Design Review Board

DESIGN REVIEW COMMISSION MINUTES WEDNESDAY, AUGUST 15, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Steven Rowland, Chairman; Staci Mannion; Karen Cavotta; Rob DeMarco ABSENT: Richard Martin RECUSAL: Tamie Ehinger, Vice Chairman; Robert West STAFF: Bradley Birge, Administrator Planning & Economic Development CALL TO ORDER: Steven Rowland, Chairman called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ANNOUNCEMENT OF RECORDING OF PROCEEDING: Steven Rowland, Chairman stated the proceedings of this meeting are being taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. APPLICATIONS UNDER CONSIDERATION 1. 2009.005 BOFF RESIDENCE, 66 Franklin Street, Public hearing on Draft EIS for a structure in the Urban Residential-4 District. (Historic Review). RECUSAL: Tamie Ehinger, Vice Chairman recused. Robert West recused. Applicant: Joseph Boff Agent: Anthony Ianniello, Attorney Ianniello, Anderson, Sciocchetti & Reilly, PC Matthew I. Mazure, Attorney, Ianniello, Anderson, Sciocchetti, & Reilly, PC Steven Rowland, Chairman stated tonight is a public hearing for the SEQRA process on the Draft Environmental Impact Statement for the demolition of a structure located at 66 Franklin Street. We are in the midst of this process and it will remain open. The public comment period will remain open until August 27, 2012. No decision will be made this evening. We are working on creating a final EIS, based on information tonight and information obtained through August 27, 2012. All comments should be directed to the Board. Please be respectful of other people's opinions. Please state your name and address when you come up to the microphone. Remain as brief as possible. Please no repetitious comments. Steven Rowland, Chairman stated he will indicate who correspondence was received from. All copies of correspondence can be obtained from Bradley Birge, Administrator, Planning and Economic Development. Bradley Birge, Administrator Planning and Economic Development, stated the correspondence the Chairman is about to note for the record have been received since the last meeting. NYS Office of Parks and Recreation and Historic Preservation – dated August 7, 2012. Julian Adams – Certified Local Government Coordinator for SHPO. David and Sheila Cabano –received August 14, 2012. James Warren, Historic Site Restoration Coordinator, State Historic Preservation Office-dated August 14, 2012. Rev. John D. Kirwan – correspondence received August 14, 2012. Elliot Masie – email received August 14, 2012. Regina James – email received August 14, 2012. Chris Lasher – email received August 14, 2012. Bruce Levinsky – email received August 15, 2012. Michelle Pacquet – email received August 15, 2012. Energy Next, Gordon Boyd and Eugene Salerni – dated August 13, 2012. Mickey and MaryLou Karipides-dated August 13, 2012. Board of Managers, Franklin Square Condominiums received August 13, 2012. Lisa Miller – email received August 15, 2012. PUBLIC HEARING: Steven Rowland, Chairman opened the public hearing at 7:10 P.M. David Barrows, 23 Garling Drive, Latham, NY. I am a contractor who has done many jobs for Mr. Boff. I have done much of the shoring up of this house. This home is plain unsafe. The cost to restore it is astronomical. Previous to Mr. Boff's ownership many beams and structural supports were removed. Elliott Masie, I own the property at 95 Washington Street, and 46 Circular Street. I am an owner of a business on that street and also own an Historic Greek Revival. I believe in historic preservation and as a business owner it is a travesty that this home is still standing. This unsafe building should not be restored simply because it is a historic building. It is a bad building, not safe, unsightly and it is time for it to go. Dan Cogan, employee in the Department of Public Safety. Comments in writing were submitted to the Board. From a safety standpoint this building has been declared unsafe. I am a 12 years certified code enforcement officer, and have also spent 30 years as a renovation contractor and I say the building is unsafe. That is my opinion, and something needs to be done about it. Michael Higgins, Franklin Square Condos. You are in receipt of my letter. This building is an eyesore. I did walk around the building today and it is worse when you get up close. 40 families in our building wish to see this building go. Patrick Kane, 14 Marion Place. A former chairman of the Design Review Commission. This process started many years ago and when I was on the Board it was in very bad shape back then. At this stage this building cannot be preserved. Tom Roohan. I have been before this Board many times and have completed many renovations in the City myself. It is unfortunate that the building got into this state of disrepair. There are too many negatives weighing this project down. Michael Curtin 123 Ash Street. My wife and I moved to Saratoga Springs in 2009. We walk by this building and ask how did the City let this building get into this state of disrepair. Perhaps something can be done earlier in the process before it get to this state. Something needs to be done to avoid this from happening again in the future. Michael Englert, 52 Franklin Street. The hearing tonight pertains to the EIS and not weather the building should be demolished or not; that is not the question. This Board identified three separate items of environmental impacts having to do with the loss of a historic resource. What is the mitigation of losing this historic resource? The DEIS does not address that question at all, it does not offer any mitigation at all. The Town code does provide methodology. This application does not include a development plan following the demolition which is outlined in the town code. The DEIS is defective and was not prepared by an expert on historic sites and historic preservation. I am concerned as a neighbor what will go in the area after demolition. We ask that you terminate the proceeding until the DEIS is complete. It is clearly insufficient. City of Saratoga Springs Design Review Commission Minutes – Wednesday, August 15, 2012 – page 2 of 4 George Carpinello, Boyd, Schiller and Fletchner,Saratoga Springs Preservation Foundation. The DEIS does not come close to evaluating the merits of the decision the Board must make. This DEIS minimizes all the positive aspects of the building and maximizes all the negative aspects of the building, primarily issues of safety. The DEIS omits one fact that there has been legal proceedings in City Court and State Supreme Court with regard to this building. Judge Waite ordered the owners of the property to properly maintain the building in accordance with the property maintenance code. That building does not conform to the property maintenance code. The issue before the Board is to enforce the ordinance. People who buy homes in designated historic districts must show good cause to demolish the building. The DEIS is a document which lists the pros and cons of taking the action that the applicant wishes. Before you can issue a demolition decision a development plan must be provided by the applicant now. The DEIS is also supposed to provide alternatives. Alternatives have not been addressed. Judge Waite will order Mr. Boff to comply with his maintenance of the property if this Board decides demolition is not an option. John Betor, Assistant Fire Chief, Saratoga Springs Fire Department 2006 – 2011. I would like to take issue with the property maintenance. The chimney is no longer functional. The porch is in need of repair or removal. I feel the building is not structurally sound. Douglas Kerr, 60 State Street. The Draft EIS implies that the building has lost its structural integrity. This building was listed on the National Register of Historic Places. The architectural integrity of the building has been threatened by demolition it has not been irreparably compromised. The National Parks Service has issued guidelines and standards for rehabilitation of historic building structures. The DEIS notes the cost of rehabilitation with no backup information. There is no penalty for rehabilitation of this house. SEQRA requires that you consider all parts of an action in an EIS. How can you determine the integrity of the historic district without all the information? Joseph Boff, owner 66 Franklin Street. $2.5 million estimate came from Tom Frost the original architect. I have $600,000 into the building not including any incidental expenses along the way. As far as the New York maintenance code, Mr. Cogan can answer that and they are in the building inspecting it at all times. There is one thing missing from the DEIS the real reason the house is where it is today, is because for 25 years the Preservation Foundation had a lien on the property, could have enforced it but did not. It did not rot from the inside out it rotted from the outside in. Anthony Ianniello, attorney for the applicant. It is very presumptuous for someone to come before the Board and indicate what the Judge may order in the future. The ordinance does provide that the applicant needs to have a plan for a new building at this time. The plan is to level the building, make the property attractive. As everyone knows any applicant would have to come before many City agencies before they could build anything on this site. This property is not a property that would remain vacant for a very long period of time. Michael Mastropietro, 59 Railroad Place. I am closer to that building than anyone in this room. I have seen it decay over the years. I am a professional engineer, I have done historic restorations and from what I have seen and the state it is in I do not think there is any value in it being restored. Tom McTygue, 247 County Road. One of my concerns as well as many local residents who live in the neighborhood is safety. In all my years sitting on the other side of the table I have never seen so many neighborhood residents saying take the building down. An unoccupied building as such is a fire hazard. Steven Rowland, Chairman stated he would like to thank all those who attended this meeting this evening and for your input. There is certainly a great deal of passion on both sides of this issue we will do our due diligence and give our best efforts here to get through all these emotional issues and make a decision. We will keep this application moving forward. That has been my goal to this applicant and the Board. We at least owe the process this effort. We will continue to receive public comment until August 27, 2012. Correspondence can be directed to myself or Bradley Birge here at City Hall. All information will be forwarded to the Board for review. After which time we will forge ahead to the finalization of the DEIS and hopefully bring some closure to this issue in some way shape or form. Thank you for your time and patience. ANNOUNCEMENT OF UPCOMING WORKSHOPS AND MEETING City of Saratoga Springs Design Review Commission Minutes – Wednesday, August 15, 2012 – page 3 of 4 Design Review Commission Workshop will be held on Wednesday August 22, 2012 at 5 P.M. Design Review Commission Meeting will be held on Wednesday, September 5, 2012 at 7:00 P.M. ADJOURNMENT Karen Cavotta made a motion to adjourn. Rob DeMarco seconded the motion. VOTE: Steven Rowland, Chairman, in favor; Staci Mannion, in favor; Karen Cavotta, in favor; Rob DeMarco, in favor MOTION PASSES: 4-0 Steven Rowland, Chairman adjourned the meeting at 8:16 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/3/13 City of Saratoga Springs Design Review Commission Minutes – Wednesday, August 15, 2012 – page 4 of 4