carrie 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 three (3) parking spaces at the rear of the site next to the house and in front of the garage as shown on the site plan will be reserved for the residential use as required by Schedule F of Chapter 264. 4. The seven (7) parking spaces identified on the site plan shown on the southern side of the lot will be used for the display of vehicles for sale. The number of vehicles for sale is limited to those seven (7) and they must be displayed in that location and configuration as shown on the site plan.  5. Site circulation must be maintained; therefore, no vehicles can be parked in the driveway aisle as seen the staff photo taken on 5/9/2018 during the site visit. 6. The applicant will provide a 4-foot wide by 15-foot long landscaped buffer adjacent to the sidewalk on Carrie Street. The asphalt will be removed and grass and one street tree, with a diameter of 2.5-3”, will be planted by July 1, 2018. 7. The existing projecting sign at the corner of the building requires a revocable permit issued by the City Council. Revocable permits are the approval of the sign location and require that the owner maintain insurance coverage on the sign for as long as the sign is displayed and overhanging the City right of way. The applicant must apply for the revocable permit in the City Engineering Department by June 1,2018. Motion carried unanimously. F. ROY PERSAUD and AMMAR ALSAYADI request site plan approval pursuant to Section 264-90 M of a proposal to operate a liquor store and supermarket, respectively, at 800-808 Albany Street, tax parcel # 49.33-2- 28, located in a “C-2” Mixed Use Commercial District. Ammar Alsayadi presented the proposal. Mr. Alsayadi stated that the store he is operating was previously a variety store, but he plans to operate it as a small supermarket. City Planner Primiano asked Mr. Alsayadi if he has been operating the business without a valid Certificate of Use. Mr. Alsayadi stated that he had recently gone to court and it was his understanding that he would be awarded his Certificate of Use within 30 days. Commissioner Wallinger stated that there are many current violations on the site. Ms. Primiano stated that more than 20% of the windows are covered with signs, there is an illegal electronic message board sign in the window, an abandoned telephone booth on the property, graffiti and peeling paint, boarded windows, no dumpster, and the property is covered with garbage and debris. She asked Mr. Alsayadi who put up the temporary chain link fence on the property. Mr. Alsayadi replied that he believes that it was Mr. Persaud, who plans to run the liquor store on the site. Ms. Primiano stated that the fencing must be permanently installed, and chain link leaned up against two end posts is not acceptable. PUBLIC COMMENTS Ms. Lois Mitchell of 918 Harris Street spoke on behalf of Duryee AME Church. She stated that the church is very upset to see the re-opening of the liquor store. She explained that the customers often go inside to buy liquor and then sit outside and drink it and harass church members and others walking by, particularly girls and young women. She stated that the Pastor  lives behind the church and the congregation is tremendously worried about her because there are many burglaries and street attacks in the area. Leonard Van Slyke, church member, also spoke against the liquor store reopening, stating that when it was previously in operation every day there were broken bottles and other debris left all over their property. Gregory Davenport, President of the Church Board of Trustees, also spoke in opposition to the liquor store re-opening, echoing the previous speakers’ concerns. The Reverend Ruby J. Smith, Pastor, spoke in opposition to the liquor store re-opening, stating that it has a negative impact on the entire surrounding community. Ms. Anna Fulton, church member and resident of 987 Main Avenue, also spoke in opposition to the liquor store re-opening. Domani Farley, church member, spoke in opposition to the liquor store re- opening and stated that the store has a negative impact on the neighboring community, which is a vulnerable one. Ms. Primiano stated that it was her recommendation to table the proposal. She stated that a liquor store is an allowed use of the property, but the business has not yet been granted a license by the State Liquor Authority and she believes that the State might have concerns that will also need to be addressed. Ms. Primiano asked Mr. Alsayid what he plans to do to combat loitering in front of the store. Mr. Alsayid stated that the previous owner allowed loitering but that he will ask the offenders to leave and if they do not he will call the police. Ms. Primiano asked if he will be selling alcohol at he grocery store. Mr. Alsayid stated that he will not. Ms. Primiano stated that Mr. Alsayid is currently operating without permission and the violations on the property need to be addressed immediately. She asked if he has much business after 11 pm. Mr. Alsayid stated that he does not. Ms. Primiano stated that she would recommend an earlier closing time for the business. She explained that all existing violations on the site must be corrected before any application for site plan approval can be considered. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Lewis, to table the application. Motion carried unanimously. G. ABDUL REHMAN requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a hookah lounge at 129 S. Brandywine Avenue, tax parcel # 49.50-5-32, located in a “C-2” Mixed Use Commercial District. Abdul Rehman, his brother, and his attorney, Connor Brownell, presented the proposal. Mr. Brownell stated that this is a change in tenancy review, as his client purchased an operating business and plans to continue to operate it as a hookah lounge. He stated that his client has made great efforts to clean up the property, including in the rear area, and that he plans to stripe the parking lot. City Planner Primiano stated that when she had visited the property the previous week there was trash everywhere. She stated that the property is not in compliance with the previous site plan approval, which included paving the lot, installing landscaping, and cleaning up the warehouse areas. She noted that an illegal banner sign remains on the property, and that the dumpster is not enclosed to code. City Planner Primiano asked the applicant what role Tony Francis plays in the business. Mr. Brownell stated that he has absolutely no role currently; he explained that Mr. Francis once owned the business and he sold it to another party who sold it to his client. Mr. Brownell stated that Mr. Francis lives on the property and is currently in the process of being evicted. Ms. Primiano stated that Mr. Francis had been at City Hall earlier on the day of the meeting and had claimed to be a silent partner in the business, which she explained would complicate things for Mr. Rehman because Mr. Francis has some unresolved issues with the City. Mr. Brownell replied that what Mr. Francis told her was 100% untrue and that he has been doing everything he can to remain living on the property rent-free. Ms. Primiano asked how Mr. Rehman plans to prevent his customers from parking in the tenant parking. Mr. Rehman stated that he will put up signs identifying which parking is for tenants only. Commissioner Wallinger stated that she had reviewed the property and finds it in very poor condition. She added that the previous non-complying site plan issues must be rectified before the Commission can consider the proposal, and that ideally the Commission would like the property owner to appear before them to address these concerns. Commissioner Wallinger explained that whatever tenant the property owner wants to rent to will need site plan approval, which would bring up the same issues. The Commissioners agreed. Ms. Primiano noted that every year the taxes on the property are paid late, which would put Mr. Rehman in danger of losing his license to operate his business. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Wilson, to table the application.  Motion carried unanimously. VII. OLD BUSINESS A. THE COMMUNITY BUILDERS requests an amended site plan approval to reduce the height of the midrise building from seven to five stories City Planner Primiano explained that due to the high cost of the steel and aluminum framing necessary for a seven-story building, The Community Builders had contacted her and asked that the Commission review revised elevation drawings for the building with only five stories, which could then be built as a wood-frame structure. The Commissioners discussed the change and concluded that they found the new design more favorable and more in keeping with the scale of its immediate surroundings. AMENDED SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Wilson, to approve the amended site plan as submitted. Motion carried unanimously, with Commissioner Wallinger abstaining. IX. MISCELLANEOUS None. X. MOTION TO ADJOURN Motion by Commissioner Ferro, seconded by Commissioner Wilson, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 8:53 p.m.