Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes August 17, 2022 I. CALL TO ORDER Meeting called to order at 6:07 p.m. II. ATTENDANCE Present: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Jason Bogdanowicz-Wilson; Dharam Hitlall; Colin M. Evers; Susan Nadler; Christine Primiano, Principal Planner; Chris Marney, Asst. Corporation Counsel; and Sylvia Jimison, Development Staff Excused: Randall Beach III. Conflict of Interest Check None IV. Approval of Minutes for July13, 2022, motioned by Commissioner Hitlall and seconded by Commissioner Wilson. Motion carried unanimously. Commissioner Wallinger began the meeting by reviewing the process for how projects should be presented and reminded the public to sign in and address comments to the Commission when speaking during public comment periods. I. NEW BUSINESS – CONSENT AGENDA Commissioner Wallinger introduced the three items on the Consent Agenda. A. KEMRAJ SHIVPRASHAD requests an updated site plan approval pursuant to Section 264-90 G of a proposal to operate a restaurant and lounge with one residential unit at 1461 State Street, tax parcel # 49.68-5-1, located in a “C-2” Mixed Use Commercial District. B. HABITAT FOR HUMANITY requests a Special Use Permit, pursuant to Section 264-61 H of a proposal to install a mural on the side of the building at 115 North Broadway, tax parcel # 39.72-2-23.1, located in a “C-4” Downtown Commercial District.  C. AIK PROPERTY GROUP, LLC requests site plan approval pursuant to Section 264-90 B of a proposal to construct a parking lot at 1063-1065 Barrett Street, tax parcel #’s 39.65-1-7 and 6.1, located in a “C-4” Downtown Commercial District. Commissioner Wallinger asked if there were questions and comments from the Commissioners and Planning Staff for Item A, 1461 State Street. There were no comments or questions. Commissioner Wallinger opened the public hearing for Item A. Ms. Dell’a Collier, a neighbor of 1461 State Street, stated that she had concerns about the project. She did not know the protocol for the meeting and apologized but wanted to make the commissioners aware of the disturbances a restaurant and lounge would have to her and the other residential neighbors. Ms. Collier stated she has been a neighbor to the business for 18 years. She commented about the traffic, one-way street, trash, plastic crates for sodas, and the employees at the site. Commissioner Wallinger stated more discussion is needed, and it sounds like a bigger issue. She requested a pause and to come back to the project after getting through the other two projects on the consent agenda. Commissioner Wallinger closed the public hearing for Item A. Commissioner Wallinger moved on to Item B, Habitat for Humanity, and asked if there were questions and comments from the Commissioners and Planning Staff. There were none. Commissioner Wallinger opened the public hearing for Item B. Commissioner Wallinger read a letter of support she received from the Light Opera Company dated August 15. The letter stated, “as the next-door neighbors, Light Opera Company enthusiastically supports this proposed project. We look forward to the unveiling of this enhancement to the landscape of our beautiful city. Bravo Habitat for Humanity. Sincerely, Nell Burrows, Business Manager on behalf of the Board of Directors Light Opera Company.” Madelyn Thorne, Executive Director, Schenectady Habitat for Humanity, stated that the mural will be viewed from very busy intersection at Broadway and Franklin Street. Commuters on the train will see that Schenectady is investing in arts and we are interested in enhancing the art scene of Downtown Schenectady.” She went onto say that she would like the artist to speak about the project. Tony Acevado, Dashwan, and Oscar Boran, are the three artist that will paint the mural. They provided testimony about their current projects and the inspiration for them to create the mural for the Habitat building wall. Ms. PD Voorhes stated there is a lot of painting going on and wanted to know if there is a code to regulate [murals] or if there are rules and regulations? Commissioner Wallinger informed Ms. Voorhes that the approval process is a Special Use Permit review conducted by the Planning Commission and why the project is being reviewed for a special use permit. The Commission will discuss if the art will be appropriate within the context of the downtown design guidelines and the characteristics of the neighborhood. Commissioner Wallinger closed the public hearing. Commissioner Wallinger invited AIK Property Group, LLC up to the table and asked the Commissioners and staff if they had any questions. There were none. Commissioner Wallinger opened the public hearing for Item C. There were no public comments and the public hearing was closed. Decision from the Commissioners: Item B; Habitat Humanity: Motion by Commissioner Evers, seconded by Commissioner Hitlall, to adopt a Negative Declaration for SEQR. Motion carried unanimously. Motion by Commissioner Nadler, seconded by Commissioner Wilson to approve a Special Use Permit to allow the applicant to install a mural on the side of 115 N. Broadway. Motion carried unanimously. Item C; AIK Property Group, LLC: Motion by Commissioner Hitlall, seconded by Commissioner Wilson, to adopt a Negative Declaration for SEQR. Motion carried unanimously. Motion by Commissioner Wilson, seconded by Commissioner Hitlall to issue a Conditional Site Plan approval for AIK Property Group, LLC with the following conditions: 1. The lots will be consolidated prior to the construction of the parking lot. Once the City Engineer approves the lot consolidation, it must be filed in the County Clerk’s office. 2. Pursuant to Section 264-43 G, the paved parking area will have curbing or concrete tire stops. 3. A row of arbor vitae shrubbery, a total of 12 shrubs, will be planted along the property line adjacent to 1059 Barrett Street to provide mitigation for vehicle headlights. 4. All broken panels of concrete sidewalk on Barrett Street will be replaced to City standard along with the full replacement of concrete sidewalk on South Avenue. 5. A revised site plan showing the landscaping, curbing or tire stops, and sidewalk replacement must be submitted by September 1, 2022. Motion carried unanimously. Discussion resumed for updated site plan approval for the proposal at 1461 State Street. The applicant was out of town and could not be present for the project. Commissioner Wallinger invited Ms. Collier back up to the table to discuss the issues she described earlier. Ms. Collier stated how she and her family have been impacted by the business located at 1461 State Street with trash, cars blocking her driveway, and that the business owner uses the vacant property to park on. There is partying and other activity at 3 a.m. on the property. She has been contacting the city for 2 years to voice her concerns and have lived at her property for 18 years, but never received notices about use for the property. Commissioner Nadler stated that she lives near this street and she can understand why Ms. Collier has concerns about the project. She has concerns for trash and traffic issues too. Commissioner Wilson had concerns for the vacant lot that it attracts negative elements. City staff explained that the proposal is an allowed use of the property and that all of her concerns can be addressed by the applicant. She also assured Ms. Collier that she would get a notice for the next planning meeting. Commissioner Wallinger recommended tabling the proposal to allow the applicant the opportunity to attend the next meeting to discuss the issues at the site. Motion by Commissioner Wilson, seconded by Commissioner Hitlall to table the proposal at 1461 State Street. Motion carried unanimously. II. NEW BUSINESS-CONTINUED A. KESHMATTIE SINGH requests site plan approval pursuant to Section 264-90 M of a proposal to operate an electronics store at 1007 State Street, tax parcel # 49.42-5-32, located in a “C-2” Mixed Use Commercial District. Ms. Singh’s son, Elvin, appeared before the Commission for Wireless Hope. The applicant plans to clean up the building and explained why he thought pull down gates are necessary to prevent theft. The store has had several break-ins. He said the gate will be up during business hours and only down when they are closed. Mr. Singh stated that the trash will be cleaned up and that County Waste will be delivering a dumpster at the building. Commissioner Wallinger opened the public hearing. Commissioner Wallinger read a letter from Tough Traveler Ltd, that explained their concern about the music use over a microphone, the sidewalk traffic, and over all detrimental behavior. Commissioner Wallinger closed the public hearing. Commissioner Wallinger asked the applicant if he would like to respond to the letter. Mr Singh responded that in the past he had done promotional events and had a DJ to play music. He had a special event permit at the time and was allowed to play music from 11 a.m. to 4p.m. but does not plan to play music going forward. Commissioner Wilson suggested a different color scheme for the building. Commissioner Nadler wanted to know if shrubs could be planted at the front of the property. The City Planner asked about the proposed sign and said the address should be painted black so that it is more visible. The applicant said there would be a wood sign mounted on the façade and that the address will be repainted. Commissioner Wallinger also informed the applicant about the impervious surface requirements for the property. Removal of pavement in front of the building will also prevent people from feeling like they can park on the sidewalk or park in front of the building. Also, at least one street tree needs to be planted at the property. There was a discussion regarding street trees, adding grass to the utility strip and additional plantings in the existing planters. Motion by Commissioner Evers, seconded by Commissioner Nadler, to adopt a Negative Declaration for SEQR. Motion carried unanimously. Motion by Commissioner Wilson, seconded by Commissioner Hitlall to issue a conditional site plan approval for an electronics store at 1007 State Street. Conditional Site Plan Approval 1. The address will be prominently displayed so that it is easily visible from State Street. The address will be repainted on the building in black paint so that it can be read from the street. 2. A Metal roll gate over each front window is permitted on the interior of the windows. The gates must be rolled up at all times the business is open. 3. All garbage storage will be located behind the building, within a dumpster enclosure as shown on the site plan. The existing cans on the side of the building will be removed effective immediately. 4. Larger growing perennial flowers and evergreen shrubs that are meant for a Zone 4 Climate will be planted in the planters by October 1, 2022. 5. The asphalt will be removed from in front of the planters and from the utility strip along the frontage of the property. Grass will be planted where the asphalt is removed. Grass will be planted by October 1, 2022. 6. One small flowering tree will be planted in the utility strip in front of the building. The tree will be planted by November 1, 2022. 7. Pursuant to zoning code section 264-63N, window signs cannot cover more than 20 % of each windowpane. 8. Events using a microphone or music requires proper permits issued by the City of Schenectady prior to the event. Motion carried unanimously.  B. SUNNYVIEW REHABILITATION HOSPITAL requests site plan approval pursuant to Section 264-90 B of a proposal to construct at parking lot at 1288 Belmont Avenue, tax parcel # 40.45-2-5.1, located in an “I” Institutional District. Nick Zeglen, from Environmental Design Partnership, represented Sunnyview Rehabilitation Hospital. Mr. Zeglen showed the revised parking spaces that will be made available in the plans and explained that adding the spaces is critical to the lost parking spaces on the Sunnyview campus. He also stated that some landscaping would be added, tire stops, and lights all to City standards. Michael Tierney, from Sunnyview, said there will be valet service for the parking during construction of the addition. Commissioner Hitlall commented about the center islands and Commissioner Wallinger wanted to know if trees would be placed in the islands to slow traffic and to create shade. Mr. Tierney responded that the facilities team thought it would make it difficult for snow plowing. Commissioner Wallinger explained why trees are important on the interior of a large parking lot and asked the status of the existing spruce trees at the Ulster Street entrance. Commissioner Wallinger stated that the maple trees should stay in place on the Bedford Street side and asked if the existing curb cut will be replaced. The City Planner indicated that the existing shoe-box style lights were not permitted, but that low-profile LED lights are ok. Mr. Zeglen stated the LED lighting will be added to the plans. Commissioner Wallinger opened the public hearing. Jim Marx from 1283 Belmont Avenue and neighbor Peter Redman, who lives next door, had concerns about how the parking lot expansion will affect their property values. Commissioner Wallinger closed the public hearing. The Commission discussed and summarized the revisions to the site plan. Motion by Commissioner Evers, seconded by Commissioner Nadler, to adopt a Negative Declaration for SEQR. Motion carried unanimously. Motion by Commissioner Wilson, seconded by Commissioner Hitlall, to issue a Conditional Site Plan approval, with the following conditions: 1. The existing driveway curbcut on Belmont Avenue will be removed and replaced to City standard. 2. Curbing will be added to the perimeter of the new parking area.  3. New landscaping islands will be added to the interior of the parking lot. Each island will have shade trees with a total of 6 trees in the lower lot, closer to Ulster Street, and 4 trees in the upper lot, closer to Rosa Road. 4. All shoebox lights will be removed and replaced with a low profile led light fixture. The maximum height for the lights adjacent to Belmont Avenue is 14 feet, including the base. 5. The lot needs to be consolidated, along with several other lots that comprise the campus. A lot consolidation map needs to be submitted to the City Engineer for approval. Once approved, the map and legal descriptions must be filed with the County Clerk’s office. Motion carried unanimously. C. 1066 ALTAMONT, LLC requests site plan approval pursuant to Section 264-90 K of a proposal to open a motor vehicle sales business 1066 Altamont Avenue, tax parcel # 49.80-2-6.1, located in an “M-1” Light Manufacturing and Warehousing District. Dave Kimmer, ABD Engineers and the applicant, Mohammed Elkholy appeared before the Commission to present the proposal. Mr. Kimmer stated that the project is to be a high-end motor vehicle display show room and there will be no mechanics or detailing completed on site. The Valvoline sign and asphalt around it will be removed to plant landscaping. Commissioner Wilson asked if the material to be used on exterior of building will be brick or stucco. He also asked if the aluminum store front doors and windows would be painted. Mr. Elkholy stated that it depends on the budget. They would like to replace the existing storefront, but if it is not affordable, they will repaint what is there. The City Planner asked about the fencing for the property and the applicant said there will be security fencing around the property. Motion by Commissioner Hitlall, seconded by Commissioner Wilson, to adopt a Negative Declaration. Motion carried unanimously. Motion for conditional site plan approval, made by Commissioner Evers, seconded by Commissioner Wilson, with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Altamont Avenue. 2. Metal roll gates and iron bars will not be placed on any doors or windows at any time in the future.  3. The fence installed around the perimeter of the site will be a 4 foot tall ornamental black aluminum fence with a roll gate to close when the business is closed. 4. Two (2) street trees will be added to the greenspace at the front of the site along Altamont Avenue, pursuant to Section 264-50. 5. Exterior vehicle display is limited to no more than 15 vehicles. 6. Façade changes approved as presented to the Planning Commission. 7. Final sign details to be submitted to the City Planner for final approval prior to purchase and fabrication of the sign. Motion carried unanimously. D. RANDEEP SINGH requests site plan approval pursuant to Section 264-90 M of a proposal to operate a motor vehicle sales business at 1730 State Street, tax parcel # 60.30-3-63, located in a “C-5” Business District. Dan Morelli represented the applicant, Randeep Singh and stated they would like to get approved for the entire site. The change in tenancy application is for the front building, and are now aware that there are issues with the rear building, which will be addressed. Mr. Morelli introduced the applicant and confirmed that they received the staff comments for green space. They plan to plant trees in the rear of the parking lot and will enclose the dumpster to City standards. City Planner Primiano added that the prior owner got approvals to operate an auto sales business, but did not obtain site plan approval to operate an auto repair business on the property. The prior owners built the addition and then somewhere down the line, he rented it out to auto repair. They never got any approvals. So as far as the city is concerned, the only site plan approval ever issued was for sales for the front of the building. The rear tenancy being used for auto repair will need to come back to the planning commission for site plan approval. Also, a NYS DMV Auto repair license is needed; auto body repair is not permitted. Dan responded that he is fully aware of all the compliances. Commissioner Wallinger stated that this is a bigger issued and will need to be addressed right away. Commissioner Wallinger, if there were anyone else from the public who wishes to speak to this project? Public Comment Michael and Elena Langille introduced themselves as neighbors to the rear of the business and Mr. Langille’s first concern is regarding the environment and contamination. There is nothing to prevent oil to come onto his property. His property is at a lower elevation so everything runs onto his property. Mr. Langille also asked what is the business that is operating? There is drinking and parties on the premises, auto painting, and it hasn’t been approved for a body shop. Another concern for him was the number of days a week the business operates and snow plowing of the parking lot. Ms. Langille stated that she had to put up a shadow box fence and retaining wall because the men at the body shop were making her feel uncomfortable in her backyard. Commissioner Wallinger explained that the body shop was not issued approvals to operate, therefore, it is not permitted on the property. Commissioner Wallinger asked the applicant what the landscaping plans were for the rear buffer, hours of operation, what is operating inside the building? Commissioner Wallinger asked the applicant what the timeline is for the dealership to open and the applicant responded 90 days. Planning staff explained that the applicant must come back to the Planning Commission for site plan approval of any additional use other than vehicles sales. Also, the following information must be provided for review at the next meeting: 1. Number of parking spaces provided for vehicles on display for sale. 2. Details for the required 15 foot landscape buffer required at the rear of the property. 3. Show the six-foot tall vinyl fence and approximately 4. The buffer on the eastern side will include two small flowering trees. The landscape bed on State Street shall remain and show three street trees. Motion by Commission Evers, seconded by Commissioner Hitlall, to issue Conditional Site Plan Approval requiring the applicant return at the next possible Planning Commission meeting for review of the business located in the rear of the building and the landscape details of the required buffer at the rear of the building. Motion carried unanimously. E. Discussion: Changing the Planning Commission schedule to allow for staff preliminary review and revised site plan applications. A discussion took place to allow more time for review of applications before bringing them to the commission. This is because of applications being submitted incomplete and/or without adequate information. In addition, to allow time for applicants to correct items that have been tabled because of incomplete information. An example was provided about Saratoga Spring’s planning application requirements. Saratoga Springs requires that the applications be submitted five weeks in advance, there's a two-week time period ; Staff reviews them in the first week, and gives it back to the applicant for required revisions the second week. The revisions must be submitted three weeks prior to the Planning Commission meeting or the application will not appear on the agenda. The goal is to have a technically correct application three weeks before the meeting, allowing time for it to circulate through all departments so that staff can provide comments. Motion by Commissioner Wilson, seconded by Commissioner Lewis, to adjust the deadline and review period of all applications. Motion carried unanimously. III. OLD BUSINESS None IV. MISCELLANEOUS None V. ADJOURN Motion by Commissioner Hitlall, seconded by Commissioner Nadler to adjourn the meeting at 8:40 p.m. Motion carried unanimously.