Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes April 17 , 2024 I. CALL TO ORDER Meeting called to order at 6:07 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Jason Bogdanowicz-Wilson; Randall Beach; Michael Tearno; Susan Nadler; Dharam Hitlall; Hayden Engert; Christine Primiano, Principal Planner; Peter Lomtevas, Deputy Corporation Counsel, Jack Connelly, Planner I and Sergy Dossous, Assistant Planner Excused : Colin Evers; Bradley Lewis 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 Walinger mentioned that the agenda had been altered so that the Old Business section would be conducted before New Business. Commissioner Beach made a motion to approve the March 20 minutes with Commissioner Tearno seconding. The motion was carried unanimously. I. OLD BUSINESS A. 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. Manny Singh came forward to discuss the updates to the site plan. Cloud 9 Evolution spoke first as the applicants for 1883 State Street had not yet arrived. Commissioner Wallinger mentioned conversations between Development staff and the Engineering Department which mentioned that the proposed parking situation was not appropriate for the site and emphasized that jersey barriers would not be accepted in the middle of the road. Commissioner Wallinger brought up the Niskayuna Co-op and said that their parking reconfiguration could be a suitable design for this site. The City Engineer noted that the left turn lane on Eastern was not necessary, and therefore the road had the capacity to accommodate these changes. The changes would make it so drivers were not backing out directly onto Eastern Parkway. Mr. Singh was told that the City would not be paying for the future changes to the parking situation. Ms. Primiano stated that she would help set up a meeting between the applicants engineer and the City engineer. Commissioner Beach was told the likeliness of a parking agreement between the applicant and the owner of the lot across the street was not great as the neighboring property expressed disapproval for the project at last month’s meeting. Ms. Primiano mentioned that parking spaces 16-22 were in the designated loading dock zone and would not be acceptable for parking as proposed. The removal of these spaces would likely trigger the need for an area variance. The retail customer floor area would be needed in order to determine the true number of parking spaces needed for the site, and that number should be submitted to Development staff. Given the fact that the parking situation was such an unknown, Commissioner Wallinger thought it would be most appropriate to table the application. In regards to the trash issue that was brought up at the previous meeting, Mr. Singh stated that a landscaping company would be on the site on a daily basis to clean the site. Mr. Singh said the damaged tree would be replaced if it was unable to properly grow. While nobody spoke during the public comment period, Commissioner Wallinger did read into the record a letter from Doreen Ditoro who detailed parking and the proximity the dispensary has to the Union Street dispensary as her main concerns about the project. Commissioner Wallinger closed the public hearing after reading the letter. RESOLUTION Motion made by Commissioner Engert to table the application until more information regarding parking was available. Seconded by Commissioner Hitlall. Motion carried unanimously. II. NEW BUSINESS A. Ellis Medicine requests site plan approval pursuant to Chapter 264-90(B) and a Special Use Permit pursuant to Chapter 264 Schedule B of a proposal to construct a new parking garage at 1101 Nott Street, tax parcel # 39.60-1-20.1 located in the “I” Institutional District.  B. Ellis Medicine requests subdivision approval pursuant to Chapter 230-2(A) of a proposal to convey portions of 1505 Ulster Street, tax parcel # 39.60-1-22 to 1101 Nott Street, tax parcel # 39.60-1-20.1, both located in the “I” Institutional District. Mr. Roger Keating of LaBella Associates came forward to discuss the project for Ellis Medicine. Mr. Keating reminded the Commission of a 2022 meeting where Ellis Medicine came for a similar project, however as finances stalled the project was scrapped after site plan approval was given. Mr. Keating said that a lot consolidation near the Stewart’s would be necessary for maintenance of the entire site. The lot consolidation would also help with setback issues and remove the need for area variances. Mr. Keating detailed the current parking garage which has been in operation for decades and has effectively reached the end of its usefulness. Commissioner Wallinger asked how the demolition of the garage would impact the school that is directly across the street. Mr. Keating said that the demolition will take place in June when there will be the least amount of disruption to the school. A surface parking lot will be created for the interim period before the new lot is constructed which will have 202 parking spaces. Mr. Keating said that the new parking lot could not be built directly after demolition in part due to funding. Mr. Keating stressed the current parking lot should be demolished this summer due to safety concerns. Mr. Keating stated that depending on how funding was acquired the hospital could build a two bay garage and construct a third bay when the rest of the funding was in place. Mr. Keating clarified that the school district will be fully briefed on any plans and the hospital will work closely with them. He acknowledged there was never a perfect time for something of this magnitude to take place but believed June was the most appropriate time. The two bay garage would have 890 spaces and the third bay would have 1220. Another member of the design team said that the materials used would be similar to that of the parking garage on Rosa Road in order to provide a visual queue that both garages are part of the same site. The exterior design heavily mirrors what was previously approved in 2022. Curtain wall glazing was to be used by the staircase which would be tinted blue to disallow overheating, and was in place primarily for security reasons to increase visibility of the garage from the outside. The two bay option was set back further from the road and would have surface parking on the area that the third bay could potentially be constructed. Commissioner Wallinger noted it was a visual improvement from the existing lot. Commissioner Wallinger asked what would happen when construction was taking place and the temporary lots were no longer usable. Mr. Keating said that existing shuttle services and off site parking were to be expanded. It is a roughly 6 minute trip from the shuttle location to the hospital. Commissioner Wallinger requested more tree coverage on the side of the site closest to the Stewart’s. Mr. Keating did not see that being an issue. All landscaping could later be confirmed with Development staff. Mr. Keating reiterated that due to funding there was no specific time frame. No members of the public spoke during the public hearing. Given the fact that the exact time frame was unknown the Commission recommended the applicant return to provide an update if construction had not begun after two years. Ms. Primiano said only one SEQR vote was needed as it encompassed only one action. SEQR RESOLUTION Motion made by Commissioner Wilson to issue the project a negative declaration. Seconded by Commissioner Engert. Motion carried unanimously. SUBDIVISION RESOLUTION Motion made by Commissioner Engert to issue subdivision approval as proposed. Seconded by Commissioner Wilson. Motion carried unanimously. SPECIAL USE PERMIT RESOLUTION Motion made by Commissioner Beach, seconded by Commissioner Nadler , 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. The proposal would not have an undue or adverse effect on adjacent properties, the character of the neighborhood or traffic conditions. The proposal is in coordination with the previous use of the site and will be a safety upgrade from the existing conditions. 3. Noise, fumes, vibrations or flashing lights produced on the site will be minimal and unobtrusive to other property owners. 4. The proposed building and use served adequately by existing public services such as highways, streets, police and fire departments. The proposal will have no more impact on essential facilities than the existing conditions. 5. The proposed use will not result in a loss of any natural, historic or scenic architectural features. 6. The proposed building and use complies with all zoning requirements and codes.  7. The increased number of parking spaces will help alleviate the increased number of current parking happening in nearby neighborhoods. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue site plan approval with the following conditions. Seconded by Commissioner Tearno . 1. 5 flowering trees be added to the back of the sidewalk on Ulster Street. 2. Plan will be updated to show existing greenery and new trees to be added between the proposed garage and the Stewart’s. 3. Applicant will provide a plan to the Engineering Department detailing a rough time frame and showing coordination with the school district 4. Applicant should return to the Planning Commission with an update if construction on the garage has not started in two years. C. 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 of Schafer Engineering Associates arrived, so the application, originally in old business was presented out of order and updated the Commission on the changes that had occurred since last month’s meeting. Mr. Schafer detailed the changes to the parking spaces which were now diagonal and the added green space in the front and side of the building. Weeping flower cherry trees were proposed to go in the front and side of the site, which were low enough to not interfere with the power lines. The dumpster enclosure was smaller and incorporated a four foot green buffer to separate the dumpster from the residential neighboring property. While the pole sign had not yet been removed, Mr. Schafer promised it would in accordance with the previous Planning Commission comments. There were no current plans for a replacement sign, but that would be coordinated with Development staff when necessary, Commissioner Wallinger expressed desire to see three trees along the Barringer Street frontage to signify that parking was not allowed on that strip. Mr. Schafer said that City code allowed for on-street parking in this area, however Commissioner Wallinger said parking on the grass was not allowed which was the concern. Commissioner Wilson clarified that street parking along Barringer was acceptable, however having cars all around the new green space would not be. Trees would have it so cars would remain on the street and off the grass. The main concern was customer cars for the garage being stored there. Commissioner Wallinger recommended an Adirondack crabapple tree instead of the cherry trees as they may be more appropriate for this property. Mr. Schafer believed that the strip in question was too small to accommodate three trees. SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue site plan approval with the following condition. Seconded by Commissioner Beach. 1. Two additional small, upright trees will be added along Barringer Street to disallow parking on the proposed grassy strip. Motion carried unanimously. D. Maxon ALCO Holdings, LLC requests site plan approval pursuant to Chapter 264-90(B) of a proposal to construct a hotel at 110 Harborside Drive, tax parcel # 39.41-1-6.1, located in the “C-3” Waterfront Mixed-Use District. Mr. Dan Hershberg came forward to discuss the proposed hotel to accompany the newly approved arena in the Mohawk Harbor area. Mr. Hershberg showed the Commission that the plans had slightly changed since the original submission. The Fire Department requested fire lanes circling around the back of the building, which were depicted on the new plans. Mr. Hershberg stated that a retaining wall will be necessary which will be visible from the harbor. The driveway will sit higher than the wall. The wall will be constructed using concrete. Another member of the development team stated that the concrete would be scored with a pattern which will increase its aesthetic nature. When detailing the parking situation, it became evident that a parking variance would be needed as the plan shows 86 parking spaces where 100 are necessary by code. Commissioner Wallinger asked about the many contour lines near the parking spaces going towards the river. Mr. Hershberg informed her that that area would be graded so no additional retaining walls would not be necessary. Mr. Hershberg further discussed the parking situation mentioning that many of the parking spaces allocated for the other hotels in the Mohawk Harbor are not utilized because people are dropped off by Uber or other services and are not bringing cars there. Mr. Hershberg told Commissioner Wallinger that increased greenery could be added between the Mohawk River and the parking lot to screen the lot from the river. Commissioner Wilson asked about having balconies overlooking the harbor, however Ms. Primiano said that could add a lot of liability for the hotel. Commissioner Wallinger asked if some larger trees could be added with the rest of the landscaping, Mr. Hershberg was receptive to that idea. Commissioner Tearno asked about safety measures taken for the bike path, which would be redirected closer to the hotel as a result of the Mohawk Harbor Arena project. Mr. Hershberg said he would revisit the site plan for the harbor and could mirror some of those measure taken. Commissioner Wallinger reminded the applicant that the previous plan had the bike path painted green where it intersected with the road which could be utilized for this site as well. Commissioner Wilson was told that a walking path towards the harbor would be difficult as it would cross paths with the proposed retaining wall. Ms. Primiano confirmed for Commissioner Nadler that the windows were to be composite and not vinyl, and therefore compared with code and were more sustainable and durable. Ms. Maryanne Russillo, President of the East Front Street Association spoke during the public hearing. Ms. Russillo asked if the hotel would block the view for those living in apartments on the Mohawk Harbor. She was told that the views would not be negatively impacted. Ms. Russillo also mentioned the through-traffic that occurred on Front Street but was overall supportive of the hotel and the developers. Mr. David Hogenkamp of Metroplex spoke in support of the project and detailed the public dock that would go near the site as well. Mr. Hogenkamp said that Metroplex was working on a solution to the traffic concerns mentioned by Ms. Russillo previously. Commissioner Wallinger closed the public hearing. Commissioner Wallinger requested increased signage to keep drivers away from Front Street to address Ms. Russillo’s concern. SEQR RESOLUTION Motion made by Commissioner Tearno to issue the project a negative declaration. Seconded by Commissioner Hitlall. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue site plan approval with the following conditions. Seconded by Commissioner Wilson 1. The address will be prominently displayed so that it is easily visible from Erie Boulevard. 2. Metal roll gates and iron bars cannot be placed on any doors or windows at any time in the future. 3. Revised landscaping plan showing the addition of taller waterfront trees and trees between the hotel and the harbor be submitted to City staff for review 4. Bike path to be green wherever it passes the site 5. Plan be updated to show guardrail between the parking and the river and increased vegetation in that area  6. Applicant would return to the Planning Commission with a signage package once it is prepared. Signage would not need to be a separate application, but should be reviewed by the Commission and could be combined to show all wayfinding signage for the hotel and the event center 7. EIFS would be separated from the ground 8. Applicant would first receive an area variance from the BZA for parking Motion carried unanimously. BZA REFERRAL RESOLUTION Motion made by Commissioner Engert to refer the project to the BZA for the necessary parking variance. Seconded by Commissioner Tearno . Motion carried unanimously. E. Elizabeth Coffie requests site plan approval pursuant to Chapter 264-90(M) of a proposal to operate a market at 103-107 State Street, aka 102 Liberty Street, tax parcel # 39.71-2-2, located in the “C-4” Downtown Commercial District. Charles came before the Commission to discuss the application on behalf of his wife Elizabeth. The applicant stated that he was from Ghana and had to travel to Albany to arrive at the nearest market selling African food, so he wanted to operate an African and Caribbean market to fill this need in the community. The applicant mentioned that there would be no cooking on site, and the store would simply sell groceries and other convenience store items. Ms. Primiano detailed the staff comments for the applicant who had not yet reviewed them. The address came into question as it needed to be displayed so it was visible from Liberty Street, however the legal address for the property was 103 State Street so Ms. Primiano said she would help the applicant through the process of getting that situated with the 9-1-1 center. The applicant said there were no current plans to light the proposed sign but said lighting may be added in the future. There was no exterior space to accommodate garbage, so it was planned to store refuse inside. The applicant had not yet decided whether they would use City trash services or a private contractor. Ms. Primiano told him that as the trash was to be inside there would need to be approvals granted from the Commissioner of General Services. Ms. Primiano stated a Certificate of Use license would be needed before opening. The hours of the operation for the market were to be 9am-9pm. The Commissioners discussed the possibility of a street tree in front of the building, but determined that there was not sufficient room and the tree located to the left of the building was enough. Commissioner Wallinger recommended flowered planters on either side of the door in place of a tree. The applicant was open to that idea. Commissioner Wallinger also asked the applicant to place a trash can outside, as was a similar request for this type of use. No one spoke during the public hearing. SITE PLAN RESOLUTION Motion made by Commissioner Nadler to issue site plan approval with the following conditions. Seconded by Commissioner Engert. 1. Address will be prominently displayed so it is visible from Liberty Street 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Existing window sign to be removed 4. One flowered planter will be added to each side of the entrance door 5. The address will be coordinated with the 9-1-1 system to be properly on file 6. A Certificate of Use will be needed prior to opening 7. Refuse setup will need to be approved by the Commissioner of General Services Motion carried unanimously. F. Joseph Guidarelli requests site plan approval pursuant to Chapter 264-90(M) of a proposal to operate a cannabis dispensary at 1650 Crane Street, tax parcel # 49.79-1- 3.111, located in the “C-5” Business District. Mr. Dan Morelli came forward with Mr. Joe Guidarelli to discuss the cannabis dispensary application for 1650 Crane Street. Mr. Morelli said that the site had already been approved by New York State to operate as a dispensary. Mr. Morelli detailed the parking situation which was in good condition with 52 striped spaces, 3 of which were handicapped spaces. Mr. Morelli mentioned that the existing gymnastics studio in the plaza would be relocating to Rotterdam, and would not be located near the proposed dispensary. Mr. Morelli went through the landscaping plan which addressed the staff comments previously given. Commissioner Wallinger mentioned that additional street trees may be needed along Crane Street. Mr. Guidarelli stated that the pole sign frame will remain, and he would send in official signage details when they were finalized. The parking at the front would be dedicated to pre-order pickups. Mr. Morelli confirmed for Commissioner Wallinger that there was a large waiting area inside and did not anticipate long waiting lines outside the building. Commissioner Wilson noted that this site was much more appropriate for a dispensary than some other locations that had come before the Commission due to how isolated it was. No one spoke during the public hearing. SITE PLAN RESOLUTION Motion made by Commissioner Wilson to issue site plan approval with the following condition. Seconded by Commissioner Beach. 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. Additional low growing landscaping to be added as approved by the Planning Commission. 4. A revocable permit is required for the existing pole sign. The applicant will apply for the revocable permit in the Department of Engineering. 5. Signage will be reviewed by City staff before put up Motion carried unanimously. G. Chris LaFlamme requests site plan approval pursuant to Chapter 264-90(M) to operate a massage therapist office at 609 Union Street, tax parcel # 39.65-2-20, located in the “C-4” Downtown Commercial District. Mr. Chris LaFlamme came to discuss the plans he had for his building at 609 Union Street. Mr. LaFlamme said that 1,200 square feet of the first floor would be used for the massage therapist and he also got approvals to use the remainder of the first floor as a one bedroom handicap- accessible apartment. Mr. LaFlamme said that the final name for the business had not been determined, however Mr. Connelly clarified that the signage had been approved by the Historic Commission. Mr. LaFlamme told Commissioner Nadler that the second and third floors will remain the same as they are currently residential units. No one spoke during the public hearing. Mr. LaFlamme detailed that while he does not currently have plans for a café on the site, he has had discussions about having a small café on the first floor of the building at some point in the future. SITE PLAN RESOLUTION Motion made by Commissioner Beach, seconded by Commissioner Engert , to issue site plan approval as presented. Motion carried unanimously. H. Saleh Nagi requests site plan approval pursuant to Chapter 264-90(M) of a proposal to operate a deli and convenience store located at 1833 Broadway, tax parcel # 48.52-2- 26.1, located in the “C-2” Mixed-Use Commercial District. Mr. Saleh Nagi came to discuss his property. The applicant had not received the staff comments, and Mr. Connelly went through them for the applicant and Commission to hear. Mr. Connelly stated that one of the main comments was that the property was not in compliance with the Planning Commission approval conditions from February of 2021. These unfulfilled conditions include the sidewalk along 4th Street not being redone, the asphalt between the building and the sidewalk not being removed, and none of the required landscaping being completed. Current window signs on the building are still incompliant as they cover more than 20% of the window. The property owner mentioned that the dumpster had been enclosed, which was amongst the staff comments. Commissioner Wallinger believed that this might have been the third application coming before the Commission for this property and the conditions have never been properly met or addressed. The property owner said that he had never received any decision letter stating that the listed conditions needed to be met. Commissioner Wallinger said the conditions need to be met by the property owner regardless and they are the ones who need to keep the property in compliance with the code. Mr. Connelly stated too that the property owner was requested to appear at multiple meetings in 2021 after the salon was approved but did not do so. Had he attended those meetings the Commission would have reiterated the conditions that needed to be met. Commissioner Wallinger stressed that the Commission could not consider any further applications for this property until the prior conditions were met. SITE PLAN RESOLUTION Commissioner Engert made a motion to table the proposal. Seconded by Commissioner Hitlall with the reasons for tabling being the following:  1. The sidewalk along 4th Street will be replaced to City standards 2. The asphalt will be removed from the side of the building where the dumpster is currently stored, and grass will be planted there and between the building and where the new sidewalk will be installed. Asphalt will be removed in front of the building between the sidewalk and the curbed step into each storefront. Two flowering trees will be planted in front of the building. Also, in the parking lot adjacent to the residential neighbor, the pavement will be removed and the greenspace between the sidewalk and the first parking space will be enlarged. A third street tree will be planted in this location 3. The awning/canopy on the front of the building will be replaced. The owner will submit a plan for replacement to the City Planner for approval prior to applying for building permits. 4. Window signs cannot cover more than 20% of each windowpane. The existing signs for the massage business that are covering the windows will be removed 5. The existing projecting signs do not have the required revocable permits. The owner must obtain these permits from the Engineering Department 6. All peeling and chipping paint will be repainted. Paint colors must be approved by the City Planner prior to painting. Motion carried unanimously. I. Abdulgalil Musshed requests site plan approval pursuant to Chapter 264-90(M) of a proposal to operate a convenience store at 1800 State Street, tax parcel # 60.38-3-12, located in the “C-5” Business District. Mr. Dan Morelli asked Mr. Connelly to go through the staff comments as he had not gotten a chance to see them. In regards to the first comment, Mr. Morelli said that the site plan was not to scale because he could not get it to scale for the acceptable size plan that was requested. Mr. Connelly said if that became an issue in the future to reach out to Development staff and they will work with him. Mr. Connelly asked about the large vehicles stored at the rear of the property. Mr. Morelli said he recognized that the owner was improperly using it as an overflow lot which would be remedied as the new business came in. There is a residential property behind 1800 State which does not have the appropriate setbacks from the commercial use. Commissioner Wallinger said that at minimum a fence would be needed to separate the parking lot from the residence. The dumpster located along Van Zandt Street would need to be moved to the back of the property and enclosed. One of the staff comments referred to the large amount of asphalt in front of the building was not appropriate and needed to be removed and replaced with landscaping.  Mr. Morelli stated that originally this operation was intended to be a smoke shop, however due to the smoke shop moratorium the applicant switched their minds and decided to apply for a convenience store. Mr. Morelli agreed with the Commission that most of the unnecessary asphalt should be turned into green space, although he said the tenant is going to have difficulty getting the property owner to do the work. Mr. Connelly reminded Mr. Morelli that due to the moratorium the Planning Commission had no legal authority to approve a smoke shop. Therefore, if the application is approved for a convenience store it cannot later during into a smoke shop even if the moratorium is no longer in affect. The applicant could only later open as a smoke shop by reappearing before the Planning Commission- they could not operate as a smoke shop without further approvals. The Commission agreed that the application should be tabled until a more updated and complete site plan was submitted. SITE PLAN RESOLUTION Motion made by Commissioner Beach to table the application. Seconded by Commissioner Engert. Motion carried unanimously. MISCELLANEOUS Commissioner Wallinger spoke about the smoke shop legislation and noted that having a threshold of 40% tobacco products to be considered a smoke shop was a high number. Her concern was that the front 40% of the store could have fully smoking related items while other more obscure items were stored in the back. In her estimation a shop with that setup would still effectively be a smoke shop. Commissioner Wallinger mentioned Stewart’s and how only a small section of their merchandise was smoking related and wanted to see something closer to that be in the language for the moratorium. CITY COUNCIL RECOMMENDATION: Motion made by Commissioner Nadler to recommend the City Council reduce the allowable percentage of tobacco products by floor space and sales to be more consistent with that of a typical convenience store for the remainder of the time the smoke shop moratorium is in place. Seconded by Commissioner Engert. Motion carried unanimously. ADJOURN Motion to adjourn made by Commissioner Engert , seconded by Commissioner Beach. The meeting adjourned at 9:17PM.