Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes November 15, 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, Jason Bogdanowicz-Wilson; Dharam Hitlall; Colin Evers; Michael Tearno; Hayden Engert; Christine Primiano, Principal Planner; Christopher Marney, Deputy Corporation Counsel; and Jack Connelly, Assistant Planner Excused: Susan Nadler 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. Larapa Serafini Partnership requests an extension of site plan approval pursuant to Section 264-93 C. of a proposal to construct a 14-unit apartment building located at Lot 7 of Angela Court, tax parcel # 60.61-1-40, located in an “R-3” Multiple Family Residential District. Angelo Serafini came before the Commission and requested a 1 year extension for the previously granted site plan approval. Mr. Serafini stated that no changes were being made to the plan. Commissioner Wallinger noted that the original approval expires on 1/18/2024 so the extension would go until that date in 2025. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion made by Commissioner Evers, Seconded by Commissioner Beach, to grant the site plan approval extension. Motion carried unanimously. B. Capital Region Gaming LLC requests site plan approval pursuant to Section 264-90 I of a proposal to construct a 450 +/- SF addition to the rear of the building and a 1,100+/- SF addition to the front of the building at 1 Rush Street, tax parcel # 39.49.2-1.71 located in a “C-3” Waterfront Mixed Use Commercial District Caryn Mlodzianowski appeared before the Commission to describe the project. Both patios will be extensions of original patios on site which need to be enlarged due to the popularity of the sites. The southern patio facing the front of the property is a designated smoking area while the northern patio facing the Mohawk River is a VIP space. Both patios will be roofed to make them suitable for year-round usage. The only existing structures to be moved are the stormwater structures, which will be relocated to existing green area. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion made by Commissioner Beach, seconded by Commissioner Engert, to issue a negative declaration for SEQR. Motion carried unanimously. Motion made by Commissioner Wilson, seconded by Commissioner Hitlall, to issue site plan approval for the proposal without any added conditions. Motion carried unanimously. C. Spicy Safari, LLC requests site plan approval pursuant to Section 264-90M of a proposal to operate a restaurant at 606 State Street, tax parcel # 39.80-2-28, located in a “C-4” Downtown Commercial District. Dan Morelli of SRG Architects presented the Spicy Safari proposal at 606 State Street. Mr. Morelli informed the Commission that although the building for the site was quite large, Spicy Safari would only be renting out the first floor front right corner of the building. The overall size of the restaurant would not be much, and while there would be a few tables for dine-in customers, the majority of business would be take out. Given the fact that most of the customers would not be staying for prolonged periods of time, Mr. Morelli did not feel like parking would be an issue. His point was furthered by the fact that the site is directly next to a CDTA bus stop and there is on street parking available as well. Commissioner Wallinger asked about the refuse location and availibility for the building. Mr. Morelli informed the Commission that the garbage area was owned by the building owner, not Spicy Safari and was not currently enclosed. Commissioner Wallinger said that any approvals would be contingent on the fact that the garbage storage becomes enclosed. A Certificate of Use would also be needed. Mr. Morelli confirmed that the applicant was ready to obtain the Certificate as soon as Planning Commission approvals were received. Mr. Morelli showed pictures of the proposed sign to the Commission which would be pink neon lettering. The sign was relatively small and would reside in one of the main windows, and the Commission was generally favorable of it. Commissioner Wilson and Ms. Primiano agreed that the entry door on the corner was not overly noticeable and recommended changes to make it stand out. The most discussed changes included added lettering to the door to identify it as the entrance to the restaurant and painting it to match the trim of the building. Mr. Morelli agreed with these concerns as there are multiple entrances to the building that lead to different areas within. Ms. Primiano said that the details of the door could be discussed with her at a later date, but emphasized the importance of making these changes. Mr. Morelli told Commissioner Wallinger that the business would be open Monday-Sunday from 10AM-6 or 7PM.  Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion made by Commissioner Tearno, seconded by Commissioner Beach, to issue conditional site plan approval with the following conditions: 1. The address will be prominently displayed on the entry door so that it is easily visible from State Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The entry door will be repainted to match the existing trim on the building by July 1, 2024. The chosen painted color for the door must be submitted to planning staff for final approval prior to painting. 4. Pursuant to Section 264-49 G, the dumpster in the rear of the lot must be properly enclosed and screened from public view. The dumpster must be enclosed by July 1, 2024. 5. A Certificate of Use is required to operate the business. Motion carried unanimously. D. Tacos and Margaritas Cantina requests site plan approval pursuant to Section 264-90M of a proposal to operate a restaurant at 1625 Union Street, tax parcel # 50.31-2-20, located in a “C-2” Mixed Use Commercial District Jason Singer of Nolan Engineering represented Tacos and Margaritas Cantina. Mr. Singer stated that there was an arranged shared parking lot in the back of the building in which the dumpster was also located. The Commission agreed that both of these items are a requirement of site plan approval and that a shared agreement is acceptable for compliance. Mr. Singer said that there would be minimal work done to the exterior of the building. The main changes would be the sign to be added across the façade, the exterior lighting would be shifted to better light the signage and the applicant wanted to add garage door to open up during the summer months which would also allow for outdoor seating. A blade sign was also discussed which Commissioner Wallinger noted would require a revocable permit from the City. Ms. Primiano said she was going to look into whether a variance for the blade sign was necessary. The Commissioners discussed at length the idea of the garage doors. While the open concept was generally favorable, the Commission recommended incorporating a main pedestrian door as well. Ms. Primiano recommended sliding the garage doors down a bit to allow a main entry door to the left of the front facade. Commissioner Wallinger stated that any approval would be conditional based upon a more extensively submitted door plan. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion made by Commissioner Evers, seconded by Commissioner Engert, to issue conditional approval of the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Union Street 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The configuration of the doors will be redesigned and submitted for final Planning Commission approval. 4. The final sign proposal will be submitted to the City Planner for final approval prior to purchase, fabrication, and installation of the sign(s). 5. A Certificate of Use is required to operate the business. 6. Outdoor seating in the public right of way requires approval of an Outdoor Café Permit issued by Code Enforcement. Motion carried unanimously. E. David Nesheiwat requests site plan approval pursuant to Section 264-90M of a proposal to operate a retail cannabis dispensary at 1610 Eastern Parkway, tax parcel # 50.29-2-2.12, located in a “C-2” Mixed Use Commercial District Gordon Furlani from CBRE, and David Nesheiwat, tenant, appeared before the Commission to discuss the proposal at 1610 Eastern Parkway. Mr. Furlani discussed the parking situation and noted that he did not see that as an issue. Although 15 spaces would be required to accommodate customers and employees, he felt confident that he could receive an easement from the Golub Corporation for many more that were necessary. Mr. Furlani also noted that there were businesses along that same stretch of Eastern Parkway that utilized on-street parking. The existing drive-thru was a concern across the Commission. Mr. Furlani originally suggested putting planters on the curb cut to deter drivers from driving through that area, however the idea of closing the existing curb cut there to replace with another that offered access into the parking lot was later discussed and found to be more favorable for both the Commission and applicants alike. Commissioner Wallinger felt there was ample room to add additional trees around the property. The applicants said that if the Commission was in favor of more trees then they would be okay with that. Multiple Commissioners had concerns over the current run-down appearance of the property and feared that a white exterior paintjob would get dirty quickly and degrade the aesthetics of the building. Commissioner Wallinger recommended portions of the building be painted black with white lettering to combat that issue. Commissioner Wallinger opened the public hearing. Tom Carey, Chair of the Schenectady United Neighborhoods spoke in opposition to the project. Mr. Carey said that the application was fully deficient as it did not show proper dimensions or elevations and there was no easement shown regarding the parking agreement with Golub. Mr. Carey feared that there would be excessive amounts of street parking and cars would eventually double park creating traffic hazards on Eastern Parkway. Commissioner Wallinger read two letters into the record as well from neighbors of the site who also disapproved of the project. Commissioner Wallinger closed the public hearing. Commissioner Wilson mentioned the current dispensary on Upper Union Street and how there are generally long lines on the sidewalks outside of the site. Commissioner Wilson felt that the plans lacked security features as they were shown, as they stated that they would not incorporate any lighting changes to the property. Commissioner Tearno suggested that once the official dispensary parking spaces were delineated that curbing was placed behind them to distinguish them from the rest of the Price Chopper lot. The Commission agreed that there was not enough information present to make any sort of approval for this project. Motion by Commissioner Engert, Seconded by Commissioner Hitlall, to table the proposal due to an incomplete application. Motion carried unanimously. F. Hospitality Syracuse, INC. requests site plan review pursuant to Section 264-90B and G and a Special Use Permit pursuant to Schedule B of a proposal to construct a restaurant with drive-in service at 2035 State Street, tax parcel # 60.56-3-45.1, located in a “C-5” Business District Sam Burden of Bohler Engineering and Mike McCracken of Hospitality Syracuse were present to discuss the proposed Taco Bell for 2035 State Street. Mr. Burden recapped the discussions that took place at the previous Planning Commission meeting regarding this same property, and then went over the updates that had happened since the last meeting. Among these updates were the  drainage report having been given to the City Engineering Department and all necessary signage variances were received as a result of the previous BZA referral. Mr. Burden also noted that the proposed trees had shifted slightly to offer better signage visibility. Commissioner Wallinger approved of the shorter hedge maples that were proposed on State Street, but encouraged larger red maples along Linda Lane where there were no present telephone lines that would interfere with larger tree growth. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion by Commissioner Beach, seconded by Commissioner Tearno 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. State Street is highly commercialized as it is, and the addition of a drive-thru restaurant would not degrade the surroundings. 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 proposal fits in with the surrounding properties located in State Street’s C-5 Business District 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 fact that the menu board and ordering system self adjust based on ambient light and sound levels lowers the nuisance for surrounding residential properties. 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.  F. Compliance. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. All incompliant sign proposals have received proper area variances from the Board of Zoning Appeals. Motion carried unanimously. Motion made by Commissioner Hitlall, Seconded by Commissioner Engert, to issue 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 any doors or windows at any time in the future. 3. The trees adjacent to Linda Lane will be Red Maple trees. 4. The business must obtain a Certificate of Use License prior to operating the restaurant. Motion carried unanimously. G. Good Clean Money LLC requests site plan approval pursuant to Section 264-90B and F of a proposal to construct a 37-unit apartment building and parking lot at 1731-1733 Van Vranken Avenue, tax parcel numbers 39.43- 2-44 and 39.43-3-10, located in a “C-2” Mixed Use Commercial District. Caryn Mlodzianowski of Bohler Engineering came forward to discuss the project with the Commission. Ms. Mlodzianowski detailed the minor changes that had come since the last come before the Commission. Most notably, there were now 6 on-site parking spaces which were rearranged to provide much more green space in the rear of the property. The proposed lot across the street would have an additional 31 spaces. In order to facilitate safer travel for residents parking in the larger lot and walking across Van Vranken, the applicant has proposed to add a crosswalk and a curb bump out. The final design of the crosswalk will be approved by the City Engineer. Commissioner Wallinger asked about the possibility of adding a larger tree by the benches in the back of the property. Ms. Mlodzianowski agreed that would be a good idea. Commissioner Wallinger opened the public hearing. There were no comments and the public hearing was closed. Motion by Commissioner Evers, seconded by Commissioner Engert, to approve the site plan with the following conditions: 1. The address will be displayed so that it is easily visible from Van Vranken Avenue.  2. The design of the mid-block crosswalk will be approved by the City Engineer. 3. A large shade tree will be added to the site plan in the vicinity of the benches. Motion carried unanimously. H. Maxon ALCO Holdings LLC requests site plan approval pursuant to Section 264-90B and I, a special use permit pursuant to Schedule B, and a subdivision approval pursuant to Chapter 230, or a proposal to construct an arena at Mohawk Harbor, tax parcel # 39.49-2-1.71, located in the “C- 3” Waterfront Mixed-Use District. Commissioner Beach recused himself from participating in this review due to a conflict of interest. Dan Hershberg from Hershberg & Hershberg, Dave Buicko, Dave Ahl, Tom Owens and David Hogenkamp from Schenectady Metroplex came forward to discuss the proposed arena at Mohawk Harbor. Mr. Hogenkamp detailed the SEQR findings, specifically related to traffic that Metroplex had done. The findings shown that the current intersection in the area were performing well and would be expected to continue that way even during a high capacity arena event. Mr. Hogenkamp noted that even the East Front Street access point from the Waterfront District had a much higher traffic capacity than expected, and traffic as a result of the arena was not anticipated to impair the Stockade. Mr. Hershberg talked about some of the changes that had happened in the proposal since last month which arose from comments by the Commission, Development staff and the City Engineer. Among these, was the movement of the existing bike trail to wrap around the back side of the arena which would take it away from traffic and give riders a better view of the Mohawk River. The roundabout was also relocated to facilitate better movement for cars in the parking lot looking to turn around and exit the site. The transformers and generators were moved to the back of the premises and Mr. Hershberg was confident that they would be properly screened from view. Mr. Hershberg further detailed the shared parking situation that the arena would utilize. There were 6 lots proposed to accommodate the arena’s capacity. On-site parking at the event center could hold up to 57 spaces, auxiliary lot 1 had 73 spaces, the lot by Druther’s had 88 spaces, 220 Harborside Dr. had 516, location 5 at Harborside Drive had 34 spaces and another proposed lot on Maxon Rd. had 66 spaces. Counsel Marney clarified that even though the site proposed 834 shared spaces, City Code requires the lot has at least 719 that are fully dedicated to the arena. A referral to the BZA would be necessary to allow the parking as proposed. The Commissioners were generally receptive to the renderings showing how the arena would look for the street but wanted to know how the view would be from the River. While all agreed that it would be nice to have interior views of the Mohawk, the applicants informed the Commission that it wasn’t feasible as the natural light would impact the ice when hockey games were occurring. Mr. Ahl stated that parking directly in front of the building would be necessary for the purposes of staff or referee parking for events. There would be security and safety staff on site to help mitigate hazards from cars backing out while the arena was emptying pedestrians onto the streets. Mr. Buicko told the Commission that Harborjam has roughly 5,000 people and there have not been any issues with only using the existing parking. Considering the amount of additional parking that would be added, the applicants do not see parking being an issue even on the busiest event days. With the exception of hockey games, the arena would mostly be used for conventions and trade shows. Both of these events would take place during the day, and therefore would not conflict with regular rush hours for the Waterfront District. Ms. Primiano confirmed with the applicants that there would be ample staff on hand to both direct patrons into and out of the site during busy events. One of the main responsibilities of the staff would be to inform drivers when certain lots had been filled, so they could be directed to other lots nearby. Ms. Primiano recognized that lot 6, proposed to be located on Maxon Rd/Nott St. may not end up being necessary, but if it did need to be created it would need additional site plan approval as it would not be located on the Mohawk Harbor site. Commissioner Tearno asked how people would properly walk from lot 6 to the arena. Mr. Ahl said that an asphalt sidewalk would be constructed which would have adequate lighting and markings to direct pedestrians accordingly. Additionally, there would be proper directions on the arena’s website and likely Union College’s to inform visitors where to park and how to properly arrive at the arena. Commissioner Wallinger was highly favorable of the improvements to the bike path, but recommended portions by the road be painted green so car drivers could distinguish the path from the road. Mr. Hershberg told Commissioner Engert that there would be 3 fire hydrants on site, including one to be added at the northeast corner which the other two coming at the front and the rear of the property. Commissioner Wallinger opened the public hearing. Maryanne Ruscitto of the East Front Street neighborhood recommended increased lighting by the existing parking lots, as she noted it was incredibly dark in those areas at night. Mr. Buicko understood this concern, but stated that those issues occurred on City streets and therefore the applicants had no authority to make changes there. Suzanne Unger of the Stockade Association and had serious concerns over the additional traffic that the arena would bring to the Stockade. Ms. Unger stated that although she didn’t necessarily disagree with Metroplex’s SEQR comments regarding traffic, the Stockade was a special historic district and therefore should be treated differently from other neighborhoods due to the age of the buildings. Ms. Unger thought this was a good opportunity for the City to implement traffic calming strategies for the Stockade district. Gloria Kishton of the Schenectady Heritage Foundation spoke highly of the proposed arena and Mohawk Harbor development as a whole, but still expressed concerns about how traffic from the arena would affect the Stockade. Ms. Kishton recommended further analysis and traffic calming measures be discussed with the arena project. One of these recommendations was making Front Street a one-way street to deter drivers from exiting from the casino area into the Stockade. Mr. Hogenkamp discussed other Metroplex plans, such as connecting Jay Street with Nott Street, which would provide another route for traffic to go other than through the Stockade. There were no further public comments and the public hearing was closed. Commissioner Tearno recommended adding bollards at the entrances to the bike path along the road to stop cars from accidentally confusing the path with a road. Mr. Buicko told the Commission that for events drivers are typically funneled towards Mohawk Harbor Drive, and given the fact that the arena would be on the opposite side of Mohawk Harbor from East Front Street, he did not see traffic onto Front Street being an issue. Motion by Commissioner Evers, seconded by Commissioner Hitlall to approve the subdivision. Motion carried unanimously, with Commissioner Beach abstaining. Before voting on the issuance of a Special Use Permit, Commissioner Wallinger discussed wayfinding strategies to encourage drivers towards Erie Boulevard instead of towards East Front Street and the Stockade. While Mr. Buicko argued that those roads were City streets and not privately owned, Commissioner Wallinger said that common sense wayfinding strategies were common planning practices that needed to be discussed. Mr. Buicko told the Commission that even now for larger events at the casino, Schenectady Police block the entrance to East Front Street and only allow residents to enter that way. Mr. Hogenkamp encouraged increased wayfinding signage to guide drivers properly. Commissioner Marney confirmed that although 719 spaces are required and the applicant has provided 834, variances will still be needed as the Code requires the 719 spaces to be fully dedicated to arena parking, which they are not. Additionally, another variance will be needed as a number of the spaces are more than 500 feet from the principal building and finally for front lot frontage of the building. Motion by Commissioner Tearno, seconded by Commissioner Engert to approve the Special Use Permit with a BZA referral, with the following findings of fact: 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 arena is found to be appropriate for the C-3 Waterfront District. A. 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. Metroplex had completed a traffic study as a part of the SEQR review, and the applicant has provided multiple parking options both on and off site. As a condition of the Special Use Permit, the applicant will provide wayfinding signs on their own property to direct drivers to the preferred means of egress. The Commission noted Metroplex in coordination with the City will continue wayfinding projects in the Mohawk Harbor area going forward as well. 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. Wayfinding measures would further help mitigating nuisances by directing drivers accordingly out of the premises. As the arena is located on the opposite side of the casino from the Stockade there will likely be less drivers heading through Front Street to exist the Mohawk Harbor. 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. A condition of Special Use Permit approval would be that for events with an excess of 2,500 people, the applicants would be required to coordinate with City police for security and traffic direction. It was noted that the current roundabout and intersections had been performing well and were expected to hold up in spite of any additional traffic brought by the arena. 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. The moving of the bike path will result in an enhancement of significant features, and the more recent iterations of the site plans incorporate more green space, which is favorable from a natural standpoint.  L. Compliance. The proposed building or use complies with all additional requirements imposed on it by the provisions of this chapter. Although as currently proposed there are Zoning Code violations with this project, the applicants will be submitting applications into the Board of Zoning Appeals for necessary area variances. The Special Use Permit will be contingent on the granting of these variances, and new plans shall be submitted if the variance applications fail. Motion carried unanimously, with Commissioner Beach abstaining. Motion by Commissioner Hitlall, seconded by Commissioner Engert to issue conditional site plan approval with the following conditions: 1. Trees will be added in the area between the closest satellite parking area and the bike path 2. A mountable curb will be added when pavement is the only thing separating the bike path from the street 3. The bike path will be painted green in areas where it is not separated from the road by landscaping 4. The applicant will provide detailed elevations for the rear of the building as seen from the Mohawk River at the December 20th Planning Commission meeting to obtain final approval. Motion carried unanimously, with Commissioner Beach abstaining II. MISCELLANEOUS III. ADJOURN Motion to adjourn made by Commissioner Engert, seconded by Commissioner Tearno. The meeting adjourned at 10:16 PM.