Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes October 18, 2023 I. CALL TO ORDER Meeting called to order at 6:00 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Bradley Lewis; Vice Chair, Randall Beach, Susan Nadler; Colin Evers; Michael Tearno; Hayden Engert; Christine Primiano, Principal Planner; Christopher Marney, Deputy Corporation Counsel; and Jack Connelly, Assistant Planner Excused: Jason Bogdanowicz-Wilson; Dharam Hitlall III. Conflict of Interest Check Commissioner Beach recused himself from the application by Maxon Alco Holdings LLC. Commissioner Wallinger: informed everyone that the meeting will start with the consent agenda, and she started with the roll call of all the Commissioners that were present, as stated above. Commissioner Wallinger went on to list the projects that were going to be discussed for the evening, and if anyone was there to speak about a project that wasn’t on the list, the Commission wasn’t going to be able to speak on it this evening. If the Commissioners have questions, the projects will be introduced, and applicants can come forward to speak about the project to the commissioners. The public will also have an opportunity to speak to the projects. Please speak directly to the Commission, that would be greatly appreciated. Commissioner Wallinger clarified that the 430 State Street agenda item would be moved to the first item discussed, followed by the Consent Agenda. I. NEW BUSINESS A. Phillip Morris requests a Special Use Permit pursuant to Section 264-61H of a proposal to install a mural on the rear of the building at 430 State Street, tax parcel #39.80-2-49.111, located in a “C-4” Downtown Commercial District. Betsy Sandberg appeared before the Commission to speak on behalf of Philip Morris. Ms. Sandberg told the Commission that the mural would be on the Lamp Lane portion on the rear of the building, and that all approval from SHPO was already granted. Given the fact that the project has already been delayed, Ms. Sandberg stated that even with approval the project would likely not start until the spring. No comments were heard from the public. Motion made by Commissioner Evers to give this project a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. Motion by Commissioner Beach, seconded by Commissioner Nadler 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 mural would in fact have a positive impact on the neighborhood. 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. 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. No nuisances have been identified or will occur as a result of the proposal. The mural will not draw any unwanted attention and will only be present for the enjoyment of the public. 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 will be no impact to facilities and services. All existing facilities and services adequately support the intended use. 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. As the applicant has gotten proper SHPO approvals and the mural will be on the rear of the building, no significant features will be harmed.  F. Compliance. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried unanimously. B. Consent Agenda: Carmine Sposito requests site plan approval pursuant to Section 264-90M of a proposal to operate an office at 1401 Union Street, tax parcel #50.21-1-24, located in a “C-2” Mixed-Use Commercial District. The applicant asked if there was any way to lower the amount of street trees requested as the property already has a number of trees. Commissioner Wallinger stated that as the property abuts a residential zone more screening is needed, which is why the additional trees were requested. The applicant was okay with this and agreed to the conditions, and all other staff comments. C. Consent Agenda: Asad Dawoodani requests site plan approval pursuant to Section 264-90M of a proposal to operate a deli at 602 Union Street, tax parcel #39.65-4-1, located in the “C-4” Downtown Commercial District and “OH” Overlay Historic District. Commissioner Wallinger informed the applicant on the conditions for approval, which consisted of leaving a trash can outside in order to mitigate debris on the sidewalk and the sign for the previous business would need to be removed. Additionally, the proposed window sign would need to occupy less than 20% of the window, and would need to appear before the Historic Commission for approval. D. Consent Agenda: Tim Rankins requests site plan approval pursuant to Section 264-90M of a proposal to operate a restaurant at 38-40 N. Broadway, tax parcel #39.64-3-40, located in a “C-4” Downtown Commercial District. Commissioner Wallinger mentioned a concern with the proposal that the white paint on the exterior of the building could become dirty easily. Mr. Rankins confirmed that it would be properly maintained and cleaned as necessary. Conditions of approval: 1. The address will remain prominently displayed so that it is easily visible from North Broadway. 2. Metal roll gates and iron bars will not be placed on any doors or windows at any time in the future.  3. A Certificate of Use is required to operate the business. 4. The dumpster enclosure needs to be replaced. A plan for the dumpster enclosure will be submitted to the City Planner for final approval by November 1, 2023. The enclosure will be constructed by June 1, 2024. 5. Commissioner Wallinger opened the public hearing. There were no comments from the public and the public hearing was closed. All three consent agenda items were Type II SEQR, and did not require a vote. Commissioner Beach made a motion to approve all Consent Agenda items with the conditions mentioned. Seconded by Commissioner Tearno. Motion carried unanimously. E. Randeep Singh requests site plan approval pursuant to Section 264-90M of a proposal to operate a motor vehicle sales business at 2229 Guilderland Avenue, tax parcel #48.75-2-47, located in a “C-1” Neighborhood Retail Business District. Dan Morelli of Morelli Designs came forward to speak on behalf of the applicant. There was some confusion between the applicant and the Commission, as the applicant had received a notice from the City Codes Department describing that the property was legally pre-existing non-conforming and did not have any violations. Counsel Marney confirmed that the letter was incorrect, and that there would be violations if the project continued as planned. These violations included not having the proper 15’ setback between the parking lot and the adjacent property, as well as not having a proper barrier to shield the neighboring property. Additionally, the sign in the front needed to be moved back 3’ from the property line. Mr. Morelli said that complying with all of these violations would be doable for the applicant. Mr. Morelli stated that a 6’ stockade fence would be used as the barrier, and agreed with Commissioner Wallinger that another tree could be added to the property. Commissioner Wallinger opened the public hearing. There were no comments from the public and the public hearing was closed. Motion by Commissioner Evers, seconded by Commissioner Engert, to approve the application with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Guilderland 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 parking lot will be set back 15’ from the adjacent property line.  4. A 6’ stockade fence will be installed along the same property line to act as the required barrier pursuant to Section 264-107. 5. The freestanding sign will be moved 3’ back from the front property line. 6. A tree will be added in the landscaping area adjacent to the parking at the front of the property. Motion carried unanimously. F. Ronald Mahabir requests site plan approval pursuant to Section 264-90M of a proposal to operate a grocery and fish market at 772 State Street, tax parcel #49.25-1-29, located in a “C-2” Mixed Use Commercial District. Mr. Mahabir appeared before the Commission to discuss the project and confirmed for Commissioner Wallinger that the pennant flags had already been removed from the premises. Ms. Primiano told Mr. Mahabir that before his business would be able to open he would need to obtain a Certificate of Use, which he had not received yet. Ms. Primiano also informed the applicant that any window signs would need to cover less than 20% of the window, as stated in City code. Parking was mentioned as a concern in the project. There was no active driveway, and the gap between Mr. Mahabir’s property and the neighboring parcel was deemed too narrow to create a driveway. Ms. Primiano believed that a referral to the Board of Zoning Appeals to allow for full off-site parking would be appropriate due to the fact that the area is walkable, is close to public transportation and the placement of the fire hydrant in front of the building eliminates the allowance for counting curb-side parking. Motion by Commissioner Beach, second by Commissioner Tearno to approve the application 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 placed on any doors or windows at any time in the future. 3. Garbage storage will be in the rear of the building, out of public view, at all times except during pickup. 4. A Certificate of Use is required to operate the business. 5. A trash receptacle will be provided at the entrance for customer use. The receptacle will be brought inside when the store is closed. 6. No more than 20% of each window pane can be covered with signs. 7. The applicant will obtain access to the rear parking or obtain a variance from the Board of Zoning Appeals for no onsite parking. 8. The pennant flags that are attached to the telephone pole will be removed immediately as they are overhanging the right of way. Motion carried unanimously. G. Maxon ALCO Holdings LLC requests site plan approval pursuant to Section to 264-90B and I, a Special Use Permit pursuant to Schedule B and a subdivision approval pursuant to Chapter 230, of a proposal to construct an arena at Mohawk Harbor, tax parcel #39.49-1.71, located in the “C-3” Waterfront Mixed Use District. Daniel Hershberg from Hershberg & Hershberg came forward to discuss the project with the Commission. Mr. Hershberg described the project as an event space that would be used for Union College hockey games as well as other large events. The seating capacity for Union games would be roughly 2,200 while upwards of 3,595 for other events. Mr. Hershberg said the total number of parking spaces would be split between 6 different lots and would total 780 spaces. This exceeds the 719 required by code. In the back of the premises, a material known as CORE grass, or a grass paver, would be used, as it is strong enough to support emergency vehicles while also being able to have grass grow through it, contributing to the aesthetic appeal of the area. The existing bike trail that runs through the site will be rerouted to circle around the east end of the building before continuing its usual path along the river. Mr. Hershberg mentioned that stormwater retention tanks would not be needed, as in this unique instance it would be preferable to displace the water into the river as quickly as possible. Commissioner Wallinger told the Commission that the only action to be taken at this meeting would be a SEQR vote. If the Commission determined it was a Type I SEQR then notices would be sent to interested agencies, which would likely result in Metroplex offering to become lead agency. Commissioner Wallinger also recommended adding more trees throughout the site, specifically targeting areas closer to the bike path. Mr. Hershberg stated that while an arena of this magnitude would attract many cars, most of the events held would not be during peak traffic hours, and therefore felt confident that traffic conditions would not be significantly worsened as a result. Mr. Ray Gillen of Metroplex spoke during the public comment portion, stating his approval for the project. Mr. Gillen mentioned that previous administrations in Schenectady did not believe this area could be developed in the manner that it has been, and this arena has the potential to be a great attraction in the city that would help with tourism, jobs and other businesses in the area. Mr. Todd Carofonda stated that the number of hotels in the area would greatly benefit from the construction of this arena, and echoed Mr. Gillen’s thought on the boost it would bring to tourism and surrounding businesses. Ms. Mary Anne Ruscitto was overall supportive or the project, praising the work that had been done previously in the Mohawk Harbor area, but feared that it would lead to an influx in cut-through traffic in the Front Street neighborhoods. Ms. Russillo felt that the entire Stockade may be negatively effected as a result of this, and requested the applicants look into ways to mitigate these concerns. Ms. Russillo also shared concerns brought to her by her neighbors, which revolved around the safety of Union College students who would have to cross Erie Boulevard to access the arena, should they choose to walk there. Mr. Sebastian Sukram stated his support for the project. Mr. David Hogenkamp of Metroplex addressed some of Ms. Russillo’s concerns, stating that there were other projects, such as a Jay St-Erie Blvd connector project and an ALCO Tunnel project that were still in their early stages, but would help with traffic flow and safety once completed. Once the public comment portion was closed, Commissioner Tearno asked about the bike trail as it seemed to lose its buffer when going around the proposed roundabout on the east side of the property. Mr. Hershberg noted the comment and said that there were ways to alleviate that going forward. Motion by Commissioner Evers, seconded by Commissioner Tearno, to approve a Negative Declaration for the Type I Action. Motion carried, with Commissioner Beach recused due to a conflict of interest. Motion carried unanimously. H. Malyar Safi requests site plan approval pursuant to Section 264-90M of a proposal to operate a halal grocery store at 1816 State Street, tax parcel #60.47-1-2, located in a “C-5” Business District. The applicant first brought to the attention of the Commission that originally the parcel was believed to be 1818 State Street, however it was actually 1816. 1818 is a tire shop that is physically connected to the proposed halal grocery shop. The applicant said that he had received the comments given from Development staff and had no issues with them. At Commissioner Wallinger’s request, the applicant said a tree would be added in front of the building. The applicant noted that one handicapped spot would be in the front of the building, but the rest of the parking would be in the rear in order to avoid people backing out directly onto State Street.  Motion by Commissioner Engert, seconded by Commissioner Tearno, to approve the application 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 placed on any doors or windows at any time in the future. 3. Garbage storage will be in the rear of the building, out of public view and enclosed in the dumpster area, at all times except during pickup. 4. A Certificate of Use is required to operate the business. 5. A trash receptacle will be provided at the entrance for customer use. The receptacle will be brought inside when the store is closed. 6. No more than 20% of each window pane can be covered with signs. 7. The Handicap loading zone will be relocated next to the building and a 4 foot greenspace buffer will be put in it’s place. The four foot greenspace buffer will be 18 feet long and will contain one flowering tree that will not interfere with the powerlines. 8. The existing parking spaces in front will be removed when the handicap parking space is installed. Motion carried unanimously. I. Sol Dejesus and Richard McCloud request site plan approval pursuant to Section 264-90M of a proposal to operate a barber shop at 1369 Lower Broadway, tax parcel #49.37-2-14, located in the “M-1” Light Manufacturing and Warehousing District. Mr. Richard McCloud came before the Commission to discuss the proposed barber shop. Mr. McCloud said that he had received the staff comments and had no issue complying with them. Commissioner Wallinger suggested adding planters under one of the windows to discourage parking on the sidewalk, as she had noticed some cars consistently parking on the sidewalks. The applicant agreed to put three small planters as a condition of approval. The applicant asked if they were allowed to have a second sign since they were on a corner lot. Ms. Primiano responded saying that a second sign was permissible, but it would need further review before it could be put up. Commissioner Wallinger opened the public hearing. There were no public comments and the public hearing was closed. Motion by Commissioner Engert, seconded by Commissioner Lewis, to approve the application with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Lower Broadway  2. Metal roll gates and iron bars will not be placed on any doors or windows at any time in the future. 3. Old pennant flags will be permanently removed. 4. The automobile sales business can have one sign on the side of the building. The second sign must be permanently removed. 5. The vehicles parked on the sidewalk must be permanently removed. No parking for any business is permitted on the city sidewalk. Sidewalks must be maintained at all times for pedestrians. 6. Three small planters will be added below the windows and maintained throughout the year. 7. The sidewalk on Lower Broadway will be replaced to City standards by September 1, 2024. Motion carried unanimously. J. The Department of Development requests approval of an amendment to the subdivision regulations, Chapter 230 of the City Code, for purposes of providing a condominium lot apportionment approval process. Counsel Marney said that the subdivision regulations adopted by the City were adopted in 1968 and last updated in 1982 and needed to be modernized. Counsel Marney made it clear that this process would not be amending City Code, but would simply be creating new regulations. Therefore, these changes could be made by the Planning Commission and would not need to appear before the City Council. The changes would remove the pre-application process as well as the preliminary plat process, both of which were not overly useful in Schenectady and were burdensome on applicant. Mr. David Hogenkamp spoke in favor of these changes. Motion by Commissioner Nadler, seconded by Commissioner Beach, to approve the amendments to the subdivision code. Motion carried unanimously. II. MISCELLANEOUS III. ADJOURN Motion to adjourn made by Commissioner Engert, seconded by Commissioner Tearno. The meeting adjourned at 8:12 PM.