Planning Commission

City of Schenectady NEW YORK CITY PLANNING COMMISSION Minutes November 20 , 2024 I. CALL TO ORDER Meeting called to order at 6:00 p.m. II. ATTENDANCE Present: Randall Beach; Michael Tearno; Colin Evers; Susan Nadler; Jason Bogdanowicz-Wilson; Hayden Engert; Sean O’Brien, Corporation Counsel; Christine Primiano, Principal Planner; Jack Connelly, Planner I Excused : Dharam Hitlall III. Conflict of Interest Check No conflicts of interest for this meeting. IV. Miscellaneous Commissioner Beach informed everyone that the meeting will start 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 Engert made a motion to approve the October 16th minutes with Commissioner Nadler seconding. The motion was carried unanimously. IV. OLD BUSINESS A. 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. Commissioner Beach started by stating that Commissioner Engert would be acting as Chair for this application to give Commissioner Engert practice running the meeting for any instance where Commissioner Beach may be absent or need to excuse himself. Mr. Steven Cimino came forward to remind the Commission that the project was tabled in September as the elevations provided did not match the consistency of the rest of the neighborhood. The rest of the site plan was viewed favorable by the Commission Commissioner Engert stated that the project already received the necessary use variance from the Zoning Board to allow the multi-family unit in the R-2 zone. The Commission agreed that the new elevations much more closely matched what they were looking for and thought it was a significant upgrade. Commissioner Engert opened the floor for public comment, and hearing none closed it. SITE PLAN RESOLUTION Motion made by Commissioner Tearno to issue site plan approval. Seconded by Commissioner Wilson . 1. The address will be prominently displayed so that it is easily visible from Congress 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 . V. NEW BUSINESS A. Jamiel Croft requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a banquet hall at 1617 Union Street, tax parcel # 50.31-1-19, located in the C-2 Mixed- Use Commercial District. Mr. Jamiel Croft came forward to discuss the project, stating that it would be an event space for people to rent out for private events such as birthday parties, graduation parties or social media photography. Mr. Croft told Commissioner Beach that no food or alcohol would be sold on site, and any food would need to be brought by the customers themselves. Mr. Croft said that the intent of the business was not to run as a night club, which he hoped would mitigate some concerns that were expressed by the Commissioners. Commissioner Nadler asked what the hours of operation would be. Mr. Croft responded saying that there would be 2 shifts that customers would be able to rent the site from. The first was 12-6 and the second was 6-12. Mr. Connelly noted that the dumpster was not currently closed and that it would need to be completed as noted on the site plan. Mr. Croft understood and said that he had already spoken to the property owner about doing so. Mr. Connelly confirmed that he had received a letter of agreement from the owners of 1019 Keyes to allow garbage pickup to occur through their property line, as there was no other way to properly empty the dumpster. Commissioner Beach asked about the sign, and was told that it had been reviewed by City Staff and would be in coordination with the Upper Union Street design guidelines, and would match the existing Hunan Wok signage which occupied the other half of the building. Commissioner Beach opened the floor for public comment, and hearing none closed it. Commissioner Nadler asked about occupancy limits for the building. Mr. Connelly stated that Mr. Croft would need to apply for a Public Assembly License which would set limits on the amount of people allowed in the building. A Certificate of Use was also needed for the business. SITE PLAN RESOLUTION Motion made by Commissioner Tearno 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 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. All signage would comply with the Upper Union Street design guidelines. 4. A Certificate of Use and Public Assembly License are required prior to the opening of the business. Motion carried unanimously. B. Tiffany Morrison-McPherson requests site plan approval pursuant to Section 264-90(I) of a proposal to construct a 30x40 foot building containing a first-floor restaurant and 2 apartment units located at 910 State Street, tax parcel # 49.33-5-29, located in the C-2 Mixed-Use Commercial 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 would discuss a majority of the comments but would defer to the property owners to speak on the comment regarding the pillars that have been put up at the front of the property. Mr. Morelli said access to the apartments would be from the rear of the building, separate from the restaurant entry and they exceeded the amount of parking as required by code. Mr. Morelli brought up 911 Albany Street, which is located behind the rear of the property. Although it is owned by the same owner there is no proposed use for the site and is not part of this application. As the staff comments noted there were no wires in the parking lot Mr. Morelli agreed to change the proposal for smaller flowering trees with larger Maple trees. The building lighting would consist of wall sconces with up and down lighting. On the sections of the building where the was a canopy there would be recessed lighting shining down. The property owner spoke about the pillars stating that they were constructed to hold a wrought iron fence that would later be constructed for the front of the building. Although the fence was not shown on the site plan it would go directly in front of the proposed arborvitaes. Commissioners Wison and Beach commented on the architectural design of the building and noted that the top cornice was not satisfactory. Commissioner Wilson recommended a more prominent sign band and some type of architectural cap at the top of the parapet. The owners said that there was not a tenant ready to move in, and they did not know exactly what type of restaurant would be in the building. Commissioner Tearno restated confusion over the pillars in front of the site and asked if the site plan was going to be updated. Mr. Morelli was unaware of their intentions to add the pillars or the front fence originally but stated he would submit an updated plan to City staff showing these features. Mr. Morelli confirmed that although the arborvitaes would need to be moved slightly back they would not encroach on the proposed walkway. Ms. Primiano thought the pillars looked quite close to the right-of-way and should be looked at by the City Engineer to ensure they are properly placed. Commissioner Beach opened the public hearing, and closed it as no members spoke. Motion carried unanimously. SITE PLAN RESOLUTION Motion made by Commissioner Nadler to grant site plan approval with the following conditions and findings of fact. The motion was seconded by Commissioner Engert . 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. A revised site plan and elevations would be submitted to the City Planner showing the discussed changes regarding the fence and architectural features. 4. Maple trees would be added in the parking lot as opposed to the smaller flowering trees. 5. A Certificate of Use and Public Assembly License are needed prior to the opening of the business. Motion to be carried unanimously. C. Tazeem Pooran requests site plan approval pursuant to Section 264-90(I) of a proposal to construct a 60x75 foot building to be leased as a restaurant or bakery located at 1452 and 1456 State Street, tax parcel #s 49.76-2-19.1 and 2, located in the C-2 Mixed-Use Commercial District. Mr. Dan Morelli remained up front as he was representing the applicants at 1452 and 1456 State Street as well. Mr. Morelli acknowledged that there were some issues with this application that he was trying to work through with the applicant including lacking the appropriate amount of parking. Mr. Morelli wanted to give an overview of the project but was not anticipating approvals. Mr. Morelli confirmed that there were two separate customer spaces each being 1,400 square feet. Mr. Morelli told Commissioner Beach that the building would be constructed in a way so that if one tenant wanted to occupy both halves of the building that could be done. Commissioner Beach asked if there was a possibility to turn the proposed building 90 degrees to open up more parking spaces in the rear of the property. Mr. Morelli did not think that would work because you cannot park in front of the building and there is the required buffer in the rear of the property. Ms. Primiano thought it could be beneficial for Mr. Morelli to take a more in depth look at Commissioner Beach’s suggestion. Commissioner Wilson noted that the one-story building did not match the character of that section of State Street. Commissioner Wilson recommended either making the building two stories or making it taller to appear as two stories. Commissioner Wilson also mentioned the side of the building along Henry Street was not very attractive. Ms. Primiano said that restaurants have more required parking than most other uses, and if the use was changed it could make things easier for the applicant. Mr. Morelli said he had discussed this with the applicant and while a business had not been officially decided under no circumstances did, they want to construct residential units. If the site plan did not change then the applicant would be able to appear before the BZA to ask for the parking variance. If changes were still to be made, then the project will need to reappear before the Planning Commission. Commissioner Beach opened the floor for a public hearing and closed it after hearing no comment. Commissioner Tearno asked if there could be any buffer to the property on the left. Although it is still in a commercial zone it is operating as a residential house. Ms. Primiano said it would be reasonable to ask for a fence or a guardrail to separate the properties. Commissioner Tearno thought some sort of low hedge would be appropriate. SITE PLAN RESOLUTION Motion made by Commissioner Enger to table the application. Seconded by Commissioner Evers. Motion carried unanimously. D. Mavis Diaram requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a restaurant and bar at 2526 Broadway, tax parcel # 48.67-1-1.1, located in the C-2 Mixed-Use Commercial District. Mr. Dan Morelli stayed up front to present his final application of the night. Mr. Morelli detailed that this would be a relocation of the Tropics bar that is currently located on South Brandywine Avenue. All canopies and awning that were on the current Tropics would be replicated at this location. In accordance with the staff comments, Mr. Morelli extended the landscaping buffer to the entirety of the rear in front of the abutting residential zone. There were 3 pole lights in the parking lot that would be reused and shielded to not shine on the property next door. The lot would be repaved and restriped to meet the proper parking requirements. The drive-thru would be closed in to act as a storage room and the curb cut in front would be removed. The area between the drive-thru pillars would be filled with a wood framed structure and brick to match the existing building. The dumpster would be moved back to be code compliant with the rear setback and a tree would be added in the newly formed space to the rear of the property. The awning would be roughly 33 feet long and would be put on the building along the Vischer Avenue frontage. The signage would be similar to the prior businesses for that building, saying both Tropics Bar & Restaurant as well as listing the address. The property owner mentioned the graffiti that was put on the back of the electronic message board would be removed. Mr. Connelly said the Special Use Permit for the electronic message board was still valid, and all previous conditions of approval were as well. Commissioner Wilson said the main area of concern was the outdoor seating area and how that would affect the adjacent residential area. The property owner said that the intent of this new location was to be more upscale and less noisy, and did not foresee issues with the outdoor area. Mr. Connelly said the outdoor area was at least 70 feet away from the nearest house and with a thick row of arborvitaes did not see it as an issue. The Commission and the applicant agreed that operations on the outdoor patio would not continue past 9pm. Commissioner Beach opened the floor to public comment, which was closed after no one spoke up. SITE PLAN RESOLUTION Motion made by Commissioner Tearno 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 Broadway.  2. Metal roll gates and iron bars will not be installed on any doors or windows at any time in the future. 3. Updated site plans, elevations and awning specifics will be sent to the City Planner. 4. Outdoor patio would cease operating at 9pm. Motion carried unanimously. E. Kenneth Mastache requests site plan approval pursuant to Section 264-90(M) of a proposal to operate a bakery at 1872 State Street, tax parcel # 60.47-1-10.111, located in the C-5 Business District. Mr. Pablo Alers came forward along with Kenneth Mastache to discuss the project. Mr. Alers addressed the staff comment regarding the sign out front. Mr. Connelly said there were three issues with the sign: it was located in the right-of-way, did not comply with the proper setback restrictions and was advertising a business other than the one on site. Mr. Connelly said the applicant could remove the sign or if it was deemed important to keep the applicant would have to receive both a revocable permit and an area variance from the Zoning Board. Mr. Alers said that they were prepared to remove the sign and replace with signage on the building. The new signage would be sent to the City Planner when completed. Arborvitae were placed in the right-of-way although did not look like they were planted in a way that they would thrive. The Commission agreed that having street trees would be optimal, but were not sure that this site would be the best place for them. Mr. Connelly said that he would talk with the City Engineer to see how he felt about having trees on that part of sidewalk. Mr. Alers said that he could move the arborvitae to other areas of the property where they could better grow. Mr. Connelly brought up the point that access to the parking lot was only possible through the neighboring property. Mr. Alers had already spoken to the property owner who owned both lots and had an agreement in place. It would be sent to Mr. Connelly as early as the next morning. SITE PLAN APPROVAL Motion made by Commissioner Wilson 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 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. Parking agreement would be sent to the City Planner as soon as possible. VII. Miscellaneous Mr. Connelly told the Commission that the City Council had recently passed a moratorium restricting the acceptance of applications regarding cannabis dispensaries. He informed the Commission that there would be no discussion on the matter tonight, but that everyone should come prepared with thoughts and comments for the December meeting to have an official discussion and make a recommendation to the City Council on how dispensaries should be regulated in the new legislation. ADJOURN Motion to adjourn made by Commissioner Engert , seconded by Commissioner Wilson . The meeting adjourned at 7:42pm.