Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes September 18 , 2024 I. CALL TO ORDER Meeting called to order at 6:11 p.m. II. ATTENDANCE Present: Mary Moore Wallinger; Chair, Bradley Lewis; Vice Chair, Randall Beach; Michael Tearno; Colin Evers; Susan Nadler; Jason Bodgdanowicz-Wilson; Hayden Engert; Sean O’Brien, Corporation Counsel; Jack Connelly, Planner I Excused : Dharam Hitlall, Christine Primiano- Principal Planner III. Conflict of Interest Check Commissioner Evers had a conflict of interest with consent agenda item B due to his professional relationship with applicant Mitchell Ramsey. 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 July 17 minutes with Commissioner Nadler seconding. The motion was carried unanimously. IV. CONSENT AGENDA A. RNR Tires 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 stated that he had reviewed the staff comments and was prepared to meet them, including the addition of the crabapple tree at the corner of State and Chester. B. Mitchell Ramsey requests approval for the sign, pursuant to the Planning Commission decision from February of 2022, for the business at 116 Jay Street, tax parcel # 39.72-2-13, located in the C-4 Downtown Mixed-Use District. Mr. Ramsey came before the Commission. Commissioner Wallinger asked if the applicant would be able to also add some sort of permanent signage directing customers towards the entrance on the alley way, which is the bar’s primary entrance. Mr. Ramsey said he would be evaluating funds after the currently proposed sign was put up but had a vision of putting a projecting sign with an arrow directing people appropriately. Mr. Ramsey stated that the new directional sign could be done before the end of the year. C. Habitat for Humanity requests amended subdivision approval pursuant to Chapter 230-2(A) of a proposal to alter subdivided lines approved in February of 2024 at 715 Rankin Avenue, tax parcel # 49.28-2-38.1, located in the R-1 Single-Family Residential District. Ms. Kathy Fernandez from Habitat for Humanity came forward and stated that she was prepared to meet all staff comments. D. Ali Bland requests a Special Use Permit pursuant to Section 264-61 (H) of a proposal to paint a 24’x31’ mural on the side of the building at 10North Center Street, tax parcel # 39.64-2-30, located in the C-4 Downtown Mixed-Use District. A representative for the project came forward and said that this project was a part of a wider regional effort to add street art in the Capital Region. Not all of the exact colors had been decided upon, but the design was to be approved with the final colors to be submitted to City staff when available. E. YWCA requests a Special Use Permit and site plan approval pursuant to Sections 264 Schedule A and 264-90(F) of a proposal to construct and operate a 54 unit apartment building and rehabilitate the existing 42 unit building at 38 and 40 Washington Avenue, tax parcel #s 39.61-1-10 and 11, both located in the RH-2 Stockade Historic Residential District. Mr. Andy Brick , attorney representative for the project, stated that the conditions of approval from the August meeting had been met. These included the addition of 5 trees in the rear of the site and a designated area for ride share pick ups in order to relieve street congestion on Washington Avenue. As Metroplex, acting as lead agency, had completed their SEQR determination the Planning Commission was now able to vote on the project. Commissioner Wallinger opened the public hearing for all consent agenda items. Mr. Andy Brick expressed support for the mural at 10 North Center Street. The public hearing was closed as no further comments were heard. SEQR RESOLUTION Motion made by Commissioner Engert to issue a negative SEQR declaration for consent agenda items A, C and D. Seconded by Commissioner Tearno . Motion carried 7-0, with Commissioner Lewis not yet present . 1818 STATE SITE PLAN RESOLUTION Motion made by Commissioner Evers to issue site plan approval for the project at 1818 State Street. Seconded by Commissioner Engert. 713 RANKIN SUBDIVISION RESOLUTION Motion made by Commissioner Tearno to issue an amended subdivision approval for the project at 713 Rankin Avenue. Seconded by Commissioner Engert. Motion carried 7-0, with Commissioner Lewis not yet present . 10 NORTH CENTER SPECIAL USE PERMIT RESOLUTION Motion made by Commissioner Beach to approve the Special Use Permit for 10 North Center Street with the following conditions and findings of fact. Seconded by Commissioner Nadler.  1. Impact: The proposed building or use shall not substantially impact upon the nature and character of the surrounding neighborhood. Murals and public artwork are conducive with the goals of the City’s comprehensive plan and Downtown design guidelines. 2. Adjacent Properties: The proposal will not have a substantial or undue adverse effect upon adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare. 3. Nuisances: Operations in connection with the proposal shall not be more objectionable to nearby properties by reason of noise, fumes, vibrations or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. Facilities and services: The proposal will be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The proposed mural will not have any impact whatsoever on these services. 5. Loss of significant features: The proposal will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. The proposed mural will enhance the aesthetic nature of the building. 6. Compliance: The proposal complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried 6-0, with Commissioner Lewis not yet prese nt. 116 JAY SIGNAGE RESOLUTION Motion made by Commissioner Nadler to approve the proposed sign. Seconded by Commissioner Engert. Motion carried 7-0, with Commissioner Lewis not yet present and Commissioner Evers abstaining . 38 WASHINGTON SPECIAL USE PERMIT RESOLUTION Motion made by Commissioner Beach to issue a Special Use Permit for the project at 38/40 Washington Avenue with the following conditions and findings of fact. Seconded by Commissioner Wilson. 1. Impact: The proposal shall have a positive impact on the neighborhood given the benefits of their institution. All rehabilitation of existing buildings and construction of new buildings will receive Historic Commission review, and will therefore be an aesthetic fit in the neighborhood. 2. Adjacent Properties: The proposal will not have a substantial or undue adverse effect upon adjacent properties, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare. 3. Nuisances: Operations in connection with the proposal shall not be more objectionable to nearby properties by reason of noise, fumes, vibrations or flashing lights than would be the operations of any permitted use not requiring a special use permit. 4. Facilities and services: The proposal will be adequately serviced by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer and schools. 5. Loss of significant features: The proposal will not result in the destruction, loss, or damage of any natural, scenic, architectural, or historic feature of significant importance. The current structures will benefit greatly from rehabilitation and new buildings will not be constructed until the Historic Commission deems they are fit to enhance the nature of the Stockade Historic District.  6. Compliance: The proposal complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried 7-0, with Commissioner Lewis not yet present. 38 WASHINGTON SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue a site plan approval for the project at 38/40 Washington Avenue. Seconded by Commissioner Tearno. Motion carried 7-0 with Commissioner Lewis not yet present. Commissioner Lewis arrived to vote on all remaining agenda items. V. NEW BUSINESS A. Lightwell Development requests site plan approval pursuant to Section 264-90(F) of a proposal to renovate 308 State Street for 40 apartment units and 2 retail spaces, tax parcel # 39.71-3-15.11, located in C-4 Downtown Mixed-Use District. Mr. Mike Roman of C2 Architecture and Dave Kimmer of ABD Engineering came forward to discuss the project. Mr. Roman stated that all buildings on the site would be receiving major façade rehabilitations, including the former Rudnick’s building which would have architectural improvements made to bring the building back closer to its original look. All aesthetic changes visible from State Street or Erie Boulevard would need to first get approval from the Historic Commission. Mr. Roman mentioned that the first floors of all buildings would have retail spaces, and while the tenants are unknown at this time the first floors would be fitted with mostly transparent glass to allow visibility into the site. The upstairs would have 46 residential apartment units, which differed from the original application stating 40. Mr. Connelly stated that he had received a parking agreement from Metroplex to allow parking at the lot across State Street, adjacent to Katie O’Byrne’s, but that agreement would need to be altered slightly with the increase in units. Mr. Connelly said that the Zoning Officer had determined there were more than enough parking spaces in that lot to accommodate the existing commercial areas that use the lot as well as the impending residential units and the train station. In order to properly fix the facades of the buildings the three street trees along State Street would need to be removed, and then replaced with new trees when the work was completed. The applicant was told to confirm final landscaping plans with City staff before proceeding. Mr. Roman detailed the back portions of the buildings were deteriorating and would be removed to allow for a courtyard for residents. The specific courtyard details had yet to be determined, and Commissioner Wallinger asked if final details could be sent to City staff for review when all was settled. Mr. Roman stated the courtyard was enclosed by a wall that was owned by Trustco Bank. The applicant was seeking an agreement with Trustco to remove the wall in order to perform the necessary work, and then replace the wall with the appropriate Trustco signage as is the current situation. As this project is using historic tax credits, SHPO approval is needed for interior work. The top floor was deemed unfit to support residential units and is therefore being transformed into a community room with the interior design and detail remaining in place. Commissioner Wallinger opened the public hearing. Scott Cietek of Metroplex came forward to express approval for the project. Mr. Connelly read an email into the record from Beth Petta who was in favor of the project and said the buildings were worthy of preservation. No further comments were heard and the public hearing was closed. Commissioner Wallinger noted that as Metroplex was lead agency, the Planning Commission did not need to take any SEQR vote for this project. SITE PLAN RESOLUTION Motion made by Commissioner Engert to approve the site plan with the following conditions. Seconded by Commissioner Wilson. 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. All future landscaping plans and street trees to be reviewed and approved by the City Planner. 4. Specifics regarding the courtyard and surrounding wall to be reviewed and approved by the City Planner. 5. All changes to the building visible from State Street or Erie Boulevard must first receive approval from the Historic Commission. Motion carried unanimously . B. Steven Cimino, Jr. requests site plan approval pursuant to Section 264-90(F) of a proposal to develop a 4-unit apartment building at 818 Congress Street, tax parcel # 49.46-4-10, located in the R-2 Two Family Residential District. Mr. Steven Cimino Jr. and Dave Kimmer of ABD Engineering came forward to discuss the project. The site currently has no structure and was under contract to be purchased from the City. Mr. Kimmer mentioned that although in the R-2 zone, the property had received approval from the BZA to operate as a 4 unit building. The building had 6 parking spaces in the rear including one handicap space closest to the building. There were also proposed sidewalks going down the side of the building to grant individual access to each of the 4 units. Mr. Cimino said the building would be a stick frame house with vinyl siding, vinyl windows and a shingle roof. The house would be brown which Mr. Cimino said would differentiate the house from the rest of the neighborhood without standing out too much. Mr. Cimino detailed some of the other buildings in the area that he had similarly rehabilitated, including the house next door to 818 Congress. Commissioner Wallinger noted that the second floor would have a lot of blank wall and Commissioner Tearno said the house was designed in a way that it might appear as a one story which would not fit in with the rest of the area. Commissioner Wallinger recommended the house be built up a bit more which would make it more cohesive with the neighborhood and would also reduce the overall footprint of the building. A porch was another recommendation to improve the aesthetics of the front of the house. Mr. Connelly mentioned that per City code there needed to be a 2 foot setback between the end of the paving for the parking area and the rear property line. Mr. Kimmer said that they were close to that already and did not foresee reaching the setback goal being any issue. Commissioner Wallinger opened the public hearing, which was closed as no comments were heard. SITE PLAN RESOLUTION Motion made by Commissioner E ngert to table the proposal. Seconded by Commissioner Evers. Motion carried unanimously. C. Alena Lasher requests site plan approval pursuant to Section 264-90(F) of a proposal to develop a 4-unit apartment building at 737 Bailey Street, tax parcel # 49.45-3-23, located in the R-2 Two-Family Residential District. Mr. Dave Kimmer and Steve Cimino Jr. remained in front of the Commission to discuss the project at 737 Bailey, another property that had already received a use variance to operate as a 4-unit in an R-2 zone. Mr. Kimmer stated that the property had received an area variance as well to allow parking to take place at the 7 bay garage across the street. Mr. Cimino said that vinyl siding would be used for the entirety of the building, including the existing cedar shake siding on the top floor which was in disrepair. Many of the windows also needed to be replaced and new vinyl windows would be put in. The roof would be shingles. Mr. Kimmer stated that the sidewalk around the house was recently done by the City, however the area in front of the garage was not touched. Mr. Connelly confirmed that he had spoken with Chris Wallin, the City Engineer, who was okay with the area in front of the garage being repaved solely with asphalt, and not concrete sidewalk, which is what the applicant had planned. Additionally, Mr. Wallin was fine with the garage exceeding the 40 foot maximum for curb cuts, as having a divide in the curb cut would not make sense for this location. Mr. Cimino informed the Commission that there would be signage on the garage doors to prohibit parking on the asphalt in front of the garage. Mr. Cimino said that each of the units would have their own entrance and there would not be a common hallway connecting the units. The large tree in the rear of the property would need to be trimmed back but there were no plans for its removal. Commissioner Wallinger said that elevations would be necessary to see exactly what work was going to be completed. Commissioner Wallinger opened the public hearing, and then closed it as there were no comments. Mr. Cimino told Commissioner Tearno that the garbage cans would be located in the backyard, which was heavily shielded from view. SITE PLAN RESOLUTION Motion made by Commissioner Beach to grant conditional site plan approval with the following conditions. The motion was seconded by Commissioner Tearno . 1. The address will be prominently displayed so that it is easily visible from Bailey Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. The applicant return to the Planning Commission with elevations showing the before and after of each of the street facing facades.  Motion to be carried unanimously. D. Brennan Landscaping, Inc. requests site plan approval pursuant to Section 264-90(I) of a proposal to construct a new 50’x80’ one story storage building at 451 Peek Street, tax parcel # 39.50- 2-55, located in the M-1 Light Manufacturing and Warehousing District. Mr. Kimmer remained in front of the Commission and with him was Mr. Brennan of Brennan Landscaping. Mr. Kimmer explained that the building would be used for storage and would have metal siding with a metal roof. Mr. Connelly told the Commission that the area to the properties to the east of the site were residential however they were more removed from the site as there is an alleyway and landscaping shielding the backyards from the site. The properties to the north, which are directly adjacent to 451, are industrial. Commissioner Wallinger noted that she did not think there were issues with the proposal, but did want to see some additional landscaping along Peek Street as that was likely to only increase in usage due to larger amounts of development in the harborside. It was decided that a climbing vine would be added to the west portion of the site along Peek Street. Commissioner Wallinger opened the public hearing, and then closed it as there were no comments. SEQR RESOLUTION Motion made by Commissioner Engert to issue a negative SEQR declaration for the project. Seconded by Commissioner Evers. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Nadler to issue site plan approval with the following conditions and findings of fact. Seconded by Commissioner Engert. 1. The address will be prominently displayed so that it is easily visible from Peek Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. A climbing vine will be added to the western end of the frontage along Peek Street. VI. OLD BUSINESS A. Saleh Nagi requests site plan approval pursuant to Section 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 stepped forward along with the property owner Jack Zheng. Commissioner Wallinger stated that the landscaping plan submitted does not have any of the specific trees species listed that were going to be planted. Mr. Connelly reminded the applicant that it was previously discussed that three smaller flowering trees needed to be added to the front of the site. Mr. Connelly reiterated the point from previous meetings that all asphalt would need to be removed and greenspace would need to be added where proposed. Given the frontage along Broadway, City code required three trees. Mr. Connelly told the applicant that the green space needed to be properly maintained, and shrubs or other smaller plants could be added in the areas where there were no trees. Commissioner Wallinger said that more area would get to the greenspace if there was no curb around it. Mr. Zheng confirmed that the walkways connecting the storefront entrances to the sidewalk would be made of concrete as asphalt was not allowed. Mr. Zheng was told that the roof needed to be repaired and the windows that were broken to the right of the building needed to be fixed. This was in accordance with the decision that was made for the property in 2021. Mr. Zheng said the area behind the broken windows was a service area for the laundromat’s machines. Mr. Connelly said the windows still need to be fixed and while they could not completely cover them externally, a shade could be added on the interior to shield the utilities from view. Mr. Connelly read his staff comments to see if the Commissioners agreed with the time frames made for when the required work needed to be completed. November 1, 2024 was agreed upon to be the date by which all landscaping work must be completed as well as the date the sidewalk along 4th Street should be in place. The dumpster in the rear parking lot needed to be properly enclosed by October 11th. If the work was not completed by these dates then the Zoning Officer would have authority to issue citations and the site plan approval would be revoked. Mr. Connelly told the applicant that 1833 and 1829 Broadway would need to be consolidated into one parcel, which would go through the Department of Engineering. Commissioner Wallinger opened the public hearing, and then closed it as there were no comments. SEQR RESOLUTION Motion made by Commissioner Beach to issue the project a negative SEQR declaration. Seconded by Commissioner Engert. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Wilson to issue a conditional site plan approval with the following conditions and findings of fact. Seconded by Commissioner Engert. 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. All landscaping be properly completed as discussed by 11/1/2024. All asphalt will be removed from the front of the building. 4. 3 flowering trees will be added along the Broadway frontage. 5. Walkways to the building must be made as concrete, not asphalt. 6. Roof will be repaired. 7. 2 broken windows on right of building will be replaced. 8. Dumpster will be enclosed by 10/15/2024. 9. Sidewalk along 4th Street will be fixed by 11/1/2024.  10. Lots of 1833 and 1829 Broadway will be consolidated prior to the issuance of the Certificate of Use. Motion carried unanimously. B. Mahabar Soodkowrir requests site plan approval pursuant to Section 264-90(J) of a proposal to operate a car detailing shop and renovate the building at 854 Albany Street, tax parcel # 39.41-1-6.1, located in the C-2 Mixed-Use Commercial District. Mr. Dan Morelli came forward as the representative for the applicant to discuss the project. Mr. Morelli’s presentation discussed many of the items that were addressed the last time the property was before the Planning Commission, including detailed elevation drawings and a landscaping plan at the front of the property. Mr. Morelli said that customers would not be accessing the site. Cars would be dropped off at a separate location and taken by staff to this site where they would be cleaned and detailed. There would be no automotive repairs taking place on site. Commissioner Wallinger mentioned the importance of having a street tree in addition to the proposed landscaping given the width of the sidewalk and the tendency for people to park there. An Adirondack crab apple was recommended. Mr. Morelli told the Commission that trash on site would be minimal and there was no outdoor trash proposed. Mr. Connelly said that would be okay however it would need to be signed off on by the Commissioner of General Services. Commissioner Tearno noted the unique architecture of the building. Mr. Morelli said that no aspects of the current façade would be removed, and everything would be restored accordingly. Commissioner Wallinger said that anytime work was being performed inside the doors to the building needed to be shut in order to lessen the amount of noise pollution. Mr. Morelli assured Commissioner Wallinger that there was sufficient room in the parking lot to turn cars around so they were not backing out directly onto Albany Street. Commissioner Wallinger stated that a common problem with automobile related businesses was the amount of cars consistently on site. She stressed the importance that no cars should be on site if they are not in a proper parking space. Commissioner Wallinger opened the public hearing, and then closed it as there were no comments. SEQR RESOLUTION Motion made by Commissioner Engert to issue a negative SEQR declaration for the project. Seconded by Commissioner Tearno . Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Engert to issue site plan approval with the following conditions and findings of fact. Seconded by Commissioner Tearno . 1. The address will be prominently displayed so that it is easily visible from Albany Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. One small flowering street tree be added along Albany Street. Motion carried unanimously. VII. Miscellaneous Commissioner Nadler discussed conversations she has had with members of the public concerning Airbnbs and other similar short term rental businesses. Commissioner Nadler said that there were many rental units opening up in residential areas, and wanted to see some legislation moved forward in order to regulate them. Many of the Commissioners agreed that there should be more rules in place to govern short term rental units. Mr. Connelly asked the Commission to hold off on an official recommendation to the City Council until next month so official statistics and findings could be incorporated into the recommendation. Mr. Connelly and Mr. O’Brien would also look into how other cities regulated the uses and whether their language would be useful in Schenectady. ADJOURN Motion to adjourn made by Commissioner Engert , seconded by Commissioner Tearno . The meeting adjourned at 8:40pm.