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Wm. Patrick Madden Steven Strichman Mayor Commissioner of Planning Monica Kurzejeski Phone: (518) 279-7166 Deputy Mayor [email protected] Planningn Commission 433 River St., Ste. 5001 Troy, New York 121800 Meeting Minutes December 29th, 2020 @ 6:00 pm The Planning Commission of the City of Troy, New York conducted a public hearing on Tuesday, 29 December, 2020 at 6:00pm via Zoom Conferencing, in order to hear and decide on proposals for development as follows: 6:05pm – Meeting called to order Commissioners in Attendance Suzanne Spellen (SS), Barbara Higbee (BH), Anthony Mohen (AM), Sara Wengert (SW) Commissioners Absent Deirdre Rudolph (DR) Also in Attendance Andy Brick (Planning and Zoning Attorney), Aaron Vera (Executivve Secretary) 1011 Second Ave. (101.38-9-10) Planning Commission Recommendation to the City Council for Zone Change Kevin Vandenburgh is prroposing a zone change from R-1 (Single-Family Residential Detached, §285-52) to P (Planned Development, §285-57). Pursuant to §285-27 of the City Code a public hhearing is required. The applicant is represented by Jamie Easton, P.E. of M.J. Engineering. Introduction by Andy Brick and Aaron Vera. Public comment was provided by the following persons: (Video timestamp for reference) (10:50) Andy Arthur - 15A Elm Avenue, Delmar, New York (12:50) Jessica Bennett – 1009 2nd AveDRAFTnue, Troy, New York (20:30) Christianna Bennett – 501 Broadway, Troy, New York (23:45) Rebecca Martin – Riverkeeper, Kingston, New York (26:49) Jennifer Schulaner 2161 12th St., Troy, New York (28:30) Grace Nicohls - 48 Smith Lane, Berne, New York (32:55) Bethany Yarow – Schoharie County, Waterfall Unity Alliance (35:10) Bill Studdiford - 311 Richfield Street, Speigletown, New York (37:45) Christian Grigoraskos - 488 2nd Avenue, Troy, New York Page 1 of 2 City of Troy Agenda Planning Commission 17 December, 2020 (39:53) Sarah Pezdek - 32 Cobal Avenue, Round Lake, New York (43:10) Branda Miller - 803 First Avenue, Troy, New York (45:40) Jenn Baumstein - 114 Pinewoods Avenue, Troy, New York (47:58) Jessica Holtz – Norwood Avenue, Albany, New York (50:20) Evangeline Fisher - 9 Cedar Avenue, Troy, New York (52:50) James Kruegler - 108 3rd Street, Troy, New York (55:10) Misria Ali - 4th Street, Troy, New York (57:05) Sheree Cammer - 137 Hedley Road, Wynantskill, New York (59:05) Stevie Hipwell - 129 4th Street, Troy, New York (60:50) Keith Hirokawa - 100 Reichards Lane Ext., Wynantskill, New York (67:15) Waterfall Unity Alliance (71:00) Adam Fisher - 9 Cedar Avenue, Troy, New York Open discussion and additional public comments/questions. BH motion to adjourn public hearing until 28 January, 2021 at 6pm, SS seconded. Absent Yes No Abstain Recused Deirdre Rudolph X Sara Wengert X Suzanne Spellen X Barbara Higbee X Anthony Mohen X Passed 4-0. DRAFT SS motion to adjourn meeting, AM seconded. Passed 4-0. Page 2 of 2 Stockbridge-Munsee Tribal Historic Preservation Main Office Extension Office W13447 Camp 14 Rd 65 First Street Bowler, WI 54416 Troy, NY 12180 December 28, 2020 City of Troy C/O Planning Commission 433 River St Troy, NY 12180 Re: Rezoning Riverfront Parcel 1011 2nd St Troy, NY Troy Planning Commission, The Stockbridge-Munsee Community Tribal Historic Preservation Office wishes to address the proposed rezoning of the Riverfront Parcel at 1011 2nd St in Troy, NY. The Stockbridge-Munsee Community Tribal Historic Preservation Office operates from its offices here in Troy, NY. We conduct Section 106 and NEPA reviews on Federal undertakings along with all state and local consultation projects. As a sovereign nation, our efforts in Historic Preservation maintain government-to-government relationships and ensure Tribal interests in the Tribe’s ancestral homelands throughout the Hudson River Valley are represented. We wish to address the Tribe’s concerns with the proposed rezoning of the Riverfront Parcel in north Lansingburgh, what is 1011 2nd St Troy, NY. The Lansingburgh Riverfront Parcel has high archaeological sensitivity and cultural significance for the Stockbridge-Munsee Community. Within the boundaries of the Parcel exists a number of National Register of Historic Places (NRHP) eligible archaeological sites. The recorded Chert Quarries Precontact Site represents immense cultural and educational significance. For thousands of years this site was used for the extraction of resources for Mohican people. Materials from the Chert Quarries Precontact Site have been identified miles away and represent a crucial component of past social trade networks that linked this region to distant Native American communities. The site’s location on the River situates it across from the Mohican village sites called “Unawats Castle” in North Troy and “Moenemin’s Castle” at Peebles Island in Waterford. These sites have been at the center of archaeological research studies on the lifeways of past peoples in the area and a focus for our work in site protection as they represent immense cultural significance. The Tribe’s ancestral homelands continue to be crucial to the living cultural heritage of the Stockbridge-Munsee Community today. Due to the immense cultural sensitivity for the Tribe and known archaeological sites within the Riverfront Parcel, we are concerned with the current rezoning proposal. We want to bring awareness to the Troy City Planning Commission on the cultural (413) 884-6029 Email: [email protected] Stockbridge-Munsee Tribal Historic Preservation Main Office Extension Office W13447 Camp 14 Rd 65 First Street Bowler, WI 54416 Troy, NY 12180 significance of this Parcel. We ask that the board consider its decision to recommend the proposed rezoning of this parcel for future development. The Stockbridge-Munsee Community Tribal Historic Preservation Office proposes to work with the City toward NRHP nomination and ultimately protection in perpetuity of these culturally significant archaeological sites and green spaces for its entire community. Should you have any questions, please contact me at [email protected]. Sincerely, Nathan Allison Tribal Historic Preservation Officer (413) 884-6029 Email: [email protected] December 29, 2020 By email: [email protected] Ms. Deirdre Rudolph, P.E., Chair and Members of the City Planning Commission City of Troy c/o Planning Commission 433 River Street Troy, NY 12180 Re: Public Hearing on Planning Commission Recommendation to the City Council for Zone Change (1011 Second Avenue) Kevin Vandenburgh is proposing a zone change from R-1 (Single-Family Residential Detached, §285-52) to PDD (Planned Development District, §285-57) Dear Ms. Rudolph and Members of the Planning Commission: Riverkeeper and Scenic Hudson are writing to urge the Planning Commission to recommend against the above-referenced rezoning request. If granted by the City Council, the rezoning from R-1 to PDD would not be in accordance with the recently adopted Realize Troy Comprehensive Plan (2018), as required by N.Y. General City Law Section 28-a(12). Realize Troy—based on robust public input Urban Strategies, Inc., the planning firm hired by the City to draft Realize Troy, describes the Comprehensive Plan as a three-part community planning initiative developed with a “strong focus on public consultation, both in-person and using a variety of social media channels, and aimed to establish a clear vision and set of action strategies to address both the current and future needs of the City.” Urban Strategies’ website states that the Comprehensive Plan established “a clear community-based vision and action plan to guide the city’s overall development over the next 20 years” and Realize Troy identified “short and longer-term community needs, reinforced and confirmed a set of broadly supported community goals and created a blueprint for future government actions.”1 We bring this to your attention as a reminder that the Realize Troy was created in the context of a robust public engagement process that resulted in an explicit statement of the City’s vision for itself, including the land use future for the subject parcel and surrounding neighborhoods. Realize Troy 1 https://www.urbanstrategies.com/project/realize- troy/#:~:text=Realize%20Troy%20is%20a%20three,a%20city%2Dwide%20comprehensive%20plan.&text=It%20will %20establish%20a%20clear,over%20the%20next%2020%20years. envisions the parcel as remaining in Low Rise Residential use and, in fact, identifies another nearby site as appropriate for the scope and scale of development that would be made possible by this rezoning. As a result, if granted, the requested rezoning would permit three, four-story buildings with between 230 and 250 multi-family units. This scale of development would directly conflict with Realize Troy’s recommendations and the community’s vision for low rise development at the site. Rezonings must be in accordance with Comprehensive Plans N.Y. General City Law requires that “All city land use regulations must be in accordance with a comprehensive plan adopted pursuant to this section.”2 Further, according to the New York State Department of State (NYSDOS) "New York’s zoning enabling statutes (the state statutes which give cities, towns and villages the power to enact local zoning laws) require that zoning laws be adopted in accordance with a comprehensive plan. The comprehensive plan should provide the backbone for the local zoning law."3 Realize Troy’s vision for the subject parcel The Comprehensive Plan’s Map 14 identifies the subject tax parcel as “Low Rise Residential” (see Appendix A attached to this letter). The parcel is currently zoned R-1 (Single Family Residential— Detached), which permits up to 3.6 dwelling units per acre. Currently, the R-1 zoning would permit up to 36 single family homes on the site. The concept plan submitted in association with this rezoning request proposes approximately 240 multi-family units in three, four-story buildings, a density of 666% above permitted levels and with four-story building heights inconsistent with Low Rise Residential uses.