City of Schenectady Planning Commission Meeting Minutes July 19, 2017

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1 City of Schenectady Planning Commission Meeting Minutes July 19, 2017 I. CALL TO ORDER Commissioner Wallinger called the meeting to order at 6:40 p.m. II. III. IV. ATTENDANCE PRESENT: Mary Moore Wallinger, Chair; Bradley Lewis, Vice Chair; Ryan P. Bailey; Randall Beach; Kristin Diotte; Julia Stone; Christine Primiano, Principal Planner EXCUSED: Andrew Healey; Jason Bogdanowicz-Wilson; Rachael Ward, Deputy Corporation Counsel CONFLICT OF INTEREST CHECK None. APPROVAL OF MEETING MINUTES Motion by Commissioner Stone, seconded by Commissioner Beach, to accept the Minutes of the June 21, 2017 meeting as submitted. V. NEW BUSINESS CONSENT AGENDA A. FORTITECH INC. requests site plan approval pursuant to Section I of a proposal to construct a 2,400-square foot addition to the existing facility at 2105 Technology Drive, tax parcel # , located in an M-1 Light Manufacturing and Warehouse District. Jeff Mercure of Rozell Industries, Project Manager for the addition, appeared before the Commission. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Lewis, to accept the Negative Declaration. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Stone, to accept the proposal with the following conditions:

2 1. The address will be remain prominently displayed so that it is easily visible from Technology Drive. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. Parking on the grass along Technology Drive is not permitted as a permanent use and should only occur when absolutely necessary during construction. 4. Any trees removed as a result of this proposal must be replaced elsewhere on the site prior to the issuance of a Final Certificate of Occupancy. 5. The applicant must obtain all necessary building permits prior to starting construction. VI. NEW BUSINESS A. YEVGENOY SANDUL requests site plan approval pursuant to Section M of a proposal to operate a material recovery transfer center at 500 Sterling Avenue, tax parcel # , located in an M-1 Light Manufacturing and Warehouse District. Yevgenoy Sandul and Steve Cronin of Cronin Real Estate presented the proposal. Mr. Cronin explained that Mr. Sandul s business is to break down used catalytic converters and send the parts out for recycling. He stated that Mr. Sandul plans to purchase the building, and will use approximately half of it for his business, while he plans to continue to lease the other half to Durham Bus Company, which has a contract with Schenectady Central Schools. Mr. Cronin stated that the hours of operation for the business would be Monday through Friday 8 a.m. to 5 p.m., and some Saturdays 9 a.m. to 6 p.m., and that they anticipate having three to four full-time employees. Commissioner Beach asked what type of trucks would be using the site in relation to their business. Mr. Cronin stated that there would be box trucks or smaller trucks most of the time, but that there would be an occasional tractortrailer delivering or picking up items. City Planner Primiano asked how often each specific type of truck would be entering and exiting the site. Mr. Cronin stated that they anticipate smaller trucks three times per day and a tractortrailer once per day. He added that his clients believe that their business will result in a much less heavy use on the property than previous businesses that have operated there. Ms. Primiano asked if the trucks will enter the site through Schenectady or Rotterdam. Mr. Cronin stated that they will enter through Schenectady. 2

3 PUBLIC COMMENTS Jacqueline Eckwerth of 472 Cranford Place spoke in opposition to the proposal. She stated that the bus company has not been a good neighbor, and that the dust and fumes from the buses entering and exiting the site is unbearable. She stated that she fears that a new business would only exacerbate the problem. City Planner Primiano noted that this proposal is for an allowed use of the property, but that this would be the opportunity to address ways that are within the purview of the Commission to mitigate the negative impact that the business might have, i.e. by placing restrictions on the hours of operation, lighting, noise, etc. Dawn VanBrabant of 50 Sterling Avenue spoke in opposition to the proposal. She stated that the surrounding streets have been destroyed by the heavy bus traffic and she does not feel that the neighborhood can handle the added truck traffic that the new business would bring. Commissioner Wallinger noted that she would personally speak to the City Engineer about the condition of the streets in the neighborhood, adding that she agrees that the area is not capable of handling large truck traffic. R.J. Carusone of 479 Sterling Avenue spoke in opposition to the proposal. He stated that the parking lot is in deplorable condition and every time traffic exits or enters a tremendous amount of dust is stirred up. He stated that he had spoken personally to the current property owner about it, but that the owner had never followed up with him. He also noted that when the Accurate Waste business used the site they would enter and exit through Rotterdam via a rear entrance to the property. Mr. Cronin noted that the back portion of the property previously used for the driveway has since been sold to other property owners and thus it is no longer possible to access the site in this way. A letter from Jennifer Brunk of 480 Sterling Avenue in opposition to the proposal was read into the record by Commissioner Wallinger. Ms. Brunk stated that the parking lot is in severe disrepair with deep craters that are a breeding ground for mosquitos. She added that she does not believe that the neighborhood streets can handle more large vehicle traffic, and that they are already in a state of severe disrepair. Kirk Broecker of 475 Cranford Place stated that the traffic from the busses is much too heavy for the area. He explained that the fifty or more buses exit and enter the site several times per day, from 4 a.m. until 11 p.m. He added that he believes that a tractor-trailer would exceed the weight limit for the neighborhood streets, and that it would be unable to maneuver the necessary turns. Ron Kawecki of 472 Cranford Place spoke in opposition to the proposal. He stated that the bus garage already puts too much stress on the streets and neighborhood residents, and he does not support any additional use of the site. 3

4 Seeing no additional members of the public who wished to speak Commissioner Wallinger closed the public hearing and turned the discussion back to the Commissioners and staff. Commissioner Wallinger asked Mr. Cronin what portion of the parking lot his client is planning to pave. Mr. Cronin stated that they will pave in front of where the buses park (i.e. where they pull out). Ms. Primiano stated that the area behind the bus parking spaces has huge potholes. Mr. Cronin stated that their lease states that Durham is responsible for maintaining the lot, and that he will confirm that they plan to address it. Ms. Primiano stated that the City does not care who fixes the lot, but it must be addressed and the ultimate responsibility lies with the property owner. Ms. Primiano asked if there is any significant noise associated with the business. Ms. Sandul responded that the only thing heard outside will be an exhaust fan. Commissioner Bailey stated that he does believe that the proposed business is a lighter use for the property, but that he agrees that the whole site must be considered and the paving should be addressed. Ms. Primiano noted that it will be a benefit to the neighbors to have the property owner on-site daily. Mr. Sandul stated that he had been completely unaware of the problems that the neighbors are having with the bus company and that he would like to be a good neighbor and do his best to address any issues. City Planner Primiano noted that she had reviewed the file and the site plan approval for Durham Bus Company from 2013 and that the hours of 5 a.m. to 6 p.m. had been approved, but not the late night and weekend hours reported by the neighbors. She stated that if they do not stop operating at those times they will be in violation of their site plan approval. She also noted that there is nothing in the approval stating a required route through the neighborhood for access to the site. Commissioner Wallinger stated that she will follow up with the Legal Department regarding this issue within the week, and also contact Avi Epstein, the City Zoning Officer, and the City Engineer regarding other violations on the site and the condition of the surrounding road, respectively. Commissioner Wallinger asked Ms. Primiano if it is within the Commission s purview to require paving of the access road into the site. Ms. Primiano stated that it is. Commissioner Bailey stated that he believes that the dust and pothole issue is one that must be addressed before any new business is allowed to operate. Commissioner Wallinger stated that she believes that the area where the buses turn onto the parking lane must also be paved. The Commissioners concurred. Commissioner Bailey asked Mr. Sandul how often tractor-trailers would have to access the site. Mr. Sandul responded that there would be one per day. Ms. Primiano stated that she is not certain what the weight restrictions are on the roads in the neighborhood, and that she will research it, but she believes that 18-wheelers are not permitted. 4

5 Ms. Primiano stated that her recommendation would be to table the proposal so that more information could be gathered by staff and the applicant could have a chance to submit a paving plan. She added that the alternative would be to grant site plan approval and prohibit tractor-trailers accessing the site. Mr. Sandul stated that he would rather table the proposal so that he could have more time to consider the information presented and formulate a response. MOTION TO TABLE Motion by Commissioner Beach, seconded by Commissioner Bailey, to table the proposal due to an incomplete application. B. LAMAR ADVERTISING requests a Special Use Permit pursuant to Section of a proposal to install an electronic message board on the existing billboard on Edison Avenue, tax parcel # , located in an M-1 Light Manufacturing and Warehouse District. Commissioner Wallinger noted that Lamar Advertising had two items on the agenda and that they could be discussed together but would be voted on separately. David Leavitt, Real Estate Manager for Lamar Advertising, and Mike Flanagan, General Manager for Lamar Advertising presented the proposal. Mr. Leavitt explained that these sites have existing bill boards which will be reduced in size and converted to electronic message boards. He stated that the digital boards will also be better for the community because Lamar will use them to inform the public of Amber Alerts and other emergency situations. Commissioner Wallinger asked what the back of the digital panel will look like. Mr. Flanagan stated that it will be gray metal. City Planner Primiano asked if they will need DOT permits for the signs. Mr. Leavitt stated that they will. Ms. Primiano asked how often the signs will change message. Mr. Leavitt stated that they will change every 8 seconds. Mr. Flanagan noted that the signs will have static messages that change every 8 seconds, but there will be no animation. Commissioner Stone stated that she does not like the looks of digital signs and does not believe that they belong in the City. PUBLIC COMMENTS Scott Cietek of Metroplex Development Authority spoke in favor of the signs. He stated that with the increased number of people coming through the City the signs will offer effective advertising for local businesses, while also 5

6 supporting the community by sharing Amber Alerts and other emergency announcements. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Bailey, to accept the Negative Declaration. Motion carried, with Commissioner Stone opposed. SPECIAL USE PERMIT Motion by Commissioner Beach, seconded by Commissioner Bailey, to approve the Special Use Permit with the following findings: 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. 2. Proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, and utility facilities. 3. Nuisance will not be more objectionable than use not requiring special use permit. 4. Use shall be served adequately by infrastructure. 5. Proposed use will not result in loss or destruction of significant features. 6. The proposed building or use does comply with all additional requirements imposed on it by the provisions of this zoning chapter. Motion carried with Commissioner Stone opposed. C. LAMAR ADVERTISING requests a Special Use Permit pursuant to Section of a proposal to install an electronic message board on the existing billboard located at 401 Broadway, tax parcel # , located in a C-5 Business District. This proposal was presented and discussed in conjunction with the previous item. PUBLIC COMMENTS See previous item. SEQR RESOLUTION Motion by Commissioner Lewis, seconded by Commissioner Bailey, to accept the Negative Declaration. Motion carried, with Commissioner Stone opposed. SPECIAL USE PERMIT 6

7 Motion by Commissioner Beach, seconded by Commissioner Lewis, to approve the Special Use Permit with the following findings: 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. 2. Proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, and utility facilities. 3. Nuisance will not be more objectionable than use not requiring special use permit. 4. Use shall be served adequately by infrastructure. 5. Proposed use will not result in loss or destruction of significant features. 6. The proposed building or use does comply with all additional requirements imposed on it by the provisions of this zoning chapter. Motion carried with Commissioner Stone opposed. D. VERIZON WIRELESS requests a Special Use Permit pursuant to Chapter 257 of a proposal to install a rooftop facility with associated equipment at grade level at 277 State Street, tax parcel # s , located in a C-4 Downtown Commercial District. Dave Brennan, Attorney for Verizon, and Mike Smith of Airosmith Development presented the proposal. Commissioner Wallinger noted that this proposal and the following application the coffee shop proposal submitted by Guilio Santoro - involve the same property and thus some of the discussion would be shared by all the involved parties. She noted that the conditions of the Special Use Permit and the Site Plan Approval must be met by the whole property, and it is the owner s and tenants decision who will be responsible for which portion of the work. Mr. Brennan explained that Verizon is always trying to improve its coverage within the City and they feel that this location is key to providing satisfactory service for their customers. Commissioner Wallinger noted that the area where Verizon proposes to put their equipment at grade currently houses the dumpster. Mr. Santoro commented that he would be happy to move the dumpster away from the building and enclose it as required. City Planner Primiano asked how often Verizon would access that equipment. Mr. Brennan stated that it used to be as frequently as once a month but now is more likely to be twice a year. Ms. Primiano noted that the application shows the antennae on the roof to be a dark color. She asked if Verizon would object to them being a lighter color, so that they are less visible against a light sky. Mr. Brennan stated that the antennae come from the manufacturer an off- 7

8 white color, so he believes that Verizon would be happy to keep them that way as it is less work for them. He noted that SHPO also has review over the project and may have requested the darker color, but if they did not, keeping them the lighter color would be acceptable to his clients. Ms. Primiano agreed that SHPO would have a higher authority, but if they did not specify the darker color she would recommend leaving them the original color. The Commissioners concurred. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Stone, to accept the Negative Declaration. SPECIAL USE PERMIT Motion by Commissioner Beach, seconded by Commissioner Bailey, to approve the Special Use Permit with the following findings: 1. Proposed use shall not substantially impact upon the nature and character of the neighborhood. There are several call phone towers located on the roofs of buildings throughout Downtown. 2. Proposed use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, and utility facilities. Adjacent properties are tall buildings with commercial uses. The wireless facility will not impact traffic or other facilities within the area. 3. Nuisance will not be more objectionable than use not requiring special use permit. This is a wireless facility added to the rooftop of a tall building and will not create any noise or visual nuisance. 4. Use shall be served adequately by infrastructure. This will not have an impact on the infrastructure. 5. Proposed use will not result in loss or destruction of significant features. No loss or destruction of significant features have been identified. 6. The proposed building or use does comply with all additional requirements imposed on it by the provisions of this zoning chapter. No variances are necessary as a result of this proposal. And with the following conditions: 1. If not requested by SHPO, the antennae will remain the off-white factory standard color. 8

9 2. Landscaping will be added to the rear corner of the lot. Prior to the addition of the landscaping a plan will be submitted to the City Planner for approval. 3. Two street trees will be added along Erie Boulevard. The trees will be planted by October 1, The dumpster will be enclosed. Prior to enclosing the dumpster, a plan will be submitted to the City Planner for approval. The dumpster will be enclosed by October 1, The painted sign noting the tenants of the building will be removed from the back of the building. That portion of the building will be repainted a color that will better blend with the rest of the brick building. E. GUILIO SANTORO requests site plan approval pursuant to Section M of a proposal to operate a coffee shop at 277 State Street, tax parcel # , located in a C-4 Downtown Commercial District. Guilio Santoro presented the proposal. He explained that he operates a gallery on State Street and would like to open a traditional coffee shop in the former Grog Shoppe space. Commissioner Wallinger explained that on a prominent corner such as this one she would like to see some landscaping added along the Erie Boulevard side of the building and parking lot. A landscaped area at the rear corner of the building and two street trees were discussed. The Commissioners agreed that the applicant would submit a landscaping plan to City Planner Primiano prior to installing the plantings, and that the work should be completed by October 1, Commissioner Wallinger reiterated that the conditions of both this and the previous approval must be met for the coffee shop and the Verizon tower to be in compliance. PUBLIC COMMENTS None. SITE PLAN APPROVAL Motion by Commissioner Beach, seconded by Commissioner Bailey, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from State Street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 9

10 3. Landscaping will be added to the rear corner of the lot. Prior to the addition of the landscaping a plan will be submitted to the City Planner for approval. 4. Two street trees will be added along Erie Boulevard. The trees will be planted by October1, The dumpster will be enclosed. Prior to enclosing the dumpster, a plan will be submitted to the City Planner for approval. The dumpster will be enclosed by October 1, The painted sign noting the tenants of the building will be removed from the back of the building. That portion of the building will be repainted a color that will better blend with the rest of the brick building. 7. A Certificate of Use issued by the Code Enforcement Office is required to operate the business. 8. The awning requires a permit if it is to remain. If not, the frame will be removed prior to the opening of the business. 9. The applicant has stated that signage will be placed in the window. If in the future any additional signage is planned he must return to the City Planner for review and approval prior to the fabrication and installation of the sign. Pursuant to City Code, no more than 20% of the windowpanes may be covered by signs. F. O RIELLY AUTOMOTIVE ENTERPRISES, LLC requests site plan approval pursuant to Section B and G of a proposal to construct a new building for an automotive parts retail sales facility at 1727 State Street, tax parcel # , located in a C-5 Business and R-1 Single Family Residential District. Rob Osterhoudt of Bohler Engineering presented the proposal. He briefly reviewed the site plan and building elevations, pointing out the revisions that were made after a preliminary presentation to the Commission at a prior meeting. He noted that the building had been brought closer to the front of the site and the entry moved to the front corner. Mr. Osterhoudt stated that they will be adding significant green space and dramatically reducing the amount of impervious surface on the site, as well as providing a significant buffer for the residential neighbors, and replacing all of the sidewalks. City Planner Primiano asked what materials are proposed for the building exterior. Mr. Osterhoudt responded that it will be brick with clapboard and CMU. He noted that the site plan was revised again after the drawings he was presenting at the meeting, because the parking lot driving lane had to be widened in the front corner of the parking lot. He explained that a small 10

11 portion of the landscaping bed was lost to the parking area, but that the equivalent amount of landscaping would be added elsewhere on the site. Ms. Primiano suggested extending the decorative cornice on the State Street side of the building along the whole side, and not just near the entrance, to add some interest to the façade. Commissioner Wallinger stated that she would prefer that it be extended along the entire Elliot Street side as well as that elevation is very visible from both streets. Mr. Osterhoudt stated that he would extend the cornice on the new plans. Lighting on the site was also discussed briefly. It was determined that Mr. Osterhoudt would submit a final lighting plan to Ms. Primiano for approval. PUBLIC COMMENTS None. SEQR RESOLUTION Motion by Commissioner Beach, seconded by Commissioner Diotte, to accept the Negative Declaration. Motion carried unanimously, with Commissioner Bailey absent from the vote. SITE PLAN APPROVAL Motion by Commissioner Wilson, seconded by Commissioner Lewis, to accept the proposal with the following conditions: 1. The address will be prominently displayed so that it is easily visible from the street. 2. Metal roll gates and iron bars are not permitted on any doors or windows at any time. 3. Customers are prohibited from working on vehicles in the parking lot. 4. A final revised site plan will be submitted to the City Planner for approval. The site plan will include a lighting plan, details of the curb cut closures, revised elevations showing the extended cornice, and the discussed changes to the parking lot and landscaping. 5. If at any time during construction changes to the approved plans become necessary, the applicants will return to the City Planner for review. If the changes are determined to be significant enough, the applicants will return to the Planning Commission for approval. Motion carried unanimously, with Commissioner Bailey absent from the vote. VII. MISCELLANEOUS Commissioner Wallinger noted that it was Commissioner Diotte s last meeting, as she is moving out of the City. Commissioner Wallinger and the other Commissioners thanked her for her service. 11

12 VIII. MOTION TO ADJOURN Motion by Commissioner Beach, seconded by Commissioner Diotte, to adjourn the meeting. Motion carried unanimously, with Commissioner Bailey absent from the vote. Meeting was adjourned at 9:15 p.m. 12