Planning Commission

City of Schenectady Planning Commission Meeting Minutes December 16, 2020 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:05 p.m. Due to the closure of City Hall because of the Covid-19 Virus, the meeting was conducted online via WebEx. II. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Ryan Bailey; Richard Ferro; Andrew Healey; Jason Bogdanowicz-Wilson; Christine Primiano, Principal Planner; Andrew Koldin, Corporation Counsel; Jennifer Mills, Secretary EXCUSED: Randall Beach III. CONFLICT OF INTEREST CHECK None. IV. APPROVAL OF MEETING MINUTES Motion by Commissioner Ferro, seconded by Commissioner Lewis, to approve the Minutes of the November 18, 2020 meeting as submitted. Motion carried unanimously. V. NEW BUSINESS A. GLORIA HERMAN requests site plan approval pursuant to Section 264-90 F of a proposal to convert the café on the first floor of the building into two (2) residential units at 1712 Union Street, tax parcel # 50.39-2-10, located in a “C-2” Mixed Use Commercial District. Gloria Herman presented the proposal. The applicant explained that due to Covid-19 she was forced to close the café that she operated for many years on the first floor of the building. She stated that she would like to make two residential units on the first floor and has designed the units so that the space could be converted back to one large commercial unit in the future if she desires to do so. The Commissioners discussed the pergola in front of the building, which the applicant intends to keep, and determined that they have no objection to the pergola remaining.  PUBLIC COMMENTS Tom Carey, President of the Upper Union Street Neighborhood Association, spoke in favor of the proposal. He stated that while neighborhood residents are sad to see the café closed, they are confident that Ms. Herman will continue to maintain the building to the high standards that she has in the past. Seeing no further members of the public that wished to speak, Commissioner Wallinger closed the public hearing. SITE PLAN APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Wilson, to accept the proposal as submitted and with the following conditions: 1. The address will remain prominently displayed so that it is easily visible from Union Street. 2. Metal roll gates and iron bars will not be placed on any doors or windows in the future. 3. Once the café closes, the sign will be removed in its entirety. 4. All building permits must be obtained prior to doing any work on the building. 5. The applicant will obtain and maintain current rental certificates for all units. Motion carried unanimously. B. 1720 UNION STREET ASSOCIATES LLC requests a Special Use Permit pursuant to Section 264-49 E of a proposal to construct an addition in the front of the building to enlarge the dining room at 1720 Union Street, tax parcel # 50.39-2-14, located in a “C-2” Mixed Use Commercial District. Anthony Adonnino of 1720 Union Street LLC and Michael Szemansco of Synthesis Architects presented the proposal. Mr. Szemansco reviewed the site plan and elevation drawings of the addition. Mr. Adonnino explained that the patio on the front of the building is seldom used by customers, so he would like to enclose that space for use as a catering room for private parties. He noted that the catering room will also encompass some of the current indoor dining space, as he has more that in used by his customers. The Commissioners discussed the addition and its design in context with the neighborhood. It was determined that the building should be set back at least a foot from the sidewalk, and a parking buffer will be installed as required by City Code. PUBLIC COMMENTS Tom Carey, President of the Upper Union Street Neighborhood Association, spoke in favor of the proposal, noting that there are specific design guidelines for the Upper Union Street business district and urging the Commissioners to enforce them. He specifically noted the requirement that there be an entrance on the front of the building. It was noted that due to the proximity of the building to the sidewalk the Commissioners had no objection to the entrance being at the front side of the building as opposed to the front façade. Gloria Herman, property owner on Union Street, spoke in favor of the proposal. She commented that she did not think that the second sign on the side of the building was necessary. City Planner Primiano noted that the second sign would not be allowed without an area variance from the Board of Zoning Appeals. The applicant stated that he had no objection to removing the sign from the proposal. Seeing no further members of the public who wished to speak, Commissioner Wallinger closed the public hearing. 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 Wilson, seconded by Commissioner Lewis, to approve the Special Use Permit based on the following findings of fact: 1. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. The surrounding properties are commercial in nature and the proposed design of this addition fits in well with the existing neighboring properties. 2. The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 3. Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. The proposed building or use shall be served adequately by essential public facilities and services, such as highways, streets,  parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 5. The proposed building or use will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. And with the following condition: 1. The building will be set back a minimum of one foot from the sidewalk. 2. A minimum four-foot landscaped buffer will be installed between the first parking space and the back of the sidewalk. The buffer will include at least one shade tree. 3. The second sign on the side of the building is not allowed without an area variance granted by the Board of Zoning Appeals. 4. The applicant will submit a revised site plan and landscaping plan, showing the changes discussed at the meeting, to the City Planner for final approval. Motion carried unanimously. C. CELLCO PARTNERSHIP d/b/a/ VERIZON WIRELESS requests a Special Use Permit pursuant to Chapter 257 of a proposal to install a personal wireless service facility at 112 South College Street, tax parcel # 39.63-4-27, located in a “C-4” Downtown Commercial District. Dave Brennan of Young Sommer, attorney for Cellco Partnership, LLC presented the proposal. Mr. Brennan briefly reviewed the site plan and explained how the optimal location for the facility is determined and how they are operated. The Commissioners indicated that they had no objection to the apparatus as long as they are placed in the least obtrusive location possible on the building. The applicant agreed to the PC's request that the locations be examined and the final locations be such that the view from the public right-of-way will be as minimal as possible without compromising the signal receptivity. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Ferro, seconded by Commissioner Lewis, to accept the Negative Declaration.  Motion carried unanimously. SPECIAL USE PERMIT APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Bailey, to approve the Special Use Permit based on the following findings of fact: 1. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. 2. The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 3. Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. The proposed building or use shall be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 5. The proposed building or use will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried unanimously. D. CELLCO PARTNERSHIP d/b/a VERIZON WIRELESS requests a Special Use Permit pursuant to Chapter 257 of a proposal to operate a personal wireless service facility at 213 Front Street, tax parcel # 39.48-1-22, located in a “C-3” Waterfront Mixed Use District. Dave Brennan of Young Sommer, attorney for Cellco Partnership, LLC presented the proposal. Mr. Brennan briefly reviewed the site plan. The Commissioners noted their concerns about size and placement of the facility, as they did with the discussion of the previous proposal for 112 South College Street. The applicant agreed to the PC's request that the locations be examined and the final locations be such that the view from the public right-of-way will be as minimal as possible without compromising the signal receptivity. PUBLIC COMMENTS None.  SEQR RESOLUTION Motion by Commissioner Ferro, seconded by Commissioner Wilson, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT APPROVAL Motion by Commissioner Lewis, seconded by Commissioner Ferro, to approve the Special Use Permit based on the following findings of fact: 1. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. There are many other small professional offices in the area. 2. The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 3. Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. The proposed building or use shall be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 5. The proposed building or use will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried unanimously. E. RANDY DINARAM requests site plan approval pursuant to Section 264-90 A and J of a proposal to operate an automobile repair business at 112 Henry Street, tax parcel # 49.75-2-19.1, located in a “R-1” Single Family Residential District. Randy Dinaram spoke before the Commission. Mr. Dinaram stated that he had not received the correspondence from City Planner Primiano explaining what was missing from his application. Ms. Primiano reviewed her comments with him, explain that there must be a site plan submitted that shows the planned parking configuration, landscaping plan, and signage proposal.  The box trucks stored on the property were discussed and it was determined that the trucks were being stored on the property as part of another business that is being operated from the site. Ms. Primiano explained that the second business is not allowed. It was decided that the proposal should be tabled pending the submittal of the missing information. PUBLIC COMMENTS None. MOTION TO TABLE Motion by Commissioner Ferro, seconded by Commissioner Healey, to table the proposal due to an incomplete application. Motion carried unanimously. F. RJR UNITS, LLC requests a Special Use Permit pursuant to Section 264 Schedule B of a proposal to operate an outdoor RV and boat storage facility at 1868 State Street, tax parcel # 60.47-1-9, located in a “C-5” Business District. John Hitchcock of ABD Engineers presented the proposal. He noted that several months ago the applicant was granted site plan approval for an indoor storage facility on the site, and now wishes to expand his business to outdoor storage as well. Mr. Hitchcock briefly reviewed the site plan. The Commissioners discussed the proposal and noted that the site would need to be visually buffered from the neighboring properties. It was decided that the chain link fence should have vinyl privacy slats along its entirety, and that the rest of the fence to be installed will be stockade. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Bailey, to accept the Negative Declaration. Motion carried unanimously. SPECIAL USE PERMIT APPROVAL  Motion by Commissioner Wilson, seconded by Commissioner Bailey, to approve the Special Use Permit based on the following findings of fact: 1. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. There are many other small professional offices in the area. 2. The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. 3. Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. The proposed building or use shall be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 5. The proposed building or use will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. 6. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. And with the following conditions: 1. Privacy slats will be added to all portions of the chain link fence. 2. The hedgerow at the edge of the property will be cleaned up and maintained continuously throughout the year. Motion carried unanimously. VI. MISCELLANEOUS Corporation Counsel Koldin briefly discussed the ongoing work that the City Council is doing regarding cell towers in the City. Commissioner Wilson noted that the Dollar General Store on Van Vranken Avenue consistently stores large parcels of cardboard outside which are an eyesore and visible from eth right of way. Staff will follow up. VII. MOTION TO ADJOURN Motion by Commissioner Ferro, seconded by Commissioner Healey, to adjourn the meeting. Motion carried unanimously. The meeting was adjourned at 8:41 p.m.