Planning Commission

City of Schenectady Planning Commission Meeting Minutes June 20, 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; Rachael Ward, Deputy Corporation Counsel EXCUSED: Julia Stone; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Bailey, to accept the Minutes of the May 16, 2018 meeting as submitted. Motion carried, with Commissioner Healey absent from the vote. V. NEW BUSINESS – CONSENT AGENDA A. MICHELLE FLANDERS requests site plan approval pursuant to Schedule A and Section 264-105 of a proposal to operate a periodontal dental practice at 1339 Union Street, tax parcel # 39.84-2-52, located in an "R-2" Two Family Residential District. Gordon Furlani of CBRE Realty appeared before the Commission. PUBLIC COMMENTS Frank Putorti, Jr. owner of a neighboring Union Street law office, submitted a note in favor of the proposal. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Ferro, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT APPROVAL Motion by Commissioner Beach, seconded by Commissioner Healey, 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 address will remain displayed so that it is easily visible from Union Street. 2. The property is in a Historic District. All changes to the exterior of the building and the surrounding property require prior approval by the Historic District Commission. 3. The sign is approved as submitted with the condition that only the name on the sign is changing. If any other element on the sign is to change, it will require prior approval by the Historic District Commission. 4. Two street trees will be added to the property. The trees will be a minimum caliper of 2.5 inches, and the City Planner will approve the size, location, and species of the trees prior to planting. The trees will be planted before the office is opened. Motion carried unanimously. B. CARLOS VELASQUEZ requests site plan approval pursuant to Section 264-90 M of a proposal to operate a barber shop at 1813 Van Vranken Avenue, tax parcel # 39.35-3-20, located in a "C-2" Mixed Use Commercial District. Carlos Velasquez appeared before the Commission. Mr. Velasquez asked Commissioner Wallinger if he is responsible for replacing the sidewalks. Commissioner Wallinger explained that it is the property owner’s responsibility to maintain the sidewalk, and that he will have to work out with the property owner who will cover the expense. Commissioner Wallinger reminded Mr. Velasquez that prior to purchasing or installing the sign he should submit a professional sign drawing to the City Planner for review and approval.  PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Ferro, seconded by Commissioner Healey, to accept the proposal with the following conditions: 1. The address will remain displayed so that it is easily visible from Van Vranken Avenue. 2. Metal roll gates and iron bars will not be installed on any windows or doors at any time in the future. 3. Parking on the sidewalk and loitering has been an issue in the past. The applicant is required to keep the sidewalk clear at all times. 4. The sidewalk is in poor condition and needs to be replaced. The sidewalk will be replaced to City standards by September 1, 2019. A permit from Code Enforcement in Room 17 is required. 5. The existing planter boxes will remain, and plantings will be installed in the boxes. Evergreen shrubbery will be added in addition to perennial and annual plantings. 6. The sandwich board sign is permitted, but it must be placed adjacent to the planter box and brought in to the business daily at closing time. 7. A permanent sign must be installed by August 1, 2018. The applicant will submit a professional drawing of the sign to the City Planner for review and approval prior to the purchase and installation of the sign. Motion carried unanimously. C. O’REILLY AUTOMOTIVE ENTERPRISES, LLC requests an extension of the site plan approval issued in July 2017 to construct a new building for an automotive parts retail sales facility at 1727 State Street, tax parcel # 60.30-1-31, located in a "C-5" Business and an “R-1” Single Family Residential District. Joshua O’Connor of Bohler Engineering appeared before the Commission. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Ferro, seconded by Commissioner Healey, to accept the proposal with the following conditions from the July 19, 2017 approval: 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. Customers are prohibited from working on vehicles in the parking lot.  4. A final revised site plan will be submitted to the City Planner for approval. The site plan will include a lighting plan, details of the curb cut closures, revised elevation drawings showing the enlarged and extended cornice, and the discussed changes to the parking lot and landscaping. 5. If at any time during construction changes to the approved plan become necessary, the applicants will return to the City Planner for review. If the changes are determined to be significant, the applicants will return to the Planning Commission for amended site plan approval. Additionally, a new condition is added to this extension of site plan approval: 6. The City reserves the right to withhold the issuance of the Certificate of Occupancy if the development is not completed in accordance with the approved site plan. Motion carried unanimously. VI. 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. Scott Shearing of Bohler Engineering presented the proposal. Mr. Shearing reviewed the site plan and pointed out the revisions that had been made since the last presentation. He explained that the drive aisle between the building and the sidewalk will be stamped concrete, with a crosswalk and a stop line. He also noted that they are proposing a landscaped fence between the drive lane and the sidewalk. Commissioner Wallinger asked the Commissioners if they had any comments on the proposed revisions. Commissioners Beach and Lewis stated that they are happy with the final proposal. Commissioner Wallinger stated that she is disappointed that the driving lane between the café and the sidewalk will remain, and feels that the site could be much more pedestrian friendly. She noted that the landscaping along the fence seems to hide the building rather than soften the driving lane. Mr. Shearing stated that the scale of the plantings shown in the elevations is not correct and they will not be higher than three to four feet. Commissioner Wallinger noted that as proposed the pedestrian access does not line up with the front door of the store, and stated that she doubts that people will use the crosswalk but rather cross diagonally to have the most direct route to the store entry point. She asked if the applicants had considered installing a speed table to delineate the aisle more clearly as being one where traffic needs to slow down considerably. Mr. Shearing stated that a speed table would most likely create other issues with the curb levels and access to the store. Commissioner Lewis stated that he is very pleased with the design, and believes that the pedestrians will be able to figure out how to navigate the site safely. He stated that at Thruway rest stops there are many people crossing the drive lane to access the buildings and they are aware of how to stop and look for a safe time to cross. Commissioner Ferro agreed. Commissioner Wallinger pointed out that this site is in the downtown district of a city and it is not a Thruway rest stop, and she would hope that people would be encouraged to access the site on foot, unlike at a Thruway rest stop where they would have obviously traveled by car to get there. Commissioner Wallinger asked if the applicants might consider an opening in the fence to line up with moving the crosswalk more directly in line with the store entrance to provide more direct access to the entry. Mr. Shearing stated that they would be willing to do so, if the Commission understands that the crosswalk and stop line would be asphalt and not the stamped concrete. He stated that the stamped concrete would not maintain paint as well and the necessary markings would not be as visible. Commissioner Wallinger asked that the opening in the fence be at least seven feet wide to as to appear more obvious to pedestrians and more in scale with the site. Mr. Shearing agreed. He stated that the stop line would remain at the intersection of the aisle and the parking lot, but a crosswalk sign explaining that drivers must yield to pedestrians could be added to the actual crosswalk area. The Commissioners agreed that this would be an acceptable revision. PUBLIC COMMENTS Ray Gillen, Chair of Metroplex Development Authority, spoke in favor of the proposal, stating that the business is the best use for the site and that it will be a very welcome addition to the neighborhood. SEQR RESOLUTION The Board of Zoning Appeals acted as lead agency for this proposal. A Negative Declaration was issued at the June 6, 2018 meeting of the Board. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Ferro, to accept the proposal with the following conditions: 1. The address must be prominently displayed so that it is easily visible from Erie Boulevard.  2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The City reserves the right to withhold the Certificate of Occupancy if the proposal is not constructed in accordance with the approved site plans. 4. The lot line adjustment must be completed and filed with the City Clerk prior to the issuance of any building permits. 5. If at any time during the construction it is deemed necessary to make any changes to the proposal, the applicant must notify the City Planner of the changes. If the changes are significant they will require the approval of a revised site plan by the Planning Commission. 6. The City Engineer must approve all site utilities and submit City standard restoration details. 7. The City Engineer must issue final approval of the Storm Water Pollution Prevention Plan prior to the issuance of building permits. 8. A Certificate of Use must be obtained prior to the opening of the business. 9. As discussed at the meeting, the pedestrian crosswalk will be moved closer to the building entrance and a seven-foot-wide opening will be made in the fence to allow for easier pedestrian access to the front of the store. A revised site plan showing the agreed upon changes will be submitted to the City Planner for final review and approval. Motion carried unanimously. B. THE SCHENECTADY BOYS AND GIRLS CLUB requests site plan approval pursuant to Section 264-90 G of a proposal to construct a new after school program facility on Education Drive, tax parcel #49.56-4-1, located in a "I" Institutional District. Roger Keating of The Chazen Companies and Michael Szemansco of Synthesis Architects presented the proposal. Mr. Keating reviewed the site plan and pointed out some of the revisions, as suggested last month by the Commissioners, that have been added to it. He explained that additional landscaping had been added as well as numerous shade trees along the driveway and the edge of the parking lot. Mr. Szemansco reviewed the elevation drawings, and explained that they are working with the Boys and Girls Club to ensure that the building has a strong architectural presence that will communicate the importance of the facility within the community. He pointed out that the front of the building will be faced with metal panels and brick, while the sides, which will not be very visible, will be a stucco over concrete with EFIS on the higher floors. Commissioner Wallinger asked if there will be direct access from the building to the adjacent Quackenbush Park. Mr. Keating stated that the building will  be surrounded by a sidewalk which will link to a sidewalk leading to the park. Commissioner Wallinger asked if any consideration had been given to giving a bit more interest to the back of the building, which will face the park. Mr. Szemansco responded that they had considered it and even thought of putting an additional sign on the rear wall, but that they have been working with the State Historic Preservation Office (SHPO) to design the building to complement and not compete with the two nearby schools, one of which is on the National Historic Register and the other of which is in the process of applying for the designation. He explained that SHPO had encouraged them to have the rear of the building be as unobtrusive as possible. Commissioner Wallinger suggested perhaps a small wayfinding sign on the building or nearby, so that visitors to the Park or building would have a clear idea of how to access one location from the other. Mr. Szemansco agreed, stating that a small post sign directing visitors coming in from Forest Road would probably be more effective than a sign on the rear of the building. The Commissioners agreed. SEQR RESOLUTION The Schenectady City Council acted as lead agency for this proposal. A Negative Declaration was issued at the May 29, 2018 meeting of the Council. 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 Education Drive. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The City reserves the right to withhold the Certificate of Occupancy if the proposal is not constructed in accordance with the approved site plans. 4. A written agreement or easement will be drafted to allow proper access to the City’s bath house adjacent to this site. 5. If at any time during the construction it is deemed necessary to make any changes to the proposal, the applicant must notify the City Planner of the changes. If the changes are significant they will require the approval of a revised site plan by the Planning Commission. Motion carried unanimously. C. DAVID MONTY requests site plan approval pursuant to Section 264-90 M of a proposal to operate a thrift store at 810 Crane Street, tax parcel # 49.46-5-29.1, located in a “C-2” Mixed Use Commercial District.  David Monty presented the proposal. Mr. Monty stated that he had received the staff report pertaining to his application but that he does not believe that it is his responsibility to fix the problems identified within it. He stated that he does not own the building and he does not believe that the building’s owner, John Marcella, is willing to address the issues. Commissioner Wallinger explained that Mr. Marcella should be aware that if he wants to rent this space to anyone the whole property will have to be brought into compliance or the same issues will continue to be an obstacle. Mr. Monty responded that he has invested a large amount of time and money in his business and believes that he is providing a needed service to the community by offering lower-cost household items and furniture. Commissioner Wallinger repeated that any business occupying this space would have to deal with the same issues, and explained that the Commission cannot consider granting site plan approval when there are outstanding code violations on a site. An unidentified woman accompanying Mr. Monty stated that they would speak to Mr. Marcella and explain the situation to him. MOTION TO TABLE Motion by Commissioner Ferro, seconded by Commissioner Healey, to table the proposal due to outstanding violations on the site. The following violations must be addressed prior to further review: 1. The applicant must apply for a Secondhand Dealer’s License and a Certificate of Use. 2. All code violations on the property must be remedied. 3. The projecting sign will either be removed in its entirety or a revocable permit application will be submitted to the Engineering department. 4. The grass must be cut and maintained. 5. The applicant will prepare a landscaping plan for consideration by the Planning Commission. 6. A professionally prepared proposal for a permanent sign must be submitted for approval prior to the purchase and installation of the sign. 7. The applicant will apply for a permit to occupy the sidewalk with merchandise. Motion carried unanimously. D. BALRAM PERSAUD requests site plan approval pursuant to Section 264-90 M of a proposal to operate a banquet facility at 1090 Crane Street, tax parcel #’s 49.55-2-17, located in a “C-2” Mixed Use Commercial District. Matthew Sgambettera appeared before the Commission.  Mr. Sgambettera stated that his client had received the City Planner’s staff report and would agree with tabling the proposal. Commissioner Wallinger stated that Mr. Persaud should submit plans for the parking lot and landscaping. The Commissioners agreed. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Lewis, to table the proposal to allow the applicant the opportunity to develop a professionally prepared plan for the parking lot, as well as to formulate a landscaping plan which will include two street shade trees. The plan must comply with the City zoning regulations. Motion carried unanimously. E. AMERICAN REDEMPTION CENTERS LTD. requests site plan approval pursuant to Section 264-90 M of a proposal to operate a bottle redemption center at 855 Crane Street, tax parcel # 49.47-3-43, located in a “C-2” Mixed Use Commercial District. Matthew Sgambettera presented the proposal. Mr. Sgambettera explained hat this will be his client’s third location in the area. He stated that this will be a smaller satellite location, and that their larger processing and warehouse center is located on Broadway. He noted that there will be a dumpster on site but that the business will not generate much waste; he also noted that for security reasons all bottles and cans are always stored inside. Mr. Sgambettera stated that bottles and cans will be picked up by a box truck once or twice a week and will be delivered to the Broadway location, but no larger trucks will be accessing the site. Commissioner Wallinger explained that because there are residential units on the property as well as the business a total of 10 parking spaces is required. Mr. Sgambettera stated that they are investigating having a shared parking agreement with one of the neighboring businesses. Commissioner Wallinger stated that the Commission always encourages such agreements, but if they are unable to reach one they will have to apply for a variance for the parking. Mr. Sgambettera stated that they understand. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Ferro, 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 Crane Street. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The dumpster must be enclosed according to City code. The applicant will submit a plan for the dumpster enclosure to the City Planner for approval prior to August 1, 2018. 4. The applicant will submit to the City Planner a shared parking agreement or obtain a parking variance from the BZA prior to the opening of the business. The onsite parking will be striped, as approved by the City Planner, prior to the opening of the business. 5. The applicant will submit to the City Planner for approval a landscaping plan showing two planters in the front of the store and a landscaped buffer at the entrance to the parking area. The planters will be planted and maintained throughout the year. The landscaping plan must be submitted by July 31, 2018, and the landscaping must be installed by August 31, 2018. 6. A building permit is required to install the sign. 7. A Certificate of Use is required to operate the business. Motion carried unanimously. F. JAMES DEFALCO requests site plan approval pursuant to Section 264- 90 M of a proposal to operate a gym and a restaurant at 237-245 State Street, tax parcel # 39.71-2-18, located in a “C-4” Downtown Commercial District. James DeFalco presented the proposal. Mr. DeFalco distributed new photographs of the site, a copy of the City Planner’s staff report with his rebuttals inserted, and a highlighted copy of portions of the City zoning code which he stated supported his arguments. There was discussion as to whether there were one or two applications being considered. Mr. DeFalco stated that the had submitted two separate applications, one for the gym/café/grocery store and another for the pizza restaurant. The Commissioners’ position was that they had only been given the former application to consider. Mr. DeFalco produced a copy of the first page of the pizza restaurant application and insisted that it should be considered and acted upon at the meeting as well. As the discussion developed it became clear that without the input of Planning staff no conclusions could be reached regarding what would be considered allowable signage and materials on the site. Counselor Ward stated that it was her legal opinion that the application should be table and no further action taken until more information could be made available to the Commissioners. Mr. DeFalco stated that he saw no reason his proposal could not be acted  upon, stating that in the past his proposals had been tabled for many months without warrant. Counselor Ward later informed the Commissioners that the previous proposals had not been acted upon because Mr. DeFalco was involved in active litigation with the City regarding this property. The Commissioners agreed that no further action should be taken until the many outstanding issues relating to allowable signage and materials and the other missing application could be clarified. MOTION TO TABLE Motion by Commissioner Healey, seconded by Commissioner Ferro, to table the application. Motion carried unanimously. VII. 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. Commissioner Wallinger stated that the container has still not been removed from the site and thus City Planner Primiano had advised Mr. Martel that it was not necessary that he attend the meeting, as no further action could be taken on the application. Deputy Corporation Counselor Ward recommended tabling the proposal until the July 2018 meeting. MOTION TO TABLE Motion by Commissioner Bailey, seconded by Commissioner Ferro, to table the application. Motion carried unanimously. B. 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 and the building owner presented the proposal. Commissioner Wallinger noted that she had driven by the site prior to the meeting and observed that most of the litter had been cleaned up. She also noted that two trees had been planted but they are not of sufficient size to survive in that environment. Mr. Rehman explained that they are doing their best to clean up the site but have been having problems with the building’s  former owner, who is currently living in an RV on the site without permission. The current building owner stated that he is in the process of having the former owner evicted. He also stated that he plans to pave the parking lot, but asked for some additional time to have the project completed. Commissioner Wallinger asked if he could have the paving and striping of the lot completed by August 30, 2018. He stated that this would be reasonable. Commissioner Wallinger stated that since the applicant is making a good faith effort to address the issues on the site she would support granting conditional site plan approval to allow him to continue to move forward with his business as improvements are being completed. 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 be prominently displayed so that it is easily visible from S. Brandywine Avenue. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. A detailed exterior renovation plan for the rear warehouse will be submitted to the City Planner by June 30, 2018. The plan will show proposed materials and colors and when the work will be completed. 4. All outstanding code violations will be addressed and remedied by June 30, 2018. 5. A plan for the parking lot striping and dumpster enclosure will be submitted to the City Planner by June 30, 2018. The parking lot will be paved and striped by August 30, 2018. 6. A revised landscaping and lighting plan will be submitted to the City Planner by June 30, 2018. The plan will be implemented by July 31, 2018. 7. The two trees recently planted on the property are most likely of insufficient size to survive and will be replaced by trees with a minimum 2.5” trunk diameter. The trees will be replaced by July 31, 2018. Motion carried unanimously. IX. MISCELLANEOUS A discussion of site plan approval compliance and the issuance of Certificates of Occupancy was postponed until the July meeting due to City Planner Primiano’s illness and Corporation Council Falotico’s inability to attend the meeting. X. MOTION TO ADJOURN Motion by Commissioner Healey, seconded by Commissioner Ferro, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 9:45 p.m.