Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes March 20, 2024 DRAFT I. CALL TO ORDER Meeting called to order at 6:07 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Bradley Lewis; Vice Chair, Jason Bogdanowicz-Wilson; Randall Beach; Michael Tearno; Hayden Engert; Christine Primiano, Principal Planner; Peter Lomtevas, Deputy Corporation Counsel, Jack Connelly, Planner I and Sergy Dosouss, Assistant Planner Excused : Colin Evers; Susan Nadler; Dharam Hitlall 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 February 21 minutes with Commissioner Beach seconding. The motion was carried unanimously. I. NEW BUSINESS A. Ying Lin requests subdivision approval pursuant to Chapter 264-90(M) of a proposal to operate a restaurant at 611 Union Street, tax parcel #39.65-2-26, located in the “C-4” Downtown Commercial District. Originally agenda item D, the application for 611 Union was moved to the front of the agenda to accommodate Mr. Lin’s schedule as he currently owns and operates other restaurants in the area. Mr. Lin said that there would be no changes to the exterior of the building, with the exception of a sign which has not been decided on yet. Ms. Primiano reminded the applicant that the sign would need Historic Commission approval, as would any other exterior changes should he choose to make them. Ms. Primiano read over the staff comments, stating that the parking lot would need to be resurfaced and striped, the dumpster must be enclosed and the rear exit on the second floor was not code compliant, as the railing did not continue all the way around the balcony. A Certificate of Use License and Public Assembly License will be needed before Mr. Lin can open the business. Mr. Lin had no issues complying with the issues that Ms. Primiano discussed. Mr. David Hogenkamp from Metroplex spoke during the public comment period to voice support for Mr. Lin and his new business. No SEQR was needed for this project. Motion made by Commissioner Beach, Seconded by Commissioner Engert , to issue the site plan approval 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 cannot be placed on any doors or windows at any time in the future. 3. The rear exit on 2nd floor appears to be unsafe and requires approval by Code Enforcement prior to occupancy. 4. A Certificate of Use License and Public Assembly License are required prior to opening the business. 5. The proposed sign needs approval by Planning staff and the Historic District Commission prior to installation. 6. The parking lot will be repaved and striped within 30 days of opening the business. Motion carried unanimously. B. Melocraft Development requests subdivision approval pursuant to Chapter 230-2(A) of a proposal to convey portions of 768 and 770 State Street to 771 Albany Street, tax parcel #’s 49.25-1-23.111/ 27 and 28, located in the “C-2” Mixed Use Commercial District and the “C-4” Downtown Commercial District. C. Albany State Street Limited Partnership requests subdivision approval pursuant to Chapter 230-1(A) of a proposal to convey portions of 768 State Street and 770 State Street to 771 Albany Street, tax parcel # 49.25-1-23.111, located in the “C-4 Downtown Commercial District. Mr. Andy Brick and Dave Kimmer came forward to represent the applicants for agenda items B and C which would be presented together. Commissioner Wallinger noted that the applications could be presented together however motions would needed to be separate for each application. Mr. Kimmer said the project was essentially a land swap between Melocraft and Albany State Street Limited. Melocraft would be receiving the noted back portions of the State Street addresses to combine with 771 Albany Street, while Albany State Street would receive the portion of land directly adjacent to their current apartment building on State Street. Mr. Brick detailed that the southwesterly portion of 771 Albany Street may be subdivided in the future for redevelopment. Commissioner Wallinger spoke to the large amounts of pavement between Albany and State Streets, and stated that any future plans for this site would need to keep that in mind, specifically in regards to stormwater flow and heat island effect. Furthermore, properties that span from State to Albany Street notoriously neglect the Albany Street frontage, and the applicant should further keep that in mind. Commissioner Wilson said the project seemed logical and made sense for all parties. Mr. Hogenkamp spoke during the public comment period in support of the subdivision, stating that this could open the door for positive development both along State Street and Albany Street. Motion made by Commissioner Engert , seconded by Commissioner Tearno , to adopt a negative SEQR declaration. Motion carried unanimously. Motion made by Commissioner Lewis, seconded by Commissioner Wilson , to issue subdivision approval to the Melocraft Development proposal. Motion carried unanimously. Motion made by Commissioner Wilson , Seconded by Commissioner Engert, to adopt a negative SEQR declaration. Motion carried unanimously. Motion made by Commissioner Beach, seconded by Commissioner Tearno , to issue subdivision approval to the Albany State Street Limited Partnership proposal. 1. The Melocraft Development subdivision will be executed first and filed properly with the County. Once that subdivision is complete, the Albany State Street Limited Partnership subdivision can be executed and filed 2. The subdivision maps must be approved by the City Engineer and filed with the County prior to the issuance of any building permits. Motion carried unanimously. D. AIKMLB Holdings, LLC requests subdivision approval pursuant to Chapter 230-2(A) of a proposal to convey portions of 355 Georgetta Dix Plaza to 702 Westover Avenue, tax parcel # 49.24-4-41, located in the “R-2” Two-Family Residential District. Mr. Damien Pinto-Martin of MLB Construction came forward to speak on the project. This subdivision was the last leg of the planning approvals needed for the Summit Avenue AIKMLB project. The purpose of the subdivision was to bypass the area variances that would have been necessary for 702 Westover Place as it relates to their parking situation triggering side yard setbacks. No commissioners had any objections or questions regarding this and no members of the public spoke during the public comment portion. Motion made by Commissioner Lewis to give the project a negative SEQR declaration. Seconded by Commissioner Engert . Motion carried unanimously. Motion made by Commissioner Beach, seconded by Commissioner Tearno , to issue subdivision approval, with the following condition:  The subdivision maps must be approved by the City Engineer and filed with the County prior to the issuance of any building permits. Motion carried unanimously. E. Schafer Engineering Associates requests site plan approval pursuant to Section 264- 90(M) of a proposal to operate a vehicular repair garage located at 1883 State Street, tax parcel # 60.47-2-31, located in the “C-5” Business District. Mr. Mike Schafer came forward to speak on the behalf of the applicant. Mr. Schafer stated that the intention of this application was to keep it as a vehicular repair garage, which it had been used as for decades. Mr. Schafer mentioned that there is a formal agreement for the garage to use 4 spaces across the street. Regarding the staff comments, there would be a 6 foot high fence to enclose the dumpster. There would also be a chain link fence between the dumpster and the adjacent property. Mr. Schafer thought the addition of sidewalks and curbs would be excessive for the applicant as there were never any curbs there to begin with. Commissioner Wallinger stated that they could not accept the dumpster as submitted, since the doors swung open into the City right-of-way. The applicant agreed to use sliding doors so the dumpster could be accessed without any of the structure going into the right-of-way. Mr. Schafer said that although the dumpster is directly next to the residential portion of Barringer St. there was physically no other location to put it in, and the dumpster had been there for many years. Commissioner Wallinger said that the current conditions of the site were unacceptable, as cars were frequently parked in the right-of-way and the amount of cars scattered all over the site made the street feel like a fix-it yard instead of a residential street. Mr. Schafer wanted to add vegetation around the building in order to help deter people from parking where they shouldn’t. Commissioner Wilson said the lot across the street was much larger than shown on the drawing, and if that could be utilized properly with added green space it would be a much better scenario. Commissioner Wallinger agreed that would be ideal and recommended reducing the front parking spaces to 2 spots so there was not someone backing out nearly directly into the intersection with State Street. Commissioner Wallinger emphasized green space and trees should be added by State Street, as that corridor does not have sufficient greenery. Furthermore, businesses such as this have a tendency to leave broken car parts or unused cars lying around, sometimes in the right-of-way, and Commissioner Wallinger noted that should not be allowed. Mr. Schafer mentioned that if greenery was added along Barringer Street there would be no way to add a sidewalk as well. Commissioner Wallinger spoke to the dumpster and its direct proximity to the residential neighbors behind the site. Commissioner Wallinger asked what sort of accommodations could be made to give the neighbors a larger buffer. Commissioner Wilson recommended that it may be beneficial to move the dumpster across the street to the other land owned by the same property, however Ms. Primiano said she wasn’t sure if that was allowable by code. Commissioner Wallinger opened the floor to the public, however heard no comment and closed the public hearing period. Going back to the trash, Mr. Schafer said that he proposed a 6 foot fence to better shield the dumpster from view, as the current fence was only 4 feet. Commissioner Wallinger told Mr. Schafer that the pole sign at the front of the property was not allowable by code and would need to be removed. Mr. Schafer said the applicant was planning on using the pole sign, however Commissioner Wallinger reiterated that it was not allowed and needed to come down. Commissioner Beach recommended tabling the application so the applicant come back with a more full plan that incorporates the Commission’s concerns. Commissioner Wallinger restated the concerns of the Commission as the following: street trees must be added along State Street, the curb should be restored along State Street, minimum 4 foot landscaped buffer between parking areas, a more acceptable parking situation where cars are not parking in the right-of-way, reimagine the dumpster situation so that its impact on the neighbors is minimal and the pole sign must be removed. Motion made by Commissioner Beach, seconded by Commissioner En gert, to table the application to allow the applicant to make the following revisions to the proposal: 1. The parking in front of the building will be reconfigured so that it is not located in the City right of way and does not back out onto Barringer Street. 2. Two street trees will be added to the front yard adjacent to the sidewalk within a 4-foot buffer. 3. The curbcut will be removed and properly restored to City Code. A permit is required.  4. The dumpster enclosure will be revised. Motion carried unanimously . F. Cloud 9 Evolution requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a cannabis dispensary located at 1643 Eastern Parkway, tax parcel # 50.29-1-32.1, located in the “C-2 Mixed-Use Commercial District Mr. Brian Doak of Doak Engineering and Ms. Aman Kaur, the owner of the property, came forward to discuss the application to open a cannabis dispensary. Mr. Doak said that the current barber shop would be the location in the plaza that would be converted to the dispensary. Regarding staff comments, Mr. Doak said that the parking lot would be restriped and the parking spaces would be more than sufficient for the need at this site. Mr. Doak said there is an existing 120 foot curb cut to allow access to the front parking spaces, and there is no actual curb in that area. Mr. Doak addressed other comments made regarding the amounts of trash consistently found on the site. A dispensary on site would allow the property owners to be on the premises more often and therefore ensure the daily upkeep. The illegal electronic message board sign noted by Planning staff had been removed to comply with the code. The applicant said they had asked the business owner to move the sign to be in coordination with the other signs on the parcel. Ms. Primiano reminded the owners that it is their responsibility to ensure the property is up to code and that moving the sign and fixing the façade behind the existing sign is required. Ms. Kaur spoke to some of the benefits of cannabis and a dispensary. Commissioner Wallinger mentioned there are no curb stops between the front parking spaces and the sidewalk in front of the building, and they should be added to the site. Ms. Kaur said that online shopping has lowered the amount of time spent in stores, and those front parking spaces are never full. Ms. Kaur said there would be security on site to help with any queuing line, however she did not believe there would be many lines as most people spend 30 seconds-1 minute inside the store. Additionally, there would be 6 POS systems inside to keep lines moving. Ms. Kaur told Ms. Primiano that she had been approved by New York State for a cannabis dispensary at this location. Commissioner Beach expressed concerns that queuing lines would block entrances to the other businesses on the property. Ms. Kaur said that she thought the adjacent businesses would benefit and reconfirmed that there would be outside security to deal with any issues that may arise. Ms. Kaur said that there would be an interior reception room, however there would be no customers waiting inside there. All people waiting would be outside. Commissioner Wallinger mentioned that trash on this property has been an issue for many years and was happy to hear Ms. Kaur stating that there would be members outside to help with that issue. Additionally, Commissioner Wallinger stated that the street tree that was a requirement of the previous site plan approval was practically dead due to delivery trucks running it over. Commissioner Wallinger recommended putting in large rocks around the tree to protect it from vehicles. Commissioner Wallinger opened up the public hearing by first reading a submitted letter from Clark Trading Corporation, directly across from the site. The letter expressed concerns regarding traffic as the current parking situation is insufficient and requires drivers to back out directly onto Eastern Parkway. The main concern was that dispensary customers would park across the street and trespass in Clark’s parking lot. Ms. Wendy Poimann of 1414 Union Street spoke to voice extreme opposition to the project. Ms. Poimann did not oppose the use, but the excessive amounts of litter that are consistently around the site. Furthermore, the frequency in which people are entering and exiting the site leads to further concerns about faster traffic patterns. Ms. Poimann did not have confidence that the state of the property would improve. Commissioner Wallinger stated that the State of New York had already approved this location, and there was nothing the Planning Commission can do to deny the project for this location. The Commission purview is to improve the existing conditions of the site as much as possible and provide a safer environment for pedestrians and vehicles. Another home and business owner in the area disapproved of the project because of the traffic and garbage concerns, as well as shootings that have occurred in the plaza. There were many problems already happening in that plaza and this would not help them. The property owner of 910 Central Parkway stated that the current foot traffic was a nuisance as people already sat on her stairs, left trash on her property and parked outside constantly. The neighbor stated that traffic on the site would get worse with this business but her main concern was the garbage as the garbage on site was already excessive. Mr. Ari Epstein of 1814 Eastern Parkway stated that there is another dispensary close by on Union Street which consistently has long lines and traffic issues. Mr. Epstein said that despite the problems on Union Street that is a better set up than what is proposed for this project. Mr. Epstein objects to businesses such as this being located in such close proximity to residential districts. Mr. Tom Carey, President of the Upper Union Street Neighborhood Association, stated that while the Planning Commission cannot overrule the State’s decision there are things in their purview to do. Amongst these, the property has never complied with Planning approvals given in 2015, the pedestrian access to the site is very poor, the condition of the property has been a mess for an extended period of time and must be addressed. Additionally, Mr. Carey mentioned that these owners illegally opened this property as a banquet hall during the COVID Pandemic when people were supposed to be isolating, and a shooting has also occurred on the property. Mr. Carey encouraged the City to send the Codes Department to the site to enforce the issues on the property. After hearing no further comments Commissioner Wallinger closed the public hearing. Regarding the shooting that was discussed, Ms. Kaur stated the tenant involved with the shooting was immediately evicted. Ms. Kaur said that it was difficult to make sure the property was kept up everyday due to the costs of doing so. Commissioner Wallinger reminded Ms. Kaur that it is the property owner’s responsibility to ensure the property is maintained every single day. Commissioner Wallinger reiterated that trash must be taken care of every single day. Ms. Kaur said that most of the trash comes from Family Dollar, and she has tried reaching out to them to clean it up. Commissioner Wallinger responded saying again that it is the property owner’s responsibility to make sure the site is clean, not the tenants. Ms. Kaur told the Commission that she will be taking on the responsibility of cleaning each tenant’s portion of the property on an everyday basis. Ms. Kaur said that her business in Pittsfield, Massachusetts donates heavily to the local community and she plans on doing the same in Schenectady. Ms. Kaur said that Monday-Wednesday the hours would be 11am-9pm while Thursday-Saturday it would be open 10am-10pm and Sunday 12pm-5pm. Commissioner Wallinger said that despite what the applicants have said, she is very concerned about traffic based on what has occurred on Upper Union Street. Commissioner Wallinger wanted to see the front parking area rearranged so they were not backing out directly onto Eastern. Commissioner Wallinger requested the applicants work with the Engineering Department to find a suitable solution to the parking dilemma. Commissioner Wilson would like to see the area redesigned in a similar manor to the Niskayuna Co-op’s parking situation on the corner of Nott Street and Balltown Road. Commissioner Wilson also said previous applications have been tabled until all previous site plan approval conditions were met. Commissioner Wallinger noted that she frequently sees people loitering outside the site, which should not be allowed. Motion made by Commissioner Engert , seconded by Commissioner Wilson , to table the application so that the applicant can provide a plan to improve the parking configuration in front of the store in a manner acceptable to the City Engineer. Motion carried unanimously. G. Bahlmann Group, LLC requests site plan approval pursuant to Section 264-90(I) and a Special Use Permit pursuant to Chapter 264 Schedule B of a proposal to construct a self-storage facility at 1675 Watt Street, tax parcel # 49.58-3-29, located in the “C-5” Business District. Dave Kimmer of ABD Engineering appeared before the Commission with Casper Bahlmann of the Bahlmann Group. The 3 plus acre parcel was previously used as a parking lot for 450 Duane Avenue, with self- serve self-storage buildings and a small office space. Mr. Kimmer said that there was plenty of landscaping along the residential area on Lake Boulevard, and the applicant was planning on adding more. Mr. Kimmer detailed that there are City water and sewer lines running underneath the property, which will require easements. The yellow buildings noted on the provided site plan were movable meaning they could be transported in case access to the underground lines became necessary. Mr. Kimmer spoke to a secondary aspect of the project which is selling off portions of the property to a nearby neighbor and school, as the entirety of the property will not be necessary for the Bahlmann Group. Commissioner Wallinger noted that there were deficiencies in the landscaping, and that too many of the evergreen trees are being lost. Mr. Kimmer said that a majority of the trees being removed are interior to the site and most of the perimeter trees are being left in place. Mr. Bahlmann showed the Commission a new rendering showing how the landscaping would look from the residential street. Commissioner Wallinger still thought some more evergreens would be appropriate. Mr. Bahlmann agreed that could be doable. Mr. Kimmer told Commissioner Wilson that there were multiple gates in place for security, which seemed adequate for the Commission. Commissioner Wallinger furthered her point saying that more street trees would be needed along Watt Street, which was okay for the applicant. Mr. Bob Moore, the property owner directly adjacent to the 1675 Watt came during the public hearing portion to say he was greatly in favor of the plan as the business located in his property would be able to expand as a result of the land he would be purchasing from the Bahlmann Group after this project is approved. He furthermore said this project was a suitable use for the land and would not increase traffic greatly. Commissioner Wallinger read a letter into the record as well which spoke in favor of the project. Ms. Danielle Krupa of Metroplex came forward, as Metroplex owns the property currently. Ms. Krupa said that Metroplex was very much in favor of this project and it would greatly benefit the site and neighborhood. There were few uses that were suitable for this site, but self-storage was one of them. Commissioner Wallinger closed the public hearing after hearing no further public comment. Commissioner Wallinger praised the applicant for giving some of the land back to the school and stated that the increased landscaping would be of great benefit. SEQR RESOLUTION Motion made by Commissioner Tearno to give the negative SEQR declaration. Seconded by Commissioner Engert . Motion carried unanimously. SPECIAL USE PERMIT RESOLUTION Motion made by Commissioner Beach, seconded by Commissioner Engert , to approve a Special Use Permit for the proposal with the following conditions and findings of facts:  1. The impact of the proposed use would not substantially and negatively impact the surrounding neighborhood. 2. Although a large site, this use will not be high intensity and will not greatly increase the amount of neighborhood traffic. 3. Noise produced on the site will be minimal and unobtrusive to other property owners. 4. Landscaping discussed and shown is found to be sufficient and will provide and adequate buffer both in terms of noise as well as visually to neighbors. 5. The proposed use will not be a nuisance or more objectionable than the current use of the site. 6. City facilities and infrastructure will not be negatively impacted a result of this use. 7. As the site was vacant, the proposal will not result in the loss of significant natural, historic or architectural features. 8. The proposed use complies with all additional requirements of the City’s planning and zoning laws. Motion carried unanimously. SITE PLAN APPROVAL RESOLUTION Motion made by Commissioner Tearno , seconded by Commissioner Wilson , to issue site plan approval for the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from Watt Street. 2. The sign proposal will be submitted to Planning staff for final approval prior to purchase and fabrication of the sign. 3. The applicant will submit a revised landscaping plan showing all existing trees to remain as well as new trees to depict a dense buffer of trees along the residential side of the property. 4. Watt Street will be properly supplemented with street trees. 5. The curb cut for the driveway entrance will be reconstructed to City standards so that the concrete sidewalk continues across the driveway. 6. Final building colors will be submitted to City staff for the record. 7. Lot line adjustments for future land sales will appear before the Planning Commission. Motion carried unanimously. H. Sliman Hamdard requests site plan approval pursuant to Section 264-90(I) of a proposal to add a 38x50 foot addition to the rear of 1214 State Street, tax parcel # 49.59-2-5, located in the “C-2” Mixed-Use Commercial District Mr. Dan Morelli of Morelli Designs spoke on behalf of the applicants. Mr. Morelli passed out updated drawings that incorporated the staff comments that were made by City staff. Mr. Morelli detailed that the same owners owned 1221 Albany Street, which was directly behind the mosque on 1214 State. The proposal would be used for the female mosque members to pray, as their religion dictated men and women pray separately. The back portion of the building would be occupied at separate times than the existing building. Mr. Morelli said the goal was to make the back building a cohesive part with the existing building, all painted the same with the same lighting. Significant green space would be added to the front and side of the property. There would be an extensive buffer along the side of the property separating 1214 from the Saint Luke’s parking lot. In response to staff comments from the Zoning Officer, Mr. Morelli did not think that a parking variance would not be needed as the mosque could use 1221 Albany Street if necessary. Mr. Morelli said that the existing driveway would need to be expanded to 24 feet, which was achievable based on the geometry of the site. Mr. Morelli brought up the fact that 1221 Albany Street appeared before the Planning Commission previously and did not fulfill their site plan approval conditions. He said the reason for that was that the applicants were unsure if they were going to keep the building or not, however would be complying with the conditions now. These conditions included landscaping, sidewalk was not replaced and the dumpster was never properly enclosed. Ms. Primiano told the applicant that the current lighting fixtures were not code compliant and needed to be reconsidered. Mr. Morelli said they would change the fixtures so that the meet all codes. Commissioner Wallinger mentioned that the concrete below the stucco was crumbling. Mr. Morelli ensured the Commission that is was to be fixed. Ms. Primiano stated that an occupancy load would be needed in order to properly determine a legitimate number of needed parking spaces. Commissioner Wilson recommended moving the existing sign down a bit in order to dress up the façade of the building. Mr. Morelli told Commissioner Wallinger that they would be happy to incorporate trees into their front landscaping strip. Two trees were agreed upon. Mr. Hamdard said that evergreen trees had been ordered and would be planted the next day along the property by the Saint Luke’s parking lot. 30 trees would be planted. Painting would be completed when the weather allowed for it. Commissioner Wallinger said there should be landscaping along 1221 Albany Street between the fence and the sidewalk, as was previously approved. Commissioner Wallinger opened the public hearing, and closed it after hearing no comments. SEQR RESOLUTION Commissioner Terano made a motion to give the proposal a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. SITE PLAN APPROVAL RESOLUTION Commissioner Engert made a motion to grant the proposal site plan approval. Seconded by Commissioner Lewis 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 can not be placed on any doors or windows in the future. 3. The stucco façade of the existing building will be repaired, and the entire existing building will be repainted grey to match the color of the siding for the new addition. All window and door trim will be painted white, including the side window that is currently painted brown. The repairs and painting will be completed prior to the issuance of building permits for the new addition. 4. All conditions required for 1221 Albany Street will be in compliance prior to the use of shared parking. 5. Two tall shade trees will be added to the landscaped area adjacent to the parking behind the addition. 6. Dumpsters will be enclosed pursuant to City code. 7. Sign locations and proposals will be approved by Development staff prior to purchase and fabrication of the signage. 8. The City Engineer must issue final approval of the drainage plan prior to the issuance of building permits. 9. The occupancy limit will be determined by the architect and Building Inspector and sent to the Zoning Officer to determine required number of parking spaces. This information must be submitted to the Zoning Officer prior to the application for building permits because it may determine that an area variance for onsite parking is required. II. MISCELLANEOUS III. ADJOURN Motion to adjourn made by Commissioner Beach, seconded by Commissioner Tearno . The meeting adjourned at 9:25PM.