Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes November 16, 2022 I. CALL TO ORDER Meeting called to order at 6:01 p.m. II. ATTENDANCE Present: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Jason Bogdanowicz-Wilson; Randall Beach; Susan Nadler; Colin Evers; Michael Tearno; Hayden Engert; Christine Primiano, Principal Planner; Chris Marney, Asst. Corporation Counsel; and Sylvia Jimison, Development Staff Absent: Dharam Hitlall Commissioner Randall Beach arrived at 6:06 p.m. and recused himself from the discussion of 308 State Street. III. Conflict of Interest Check None IV. Approval of Minutes for October 19, 2022– not approved. V. NEW BUSINESS A. CONSIDERATION submitted by the HISTORIC COMMISSION for a recommendation to the City Council, pursuant to Section 264-75A(2), to include the property located at 308 State Street, tax parcel # 39.71-3-15.11, in the OH Overlay Historic District. Commissioner Wallinger informed everyone that the site at 308 State Street has been recommended by the Historic Commission to be added to the Historic Overlay District. Public comment regarding whether it should be included in the Overlay Historic District is the purpose of discussion and that the discussion will not include future development of the site or any site plan related matters. The role of the Planning Commission is to make a recommendation to the City Council based on the criteria explained in the Zoning Ordinance. Public Comments Commissioner Wallinger opened the public hearing. At the start of the public hearing, Commissioner Wallinger read seven (7) letters and emails sent to the Planning Commission for the public record. Susan Unger, President of the Stockade Association, appeared before the Planning Commission and spoke in favor of including 308 State Street in the Overlay Historic District. Her written comments were submitted for the record. Richard Unger, a member of the Historic Commission and Stockade resident. Mr. Unger stated that as a member of the Historic Commission he can say that the Commission discussed all available evidence in support of the overlay designation and the Historic Commission’s decision to forward the recommendation to the Planning Commission was a unanimous decision. Mary Elizabeth Slevin, an attorney representing the owner of 308 State Street stated that the city is denying the owner the right of return on his investment. The act of zoning changes must be part of the Comprehensive Plan and this current action under consideration is illegal reverse spot zoning. Written comments were submitted by Ms. Slevin for the record. Beth Petta, resident of the Stockade, discussed that the fire station once located next to Clinton Ditch’s restaurant was taken down and the City lost a piece of history with that demolition because it was not protected. Ms. Petta stated that the Rudnick’s building, located next to the Masonic Temple has an extensive history in the City; providing uniforms for laborers, emergency response personnel, schools and other trades. Ms. Petta described her fascination with the history of the Masonic Temple and the women contributions to the Eastern Star. Ms. Petta stated support for preserving the building and its legacy. Bill Buell, county historian, stated that he was a Daily Gazette employee for 41 years. Mr. Buell stated that the building is important to the City and at the location of a prominent intersection. Additionally, Mr. Buell reminisced about his childhood and seeing the building and what it represented and still does to the City of Schenectady. Crystal Jones stated she located to Schenectady from New York City and saw the business growth in the area. She said many buildings are not being utilized. She also said business owners want to move the City of Schenectady forward and to bring more people into the city. New developments help bring new interest to what is going on in Schenectady. Gloria Kishton, the chairperson of Heritage Foundation, asked if City staff could define the term “reverse spot zoning.” Counsel Marney explained that establishing historic overlay districts does not constitute spot zoning because there is no change in the use of the property. Ms. Kishton stated numerous reasons why the properties at 308 State Street qualified for historic overlay designation and submitted a letter into the record. Commissioner Wallinger closed the public hearing and requested a 15-minute recess at 7:05 p.m. for purposes of legal counsel. Commissioner Wallinger reconvened the meeting at 7:20 p.m. Commissioner Wallinger asked the Planning Commission members for comment. The Planning Commissioners discussed the importance of historic buildings in the city, specifically Downtown, and recalled the loss of the Nicholaus Building and the preservation of the Wedgeway Building across the street. Commissioner Wallinger said that the strength of the city is its historic character, and clarified that historic preservation is actually a goal listed in the Downtown neighborhood plan in the Comprehensive Plan. She continued by saying that there is very strong language from the beginning of the Plan, that speaks to how the historic character of Schenectady is one of its best assets and residents came out across the city and agreed that this was something important that they wanted to maintain. The Commissioners expressed the importance of recommending to the City Council that the historic overlay be designated for the properties at 308 State Street. Motion by Commissioner Wilson, seconded by Commissioner Lewis, to recommend to the City Council that the property located at 308 State Street, tax parcel # 39.71-3-15.11, be added to the “OH” Overlay Historic District based on the following criteria and findings of fact: City Zoning Ordinance, Chapter 264-75 A.(3): 1. The site possesses special character or historic or aesthetic interests or value as part of the cultural, political, economic or social history of the locality, region, state or nation; Schenectady has a lengthy history, over 250 years, with the ancient Freemasonry movement and the role the Masons have played in Schenectady’s history. 2. The site is identified with historic personages or events; the Masonic Temple building was purchased in 1918 by the Masonic Hall Association and the building was occupied by the Masons and their women’s counterpart, the Eastern Star. 3. Embodies the distinguishing characteristics of an architectural style; The Neoclassical and Italian Renaissance Revival design of the Masonic Temple building was created by renowned architect William Neil Smith. 4. Is the work of a designer whose work has significantly influenced and age; designed by prominent architect William Neil Smith, who practiced in New York City and throughout Upstate New York. 5. Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood; the site is at the location of one of Downtown Schenectady’s busiest and prominent intersections. The site is diagonally across from the Wedgeway Building and State Theatre, which were recently listed on the National Register of Historic Place; And pursuant to Section 264-75 (4); which states the Planning Commission shall consider that designation of the property with the historic overlay satisfies the application review criteria enumerated in Section 264-76 C. in that the designation provides a framework for which these standards may be met for future modifications to the property. Specifically, designation serves to ensure the historic features of the property will be preserved as much as possible; alterations and additions to the existing buildings will be made consistently with the spirit of the architectural style; when possible, deteriorated architectural features shall be repaired rather than replaced; and when not feasible, replacements will match in composition, design, texture and other visual qualities; and the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings will be adhered to. Motion carried, with Commissioner Beach abstaining. B. HOLY NAME OF JESUS PNCC requests a Special Use Permit pursuant to Section 264-61 I of a proposal to install an electronic message board sign at 1040 Pearl Street, tax parcel # 49.72-1-1.1, located in the “R-2” Two-Family Residential District. Rev. Jim Komeki, the applicant, appeared before the commission to request approval for the LED sign to replace the current sign that has been at 1040 Pearl Street for 40 years. Rev. Komeki said that they made the sign smaller and that it will automatically dim at night and turn on at 7 a.m. Commissioner Wallinger asked if there were questions/comments from the Commissioners and Planning staff. Commissioner Nadler asked the size of the current sign and the applicant stated 6 ft x4 ft. Commissioner Wallinger advised the applicant he would need to file with the Zoning Board of Appeals for an area variance and she wanted the sign to meet the requirements for having architectural design components. Commissioner Wilson asked if the sign is double sided and the applicant stated that it is. Commissioner Wallinger opened the public hearing. There were no public comments and the public hearing was closed. Motion by Commissioner Wilson, seconded by Commissioner Beach, to table the proposal so that the applicant can return with a sign designed with architectural elements and interest. Motion carried unanimously. C. POORAM RAMKARAM requests site plan approval pursuant to Section 264-90 M of a proposal to operate a West Indian store at 1481 State Street, tax parcel # 49.76-5-5, located in the “C-2” Mixed Use Commercial District. Dan Morelli, consultant for the applicant, stated the parking will be tight and no need for parking on the site. Spruce Street is where parking will be- catch basin. Will use the curb cut on the neighboring lot to park. There will be a little green buffer there and the brick pavers will be left in place. Commissioner Wallinger asked for questions and comments from the Commission. The City Planner asked if the dumpster will be in the rear parking area and explained that garbage storage is required and must be kept according to City standards. Commissioner Wilson asked what the paint colors would be for building and suggested that the colors could match with the color of the siding on the upper portion of the building. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion by Commissioner Beach, seconded by Commissioner Wilson, to issue a Conditional Site Plan Approval with the following conditions: 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars will not be installed on windows or doors in the future. 3. All paint colors will be submitted to Planning staff for final approval prior to painting the building. 4. If the applicant wants to install additional signage in the future, a professionally prepared sign proposal must be submitted to the City Planner for approval prior to the issuance of building permits.  5. A code compliant handicap ramp will be installed at the entry to the building, with access to the residential and commercial doors. Professionally prepared drawings must be submitted for the building permit application. The ramp must be installed prior to the opening of the business. Motion carried unanimously. VI. OLD BUSINESS A. ST. LUKES CATHOLIC CHURCH requests a Special Use Permit pursuant to Section 264-61 I of a proposal to install an electronic message board sign at 1235 State Street, tax parcel # 49.51-3-45.111, located in a “C-2” Mixed Use Commercial District. Carly Clark appeared before the Planning Commission to present the electronic message board sign designed for St. Luke’s Church. Changes were made based on Planning Commission feedback from the prior review and the request to add architectural elements to the sign so that if fits in with the character of the church grounds. Also, landscaping was added surrounding the base of the sign. The landscaping will be planted in the Spring of 2023. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion by Commissioner Beach, seconded by Commissioner Evers to issue the Special Use Permit for the electronic message board 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 sign is appropriate in scale and size for the large church property, but still serves the purpose the church seeks to keep their parishioners and the public informed. 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 sign will be located along a major commercial corridor and will be setback from the road way far enough that it will not cause adverse safety impacts.  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 sign will not create noise, fumes, vibration or flashing lights. The sign will include an automatic brightness dimmer so that it will not be too bright. The rate of change for each message is a maximum of every 8 seconds. 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 sign will not be located in the right of way and will be set back further than 3 feet from the sidewalk. The existing 2 signs will either be removed, or area variances will be obtained to allow for multiple freestanding signs as a condition of the Special Use Permit. Also, the electronic message board sign requires and area variance for the proposed height exceeding 7 feet tall. Motion carried unanimously. B. THOMAS LYNCH requests site plan approval pursuant to Section 264-90 L of a proposal to operate a charter school, Destine Preparatory Charter School, at 530 Franklin Street, tax parcel #’s 39.80-1-1&2, located in a “C-4” Downtown Mixed- Use Commercial District. Mr. Lynch and Mr. Kimmer from ABD Engineers appeared before the Commission. Commissioner Wallinger stated she had recently visited the site and there were improvements regarding the parent parking and circulation The city planner noted that the dumpster is still a problem because it is not enclosed on all 4 sides. Commissioner Wallinger asked the commissioners to comment about the project. Commissioner Beach said that this has been discussed before and made clear that landscaping needed to be added as the buffer between the sidewalk and the parking space and that big concrete planters were not acceptable. Mr. Lynch said they can construct the planters of wood and be 4 x 12 feet. Commissioner Wilson said revised plans need to be submitted to the City Planner for review by December 7th. Commissioner Wallinger requested that the Commission consider a conditional approval. for Motion by Commissioner Beach, seconded by Commissioner Wilson, to issue a conditional site plan approval with the following conditions: The applicant will submit a landscaping plan to the city planner showing the required buffers between the parking and the sidewalk by December 7, 2022. If there are any issues with the proposed plan, the applicant will attend the December Planning Commission meeting to resolve any outstanding issues. The condition is that once the plan is approved, the landscaping will be installed by July 31, 2023. Motion carried unanimously. C. CRYSTAL JONES requests site plan approval pursuant to Section 264-90 G of a proposal to renovate the existing building for use as a private club and business office at 2525 Broadway, tax parcel # 48.66-2-12 and 14.11 located in a “C-2” Mixed Use Commercial District, and tax parcel #’s 48.66-2-10 and 14.2 located in an “R-1” Single Family Residential District. Crystal Jones appeared before the Planning Commission and Planning Staff stating that she submitted a business plan to the Zoning Officer for review. She said she made it clearer as to what her intent with the private club and its to be a social club. A social club for professionals and to teach their skills to youth. The club will also have monthly fees. Finally, she said she had separated the businesses into 2, so the Zoning Officer could see there are 2 businesses instead of one. Commissioner Wallinger stated that the commission cannot conduct site plan review with a determination from the Zoning Officer that the proposed use is not permitted. The next necessary step would be for the applicant to appeal the determination with the Board of Zoning Appeals. Motion by Commissioner Lewis, seconded by Commissioner Evers, to table the application pending Board of Zoning Appeals review. Motion carried unanimously. VII. MISCELLANEOUS Commissioner Wallinger stated she and Christine Primiano had a meeting with Code Enforcement. The Codes Department will be changing the permit application form so they can better direct people to Development for site plan review sooner. The permit application will have a list of requirements for anyone who applies for permits. ADJOURN Motion by Commissioner Wilson, seconded by Commissioner Nadler, to adjourn the meeting. Meeting was adjourned at 8:50 p.m. Motion carried unanimously.