Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes October 16 , 2024 I. CALL TO ORDER Meeting called to order at 6:02 p.m. II. ATTENDANCE Present: Randall Beach; Michael Tearno; Colin Evers; Susan Nadler; Dharam Hitlall; Hayden Engert; Sean O’Brien, Corporation Counsel; Christine Primiano, Principal Planner; Jack Connelly, Planner I Excused : Jason Bodgdanowicz-Wilson III. Conflict of Interest Check No conflicts of interest for this meeting. IV. Miscellaneous Mr. O’Brien informed the Commission and public that Mary Moore Wallinger and Bradley Lewis were no longer acting members of the Planning Commission, which resulted in the meeting commencing without either a Chair or a Vice Chair. Commissioner Nadler made a motion to nominate Commissioner Beach as Chair and Commissioner Engert as Vice Chair. The motion was seconded by Commissioner Hitlall. Motion carried unanimously. Commissioner Beach took over the role as Chair and started by thanking the former Commissioners Wallinger and Lewis for their years of service and dedication to the City of Schenectady and the Planning Commission. Commissioner Beach informed everyone that the meeting will start with the consent agenda and started with the roll call of all the Commissioners that were present, as stated above. Commissioner Beach 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 Beach told the Commission that there was a last minute change to the agenda. Agenda item D for 502 Westinghouse Place was removed as the required municipality notice form was not received by the City Clerk until the day of the meeting. The municipality is granted 30 days for the Mayor and the City Council to comment on new dispensaries, and therefore the project would need to wait until those 30 days were up before proceeding with a vote. Commissioner Nadler made a motion to approve the September 18th minutes with Commissioner Engert seconding. The motion was carried unanimously. IV. CONSENT AGENDA  A. 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. Steve Cimino came forward on behalf of Ms. Lasher and detailed the more specific changes to the façade of the building, which were missing from the previous meeting. Mr. Connelly further told the Commission that the current window configuration was inconsistent in size, and those windows would be boarded with brick and new windows would be put in that were more symmetrical and aesthetic. B. Good Clean Money LLC requests an extension on site plan approval granted in November of 2023 for the construction of a 37-unit apartment building and parking lot at 1731-1733 Van Vranken Avenue, tax parcel #s 39.43-2-44 through 47 and 39.43-3-10, located in the C-2 Mixed- Use Commercial District. Mr. Brendan Nally stated that the project had not changed since the previous approval. Due to interest rate increases construction was not able to begin in 2024, but he anticipated breaking ground in early 2025 pending the approval at this meeting. C. 450 Duane Street LLC requests site plan approval pursuant to Section 264-90(H) of a proposal to operate a self-storage facility at 450 Duane Avenue, tax parcel # 49.58-2-13, located in the C-5 Business District. Mr. Nick Daniels of Hershberg and Hershberg was present on behalf of the applicant. Mr. Daniels was prepared to meet all staff comments. Mr. Beach mentioned the excessive asphalt in the large parking lot and requested more interior landscaping as was present in the last application for this site, which was approved earlier in the year. Mr. Daniels stated that he would work with City staff to fix this. D. Latch Properties LLC requests subdivision approval pursuant to Chapter 230-2(A) of a proposal to split 1513 Broadway, tax parcel # 49.37-1-16, into 2 parcels. The property is located in the C-2 Mixed-Use Commercial District. Mr. Josh Hawley came forward to represent the property owner, and said the property needed to be subdivided because there was a single family house and a commercial property on the same site which. The owner planned to sell the house and have a future business occupy the commercial property. Ms. Primiano stated that as the commercial building was brick and mortar, it would not need an area variance for the side setback requirements, but the house would need approval from the BZA before the subdivision approval was fully granted. Commissioner Beach opened the public hearing for all consent agenda items, and hearing none closed the hearing portion. SEQR RESOLUTION Motion made by Commissioner Engert to issue a negative SEQR declaration for consent agenda items C and D. Seconded by Commissioner Tearno. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Hitlall to issue site plan approval for consent agenda items A, B and C. Seconded by Commissioner Engert. Motion carried unanimously. SUBDIVISION RESOLUTION Motion made by Commissioner Evers to issue subdivision approval for 1513 Broadway. Seconded by Commissioner Engert. Motion carried unanimously. V. NEW BUSINESS A. Civco Realty Corp requests site plan approval pursuant to Section 264-90(L) of a proposal to renovate the façade of the storefront at 265 State Street, tax parcel # 39.71-2-16, located in the C-4 Downtown Mixed-Use District. Mr. Mike Roman of C2 Architecture discussed the project with the Commission, stating that the project was solely looking for approval to renovate the exterior, and would come back for approval for the business. Mr. Roman stated that the windows and doors would be replaced as proposed and the portions of the façade that would not be removed would be properly cleaned. Commissioner Beach noted the staff comment regarding the graffiti at the rear of the building. Mr. Roman responded saying that the applicant was aware of the graffiti, and it would likely be taken care of after the full site plan was approved. Mr. Roman anticipated the project would return for full site plan approval in December or early 2025. Commissioner Beach brought up the fact that the address on the application was 267 State Street, while the staff comments said it was 265 State. Mr. Connelly told the applicant that all City and County databases had the building as 265, and Mr. Roman said that they would be able to fix this so everything was consistent. Mr. Roman confirmed for Ms. Primiano that the façade lighting was also to be changed as a result of this approval. Commissioner Beach opened the public hearing for the project. Scott Cietek of Metroplex came forward and spoke in support of the project. Hearing no further comments, the public hearing was closed. SITE PLAN RESOLUTION Motion made by Commissioner Hitlall to approve the request for façade improvements. 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. Motion carried unanimously . B. Bobby Carbonell requests site plan approval pursuant to Section 264-90(G) of a proposal to operate a research and development facility located at 2205 Technology Drive, tax parcel # 30.68-1-23.1, located in the M-1 Light Manufacturing and Warehousing District. Mr. Bobby Carbonell of AirJoule came forward to discuss the proposal for 2205 Technology Drive. Mr. Carbonell told the Commission briefly about AirJoule and stated that there would be no exterior changes to the site. Commissioner Beach asked about the large parking lot to the left of the site where there were currently trailers parked. Scott Cietek told the Commission that the previous tenant left the site on 30 day’s notice to make way for AirJoule but did not have anywhere to store their trailers. Mr. Cietek said the plan was to have all trailers removed from the site by the end of May next year at the latest. Mr. Connelly agreed that it was reasonable for the trailers to remain for the time being given the circumstances but reminded Mr. Cietek that the gravel lot existing was not in coordination with the Riverside Park design guidelines. Mr. Cietek said that once the trailers were removed the property owner would explore options for that lot including paving the lot, filling it in with greenspace or potentially adding new development. Mr. Carbonell confirmed that the lot in question was not part of their lease with the property owner. Ms. Primiano suggested that within 3 months of the trailers being removed the property owner either fills in the lot with grass or returns to the Planning Commission with a plan for the area. Commissioner Beach opened the public hearing portion for the project. Hearing no comments Commissioner Beach closed the hearing. SEQR RESOLUTION Motion made by Commissioner Evers to issue a negative SEQR declaration for the project. Seconded by Commissioner Nadler. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Hitlall to approve the proposal with the following conditions and findings of fact. Seconded by Commissioner Evers: 1. The address will be prominently displayed so that it is easily visible from Technology Drive. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. All trailers will be removed from the property by the end of May 2025. The parking lot to the left of the site shall comply with regulations set forward in the Riverside Industrial Park Design Guidelines. 4. Any future development for the left parking lot will come before the Planning Commission. Motion carried unanimously. C. Abdulgalil Murshed requests site plan approval pursuant to Section 264-90(J) 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 came forward on behalf of the applicant and stated that he both received the staff comments and was prepared to meet them. Mr. Morelli talked about the extensive greenspace that was to be added in the site in the front of the building, on the side along Van Zandt Street, and at the edge of the parking lot to delineate the lot from the neighboring property. Among the staff comments discussed was the necessity to consolidate multiple lots. The owner of 1800 State also owns 1806 State and an unaddressed property in the rear with frontage on Van Zandt. In order to accommodate the parking for 1800, a portion of the Van Zandt property would be combined with 1800 and the remainder would be combined with 1806. Commissioner Beach mentioned the excessive amounts of vehicles currently being stored on site. Mr. Morelli said that the vehicles would be moved to the next door property where they belong. Commissioner Beach said while some aspects of this site plan approval would take time and permits, the removal of the vehicles would not and should be completed within 30 days. Commissioner Nadler asked what was stopping vehicles from returning to the property after site plan approval was given. Mr. Morelli told her that the green space in the front yard and the row of arborvitaes in the parking lot would prohibit vehicles from making their way on site unless they were properly parked in the designated parking spaces. In accordance with the staff comments, Commissioner Beach said the applicant must return to the Planning Commission no later than the July 2025 meeting to show all features of the site plan had been followed through on. If the applicant finished everything before July they were encouraged to come before the Commission sooner. Commissioner Beach opened the public hearing, which was shortly closed as no comments were heard. SEQR RESOLUTION Motion made by Commissioner Evers to issue a negative SEQR declaration for the project. Seconded by Commissioner Engert. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Hitlall to grant site plan approval. The motion was seconded by Commissioner Tearno . 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. The applicant must return to the Planning Commission by July 2025 at the latest to detail the changes made to the property, in accordance with the submitted site plan. 4. All vehicles must be removed from the site within 30 days. Motion to be carried unanimously. D. Michael Garry requests site plan approval pursuant to Section 264-90(M) and a Special Use Permit pursuant to Chapter 264 Schedule B of a proposal to operate a towing business at 401 Lang Street, tax parcel # 39.42-1-17, located in the M-1 Light Manufacturing and Warehousing District. Mr. Dave Kimmer of ABD Engineering approached the Commission to discuss the project with Michael Garry. Mr. Kimmer addressed the staff comments, starting with the request that the existing chain link fence be modified to shield the property from view and that the barbed wire be removed. Mr. Connelly told Mr. Kimmer that barbed wire was not allowed by code, but if the applicant felt it was necessary to keep the wire they could apply to the Board of Zoning Appeals for a variance. Ms. Primiano stated that as this was an industrial use adjacent to residential properties the fence needed to not be see through. This could be achieved by placing vinyl slats through the existing fence. Mr. Connelly elaborated on the staff comment requesting paving to be done at the front of the property stating that the intent was to keep gravel and debris away from Lang Street. Mr. Kimmer said the cost of asphalt for the proposed section was significant, and requested a phased approach to paving. Mr. Connelly agreed that was reasonable but said the first section to be paved must be the entrance way to Lang Street. The Commission agreed that the first phase of paving must be completed by June 1st 2025 with the remaining areas being paved by June 1st 2026. Mr. Kimmer informed the Commission that there would be no wrecked cars stored on site. If a wrecked car were to be brought to the site it would only be temporary before being moved to a scrap yard. Mr. Kimmer referred to the Engineering comment asking about stormwater, and told the Commission that the property was significantly sloped towards the southwest corner of the property, away from the residential properties on Foster Avenue. The applicant would coordinate with the Engineering Department to provide documentation of such. Spil kits would be used to mitigate petroleum hazards on site. Commissioner Beach noted that although parking spaces were delineated on the site plan that would be impossible to make in actuality as the cars would be parked on gravel which could not be striped. Commissioner Beach said that as there were 52 spaces proposed on the plan the maximum amount of cars to be stored on site would be 52 and they would be arranged in accordance with the submitted plan. Commissioner Beach opened the public hearing. Mr. Ronald Adrian stepped forward to say that he owned property bordering the site, and initially had concerns which were relieved by the applicant during the meeting. No further comments were heard, and Commissioner Beach closed the public hearing. SEQR RESOLUTION Motion made by Commissioner Nadler to issue a negative SEQR declaration for the project. Seconded by Commissioner Evers. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Hitlall to issue site plan approval with the following conditions. Seconded by Commissioner Tearno: 1. The address will be prominently displayed so that it is easily visible from Lang Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future.  3. Barbed wire would be removed from the fence, unless a variance was received from the Board of Zoning Appeals. 4. The fence would be modified to prohibit visibility of the site from the street. 5. The front driveway would be paved by 6/1/2025. The remainder of the proposed paving would be completed by 6/1/2026. 6. No more than 52 vehicles could be stored on site at once and must be arranged in coordination with the proposed parking setup. Motion carried unanimously. SPECIAL USE PERMIT RESOLUTION Motion made by Commissioner Nadler to issue a Special Use Permit for the project with the following findings of fact. Seconded by Commissioner Tearno: 1. The proposed use shall not substantially impact the nature and character of the surrounding neighborhood. Although the property is adjacent to residentially zoned areas, there is significant buffering and the site itself is industrial. 2. The proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare. 3. Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights. 4. The proposed use shall 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. 5. The proposed use will not result in the destruction, loss or damage of any natural, scenic, architectural or historic features of significant importance. 6. The proposed use complies with all additional requirements imposed on it by the provisions of this chapter. Motion carried unanimously. E. Jeff Cardone requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a hair salon at 9 Yates Street, tax parcel # 39.64-3-17, located in the C-4 Downtown Mixed-Use District. Mr. Jeff Cardone came forward to discuss the plans for both 9 Yates Street, and the adjacent lot 7 Yates Street. 9 Yates is the building in which the salon would be located while 7 is a vacant parcel the applicant planned to develop into an outdoor patio for another future tenant. Mr. Cardone said that there was no future tenant lined up, however the plan was to have one additional commercial space on the first floor next to the salon. There were no current plans for the upper floor of the building. In coordination with the staff comments, 7 and 9 Yates would be consolidated into one lot. Parking was deemed to not be an issue as the property was directly across the street from a large municipal lot on Liberty Street. Commissioner Beach asked about the possibility of retaining the current windows on the site. Mr. Cardone said the plan was to replace them with glass, overhead garage doors. Ms. Primiano stated that those were allowed by code but under no circumstances could vinyl be used for that purpose. Commissioner Beach noted that while there was not sufficient room for a street tree, the applicant should add one flower planter on each side of the entrance door. The applicant was happy to do so as improving the aesthetics of the site would help bring in foot traffic which was lacking at their previous location. Ms. Primiano said while the sidewalk on Bradley Alley was not an official sidewalk and did not need to be made as such, it should be well kept to avoid the overgrowth of weeds which had been noted in the past. Commissioner Beach opened the public hearing. Scott Cietek said on behalf of Metroplex that he supported the project and the reuse of a unique building. The public hearing was closed afterwards. 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 Yates Street. 2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Flowered planters would be added to each side of the entrance door at the corner of Yates and Bradley. 4. Final signage would be approved by the City Planner. 5. 7 and 9 Yates Street would be consolidated prior to the issuance of building permits. 6. Sidewalk along Bradley Alley would remain well kept. Motion carried unanimously. VII. Miscellaneous Commissioner Nadler asked Mr. O’Brien about the impending moratorium legislation regarding cannabis dispensaries. Mr. O’Brien said that the public hearing was called for by the City Council, and that the moratorium would be voted on afterwards. ADJOURN Motion to adjourn made by Commissioner Hitlall , seconded by Commissioner Engert . The meeting adjourned at 7:51pm.