Planning Commission

Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor steven.strichman@troyny.gov Planning Commission 433 River St., Ste. 5001 Troy, New York 12180 MEETING MINUTES (DRAFT) The Planning Commission of the City of Troy, New York, conducted a public meeting at 6:00 P.M. on Wednesday, November 17th, 2021, on the 5th Floor of 433 River Street, to act upon the following requests, referred by the Bureau of Code Enforcement of the City of Troy, for review and approval. 6:04 pm – Meeting called to order Commissioners in Attendance Barbara Higbee (BH), Anthony Mohen (AM), Suzanne Spellen (SS), Roddy Yagan (RY) Commissioners Absent Sara Wengert (SW) Also in Attendance Andy Brick (Counsel), Aaron Vera (Executive Secretary), Dash Chrisner (Planning Technician) Administrative Items Adoption of Meeting Minutes from October 20th by Resolution • RY motioned to approve Meeting Minutes from October 20th. SS seconded: Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion to approve Meeting Minutes from October 20th passed 4-0. Consent PLPC 2021 0059 – 275 River Street (101.45-5-8) [B-4: Central Commercial] Change of Use - SEQR (Type II) The applicant, Pint Sized Three LLC, is proposing to open a craft beer bar with art and live music event space. PLPC 2021 0060 – 2412 Fifteenth Street (101.32-2-19) [HCD: Hoosick Street Commerce District] Change of Use - SEQR (Type II) The applicant, Lydia Romero, proposes to occupy a vacant spa space with a new spa business. The applicant is represented by Barb Nelson, R.A., of TAP Inc. PLPC 2021 0062 – 2801 Fifth Avenue (90.70-9-4) [B-5: Highway Commercial] Change of Use - SEQR (Type II) The applicant, Whalen Tents Inc., is proposing a cold warehouse in a former church gathering space. Written by Dash Chrisner, On Behalf of the Executive Secretary Additional information regarding the above listed actions is available by contacting the Planning Commission’s Executive Secretary at aaron.vera@troyny.gov. As required by the Americans with Disabilities Act, auxiliary aids and services are available upon request. Please give one-week advance notice for services needed. Page 1 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • Request for public comment. No public comment. • SS motioned to approve Consent Agenda. BH seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion to approve Consent Agenda passed 4-0. New Business PLPC 2021 0057 – 3367 Sixth Avenue (90.54-2-2) [R-4: Urban Neighborhood Res, Med- to High- Density] Change of Use - SEQR (Type II) The applicant, Hamza Almukhtar, is proposing to open a smoke shop in a former cell phone retail space. • Moved from Consent to New Business. • Representative presentation from Liza Rodriguez, R.A., of TAP Inc. • Commissioner comments and questions to applicant. • Request for public comment. Public comment generally in opposition. 1. Name: Frank Mavin Address: 250 Ninth Street  Lisa’s House establishment formerly occupied this space.  A smoke shop will not enhance or provide necessary services to this community. 2. Name: Curt McCaulley Address: 15 111th Street  A community space for youth and underprivileged community members would be significantly more valuable in this location. 3. Name: Mike Cusack Address: 30 Second Avenue  Community in this area is on the upswing. A smoke shop will only be an obstacle. 4. Name: Tina Urzan Address: 3300 Sixth Avenue  Steve Pierce from Freedom Square also opposes this proposal until more information is gathered. Councilperson McPherson expressed concern that, if approved, this space would later “morph into a marijuana ‘dispenserary’.”  Concerned about operating hours, age restriction enforcement, advertisements on the windows, and theft due to the vulnerability of the large glass windows. 5. Name: Messiah James Cooper Address: 24 Grace Court  A smoke shop next to Freedom Square is a danger to the children in the community. • Commissioner deliberation. • Applicant response. • BH motioned to table proposal to the December 15th meeting. AM seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for proposal to be tabled to the December 15th meeting passed 4-0. PLPC 2021 0058 – 309 Third Avenue/6 107th Street (90.23-4-2) [R-2: Two-Family Residential] Change of Use - SEQR (Type II) The applicant, Ofelia Zaragoza, is proposing to open a banquet hall for special events with security. • Moved from Consent to New Business. Page 2 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. Public comment generally in opposition. 1. Name: Tina Urzan Address: 3300 Sixth Avenue  Representing District 2 Neighborhood Association.  Requests further clarification on the intended use of this facility. 2. Name: Anna Demi Address: 317 Third Avenue (mother)  Speaking on behalf of mother, Gail Ruffer.  Summer events have been extremely disruptive. Uncontrolled parties on the street. 3. Name: Rick Pallozzi Address: owns 3 properties on 106th Street  Garbage and noise is not welcomed in this residential zone. 4. Name: June Kearney Address: 329 Third Avenue  Shares some concerns as above. Garbage is often found along the street following events. 5. Name: Jamal Muhammed Address: unknown  In favor of proposal due to added safety measures. Claims events have been controlled. • Commissioner deliberation. • Applicant response. • No action taken. PLPC 2021 0061 – 40 Fourth Street/403 Fulton Street (101.45-7-1) [B-4: Central Commercial] Change of Use - SEQR (Type II) The applicant, Clermont & Fourth LLC, is proposing to open a deli with retail in a former nail salon. The applicant is represented by Barb Nelson of TAP Inc. • Moved from Consent to New Business. • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. Public comment generally in opposition. 1. Name: James Kehoe Address: 42 4th Street  Owner of Whiskey Pickle bar nearby. Excited when first heard about this deli.  Rumors received that this proposal is more like a bodega have been disappointing. • Commissioner deliberation. • Applicant response. • BH motioned to table proposal to the December 15th meeting. RY seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for proposal to be tabled to the December 15th meeting passed 4-0. PLPC 2021 0063 – 58-62 King Street (101.38-9-17) [B-4: Central Commercial] Change of Use - SEQR (Type II) The applicant, Melanie Tuttman, is proposing a deli in a former audio equipment retail space. • Moved from Consent to New Business. • Applicant presentation. • Commissioner comments and questions to applicant. Page 3 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • Request for public comment. Public comment generally in favor. 1. Name: Matthew Klein Address: Co-owner of Sound House Records, 52 King Street  Very excited to see another business come to King Street.  Concerned about parking along the street and garbage collection. • Commissioner deliberation. • Applicant response. • BH motioned to approve this Change of Use with the following conditions below. SS seconded. 1. Commercial garbage plan must be provided for approval by the City Engineer. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for conditional Change of Use approval passed 4-0. PLPC 2021 0064 – 2245 Old Sixth Avenue (101.38-3-20) [R-4: Urban Neighborhood Res, Med- to High- Density] Site Plan Review and SEQR Determination (Unlisted) The applicant, Gema Ody, is proposing to convert a former community center into a 14-unit multi-family residential building. The project also includes landscaping improvements to green space for tenant use. • Representative presentation from Nicholas Costa, PE. • Commissioner comments and questions to applicant. • Request for public comment. Public comment tied for those in opposition and in favor. 1. Name: Messiah James Cooper Address: 24 Grace Court  Claims this building was hijacked. Remaining as a community center is preferred. 2. Name: Brian Address: Owns a building in the area  Very much in favor of investment on Old Sixth Avenue. • Commissioner deliberation. • Applicant response. • SS motioned for a Negative Declaration (SEQR). AM seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 4-0. • RY motioned to approve this site plan with the following conditions below. SS seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for site plan approval passed 4-0. Page 4 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 PLPC 2021 0067 – 26 New Turnpike Road (70.81-2-17) [B-3: Shopping Center Commercial] Site Plan Review and SEQR Determination (Unlisted) The applicant, National Grid, is proposing to refurbish and expand the existing Corliss Park Electric Substation which involves rebuilding a portion of the existing substation assets and a station expansion to accommodate the inclusion of new assets. The project also includes an expansion of the fence line, placement of new foundations, a new driveway, and the refurbishment of an existing walking trail on the property. • Representative presentation from Andrew Leia and Jacob Kimball. • Commissioner comments and questions to applicant. • Request for public comment. Public comments generally neutral. 1. Name: Joe Johnson Address: 28 Haughney Road  Doesn’t believe a fully stone driveway is ideal. May bleed into the road over time.  Also concerned about light trespass to nearby homes. • Commissioner deliberation. • Applicant response. • RY motioned for a Negative Declaration (SEQR). AM seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 4-0. • RY motioned to approve this Site Plan application with the following conditions below. SS seconded. 1. Photometric plans to be provided for approval by the City Engineer. 2. Landscaping improvements, including visual screening, to be implemented. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for Site Plan approval passed 4-0. PLPC 2021 0068 – 2368 Fifth Avenue (101.30-8-42) [HWD: Hoosick Street Waterfront District] Site Plan Review and SEQR Determination (Unlisted) The applicant, Commission on Economic Opportunity, is proposing to construct a new two-story daycare facility fronting Fifth Avenue, an outdoor play area, and associated parking. This building will be an addition to an existing CEO building located on the adjacent southern parcel. The applicant is represented by Dennis Rigosu, R.A., of Syvertsen Rigosu Architects, PLLC. • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. No public comment. • Commissioner deliberation. • Applicant response. Page 5 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • BH motioned for a Negative Declaration (SEQR). RY seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 4-0. • RY motioned to approve this Site Plan application. SS seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for conditional approval passed 4-0. Old Business PLPC 2021 0003 – 576 Fifth Avenue (80.86-6-12) [R-4: Urban Neighborhood Res, Med- to High- Density] Site Plan Amendment and SEQR Determination (Unlisted) The applicant, Larry Tune of AW Lakia Holding LLC, is proposing to convert a 3-story existing masonry school building into a 24-unit market-rate multi-family building. No dedicated parking area is proposed for this project. The applicant is represented by Liza Rodriguez, R.A., of TAP Inc. • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. No public comment. • Commissioner deliberation. • Applicant response. • RY motioned for a Negative Declaration (SEQR). BH seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 4-0. • SS motioned to approve this Site Plan application. RY seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for conditional approval passed 4-0. Page 6 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 PLPC 2021 0014 – King’s Landing II - Federal Street and Fifth Avenue (101.38-9-7, 101.38-9-9, 101.38-9-10, 101.46-1-1, 101.46-1-2.1, and 101.46-1-3) [B-4: Central Commercial] Site Plan Review and SEQR Determination (Type I) BDC Holdings Inc. proposes to construct a new building with seven (7) levels on Federal Street and three-and-a-half (3½) levels on Fifth Avenue. The lower two (2) levels will be used for parking, retail, and office space. The upper five (5) levels will be occupied by sixty-two (62) apartment units. Cosmo Marfione, PE, Managing Partner at BDC Holdings Inc., will be speaking on behalf of the proposal. • Applicant requested for project to be tabled to the December 15th meeting. • AM motioned to table proposal to the December 15th meeting. SS seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for proposal to be tabled to the December 15th meeting passed 3-0. PLPC 2021 0034 – The Bargain Block - 545, 549 and 558 River Street (101.22-9-1, 101.22-5-7 THRU 8, and 101.22-10-1 THRU 2) [HWD: Hoosick Street Waterfront District] Concept Review, Site Plan Review, and SEQR Determination (Type I) The applicant, First Columbia LLC, proposes to construct a rock climbing gym on the south end of the Flanigan Square building, a 123-unit senior housing facility at 549 River Street, and a loading dock and entrance to the existing building at 558 River Street. Chris Bette, P.E., Vice President of First Columbia LLC, will be speaking on behalf of the proposal. • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. Public comments generally in opposition. 1. Name: Marissa Peck Address: Capital Roots staff  Concerned about some logistics, including delivery and traffic flow. 2. Name: Amy Klein Address: CEO of Capital Roots  Concerned about traffic on Vanderheyden Street. Claims past issues are left unresolved. 3. Name: Ronnye Shamam Address: Business neighbor on River Street  Impressed by Bargain Grocery in Utica. In favor of proposal in Troy. 4. Name: Barb Nelson Address: R.A. of TAP Inc.  Thoroughly support the concept. Requested walkability and landscaping improvements. 5. Name: Liza Rodriguez Address: R.A. of TAP Inc.  Concerned about the height of the housing facility in comparison to Flanigan Square. • Commissioner deliberation. • Applicant response. • RY motioned for a Negative Declaration (SEQR). AM seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 4-0. Page 7 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • RY motioned to approve this site plan with the following conditions below. SS seconded. 1. Completion of final technical review. 2. Approval of final exterior architectural materials by City Staff and the City Engineer. 3. Inclusion of pedestrian safety improvements near loading dock on Vanderheyden Street. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for conditional approval passed 4-0. PLPC 2020 0073 – Taylor Apartments Building 1 – 125 River Street (100.68-1-1.1) [R-5: High-Rise Residential, High-Density] Site Plan Amendment and SEQR Determination (Type I) The applicant, Taylor I LLC, proposes to demolish both apartment buildings, Taylor 1 and 2, and construct a new 7- story, 153,375 sq. ft. mixed-use, mixed-income building in place of Taylor 1. Architectural plans support 140 residential units, ranging from one-bedroom to three-bedroom apartments. All of these apartments are replacement affordable housing units reserved for current residents of the Taylor 3 and 4 apartment buildings. • Applicant presentation. • Commissioner comments and questions to applicant. • Request for public comment. Public comment generally in opposition. 1. Name: Sandra Rouse Address: 159 First Street  Concerned with the building height, density, and traffic increase around Sage.  Invites Taylor Development Team on a walk around the project area. 2. Name: Karla Guererri Address: 64 Washington Street  Echoes Sandra’s comments, particularly issues related to density and parking. 3. Name: Russ Brooks Address: Owner of 155 River Street  Concerned with the massing of the proposal as it conflicts with adjacent properties. 4. Name: Barb Nelson Address: R.A. of TAP Inc. Works at 210 River Street.  Echoes previously stated concerns about density and building height.  Requests explanation as to why other sites were not considered since there’s a lot of land.  Claims eastern façade requires additional attention and appears like a penitentiary. 5. Name: Sandy Daigler Address: 128 First Street  Echoes Sandra’s comments. Provided written comments prior to meeting. 6. Name: Nathalie Gibeau Address: 249 Second Street  Echoes similar concerns as previously stated.  Doesn’t feel like the whole Taylor campus is being designed holistically. 7. Name: Sue Steele Address: Chair of THA  Believes the current relocation plan for tenants is the smoothest option.  Parking should not be an issue of concern for the planning of this proposal.  Announced Troy Housing Authority Board of Commissioners approved the Section 18 blend for Taylor 1 and 2. 8. Name: Heidi Knoblauch Address: unknown  Echoes Sue. This is a great moment for Troy and a great partner in affordable housing.  Troy is really good at attracting private partners but terrible at working with them. 9. Name: Ronnye Shamam Address: Business neighbor on River Street  Echoes Heidi’s comments and Barb’s concerns.  Encourages a push for attractive development so that more may follow. 10. Name: Liza Rodriguez Address: R.A. of TAP Inc. and board member of THA  Believes tenants deserve better than what is being offered.  Requests that more locations should be explored. • Commissioner deliberation. • Applicant response. Page 8 of 9 City of Troy Meeting Minutes (DRAFT) Planning Commission 17 November 2021 • Commissioner Yagan requested a phasing plan. • RY motioned to amend and maintain prior Negative Declaration (SEQR). SS seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for a Negative Declaration (SEQR) passed 3-0. • RY motioned to table proposal to the December 15th meeting unless otherwise noticed. SS seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X • Motion for proposal to be tabled to the December 15th meeting passed 3-0. RY motioned to adjourn at 10:26 PM. BH seconded. Absent Yes No Abstain Recused Roddy Yagan X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X Motion to adjourn meeting at 10:26 PM passed 3-0. Page 9 of 9