Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes September 21, 2022 I. CALL TO ORDER Meeting called to order at 6:01 p.m. Commissioner Randall Beach set in for Commissioner Wallinger for first part of meeting II. ATTENDANCE Present: Mary Moore Wallinger, Chair (arrived later for meeting); 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: none III. Conflict of Interest Check None IV. Approval of Minutes for August 17,2022 – not approved I. OLD BUSINESS A. KEMRAJ SHIVPRASHAD requests an updated site plan approval, pursuant to Section 264-93 of a proposal to construct a 3,000 SF mixed use building 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. Ms. Shivprashad explained that it’s been a roller coaster ride for her to get the project going. She and her husband has addressed the neighbor’s concerns. She has reached out to the neighbors at 9 Western Parkway and exchanged phone numbers. She has informed them about nature of the business and their concern for noise. She stated she is in resolution with the neighbors. Commissioner Beach asked her if she had the comments from staff and from Commissioner Wallinger. Ms. Shivprashad said she had reviewed the comments.  Commissioner Beach asked if there were any questions or comments from the Commissioners. Commissioner Nadler, had concerns for the parking. She stated, “the property is at the end of a one-way street and the one-way street starts at the top of the hill that comes through Central Park. So, my concern is the traffic that goes all the way down the hill for people to park on the one-way street. In addition to that the traffic that will be there for the delivery trucks and whatever that comes in and delivers. I live on the next street and the concern is that would they be you know the use of our street which is the bigger of the streets around the area and will, have more traffic to your establishment and [limited parking for people who live in the area].” Principal Planner Primiano stated that applicant would need to obtain a variant for busy time for deliveries on State Street and not on Western. The applicant stated she is willing to comply to make the parking situation work. Commissioner Beach asked if there were any concerns or comments from the public and there were none. He moved to make motion. The applicant will be required to submit an updated site plan and incorporate last month’s Commissioner comments. Motion by Commissioner Evers, seconded by Commissioner Wilson to for the proposal at 1461 State Street. Motion carried unanimously. II. NEW BUSINESS A. STEWART’S SHOPS CORP. requests site plan approval pursuant to Section 264- 90 J of a proposal to renovate the existing convenience and gas store at 1739 Union Street, tax parcel # 50.6-5-69, located in a “C-2” Mixed Use Commercial District. Commissioner Lewis joined the other commissioners during the Stewart’s project and other projects. The representative for Stewart’s Shops said an exterior freezer that will tie into backroom and will change façade of building – a new look for the Union and Palmer store. Commissioner Beach read comments from Commissioner Wallinger to add oriental grass long Union and to change the parking stripping to be pedestrian friendly.  The Commissioners looked at the site plan and asked where the dumpster would be kept and if there will be an enclosure for the dumpster. Principal Planner Primiano stated the store in located in Niskayuna. The applicant stated that 2 foot section of fence and garbage is not visible from Union Street and will do a 14 foot fence on the Palmer Street side so it will not be visible. He did not agree with the parking suggestion, so Principal Planner Primiano suggested some tire stops. Commissioner Beach asked if there were any concerns or comments from the public and there were none. He moved to make motion. Motion made by Commissioner Wilson, seconded by Commissioner Hitlall, 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 staff comments for 1739 Union Street. Conditional Site Plan approval: 1. All landscaping beds will be improved and replanted where needed by July 1, 2023. 2. All storage of cartons and crates will be out of public view. 3. Pursuant to Section 264-62, banners are only permitted as part of a grand- opening and for a maximum of 30 days. 4. Tire stops will be added to each parking space so that the customers on the sidewalk will be protected from vehicles. B. SCHENECTADY LIGHT OPERA COMPANY requests a Special Use Permit pursuant to Section 264-61 H of a proposal to create a mural on the side of the storage building at 427 Franklin Street, tax parcel # 39.72-2-21.11, located in a “C-4” Downtown Commercial District. Thomas Coon, President of the board at Schenectady Light Opera Company presented a mural to be painted on the backside of 427 Franklin Street where the storage building is located. The building is brick, facing the entry to the main building. The mural will consist of names of donors who supported the organization during Covid and represent the 96 years of musicals that have been performed by the organization. People would see the mural from the courtyard or while walking through the courtyard. Commissioner Wallinger asked if there were questions or comments from the Commissioners. Commissioner Wallinger informed the applicant that the plants along the fence needed pruning because it has become quite overgrown. The applicant stated  that it was on his list to address. The Commissioners also asked about lighting at night and if mural can be seen from the street. The applicant stated if you are by the Habitat mural, the mural can be clearly seen. Applicant stated, he has partnered with Regeneron “and in October, the company has graciously given us a ton of volunteers. We will be doing a lot of cleanup work around the facility. So yes, that is on our list. Along with a lot of general maintenance. I think most of you, if you walk the streets, we just recently replaced our sidewalks. We patched all the front sidewalks up from over the years of usage. So, we're back in business, and we are looking to get our property up to snuff. “ Commissioner Beach asked if there were any concerns or comments from the public and there were none. A move for a motion. Motion made by Commissioner Wallinger and seconded by Commissioner Lewis. Condition of approval: The moral will be regularly maintained in good condition or removed by the owner of the property. Will be visible from courtyard and not property. SEQRA: Negative Declaration should be issued. C. SCHENECTADY HINDU TEMPLE requests a Special Use Permit pursuant to Section 264, Schedule B of a proposal to operate a Community Center at 1218 Sixth Avenue, tax parcel # 49.55-2-1.11, located in an “R-2” Two Family Residential District. Mr. George Ramson, the treasurer of the Hindu temple, and fellow members Ravi and Ishmael said the two parcels used to be in 1922 as a Catholic Church. The building he wants to bring up to code was once a rectory. He acquired the church, which became the Hindu temple. But the rectory was sold to a private individual and remained empty since then. The Hindu Temple acquired the building last year. They found there's a pressing need for the Guyanese community to have a community facility, and a need for a food pantry, for religious celebrations, training, education, and other social functions. Commissioner Wallinger asked if there are any questions from the Commissioners. Principal Planner Primiano asked if it was a city-owned property prior to their ownership and if they already had building permits. The applicant stated he has permits for everything and it was not a city-owned property. The Principal Planner advised the applicant that they should have appeared before the Planning Commission prior to the issuance of building permits and that exterior changes to the building and surrounding property are part of the site plan review process. A licensed architect or engineer is required to prepare a site plan, prepare a lot consolidation plan, and provide other site details such as parking and the canopy structure. Commissioner Wallinger asked if anyone from the public had comments. There were none and the public hearing was closed. Motion by Commissioner Hitlall, seconded by Commissioner Evers, to adopt a Negative Declaration. Motion carried unanimously. Motion by Commissioner Beach, seconded by Commissioner Hitlall to approve the Special Use Permit with the following findings of fact: A. Impact. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. In determining substantial impact, the Commission shall consider the location and size of the proposed use, the nature and intensity of the operations involved in or conducted in connection with the proposed use, the size of the site in relation to the proposed use and the location of the site with respect to streets giving access to the proposed use. The proposed Community Center will operate as part of the Schenectady Hindu Temple, which is immediately adjacent to this property. There will not be an increase in the amount of traffic, but operations may vary somewhat from the operations of the temple. B. Adjacent properties. 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. The building is existing and is currently in poor condition. This proposal will be an improvement of a blighted building. C. Nuisances. 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. The proposed operations will be similar to what currently exists at the temple and no significant increases in traffic or noise are anticipated. D. Facilities and services. 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. There are no impacts to existing facilities or City services. E. Loss of significant features. 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. There will be no loss or impact on significant features.  F. Compliance. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. The applicant will be returning to the Planning Commission for Site Plan Review once the applicant owns the property and knows their renovation plans. Condition of Special Use Permit: 1. Pursuant to Section 264-90 A, the Community Center must apply to the Planning Commission for site plan approval prior to the completion of the exterior renovations to the building. 2. A lot consolidation map must be submitted with the site plan review application, as the Community Center will be operating as an extension of the Hindu Temple at 1052 Pleasant Street. Motion carried unanimously. D. BETHEL FULL GOSPEL CHURCH requests a site plan approval pursuant to Section 264-90 M of a proposal to operate a church at 1834 Van Vranken Avenue, tax parcel # 39.35-4-31.1, located in a “C-2” Mixed Use Commercial District and an “R-1” Single Family Residential District. Christopher Longo of Empire Engineering stated the property was formerly St. Anthony’s Church and that a childcare center and playground exist on the property. The property will remain a church. There are some exterior enhancements, overgrown trees, and some existing fencing needs. In addition, staff made comments about driveway and sidewalk repairs in front of the building. Mr. Longo said, “we haven't really gotten to the conclusion on if new fence would go back probably at the driveway entrance to kind of shield that parking area that that fence, and gate is a nice feature there. So, if the city does need that, that going to be removed because it's in the right of way. A new one probably will go away. Yes. And that we understand would have to be at the property line. And then also given a four- foot buffer there of that asphalt to be removed and before the parking lot starts.” Commissioner Wallinger stated it will be great to get trees on VanVranken because there are so few trees on the street. Commissioner Wallinger asked if there were any comments from the public and there were none. I will take a motion for site plan approval with the conditions that the driveway and sidewalks be replaced to city code as approved by the city planner in the city engineer.  1. The address will be prominently displayed so that it is easily visible from Van Vranken Avenue. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. The existing metal bars on the windows must be removed prior to opening the store. 3. All garbage storage will be inside the building or out of public view. If a dumpster is needed, it must be properly enclosed and screened. Garbage pick-up service is required. 4. The old chain link fencing surrounding the site will be removed and replaced. The new fence will be placed on the property line or inside the boundary of the property. The fence will be removed this fall and if replaced, completed by June 1, 2023. 5. A landscaping be replaced on either side of the entrance on Van Vranken Avenue in place of the 2 existing shrubs. All new landscaping and tree replacement will be completed by June 1, 2023. 6. All deteriorated concrete sidewalk needs to be replaced to City standards. The asphalt over the sidewalk at the driveway into the parking lot needs to be removed so that the concrete sidewalk continues. The sidewalk can be narrowed but must be a minimum of 5 feet wide. A permit is required to complete the work. The work will be completed by June 1, 2023. By June 1 of next year that the improvements will be made. The fence to be removed this fall 2022. Commissioner Wallinger move to make a motion and a motion made by Commissioner Wilson and seconded by Commissioner Beach. Motion carried unanimously. E. JANE NUGENT requests site plan approval pursuant to Section 264-90 M and a Special Use Permit pursuant to Section 264, Schedule A of a proposal to operate a medical office at 1545 Union Street, tax parcel # 50.22-3-19, located in an “R-2” Two-Family Residential District. The applicant stated that Nurse Practitioner, Jane Nugent, purchased the property at 1545 for a medical practice. There are two issues with the property, the curb cut and the parking the encroaches on the neighbor’s side, and its been this way for 40 years. There are two alternative solutions to get an easement sharing the curb cut or have property surveyed. The survey will determine with the curb cut should be but will be costly. Commissioner Wallinger stated that in favor of easement. The city requires a concrete apron and if can get easement that would be great. The applicant went onto say, a buffering between the 2 sides, front of parking, that faces Union Street, will buffer, or shrubs, or a fence would be less costly. Commissioner Hitlall said shrubs will be better. Principal Planner Primiano asked about the signage and must be 6 sq.ft. The applicant passed around logo for signage and said the new owner has had the logo for 20 years. Commissioner Wallinger indicated 2 trees on Union, small flowering trees, 2 taller shade trees and for a certain amount of foot frontage, each amount of linear frontage are required to two taller shade trees, which would I give more visibility of the lower portion of the building. Commissioner Wallinger asked if there any other comments or questions from commissioners? Is there anyone from the public who wishes to speak to this project? Seeing none, she closed public hearing. She made a motion for a negative declaration made by Commissioner Evers seconded by Commissioner Lewis. Motion carried unanimously. Next a motion was made for a special use permit and site plan approval. Commissioner Lewis to make a motion for the special use permit. Special permit uses shall be granted only if evidence is presented which establishes that: G. Impact. The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. In determining substantial impact, the Commission shall consider the location and size of the proposed use, the nature and intensity of the operations involved in or conducted in connection with the proposed use, the size of the site in relation to the proposed use and the location of the site with respect to streets giving access to the proposed use. The prior use of this property was also a physician’s office. There are several professional offices on this portion of Union Street as it approaches the commercial district, so this use is consistent with surrounding properties. H. Adjacent properties. 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. The building is existing and looks similar to the other converted residences on surrounding properties.  There is a small onsite parking lot that will accommodate employees and patients, with additional street parking available if needed. I. Nuisances. 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. The proposed operations will be similar to what currently exists at the temple and no significant increases in traffic or noise are anticipated. J. Facilities and services. 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. There are no impacts to existing facilities or City services. K. Loss of significant features. 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. There will be no loss or impact on significant features. F. Compliance. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. The applicant will be returning to the Planning Commission for Site Plan Review once the applicant owns the property and knows their renovation plans. a motion for the site plan approval with the conditional site plan approval with the conditions that as listed on the staff comments and that a landscaping plan that includes plans for a buffer of shrubs around both sides of the street side facing sides of the parking lot. The two trees on Union Street and three trees on other side will be shown in the landscaping plan. Application will not need to come back and to submit to Principal Planner Primiano. Change in Tenancy conditional site plan approval: 1. The address will remain prominently displayed so that it is easily visible from Union Street. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. The applicant will submit a sign proposal to the City Planner for final approval prior to purchase and fabrication of the sign. 4. Two (2) parking spaces will be maintained for the residential tenant at all times. 5. A landscaping plan will be submitted to the City Planner for final approval by October 1, 2022. The plan will include a solid row of evergreen shrubbery around the perimeter of the parking lot adjacent to Morningside Avenue and facing the Union Street side of the parking lot. 6. The landscaping will be planted no later than November 1, 2022.  7. The curb cut on Morningside Avenue will be widened and reconstructed to City standard, including replacing the concrete sidewalk to City standards by continuing the sidewalk across the driveway. The City can provide the granite curb. A permit from the Engineering Department is required. The curb cut and sidewalk will be replaced to City standards by December 1, 2022. A motion by Commissioner Lewis and a second made by Commissioner Hitlall. Motion carried unanimously. III. MISCELLANEOUS IV. ADJOURN 7:40 p.m.