Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes July 17 , 2024 I. CALL TO ORDER Meeting called to order at 6:05 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Bradley Lewis; Vice Chair, Colin Evers; Susan Nadler; Dharam Hitlall; Hayden Engert; Maxine Barasch, Corporation Counsel; Sean O’Brien, Assistant Corporation Counsel; Jack Connelly, Planner I and Christine Primiano, Principal Planner Excused : Jason Bogdanowicz-Wilson, Randall Beach, Michael Tearno III. Conflict of Interest Check Mr. O’Brien had a previous personal relationship with the engineer for the 281 Altamont Avenue application. Ms. Barasch would provide counsel for the Commission for the first three applications, with Mr. O’Brien taking over after. 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 Nadler made a motion to approve the June 26 minutes with Commissioner Engert seconding. The motion was carried unanimously. IV. OLD BUSINESS A. Wei Chen requests site plan approval pursuant to Section 264-90(F) of a proposal to construct a 6 unit apartment building at 611 Union Street, tax parcel # 39.65-2-26, located in the C-4 Downtown Commercial District. Mr. Wei Chen came before the Commission reminding them that he presented this location a few months ago where it was approved as a restaurant. The restaurant needed to move to 13 Broadway, which opened the possibility to convert 611 Union solely to apartments. Mr. Chen noted that he received the staff comments and was prepared to meet them. Commissioner Wallinger opened the public hearing and Mr. Scott Citek from Metroplex came forward to express support for the project. The public hearing was closed after no further comments were heard. Commissioner Wallinger said she did not see any issue as the site plan was previously approved when it came forward as the restaurant. Mr. Connelly brought up the staff comment that a tree was requested in the back parking lot, and that any façade changes needed to go before the Historic Commission. Mr. Chen said he could have the tree installed by September 15th. SEQR RESOLUTION Motion made by Commissioner Engert to give the project a negative SEQR declaration. Seconded by Commissioner Hitlall. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Engert to grant site plan approval with the following conditions. Seconded by Commissioner Nadler. 1. The address will be prominently displayed so that it is visible from Union Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Pursuant to 264(H)3(B) a tree will be added to the rear of the parking lot. Landscaping plan will be sent to City Planner for review and approval. 4. All necessary building permits will be pulled. 5. All future exterior building changes will require Historic Commission approval. B. Joseph Candida requests site plan approval pursuant to Section 264-90(B) of a proposal to renovate the property and operate a tavern at 421 Union Street, tax parcel # 39.64-2-21, located in the C-4 Downtown Commercial District with the OH Historic Overlay Mr. Joseph Candida addressed the Commission as engineer for the project along with Terry Aldrich, owner of the property. In regard to the snow storage staff comment, Mr. Candida detailed that Mr. Aldrich also owns the neighboring 417 Union which has plenty of space to accommodate the snow. Commissioner Wallinger noted that the Engineering Department made comment of the SEQR form being incorrectly filled out, as the property is directly adjacent to the New York State Empire bike trail, although the form said otherwise. Mr. Candida said that was an innocent oversight and would resubmit appropriately. Commissioner Wallinger asked about the 5 foot asphalt buffer between the sidewalk and the landscaping area, and asked if it was necessary. Mr. Candida responded saying he could push it directly to the sidewalk if that was the wish of the Commission. Commissioner Wallinger suggested rearranging the landscaping at the north end of the site to better hide the trash area. The applicant was happy to address this request as well. Given the proximity to the bike trail the applicants agreed to put bicycle racks on the property. Mr. Candida discussed the elevations of the site, mentioning that the signage would remain the same, only with the “Auto Service” portion being removed. The addition would encroach on the minimum rear setback requirements, which Mr. Candida was prepared to discuss with the Zoning Board. Commissioner Wallinger opened the public hearing with Scott Citek from Metroplex again speaking in support. Mr. Citek commended Mr. Aldrich for the investment he had made to both this property and the adjacent 417 Union. The public hearing was closed after no further comments were heard. Mr. Candida agreed that the end of the month was a reasonable time frame to resubmit the revised SEQR form. SEQR RESOLUTION Motion made by Commissioner Nadler to give the project a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Evers to issue site plan approval with the following conditions. Seconded by Commissioner Nadler. 1. The address will be prominently displayed so that it is easily visible from Union Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Landscaping beds along Union Street will extend to the sidewalk. 4. Landscaping in front of garbage will be rearranged to better shield the garbage from the street. 5. Bike racks will be added. 6. Revised SEQR form will be submitted to City Planner by August 1, 2024. 7. All exterior changes must be first approved by the Historic Commission. 8. A Certificate of Use, Public Assembly License and a Sidewalk Café permit are all required prior to opening. Motion carried unanimously. BZA REFERRAL RESOLUTION Motion made by Commissioner Engert to refer the project to the Board of Zoning Appeals to receive an area variance for the rear setback issues. Seconded by Commissioner Hitlall. Motion carried unanimously. C. Altamont Ave Properties LLC requests site plan approval pursuant to Section 264-90(J) of a proposal to operate a convenience store and gas station at 281 Altamont Avenue, tax parcel # 49.66-3-7, located in the C-2 Mixed-Use Commercial District. Mr. Bill Hennessy came forward as engineer of the project to speak on the application for a Gulf gasoline station and convenience store at 281 Altamont Avenue. Mr. Hennessy noted that California Avenue being a one way street leading out to Altamont made things difficult as it meant trucks only had one means of ingress and egress through the property. The applicant was prepared to meet the staff comments regarding the need for sidewalks along Altamont Avenue. Mr. Hennessy mentioned the proposal to infill the existing door on the California side of the property and move it more towards the center of the building. The brick façade would be removed and replaced with stone on the bottom and clapboard siding on top. Windows were also proposed to increase visibility. Commissioner Wallinger requested whether the proposed roof could be a bit of a darker blue to not be as vibrant as the neighborhood around the site was primarily residential. The business owner, Ayaaz Yousaf, said he was happy to change the color if the Commission wanted it. Mr. Yousaf confirmed that there would be two gas dispensers with four stalls for users. Commissioner Nadler feared the gasoline trucks going through the residential neighborhood streets would be disruptive and asked whether the applicant could not put in a sidewalk on Altamont so the trucks could use that area for gasoline drop offs. Commissioner Wallinger responded saying that the addition of a sidewalk would not impact the truck circulation one way or the other and that the sidewalks would need to be required. The sidewalks could still be driven over by the heavy trucks. Commissioner Wallinger mentioned that the corner is very crowded and the current pole sign was illegally in the right-of-way. Mr. Hennessy said that the plan was to replace the pole sign with a new monument sign. Mr. Hennessy told the Commission that Gulf did not want signage on the canopy, which was why the desire to have a monument sign on the corner was so high. Commissioner Wallinger asked to the possibility of having the monument sign pushed back and angled with the sidewalk leading pedestrians around it in order to avoid the sidewalk going directly into the “Do Not Enter” sign and the signal control pole. Ms. Primiano told the applicant that the monument sign would need to be at least 20 feet back from the intersecting curb line according to code. The reasoning for the 20 feet was for visibility purposes on corner locations. Because this area interferes with the truck route into the site having a monument sign would be difficult at the corner. Mr. Yousaf stated that he would prefer to just have the signage on the canopy, however reiterated that Gulf would not allow it. Commissioner Wallinger thought perhaps since the City was not allowing the monument sign Gulf may be more likely to allow the canopy signs. Commissioner Wallinger said that the City could provide documentation on why the monument sign would not be permissible due to the unique geometry of the site in hopes that a canopy sign would then be allowed. Mr. Yousaf thought that was a reasonable compromise and would take out the monument sign for now. Mr. Connelly confirmed that two signs were allowed on the canopy and two signs were allowed on the roof of the building. Any more than that would require approval from the BZA. Mr. Yousaf thought that would suffice if Gulf allowed the canopy signs. Mr. Hennessy went over the landscaping plan, to which Commissioner Wallinger requested a taller shade tree along California. Commissioner Wallinger asked if the kerosene tank in the rear of the property had a permit. Mr. Yousaf stated that it was registered with New York State. Ms. Primiano said that she was going to confirm with the Fire Department just so that they were fully aware of the situation. Mr. Hennessy confirmed that there would be no cooking or preparing of food inside the site. Commissioner Wallinger reminded the applicant that trash cans would be needed outside of the doors of the building and that any window signs could not occupy more than 20% of the window. Additionally, Commissioner Wallinger stated that sandwich board signs could not be put all over the site as is seen in similar businesses. Mr. Yousaf was happy to put the trash cans outside and comply with the window sign requirements, and stated that even if he wanted sandwich boards the site was so constrained that he would have no space for them. Commissioner Wallinger opened the public hearing and Mr. Dharmendra Sukalingum of 1625 California Avenue came forward. Mr. Sukalingum’s property is directly adjacent to the site and he expressed that when the business was operating under previous ownership patrons would frequently urinate in the back area along his property and fence. Mr. Yousaf confirmed that there would be restrooms inside for customers to use. Mr. Sukalingum said the previous owners also pushed snow directly onto his fence, one time breaking it. Commissioner Wallinger asked if a guard rail could be added against the fence so snow could not be pushed directly towards it. Mr. Hennessy said he could do that. Ms. Primiano asked if a truck needed to go right to the kerosene tank. Mr. Hennessy said that a truck did not need to go directly next to it to fill it. Ms. Primiano suggested fencing off the entire back area, including the dumpster and kerosene tank, and include a gate so access was easy but not possible for those who did not need access. Commissioner Wallinger said that a 15 foot buffer was required for the trash from the adjacent property, although only 12 feet were proposed. Commissioner Engert agreed that a solid fence completely blocking off the back would be appropriate. Commissioner Wallinger stated that she would be okay with the 12 foot garbage buffer as long as the landscaping continued all the way to the rear of the property. Mr. Yousaf told Commissioner Nadler that the hours of operation would be 5am-12am. Commissioner Wallinger closed the public hearing as no more comments were heard. SEQR RESOLUTION Commissioner Evers made a motion to give the project a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. SITE PLAN RESOLUTION Commissioner Lewis made a motion to issue site plan approval with the following conditions. Seconded by Commissioner Engert. 1. The address will be prominently displayed so that it is easily visible from Altamont Avenue. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Sign on the corner will be removed.  4. A low-level landscaping bed will be added to the corner of the property along with a sidewalk connecting California and Altamont. 5. Applicant will submit plans for signage for the canopy. 6. Final color for the roof will be submitted to City Planner prior to construction. 7. Tall shade tree will be added along California Avenue. 8. Landscaping buffer will extend to the rear of the property to shield neighbor on California. Three trees will be put in this spot. 9. A fence will be installed with a gate to limit access to the rear of the property. 10. Trash cans will be added by the entrances and exits of the property during hours of operation. 11. Sidewalk will be continued along the entirety of the site. 12. A Certificate of Use is required to operate this business. Motion carried unanimously. D. Luis Beria requests site plan approval pursuant to Section 26-90(M) of a proposal to operate a barber shop at 2408 Guilderland Avenue, tax parcel # 48.83-2-6, located in the C-1 Neighborhood Retail District. Mr. Luis Beria was present to discuss the application. Mr. Beria was aware that the existing pole sign was not allowable by code, and was currently working on bringing forward a new design. Mr. Beria agreed that the new sidewalk, which was mentioned in the staff comments, could be fully implemented by October 31st. Commissioner Wallinger spoke to the necessity of street trees on the site, as well as issues with the parking lot. Currently, the first parking space is directly adjacent to the sidewalk but a 4-foot buffer is necessary. As there was an overhead line in the middle of the sidewalk along Harrison, Commissioner Wallinger suggested to larger shad trees on either side of the wire. Mr. Beria was happy to comply and requested recommendations on the appropriate tree species. Commissioner Wallinger requested 2 flowering trees between the sidewalk and the fence on the Guilderland side of the property. The public hearing was opening by Commissioner Wallinger and subsequently closed after no comments were heard. Mr. Beria stated that he would send a revised sign plan to Ms. Primiano and Mr. Connelly when one was available. SEQR RESOLUTION Motion made by Commissioner Engert to give this project a negative SEQR 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 Evers. 1. The address will be prominently displayed so that it is easily visible from Guilderland Avenue. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Two flowering trees will be added between the sidewalk and the fence on the Guilderland Avenue side of the property. 4. Two tall shade trees will be added on the Harrison Street side of the property. 5. Pavement be removed in order to provide the necessary 4 foot buffer between sidewalk and the parking lot. 6. Necessary sidewalk and curb replacements will be completed by October 31st. 7. All landscaping will be replaced by October 15th. Motion carried unanimously. E. Joshua Hawley requests site plan approval pursuant to Section 264-90(M) of proposal to operate a tee shirt print shop at 1251 Broadway, tax parcel # 49.37-2-25, located in the M-1 Light Manufacturing and Warehousing District. Mr. Josh Hawley came forward as the engineer for the project. Mr. Hawley detailed the uniqueness of this property where the building footprint takes up nearly 100% of the property boundaries. Mr. Hawley pass out a parking agreement which he had obtained with the property next door to utilize 2 parking spaces and satisfy the parking requirements for the site. The sign proposals had not yet been reviewed by City staff, so Mr. Hawley showed the designs. The proposed sign was found to be far too large and Ms. Primiano told the applicant that for the front of the building 33 square feet was the maximum size. The sign should be placed above the front door and between the delineation of the first and second floor. Mr. Hawley confirmed that the entirety of the building was going to be painted. Commissioner Wallinger recommended a darker shade of grey which would look better long term and not get as dirty. Mr. Hawley said that there may be occasional customers coming in but a majority of the business was going to making the shirts on site and shipping them out. Commissioner Wallinger opened the public hearing and subsequently closed it after no comments were heard. SEQR RESOLUTION Motion made by Commissioner Engert to give the project a negative SEQR declaration. Seconded by Commissioner Hitlall . Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Evers to grant site plan approval with the following conditions. The motion was seconded by Commissioner Hitlall . 1. The address will be prominently displayed so that it is easily visible from Broadway. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The brick on the front of the building will remain as is. 4. Painted portion of the building to be a medium to darker grey. 5. Design for the sign falls between the top of the door and the delineation between the first and second floor which will be submitted to the City Planner. Motion to be carried unanimously. F. Ameer Tassaddaq requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a restaurant located at 764 ½ Eastern Avenue, tax parcel # 39.74-3-18, located in the R-2 Two-Family Residential District. The applicant for the property appeared to discuss the proposal to operate a restaurant at 764 ½ Eastern Avenue. The applicant was not able to review the staff comments as proper contact information was not available on the initial application. Mr. Connelly detailed the staff comments accordingly. In regard to the comment from the police the applicant said that there was only 3 tables inside and a majority of the business would be take out. Mr. Connelly noted that the window signs that are currently on the building take up more than 20% of the window and must be reduced. The garbage will be stored under the deck on the back of the property. Mr. Connelly informed the applicant that an enclosure was needed around the dumpster, which he said he would be able to add. Commissioner Wallinger emphasized the importance of having a handrail leading up the stairs into the building. Commissioner Wallinger believed that given the simplicity of the property conditional site plan approval could be given despite the lack of information. Commissioner Wallinger opened the public hearing and subsequently closed it given that no comments were heard. SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue site plan approval for the project with the following conditions. Seconded by Commissioner Evers. 1. The address will be prominently displayed so that it is easily visible from Eastern Avenue. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future.  3. All window signs must not occupy more than 20% of their respective window. 4. Plan for garbage screening to be submitted to the City Planner. 5. Full site plan be submitted to the City Planner for review prior to opening. 6. Certificate of Use and Public Assembly License is necessary for this property. Motion carried unanimously. V. OLD BUSINESS A. J&J APARTMENTS LLC requests site plan approval pursuant to Section 264-90(F) of a proposal to develop 17 residential units at 3 State Street, tax parcel # 39.63-3-34, located in a C-4 Downtown Commercial District. Mr. Chris Petrone of Neil Pelone Architecture came forward to speak on the application for 3 State Street. Mr. Petrone detailed that the property recently was added to the New York State and federal registers of historic places. All renovations to the building would coordinate with state and federal preservation standards. The building would have 17 apartment units inside. Mr. Petrone spoke on a new fence that would surround the property, mainly on the Washington Avenue side of the property. The fence would further shield the garbage and mechanical facilities. The fire escape stairs attached to the building were proposed to be removed. Mr. Petrone said that all final colors for the exterior painting would be selected by matching with the existing as closely as possible. Mr. Connelly asked if there would be a second means of egress from the building as the fire escape stairs were being removed. Mr. Petrone said that was not a plan, to which Mr. Connelly responded saying that they should confer with Codes as conversations with a Code Officer revealed that a second means of egress may be necessary. Mr. Petrone told Commissioner Nadler that all the units would be one bedroom. Commissioner Wallinger brought up the trash which was directly adjacent to the house on Washington Avenue. Mr. Petrone said that they would be able to move the trash closer to the mechanicals to remediate the issue. Commissioner Wallinger opened the public hearing. Mr. Scott Citek of Metroplex spoke to the experience of the developers and the poor condition that the building had been in for years prior to their involvement. Mr. Citek stated that Metroplex was strongly in favor of the approval of this project. Commissioner Wallinger closed the public hearing as no further comments were heard. SEQR RESOLUTION Motion made by Commissioner Engert to issue a negative SEQR declaration for this project. Seconded by Commissioner Evers Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Engert with the following conditions. Seconded by Commissioner Nadler. 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Garbage be moved closer to the mechanicals and away from the residential building on Washington Avenue. 4. Final paint colors to be submitted to the City Planner. Motion carried unanimously. B. RNR Tire Express requests a revised site plan approval pursuant to Section 264-90 (G and J) of a proposal to operate a tire shop at 1818 State Street, tax parcel # 60.47-1-2, located in the C-5 Business District. Mr. Jeff Leland came forward as the applicant for the project. Mr. Leland mentioned that he previously presented this project to the Commission however his approval expired leading him to return. Mr. Leland said that the Chester Street side of the building was in need of repair, and he was planning on removing the current materials and replacing everything with EIFS. Commissioner Wallinger informed Mr. Leland that EIFS is not allowed on the first floors of buildings per city code. Commissioner Wallinger stated that this property has come before the Planning Commission multiple times and some of the conditions of site plan approval such as required landscaping were never added to the site. Mr. Connelly detailed some of the previous approvals. Mr. Leland requested a written list of the conditions to relay to the property owner. Mr. Leland stated that the current landscaping bed was not in good condition but the addition of a Japanese maple tree was planned. Commissioner Wallinger said the 4 spaces on the far right along State Street were previously told to be removed and should be removed as a condition of approval even though the portion of the building they are adjacent to would not be used by Mr. Leland. The spaces in question backed out directly onto the sidewalk which would not be allowed. Commissioner Wallinger opened the public hearing, and subsequently closed it as no comments were heard. Mr. Leland asked what was to be done about the curb along Chester Street, as there was no true curb cut leading to the driveway. Ms. Primiano said that a curb and proper curb cuts should be added. Mr. Leland outlined the landscaping plan for the corner of State and Chester but said that he did not have a drawing showing that. Commissioner Wallinger stated that she wanted to see a revised site plan that showed all landscaping buffers, official locations of curbs and curb cuts and the elimination of the parking spots that back directly onto the sidewalk. Commissioner Wallinger said that a conditional site plan approval could be granted but that the Planning Commission would need to review and approve the final site plan when completed. SEQR RESOLUTION Motion made by Commissioner Lewis to issue a negative SEQR declaration for this property. Seconded by Commissioner Evers. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Evers to issue conditional site plan approval contingent on the following items. Seconded by Commissioner Nadler. 1. Applicant will return with a site plan detailing all items discussed at the meeting including the curb cut detail for Chester Street, a full landscaping plan and the removal of the four spaces backing out directly onto the sidewalk along State Street. Motion carried unanimously. VI. Miscellaneous A. Recommendation to the City Council for changes to the Historic ordinance of the City of Schenectady Code. Mr. Connelly stated that the City Council had adopted newly made changes to the Historic ordinance of the zoning code, however referred the project to the Planning Commission to give a recommendation on any revisions that may be needed. Mr. O’Brien shared the main topic of discussion in the adoption of the code changes was the number of Commissioners on the Board. Mr. Connelly and the Department of Development had recommended lowering the number to 5 Commissioners as that was easier to maintain than a 7-member Board and therefore it would be easier to make quorum. Mr. Connelly said the Historic Commission frequently had issues making quorum and it had been quite a while since there was a full board with 7 members. The argument from those in favor of a 7 member board was the increased opportunity to incorporate diversity in the Historic Commission, which all agreed was an important goal. Mr. Connelly said there had been an influx of applications to be a Commissioner since the changes were proposed, but feared that when the changes were off the table the urgency would not be as high and the Commission would again struggle to maintain its full capacity. Mr. Connelly also added that there would be an alternate member on the Board in case a member was unable to be present. Mr. Connelly detailed some of the rest of the changes, including cleaning up some minor language mistakes. Additionally, the code changes will allow the Historic Commission to formally adopt the design guidelines which have already been produced, provide protections for “established trees”, add a consent agenda, and allow specific interior features to receive historic protections in certain instances. Mr. Connelly said the changes would be beneficial to making the process easier and more efficient for applicants. Commissioner Nadler expressed full support for the code changes and thought that a five member Commission was preferred. CITY COUNCIL RECOMMENDATION Motion made by Commissioner Engert to express support for the Historic code changes adopted by the City Council, with the exception that a 5-member Board is preferred to a 7-member Board. The reasoning for the recommendation is as follows. Seconded by Commissioner Hitlall . 1. Staffing a 7 member Historic Commission has historically been difficult, leading to the Commission not being fully staffed for extended periods. 2. An alternate member would increase Board participation. 3. City Planner would circulate a draft letter before sending to the City Council. Motion made unanimously. ADJOURN Motion to adjourn made by Commissioner Engert , seconded by Commissioner Hitlall . The meeting adjourned at 8:48pm.