Planning Commission

City of Schenectady Planning Commission Meeting Minutes June 19, 2019 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:39 p.m. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Ryan Bailey; Randall Beach; Kimberly Case; Richard Ferro; Jason Bogdanowicz- Wilson; Christine Primiano, Principal Planner; Andrew Koldin, Assistant Corporation Counsel EXCUSED: Andrew Healey III. CONFLICT OF INTEREST CHECK Commissioner Beach recused himself from the consideration of New Business (Continued) Item D, the Church Street LLC application. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Beach, seconded by Commissioner Bailey, to accept the Minutes of the May 15, 2019 meeting as submitted. Motion carried unanimously. V. NEW BUSINESS A. NOAH SMITH requests site plan approval pursuant to Section 264- 90 M of a proposal to renovate and construct a retail store at 116 Jay Street, tax parcel # 39.72-2-2.13, located in a “C-4” Downtown Commercial District. Noah Smith appeared before the Commission. Upon reviewing the suggested conditions for approval, Mr. Smith stated that he has concerns about adding planters to the front of the building as they might obscure the view into the space that will be provided by the new glass storefront. Commissioner Bailey stated that because there is so much concrete in front of the building, he believes that some greenery is necessary to break up the hardscape’s visual impact. The Commissioners agreed. Commissioner Wallinger stated that the planters can be placed in such a manner as to not obscure any of the window views. The Commissioners and the applicant briefly discussed the possible future roof deck that is shown in the elevation drawings. Commissioner Wallinger noted that the roof deck is allowed under City code, but Mr.  Smith would have to return to the Commission for further review before constructing the deck. Mr. Smith stated that he understood this. PUBLIC COMMENTS Ray Gillen of Metroplex Development Authority spoke in favor of the proposal. Mr. Gillen stated that the building had been vacant and in disrepair for many years and Mr. Smith had gone to great lengths to rehabilitate it. He added that Mr. Smith had successfully renovated other buildings throughout the City and has acquired a reputation for producing high-quality projects. Seeing no further members of the public who wished to speak Commissioner Wallinger closed the public hearing portion of the meeting. 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 Jay Street. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The owner will notify the City Planner when the tenant is known. If fit-up for the new tenant requires any modification to the exterior of the building other than signage, the owner must return to the Planning Commission for revised site plan approval. 4. Since there is not any green space on the property, the owner will provide window box planters or freestanding planters at the entrance to the building. Planter details must be submitted to the City Planner for approval prior to installation. Motion carried unanimously. B. FANEZA RAMDASS requests site plan approval pursuant to Section 264-90 M of a proposal to operate a wine and liquor store at 837 Eastern Avenue, tax parcel # 39.82-3-17, located in the “C-2” Mixed Use Commercial District. Faneza Ramdass and her husband Terry appeared before the Commission. Ms. Ramdass gave a brief explanation of the proposal. She stated that she and her husband own the building and have always wanted to have their own business, so they chose a liquor store because they believed they could have minimal employees and shorter business hours, since they have a young family. Commissioner Wallinger noted that on the application the proposed business hours are 9 a.m. to midnight. Ms. Ramdass stated that they were asking for the maximum hours they thought they would ever want to be open, but currently they would seek business hours of 10 a.m. to 8 or 9 p.m. City Planner Primiano explained that because there are outstanding code violations on the property the Planning Commission cannot move forward with any further consideration of the project. She stated that once the violations are corrected the applicants should submit a site plan showing their detailed plans for the exterior of the property, including paint colors and a garbage storage plan. PUBLIC COMMENTS Donald Liebers of Morris Avenue spoke on behalf of Bob Harvey, the President of the Eastern Avenue Neighborhood Association, in opposition to the project. Dr. Liebers read a statement and comments from the neighbors which all expressed their concerns about having another liquor store in the neighborhood, when they believe that the property could potentially be used in a more beneficial way. Commissioner Wallinger stated that the liquor store is an allowed use in this zoning district and that while the Commission has the authority to regulate site plan issues such as hours of operation and exterior lighting and security, etc., they cannot say that a liquor store cannot be opened at the site. She urged Dr. Liebers and others who are opposed to the liquor store to speak to the City Council about requiring more regulation of this particular use. Seeing no further members of the public who wished to speak Commissioner Wallinger closed the public hearing portion of the meeting. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Ferro, to table the proposal for the following reasons: 1. The building façade is painted several different colors and consists of several different building materials. The applicant must present a plan to improve the condition of the front façade. 2. Additional information is needed regarding the garbage area and a plan for garbage storage. 3. The following code violations exist and must be corrected prior to further consideration by the Planning Commission: 1) Hazardous conditions at the building entrance/basement hatch in sidewalk. 2) Illegal banner hanging on side of building (Zoning code violation).  3) The 2nd floor broken window with plastic and a vent pipe is a Building Code Violation. Motion carried unanimously. C. ANTHONY PIGLIAVENTO requests site plan approval pursuant to Section 264-90 M of a proposal to operate a glass and smoke shop at 1675 Broadway, tax parcel # 49.45-1-19, located in a “C-2” Mixed Use Commercial District. Anthony Pigliavento appeared before the Commission. Mr. Pigliavento gave a brief explanation of the proposed business. City Planner Primiano stated that prior to any further consideration by the Planning Commission Mr. Pigliavento must obtain the necessary variances from the Board of Zoning Appeals. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Case, seconded by Commissioner Bailey, to table the proposal because the following variances are required in order to proceed: 1. An area variance is needed to allow for 2 residential units and 2 commercial units. The minimum required lot area for this proposal is 8,500 square feet. The size of this property is 3,990 square feet. 2. There are 3 legal onsite parking spaces and 2 street parking spaces. A total of 7 parking spaces is required for this proposal. 3. Pursuant to Chapter 264, Schedule C the property must be 20% pervious. There currently is less than 10% pervious surface area. Motion carried unanimously. D. UPSTATE NY BOTTLE & CAN RETRIEVAL CENTER, LLC requests site plan approval pursuant to Section 264-90 M of a proposal to operate a bottle and can redemption center at 1905 Broadway, tax parcel # 48.60-1-4, located in a “C-2” Mixed Use Commercial District. Jeremy Stambovsky appeared before the Commission. Mr. Stambovsky explained that his company runs redemption centers across the State, and their reputation is to have clean, attractive facilities that make a positive contribution to the surrounding community. He added that they also give back to the communities where they are located through a variety of charitable works. City Planner Primiano noted that the sign as proposed is too large and also must be relocated. She added that she would work with the applicants to bring the sign design into compliance and to figure out the best location for it. She reminded Mr. Stambovsky that there may be no outdoor storage of bottles and cans. It was determined that Ms. Primiano would review and approve the final revised site plans showing the changes discussed at the meeting. PUBLIC COMMENTS A letter of opposition from Cavoli’s Grinding Inc., located nearby on Broadway, was entered into the record. Seeing no further members of the public who wished to speak Commissioner Wallinger closed the public hearing portion of the meeting. SITE PLAN APPROVAL Motion by Commissioner Beach, 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 Broadway. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. Parking spaces 9-12 are located within the City right of way and are not permitted. 4. Pursuant to Section 264 Schedule C, 20% of the lot must be pervious. The applicant will work with the City Planner to develop a plan that removes asphalt to create a large green space with 2 street trees and shrubbery surrounding the sign at the triangular corner of the property. The landscaping will be installed by October 1, 2019. 5. The existing sign structure is prohibited. Pursuant to Section 264- 61, the sign is too tall and is located in or too close to the City right of way. All signs must be located at least 20 feet away from the intersection of the curb lines and set back at least 3 feet from the sidewalk. The maximum height for the sign is 7 feet tall. A revised sign proposal will be submitted to the City Planner for final approval prior to the fabrication and installation of the sign. 6. The asphalt sidewalks are not permitted and cannot be repaired. When repairs to the sidewalks are needed, they must be replaced with concrete, according to City standards. 7. Bottles and cans may not be stored outside at any time.  Motion carried unanimously. VI. OLD BUSINESS A. KRISTINE MOORE requests site plan approval pursuant to Section 264-90 M of a proposal to operate a secondhand retail store at 2153 Van Vranken Avenue, tax parcel # 39.28-1-1.1, located in a “C-2” Mixed Use Commercial District. Kristine Moore presented the proposal. Ms. Moore explained that she has been working with her landlord to secure a contractor to make the necessary garage repairs. She also stated that she is in the process of securing the names of neighbors who would like to apply for the new City sidewalk programs, but the process is ongoing. She shared a letter that she had sent to the surrounding neighbors explaining the program and asking for their support. The landscaping in front of the building was also discussed. Ms. Moore stated that due to the location of water lines in front of the building it would not be possible to remove the asphalt and plant grass. Commissioner Wallinger commented that water lines are usually buried quite deep, but she would have no objection to additional planters being added to the front of the building instead. The Commissioners agreed and placement of the planters was discussed. Commissioner Wallinger reminded Ms. Moore that while the resolution of the new sidewalk plan was being formulated no new asphalt may be added to the front of the site. Ms. Moore stated that she understood. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Bailey, to accept the proposal with the following conditions: 1. The garage will be repaired by September 1, 2019. 2. The applicant will install four planters in front of the building as discussed at the meeting. The applicant will submit the final planter plan to the City Planner for final approval prior to installation. 3. The applicant is in the process of applying for the City sidewalk program. Should the program not move forward with sidewalk replacement on this property the applicant will return to the City Planner with an alternate sidewalk plan. The asphalt that is  currently covering the sidewalk area may not be repaired or replaced. Motion carried unanimously. B. CROSSTOWN PLAZA SC requests site plan approval pursuant to Section 264-90 I of a proposal to construct a 5,300 sf Urgent Care Facility at 2330 Watt Street, tax parcel # 59.36-1-19.2, located in a “C-5” Business District. Chris Boyea of Bohler Engineering and Kevin Correia, in-house architect for Convenient MD, presented the proposal. Mr. Boyea reviewed the revised site plan and pointed out the changes that had been made according to the Commission’s comments at the May meeting. He passed around a sample of the proposed burgundy roof color, and the Commissioners and the applicants discussed the color scheme and materials of the building. It was decided that the lighter body of the building could be made to closely match the trim color of the Plaza, and the stone pillars could echo the dark gray color of the Plaza. Mr. Boyea asked that the Commission could communicate to the Board of Zoning Appeals that due to this unique setting the Commission supports the issuance of variances for the third and fourth signs. The Commissioners indicated that they would have no objection to doing so. PUBLIC COMMENTS Ray Gillen of Metroplex Development Authority spoke in favor of the proposal, stating that the urgent care company has an excellent reputation for having a positive impact on any community in which they are located. Seeing no further members of the public who wished to speak Commissioner Wallinger closed the public hearing portion of the meeting. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Lewis, to adopt 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 all sides of the building.  2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The building will have a cream-colored body to match the trim color on the shopping center. The roof will be the burgundy color shown at the meeting, and the stone trim will be dark gray to echo the dark gray used on the plaza. The applicant will submit final colors and materials to the City Planner for final approval and for the record. 4. The Planning Commission will issue a waiver regarding the faux second story at the corner of the building that does not have 35% window area. The applicant will need to seek an area variance from the Board of Zoning Appeals. 5. The Planning Commission will issue a waiver for the absence of at least 60% window and transparent door area on the front and side of the building. The applicant will need to seek an area variance from the Board of Zoning Appeals. 6. Two attached signs are allowed. The applicant will need an area variance from the Board of Zoning Appeals to allow for the third and fourth signs. The Planning Commission supports the use of the two additional signs on this site due to its unique location and setting. 7. Prior to the beginning of construction final site plans showing all discussed revisions will be submitted to the City Planner for approval. If during the course of construction any changes to the approved plans become necessary the applicant will return to the City Planner, and if the changes are deemed considerable to the Planning Commission, for revised site plan approval. Motion carried unanimously. VII. NEW BUSINESS - CONTINUED A. JOHN DE AUGUSTINE requests a special use permit pursuant to Section 264-61 I of a proposal to install an electronic message board at 2345 Maxon Road Extension, tax parcel # 30.83-1-2.111, located in an “M-1” Light Manufacturing and Warehousing District. Lance Geda, CFO for The Daily Gazette, presented the proposal. The size and design of the proposed sign was briefly discussed. City Planner Primiano noted that because the building has multiple commercial tenants the sign could be larger than she had initially assumed, but it still needs to be lowered to the maximum allowed seven- foot height. It was determined that the base of the sign should be widened slightly to give it a more grounded appearance, and that the final pans would be submitted to Ms. Primiano for approval. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Wilson, seconded by Commissioner Case, to adopt the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT APPROVAL Motion by Commissioner Beach, 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. In no case shall the message change at a rate greater than once every eight seconds. 2. Electronic message boards must have automatic dimming capabilities. Each message board must be equipped with a photocell that detects ambient light and automatically adjusts brightness levels accordingly. 3. Nighttime brightness settings for electronic message boards are limited to a maximum of 5% of the daytime brightness setting. 4. Transitions between messages are limited to one second. 5. If the electronic message board is located on a lot that is adjacent to a residential zone, the message portion of the sign must remain static between the hours of 9 p.m. and 7 a.m. 6. The applicant must be willing to participate in emergency alerts, driving bans, school closings, police emergencies, and Amber Alerts, as well as general community service messaging. 7. If an electronic message board is on display on the property, there will be no display of temporary signage, portable signs, A-frame signs, or banners.  8. The applicant will submit a letter to the City Planner for the record from the sign manufacturer stating that the sign is capable of complying with the above proposed conditions. 9. The maximum allowed height of the sign is 7 feet. The applicant will submit a final revised design showing the reduced height of 7 feet and the wider brick sign base discussed at the meeting to the City Planner for final approval prior to the purchase and installation of the sign. Motion carried unanimously. B. SHERIDAN PLAZA ASSOCIATES requests site plan approval pursuant to Section 264-90 G and J and a special use permit pursuant to Schedule B for a proposal to open a Walgreen’s Pharmacy and construct a drive-through window and canopy at 1344 Gerling Street, tax parcel # 40.37-4-6, located in a “C-2” Mixed Use Commercial District. Zell Cantrell of Galloway Associates presented the proposal. Mr. Cantrell noted that he has speaking on behalf of his client, Walgreens, and could not make any statements on behalf of the owners of Sheridan Plaza. Mr. Cantrell briefly explained the proposal, which is for a small drive- thru pharmacy at one end of the Plaza. He noted that there will be a small retail area inside, but the main focus will be on drive-thru pharmacy service. Mr. Cantrell stated that this is a relatively new concept for Walgreens. Commissioner Wallinger suggested that additional landscaping should be added in an island by the drive thru lane to help delineate the lane and add some pervious surface to the vast paved lot. Commissioner Case agreed. Mr. Cantrell stated that in his experience sometimes landscaped islands can produce more problems than they are worth. Commissioner Wallinger stated that this site is in grave need of additional green space and the island would serve that purpose as well as supporting the flow of the drive thru. The Commissioners agreed. The outstanding violations and condition of the shopping center were discussed. Commissioner Wilson stated that he would not support moving forward with any consideration of the proposal unless the outstanding site plan violations are addressed by the Plaza owners. He noted that this is the usual practice of the Commission and he does not feel that this site should be any different, particularly because it is large in size and significant to this neighborhood. Commissioner Beach stated that he would rather approve a proposal for the Plaza than have it remain  vacant and fall into greater disrepair. After further discussion it was determined before moving forward on any new proposal the owners of the Plaza should be required to appear before the Commission to address the outstanding violations and the general disrepair of the site. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Wilson, seconded by Commissioner Bailey, to table the proposal for the following reasons: 1. More information is needed regarding the addition of more landscaping, as discussed at the meeting. The Planning Commission would like the property owner to appear at the next meeting to discuss a timeline for other necessary upgrades to the Plaza and parking lot, both of which have lacked proper maintenance over the past several years. 2. The property is not in compliance with the following previous conditions of site plan approval. These conditions must be addressed prior to the issuance of any further site plan approvals. 1) Pursuant to Section 264-49 G, all dumpsters must be properly enclosed to City standards. A plan to install the enclosures must be submitted to the City Planner by June 1, 2017 and the enclosures must be completed by September 1, 2017. 2) Three street trees will be planted on the Gerling Street side of the property in the grass islands. The applicant will submit the type of tree to be planted and the exact locations to the City Planner for final approval prior to installation of the trees. The trees will be installed by September 1, 2017. Motion carried unanimously. C. STEWART’S SHOPS requests site plan approval pursuant to Section 264-90 G and J M of a proposal to construct a store and gas pumps at 1765-1773 State Street and 7 Corlaer Avenue, tax parcel #’s 60.39-1-31, 32, and 33, located in a “C-5” Business District. Marcus Andrews of Stewart’s Shops presented the proposal. Mr. Andrews reviewed the site plan and explained that as is the practice with Stewart’s the new building will be built before the existing shop is removed. The placement of the new store on the site was discussed at length. City Planner Primiano noted that because the site fronts on State Street the building should be oriented that way. Mr. Andrew explained that they had tried to orient the building to State Street using many different configurations, but they want to maintain the existing entrance and exit onto State Street since there is a traffic light there, and DEC regulations state that the gas pumps must be visible from the inside of the building. After additional discussion it was determined that an additional entrance, located on the State Street side of the building, would be added, and the landscaping on that side of the site would be slightly reduced to accommodate it. It was also decided that a sidewalk from the State Street sidewalk to the building would be added to help facilitate the pedestrian traffic flow. PUBLIC COMMENTS Andy Riordan of 4 Cromer Ave stated that he was concerned with maintaining the privacy in his yard and with some dangerous trees that are on the Stewart’s property but hang over his yard. His wife Jolene also spoke and echoed his concerns. Karen Maxiam of 9 Corlaer Ave also expressed concerns about privacy, dangerous trees on the Stewart’s site, and drainage issues. Robert and Gail King, whose house abuts the rear of the Stewart’s property, also expressed concerns about privacy and asked for more information regarding the timeline for the project. Mr. Andrews stated that a privacy fence would be put up on the perimeter of the property to maintain the residential neighbors’ privacy. He also noted that any dangerous trees would be removed, and that proper drainage controls are included in the site plan. Mr. Andrews stated that this project is on the 2020 construction plan for Stewart’s Shops. Seeing no further members of the public who wished to speak Commissioner Wallinger closed the public hearing portion of the meeting. SEQR RESOLUTION Motion by Commissioner Case, seconded by Commissioner Wilson, to adopt 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 remain 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 canopy and entrance will be added to the State Street side of the building, reducing the landscaping bed on that side.  4. The applicant must obtain an area variance for the rear setback that abuts residential property. 5. A sidewalk will be added to the State Street side of the parking lot to facilitate pedestrian movement from the sidewalk along State Street to the building. 6. Three street trees will be added to the State Street side of the site. Because the tree will be in the City right of way the approval of the City Engineer is required. 7. The lot line adjustment and lot consolidation must be submitted to the City Engineer for approval and once approved filed with the County Clerk. 8. The Certificate of Use for the business must be updated before the new building is opened for business. 9. Trash cans will be placed by the doors to the shop and the exterior will be swept clean daily so that it remains clear of litter and debris. 10. The sidewalks on Corlaer Avenue will be replaced with concrete according to City standards. 11. Prior to the beginning of construction, a final revised site plan showing all changes discussed at the meeting will be submitted to the City Planner for final approval. If during the course of construction any changes to the approved plans become necessary the applicant will return to the City Planner, and if the changes are deemed considerable to the Planning Commission, for revised site plan approval. Motion carried unanimously. D. CHURCH STREET LLC requests site plan approval pursuant to Section 264-90 M of a proposal to renovate the building to create classrooms and office space for an adult education facility at 110 South Church Street, tax parcel # 39.71-1-44, located in a “C-4” Downtown Commercial District. Bryan Lockman presented the proposal. Mr. Lockman reviewed the proposal for the site, which would be a new location for classes and programs for an existing non-profit. Plans for the building and parking lot were discussed. Because Mr. Lockman just recently became project manager for the project it was determined that conditional site plan approval could be issued so that work may begin on the project but Mr. Lockman would return to the July meeting with more detailed plans for the exterior building design, materials, and colors, as well as plans for the parking lot configuration and landscaping on the site.  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 South Church Street. 2. Metal roll gates and iron bars cannot be installed on any doors or windows at any time in the future. 3. The applicant will submit a professionally prepared sign proposal to the City Planner for final approval prior to purchase and fabrication of the sign. 4. The body of the building will be repainted one color by October 1, 2019. 5. The trim and cornice of the building will be repainted a color different from the body of the building by October 1, 2019. 6. Broken sidewalk panels will be replaced to City code by October 1, 2019. A permit must be obtained from the Engineering Department prior to replacing the sidewalks. 7. The applicant will submit more detailed plans regarding the dumpster enclosure. The plan must comply with Chapter 264-49 G of the Zoning code. The enclosure must be installed prior to the occupancy of the building. 8. All parking spaces must be delineated on the pavement prior to occupancy of the building. 9. Pursuant to Section 264-50 landscaping must be provided onsite. Since a buffer must be provided between the parking spaces and sidewalk, there is an opportunity to remove asphalt and plant grass and two street trees adjacent to the parking spaces. The landscaping must be installed prior to the occupancy of the building. 10. The applicant will provide details to the City Planner for final approval of a proper barrier at the perimeter of the parking lot prior to purchase and installation of the barrier. All fencing also requires a permit. 11. The applicant will return to the Planning Commission at the July 2019 meeting with details of the proposed façade design, including colors and materials, and a detailed landscaping and parking plan. The landscaping plan will include the addition of three street trees to the site. Motion carried unanimously, with Commissioner Beach recusing himself from the vote. VIII. MISCELLANEOUS  None. IX. MOTION TO ADJOURN Motion by Commissioner Wilson, seconded by Commissioner Ferro, to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 10:20 p.m.