Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes February 21 , 2024 I. CALL TO ORDER Meeting called to order at 6:08 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Bradley Lewis; Vice Chair, Jason Bogdanowicz-Wilson; Dharam Hitlall; Susan Nadler; Randall Beach; Michael Tearno; Hayden Engert; Christine Primiano, Principal Planner; Maxine Barasch, Corporation Counsel and Jack Connelly, Assistant Planner Excused : Colin Evers 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. Commissioner Engert made a motion to approve the January 17 minutes with Commissioner Tearno seconding. The motion was carried unanimously. I. NEW BUSINESS A. Wedgeway LLC requests site plan approval pursuant to Section 264-61 I of a proposal to construct an electronic message board at 277 State Street, tax parcel # 39.71-2-14.1, located in the “C-4” Downtown Commercial District Ms. Primiano informed the Commission that there was a typo in the agenda, and the applicant was coming forward to receive a Special Use Permit, not site plan approval which had previously been given for the site. Ms. Carly Clark of AJ Signs came forward on behalf of the applicant to describe the project at hand. Ms. Clark detailed that the applicant is looking to replace the existing marquee with a new electronic message board. The new board will have the same dimensions, and be located in the exact same spot as the existing marquee. Ms. Clark stated that the board will display advertisements for the tenants of the Wedgeway building, along with public safety updates and information such as amber alerts and emergency weather updates. Commissioner Wallinger spoke to the New York State law which required boards such as this to be static with imagery changing no more frequent than once every 8 seconds. Product advertising should also not be included on the sign. Ms. Clark told Commissioner Nadler that the sign has an automatic dimmer so it will adjust the brightness of the sign depending on the time of day. The sign will also meet all high resolution requirements. Commissioner Wallinger wanted a section of the sign to remain permanently static identifying the building as the Wedgeway Building. Ms. Clark said that was a feature the sign could accommodate and she would discuss with the applicant. A blade sign was discussed as a way to make this happen. The board design was approved by both SHPO and the National Parks Service. Ms. Clark told Ms. Nadler that the State Street side of the site would not have a similar sign, and that side of the building would be reserved for tenant signage. No members of the public chose to speak during the public hearing. Commissioner Beach said that if SHPO was happy with the design then it was good enough for him. Motion made by Commissioner Beach to give the project a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. Motion made by Commissioner Beach, Seconded by Commissioner Engert , to issue the special use permit with the following conditions and findings: 1. The proposal will not have a substantial impact on the neighborhood 2. The proposal will not have an undue impact on the character of the neighborhood or the safety and general wellness of the neighborhood. 3. The proposal is not objectionable in any way in terms of noise, fumes, vibrations or flashing lights. The automatic dimmer feature allows the sign to be appropriately lit regardless of the time of day. 4. The proposal has no impact on City facilities, utilities and parking. 5. The proposal will comply with all additional regulations, including the messages not being updated more than once every 8 seconds. 6. No natural, scenic, or architectural resources will be impaired by this proposal, and has already been reviewed and approved by SHPO. 7. Prior to installation of the sign, the applicant will need to apply for a revocable permit if the sign is located in the City right of way. Motion carried unanimously. B. Habitat for Humanity requests subdivision approval pursuant to Chapter 230 of a proposal to increase yard size for 4 properties and create 3 new buildable lots at 715  Rankin Avenue, tax parcel # 49.28-2-38.1, located in an “R-1” Single- Family Residential District. Mr. Steve Strichman of the Capital Region Land Bank came forward to discuss the proposal. Mr. Strichman detailed the state of the property, which previously had a warehouse which has since been demolished and been vacant for years. The subdivision would extend the back yards and side yards of some neighboring properties as well as create 3 new buildable lots along Rankin Avenue that would be purchased by Habitat for Humanity and used to build new single family homes. Mr. Strichman indicated that the property owners affected by this lot line adjustment have agreed to the changes made. The Commissioners generally agreed that this seemed like an appropriate plan for the neighborhood. Motion made by Commissioner Beach to give the project a negative SEQR declaration. Seconded by Commissioner Lewis. Ms. Gina Giorgio of 802 Bedford Road came forward to speak as a member of the public to state her disapproval for the project. Ms. Giorgio opposed the demolition of the warehouse in the first place as it gave her less privacy and felt that adding three new houses would lessen her privacy further. Ms. Giorgio has also been experiencing flooding in her basement which she felt would be worsened by new construction. Mr. Strichman responded saying that the water table in that area is quite high, and to address this the new homes would not have basements which would not displace further water. Motion made by Commissioner Beach to give the project a negative SEQR declaration. Seconded by Commissioner Tearno . Motion carried unanimously. Motion made by Commissioner Nadler , seconded by Commissioner Engert , to issue subdivision approval for the proposal with the following conditions: 1. The Subdivision map must be approved by the City Engineer and then filed with the County prior to the issuance of permits. 2. The City Engineering Department will review all grading plans for each lot prior to construction of the new homes. Motion carried unanimously. C. Halim Aldhala requests site plan approval pursuant to Section 264-90M of a proposal to operate a convenience store at 1726 State Street, tax parcel #60.30-3-61, located in a “C-5” Business District. Mr. Luigi Palleschi of ABD Engineers came forward to discuss the project on behalf of the applicant. Mr. Palleschi said that the applicant plans on converting the front of the building to a convenience store while keeping the remainder of the building an apartment, as it currently is. Mr. Palleschi detailed the proposed parking, which included 4 parking spaces off of Roosevelt Avenue as well as a handicap space on State Street. Commissioner Wilson noted that the parking spaces reached over the property line and across the sidewalk. Mr. Palleschi said that would not be an issue as the sidewalk did not continue on that portion of Roosevelt Avenue. Commissioner Wallinger said that the sidewalk would need to be redone if any approvals were to be given, and therefore the parking spaces would be partially on the sidewalk which is not allowed. Commissioner Wilson stated that he would rather send them to the BZA to allow for no parking that approve the plan with the parking configuration as shown. Ms. Linda Post of 40 Roosevelt Avenue spoke during the public hearing stating that the handicap parking space on State Street was dangerous as they would be backing out onto a bus stop. Ms. Post did not want to see another convenience store as Stewart’s is right down the street and this store would be redundant. Furthermore, Roosevelt Avenue is a residential street that would not want this business. Mr. Mike Langille of 24 Roosevelt Avenue said parking was his main concern as people already park directly in front of his driveway and a convenience store would exacerbate that and also add noise pollution and foot traffic. Another neighbor on Roosevelt Avenue stating parking as the major concern and that her driveway is frequently blocked by existing cars in that area. Another neighbor on State Street feared that if alcohol was sold at this location it would be bad for the community and the area did not need another convenience store. After closing the public hearing, Commissioner Wallinger said that in her mind the two options forward would be to send the applicant to the BZA for a parking variance or to deny the application. Commissioner Wallinger believed a business with less traffic could do well in this location but a convenience store with high customer turnover and this current parking set up was not optimal. Commissioner Engert was concerned that even if the parking situation was rearranged people would still illegally park which has been seen at other convenience stores in the city. Commissioner Wallinger stated that if the application was tabled instead of denied they would want to see a much more thorough application that fully addressed the parking concerns and made it exceedingly clear on where the legal parking spaces were. Commissioner Wilson further mentioned that selling alcohol and cigarettes would make much more traffic and later nights than a store without them.  Motion made by Commissioner Wilson , seconded by Commissioner Nadler , to table the application due to an incomplete application and the requirement of an adequate parking plan with parking not located in the City right of way. Motion carried unanimously. D. Broadway Industrial LLC requests site plan approval pursuant to Section 264-90 I of a proposal to create a storage and warehousing building on the lots of 1351 Lower Broadway, tax parcel # 49.37-2-9.1, 1343 Lower Broadway, tax parcel # 49.37-2-7 and 1335 Lower Broadway, tax parcel # 49.37-2-6 all located in a “M-1” Light Manufacturing and Warehousing District. Mr. Luigi Palleschi of ABD Engineers presented on behalf of the applicant for this project. The proposal was to create a storage building across the three parcels which could be divided to support up to 3 tenants. There were 18 spaces proposed which far exceeded code. 3 street trees were proposed for the front of the building. Mr. Luigi Stocchetti of Re4orm Architecture and discussed the exterior of the building which would be metal with a brick veneer. There were no proposed signs at the time of the meeting. At Commissioner Wallinger’s request, the applicant agreed to put two crab apple trees to the front of the property. No comments were made during the public hearing. Ms. Primiano informed the Commission that they were over the 120% maximum parking allowance for the M-1 district and would require an area variance. Until the amount of tenants was decided, the applicant had no way of knowing how many employees would be on the site. Motion made by Commissioner Wilson to give the project a negative SEQR declaration. Seconded by Commissioner Tearno . Motion carried unanimously. Motion made by Commissioner Lewis, seconded by Commissioner Hitlall , to issue site plan approval with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Lower Broadway. 2. Any future signs must be approved by the Department of Development prior to the purchase, fabrication and installation of the sign(s). 3. Pursuant to Section 264-49G, the dumpster will be properly enclosed. 4. A total of five street trees will be planted along Lower Broadway, consisting of crab apple and cherry trees, prior to occupancy of the building.  5. Applicant will coordinate with the City’s Zoning Officer to determine the total number of parking spaces required by code and apply for variances as necessary. 6. A side yard setback area variance required prior to the issuance of building permits. Motion carried unanimously . E. Joseph Vitus and Tiaira Brandon request site plan approval pursuant to Section 264- 90M of a proposal to operate a restaurant at 447 State Street, tax parcel # 39.72-4-32, located in a “C-4” Downtown Commercial District. Ms. Raysheea Turner, attorney for the applicants, came forward to speak with the Commission. Ms. Turner detailed for the Commission the plans for the site, which were to operate as a bar and restaurant similar to how Bomber’s was in that site previously. Ms. Turner stated that the business was planning on staying open until 2 am with live music and a DJ. Music will not be performed every day, only Wednesday through Saturday after dinner until 2 am. Ms. Turner brought up the concern mentioned in the staff comments regarding waste, as there is no location on the exterior of the property to store waste. The applicants are trying to work with other property owners to enter into a waste agreement but have so far been unsuccessful. As Ms. Brandon operates a hookah lounge in Albany, there were questions whether this location would also be a site for hookah consumption. Ms. Turner confirmed that there would be no hookah or tobacco on site. Ms. Turner stated that as of right now there were no plans for outdoor seating, but that may be something that is looked into in the future. Commissioner Wallinger told the applicants that they would need to get a revocable permit with the City for the proposed sign that would hang over the right-of-way. Commissioner Wallinger mentioned that an anonymous letter was received by the Department of Development, but as the letter had no name attached to it and was not relevant to the change in tenancy application she would not read it into the record. A member of Ms. Brandon’s security team came forward to speak during the public hearing. He spoke to his over 20 years of experience working in the nightclub industry, and stated that Ms. Brandon is more focused on security than most owners he has worked with. Ms. Primiano mentioned that the trash plan would need to be approved by the Commissioner of General Services. The approval would only be valid after the Commissioner of General Services approves the trash plan. Motion made by Commissioner Hitlall , seconded by Commissioner Tearno , to issue 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 cannot be installed on any doors or windows in the future. 3. The garbage storage and removal plan must be approved by the Commissioner of General Services prior to the opening of the business. The plan needs to include detailed information  regarding where the garbage is stored, frequency of pickup, and hours of when receptacles will be occupying the City right of way. 4. A security plan, provided by the applicant’s security contractor, will be provided to the Schenectady Police Department for approval prior to opening the business. 5. A Certificate of Use License and Public Assembly License issued by Code Enforcement are required prior to opening the business. 6. The approved business is a restaurant; hookah or any other consumption of tobacco products is prohibited. Motion carried unanimously. II. MISCELLANEOUS Commissioner Nadler opened discussion regarding the large quantity of convenience stores opening up throughout the city. Commissioner Wallinger stated she would like to see a Special Use Permit be the new standard for places that sell alcohol, and would like to recommend that to the City Council. Commissioner Nadler mentioned that the plethora of smoke shops and convenience stores that are popping up may be reasons that other businesses would not want to operate in these areas. III. ADJOURN Motion to adjourn made by Commissioner Engert , seconded by Commissioner Tearno . The meeting adjourned at 7:58PM.