Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes December 20 , 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, 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, Randall Beach III. Conflict of Interest Check No conflicts of interest for this meeting 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. Commissioner Wallinger made a minor correction to the November 15 meeting minutes, and requested Development staff make the updates after the meeting. Outside of the minor corrections, no further comments were made regarding the minutes. Commissioner Engert made a motion to approve the November 15 minutes with Commissioner Hitlall seconding. The motion was carried unanimously. I. NEW BUSINESS  A. Shalena Murray requests site plan approval pursuant to Section 264-90 M of a proposal to operate a Banquet Hall at 801 Crane Street, tax parcel # 49.47-2-45, located in a “C-2” Mixed Use Commercial District. Mr. Dan Morelli came forward on behalf of Shalena Murray, who was noted to be in attendance and would step forward to speak on specific issues later. Mr. Morelli explained to the Commission that 801 Crane, as well as the adjacent properties on either side were owned by the Spirit and Truth Church, and Ms. Murray would be leasing the space from the church, Mr. Morelli said that a code analysis draft had been prepared and could be submitted tonight if requested. Two lights would be added to the front of the building by the main entrance, and the sidewalk would be redone as well to comply with City standards. Mr. Morelli also detailed that a tree would be added to the empty space in the front of the building as was requested in the staff comments. Signage was proposed for the windows, but was detailed to cover less than 20% of the window. Mr. Morelli spoke to the parking situation, stating that the adjacent church has a large parking lot that would be available for use by the banquet hall. Altogether, the site has 64 spaces where only 50 are required. The said an agreement is in place between the church and the banquet hall, but the proper paperwork would still need to be finalized and submitted. Furthermore, Ms. Murray did not plan on utilizing the banquet hall when the church was in use. Mr. Morelli discussed a few options to make the entry way ADA accessible, such as adding a horizontal ramp to the front entrance although the preferred method was to construct a side entrance closer to the parking lot which would be the accessible entrance. No concerns were noted by the applicant in regards to the staff comments, except for the comment regarding hours of operation. Mr. Morelli said that Ms. Murray would address this issue later on. Mr. Morelli mentioned that the interior likely needed to be fire rated, but the specifics could be worked out with the Building Department at a later date. Additionally, Ms. Murray was aware that the Certificate of Use and Public Assembly License were needed, and she had begun to work on both of them. Ms. Murray came forward stating that although one of the staff comments mentioned that the business should close at 10pm, she preferred to close at 2am as there are similar businesses in the area that close at 2. The business would not be open every day, and was not intended to be an after hours hang out spot. Commissioner Wallinger discussed the ADA accessibility further. Mr. Morelli said one possible solution was a temporary ramp at the front entrance that could be removed to avoid tripping hazards. Commissioner Wallinger noted that a revocable permit may be needed for that. Planters were suggested to be added by the ramp to mitigate the chances of tripping on the ramp as well as provide an opportunity to add plants to the site. Mr. Morelli furthered his point that the side entrance would be the preferred ADA access point, as only one of the entrances needed to be ADA accessible. The applicant agreed to comply with Commissioner Wallinger’s request to add some striping across the driveway to allow safer travel from the parking lot to the building. Although the driveway was very narrow, Mr. Morelli did not see it as an issue for accessing the 6 parking spaces in the back of the property as there was access through the main parking lot. Mr. Morelli said that although there are not currently handicapped parking spaces closer to the banquet hall there would be going forward. After some discussion, it was determined that there could not be an easement issued to allow access through the parking lot to the rear spaces since both parcels were owned by the same entity. Therefore, a condition should be imposed stating that in the case that one of the parcels falls into new ownership an easement or other agreement shall be produced. It was confirmed that Ms. Murray would not host any events while the church is in session. The Commission returned their focus to the hours of operation. Ms. Murray said the facility would host business meetings, pop-up shops, brunches, birthday parties and events of that sort. Commissioner Tearno and Hitlall agreed that this area of Crane was more commercial and similar businesses less than a half mile away were allowed to be open until 2. Counsel Marney delineated the definition of a banquet hall as expressed in City code, for the clarification of distinguishing a banquet hall from a night club. After opening the public hearing, a neighbor, Mike Holubek, came forward to express concerns that the facility may operate more as a night club due to the proposed hours, and feared that music that late could disturb the neighborhood and requested that doors be closed while music was playing at night. He also brought up the reflective material on the door that was opaque and posed a safety hazard. Many interior issues were mentioned as well, which Commissioner Wallinger stated would be handled by Codes later on. Hearing no further public comment, Commissioner Wallinger closed the public hearing. Mr. Morelli said that the reflective door was a pre-existing condition and would be changed without a problem. Mr. Morelli further confirmed that all events would be solely inside the building. The Commission agreed that doors would need to be closed after 10pm, in order to mitigate noise to the neighborhood from inside the venue. Counsel Marney clarified that a banquet hall was only allowed to be open to private events, and not open to the public. Mr. Morelli said that the trash can in the front of the building had been affixed to the ground. Commissioner Wallinger said that two trees in front would be required- it would be up to the property owner whether he wanted to move the trash can and put the tree there or keep the trash can and remove a panel of sidewalk to put a tree there. Commissioner Wallinger noted that as this was solely a change in tenancy SEQR would not be needed. Motion made by Commissioner Evers , Seconded by Commissioner Tearno , to grant the site plan approval with the following conditions:  1. The address will be prominently displayed so that it is easily visible from Crane Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. All code requirements will be addressed with the City Code Enforcement office. 4. The glass on front door will be replaced/modified to be transparent. 5. A secondary entrance door will be added to the side of the building. 6. The secondary door will be ADA accessible. 7. Striping will be added to the pavement across the driveway to safely direct people from parking lot to the building. 8. A parking agreement will be submitted to the City zoning officer for final approval prior to operating the business. 9. The ramp in front of the building will meet New York State building code. 10. Planters will be added by the front of the ram. 11. Teo tall shade trees will be added in front of building. 12. All entry doors will be closed after 10pm to mitigate possible noise pollution. 13. If any revocable permits are required, they must be obtained prior to opening the business. 14. The business requires a Certificate of Use to operate. Motion carried unanimously. B. Dilip Pokhrel requests site plan approval pursuant to Section 264-90 M of a proposal to operate a retail tobacco store at 1608 Union Street, tax parcel # 50.30-3-5, located in a “C-2” Mixed Use Commercial District. Mr. Dilip Pokhrel came before the Commission to discuss his House of Glass business which also has locations in Albany and Troy. Mr. Pokhrel said that there would be no construction on site, and the building would largely stay the same. Commissioner Wallinger discussed another smoke shop on State Street that has lights so bright that it creates a nuisance. Mr. Pokhrel confirmed there would be no such lights on site. The hours of operation would be 10am-10pm. Commissioner Wallinger told Mr. Pokhrel that Ms. Primiano would need to confirm any signage before it is put up. Mr. Pokhrel said that the business produces minimal garbage and did not envision a dumpster being needed. Counsel Marney informed the Commission that it was City code that commercial businesses have a garbage contract either privately or with the City. Mr. Pokhrel understood and said that he would be happy to comply. Mr. Pokhrel told Ms. Primiano that he had no problem putting a “No Parking” sign in front of the red curbed area on the corner of Union and Woodland. Ms. Primiano told the applicant that a Certificate of Use would be required- Mr. Pokhrel stated that he already planned on doing so before opening. Commissioner Wallinger opened the floor for public comment, but did not get any response from the audience and subsequently closed the public comment period. There was no SEQR required for the change of tenancy. Motion made by Commissioner Tearno , seconded by Commissioner Wilson , to issue site plan approval for the proposal with the following conditions:  All staff comments would be addressed  The final signage package would be approved by Development staff  Garbage contract to be obtained prior to opening  Lighting plan to be in concert with neighborhood design guidelines Motion carried unanimously. C. AIKMLB HOLDINGS LLC requests subdivision approval pursuant to Chapter 230 of the City Code to apportion the lands at 364, 416, 417, 420, 422, 430, 502, 504, 516, 528, 546, 549, 550, and 555 Summitt Avenue; tax parcel #’s 49.24-3- 47, 49.24-2-11.1, 49.32-2-6.1, 49.24-2-13.1, 49.24-2-14.1, 49.24-2-18.1, 49.24-2- 20.1, 49.24-2-21, 49.31-2-4.1, 49.31-2-9.1, 49.31-2-18.1, 49.31-3-46.1, 49.31-2- 20.1, 49.31-3-44.1 respectively, 347 Georgetta Dix Plaza, tax parcel #49.24-4- 3.1, 503 Mumford Street, tax parcel # 49.32-1-7.1, and 497 Mumford Street, tax parcel # 49.32-1-10.11, from one lot to two lots, located in “R-1” Single Family and “R-2” Two-Family Residential Districts. Mr. Damien Pinto-Martin came forward on behalf of AIKMLB Holdings. Mr. Pinto- Martin said that 38 single family homes would be constructed with an additional 3 to be sold as duplexes. Mr. Pinto-Martin said that it was determined that the most sensible path for this project was to split the parcels in half in order to more easily delineate ownership. Mr. Pinto-Martin mentioned that as now all of the parcels will be split, there will be need to go again to the BZA in order to obtain all necessary front yard setback variances. Although the lots are split, the overall layout of the project had not changed since it’s last appearance in front of the Planning Commission. All staff comments were reviewed and none were deemed as an issue from the applicant’s standpoint. Mr. Pinto-Martin did not believe that this project would increase fire department loads, in response to a comment from the Fire Department, but mentioned that it could be looked further into if necessary. Commissioner Wallinger had a discussion regarding trees in regards to shading the sidewalk. Mr. Pinto-Martin said that most of the trees were planned to be in the front yards so the roots did not disrupt the sidewalk, however Commissioner Wallinger mentioned that there may be benefits to have them closer to the sidewalk such as traffic calming and shading of the sidewalk. Mr. Pinto-Martin was open to looking into the possibility of moving them closer to the sidewalks- Commissioner Wallinger said that specific tree species could be discussed later so ones that would not impact the sidewalks as much could be chosen. 702 Westover was noted to have further applications coming to ensure lot line adjustments in order to satisfy setbacks and make the property code compliant. Commissioner Wallinger said that she would like a condition of approval to be that if the trees were to be placed behind the sidewalks, she would like protections on them so that they could not be taken out after the fact. Mr. Pinto-Martin was okay with this request. The public comment portion was opened by Commissioner Wallinger, and subsequently closed after no comments were heard. Motion made by Commissioner Wilson to give the application a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. Motion made by Commissioner Engert , seconded by Commissioner Lewis, to issue subdivision approval with the following condition: 1. All required area variances must be obtained prior to filing the proposed subdivision map with the City Engineer. 2. The proposed subdivision map must be approved by the City Engineer and filed with the County Clerk prior to apply for building permits. 3. After the subdivision in filed with the County Clerk and the new parcel id #’s have been issued, the applicant will coordinate with the City Engineer to assign new addresses that will be placed in the 911 database. 4. Trees proposed in the front of the properties must remain after the sale of the property. Motion carried unanimously. A. Maxon ALCO Holdings LLC requests final site plan approval pursuant to Section 264-90 B 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. Mr. Dave Ahl came before the Commission to detail the changes made to the back of the proposed arena, as previously requested by the Planning Commission. Mr. Ahl detailed that color had been added to the back of the building to be visible from the Mohawk River and the bike path, as well as a visual depicting “Welcome to Schenectady” and a later to be determined sign showing the future naming rights of the arena. The trees and landscaping shown on the renderings would be new plantings and were not currently there. Ms. Primiano told Mr. Ahl that the final design for the visuals on the building would be subject to a Special Use Permit before going up on the building. Commissioner Wallinger opened the public comment period, and closed it again after hearing no comments. Commissioner Wilson felt as if the back of the building was still bare, and asked if some of the architectural pieces found in the front of the building could be translated to the back. Commissioner Wilson asked at least if more color could be added, however Mr. Ahl said the conditions facing the river tend to be harsher and therefore more difficult to dress up that side of the building. Furthermore, Mr. Ahl detailed the expenses with that would be extensive especially considering the funds that would be going into the rest of the project. Commissioner Wallinger asked if there could be some landscaping to hide the generators and other utilities on the side of the building. Mr. Ahl responded saying that there are National Grid standards for these factors, but they could do whatever is in their purview to hide the utilities. Commissioner Tearno suggested adding a flagpole or two in front of the empty center panels in order to draw attention to the flags instead of the back of the wall. Mr. Ahl seemed open to that idea. Motion made by Commissioner Engert , seconded by Commissioner Hitlall , to issue final site plan approval of the proposal with the following conditions: 1. The final landscaping and lighting plans will be submitted to the City Planner for final approval prior to installation. 2. The addition of flag poles will be considered at the rear of the building to add visual interest. 3. A mural on the back of the building requires a Special Use Permit, with the exception of the naming rights sign for the building.  4. All utilities, including generators, would be screened as much as practicably possible. 5. The subdivision map must be filed with the County real property office within 60 days of this approval. 6. Site plan approval 7. If any significant changes to the proposal, building, or site development are necessary, the applicant will return to the Planning Commission for a revised site plan approval. 8. Public assembly and other licenses may be required for operation. Applicant should contact the Code Enforcement Office for more information. Motion carried unanimously. B. Sunnyview Rehabilitation Hospital requests an amended site plan approval pursuant to Section 264-90 G of a proposal to construct a 6,000 square foot addition to the existing facility at 1270 Belmont Avenue, tax parcel # 40.45-2- 32.1, located in an “I” Institutional District. Nick Zeglen, PE, from the Environmental Design Partnership and Michael Tierney from Sunnyview Hospital appeared before the Commission to discuss the revised proposal. The project originally came before the Planning Commission in August of 2022, however the applicants are coming back to discuss the condition of previous approval which stated that 10 parking spaces were to be removed in order to make way for a mulch planting bed for trees. The applicant stated that after internal review it was determined that complying with this would detract from the current parking situation and pose a safety risk for those using the parking lot. Due to the typical clientele of Sunnyview being patients recovering and rehabilitating from certain conditions, the applicant felt as if the islands in the parking lot constituted a safety hazard for those driving there by making the parking lot less navigable. The applicants proposed moving the trees away from the parking lot and closer to Rosa Road. Commissioner Wallinger spoke to the positives of the addition of trees and disagreed with the assessment that they created a safety hazard. The applicant said that the original intent of the application last year was to add spaces and this request lessened the amount of available spaces. The applicant mentioned that the current parking situation is inadequate and while he agreed that trees have many benefits, argued that in this instance they are offset by the added stress they may provide for the patients navigating the lot. The applicant noted that rehabilitation driving lessons occurred in the lot in question. Commissioner Wallinger noted that if the tree was not in the parking spaces then there would be a parked car there, which would potentially be more of a hazard than the tree itself. Commissioner Wallinger pointed out alternative locations that could be suitable for trees that were not in the middle of the parking lot.  The applicant mentioned that stepping out of the car onto a landscaped island would be difficult for some of Sunnyview’s patients, however members of the Commission argued that the slope of the parking lot would be more difficult to manage than the islands. Commissioners Engert and Wallinger spoke to the fact that removing the trees would create a large amount of uninterrupted blacktop, and thought that the heat created due to that would be a significant hazard to Sunnyview’s patients as well. Commissioner Wallinger expressed the point that nearly all applicants would prefer to have less trees and more parking, but it was the purpose of the Commission to ensure that the rules regarding greenery were the same regardless of the applicant. The applicant understood this but stated that the uniqueness of Sunnyview’s clientele made this a different circumstance. The applicant said they were happy to return with a medical expert from Sunnyview to speak more on the thought process behind their decision. Counsel Marney stated that bringing an expert internal to Sunnyview could be inherently biased towards the applicant. The applicants stated that they had not heard complaints from patients about the parking lot being too hot, however had heard that the lack of parking spaces was a concern of the patients. Motion by Commissioner Wilson , Seconded by Commissioner Engert , to table the proposal until more information was provided. Motion carried unanimously. C. Ramdhan Lakeragh requests an amended site plan approval pursuant to Section 264-90 M of a proposal to operate a billiard hall at 2502 Broadway, tax parcel # 48.67-1-23, located in a “C-2” Mixed Use Commercial District Mr. Ramdhan Lakeragh requested the extension to finish the sidewalk repair and to add trees to the front of the property. The applicants expected the work to be completed by June 15. The applicant asked if it would be possible to use sidewalk planters or larger pots rather than digging up the front. The applicant also noted that there is a pre-existing curb cut right in front of the front door. Ms. Primiano said the best course of action be to coordinate with the Engineering Department, and work on fixing that would not be able to commence until the spring. The Commission agreed that the curb cut should be closed. Commissioner Wallinger opened the public comment portion, heard no comments, and closed the public portion thereafter. Motion made by Commissioner Lewis, Seconded by Commissioner Engert , to issue an extension of Site Plan approval with the following conditions:  Extension would be until June 15th, 2024 Motion carried unanimously II. MISCELLANEOUS III. ADJOURN Motion to adjourn made by Commissioner Lewis, seconded by Commissioner Engert. The meeting adjourned at 8:26PM.