Planning Board

PLANNING BOARD MINUTES (DRAFT) WEDNESDAY , MARCH 25 , 2009 7:30 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner; Chair, Jamin Totino; Vice Chair, Amy Durland, Michael Perkins, Laura Rappaport, Philip Klein, Dan Gaba ABSENT: No-one STAFF: Jaclyn Hakes, Principal Planner CALL TO ORDER Clifford Van Wagner called the meeting to order at 7:30 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner said 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. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR There were no administrative actions reported. COMMENTS FROM THE CHAIR Clifford Van Wagner announced that there will be a Joint Land Use Boards meeting Tuesday March 31 at 7:00 PM in the Music Hall on the third floor of City Hall. He said the quarterly meetings include all staff and members of the Design Review Commission, the Zoning Board of Appeals and the Planning Board. PRIVILEGE OF THE FLOOR Clifford Van Wagner gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. No one spoke. LETTERS OF CREDIT  04.103.2 38 High Rock Condos, 38 High Rock Avenue REQUEST: Letter of Credit revision in a Transect-6 District Jaclyn Hakes said the project is associated as phase two of the project that includes the hotel that is already completed. It was noted that the site plan was approved on November 2, 2005, and a letter of credit extension was granted on September 12, 2007. A reduction of the letter of credit from $370,900 to $157,300 was granted by the Planning Board on October 8, 2008 and expires March 31, 2009. Dave Weiler said he represents the applicant, Mike Hoffman. He said that the applicant is requesting a one year extension to March 31, 2009 because the project is not complete. Clifford Van Wagner said the Planning Board could grant an extension of the Letter of Credit for a maximum of 18 months which is helpful if there is any doubt that the project can be completed in one year. Dave Weiler responded that one year is sufficient time to complete the project. He said that site work on the condominium side needs to be completed including Sternberg lighting, landscaping, and sidewalks, all of which will be done prior to March 31, 2009. PUBLIC COMMENT: Cliff Van Wagner opened the meeting for public comment and no one spoke. DECISION: Motion by Michael Perkins to extend the Letter of Credit in the amount of $157,300 for 12 months to March 31, 2010. Jamin Totino seconded. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7-0.  07.004.1 45 Greenfield Avenue Condos, 45 Greenfield Avenue REQUEST: Letter of Credit revision in Urban-Residential-1 District. Jaclyn Hakes said that the Planning Board approved the site plan on January 10, 2007, and the letter of credit for $45,200 expires March 31, 2009. She said that the applicant is requesting a one year extension to March 31, 2010; the extension is being requested because the work is unfinished. She reminded the applicant that the Board can grant a Letter of Credit Extension up to eighteen months. Appearing before the Board was Michael Roohan, applicant. Mike said that a one year extension is ample because the unfinished work includes only exterior painting, the driveway, and landscaping. PUBLIC COMMENT: Cliff Van Wagner opened the meeting for public comment and no one spoke. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 2 of 17 DECISION: Motion by Philip Klein to extend the Letter of Credit in the amount of $45,200 for 12 months to expire on March 31, 2010. Laura Rappaport seconded. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7-0.  07.030.1 Spa Hotel II Restaurant/Banquet Facility 47 Excelsior Avenue REQUEST: Letter of Credit revision in a Transect-5 District. Jaclyn Hakes explained that the applicant is requesting a Letter of Credit extension for one year because they have chosen to revise the project and are seeking new approvals from the Zoning Board of Appeals, the Design Review Commission and the Planning Board. She said the current letter of Credit amount is $190,000 and the applicant is also seeking a reduction in the LOC to $74,000. Jaclyn Hakes said that the applicant is seeking a site plan modification and modification of the special use permit will also be required. She said that currently the Marriot Hotel exists and there is a separate parcel where the restaurant and banquet facility are being proposed, and the applicant wants to combine the two parcels into one parcel. The Letter of Credit is a separate action because it expires at the end of this month; if the applicant is successful in getting the approval for the modifications the Letter of Credit will be rolled into the new project. Appearing before the Board were Stephanie Bitter and Jay Hopeck, agents for the applicant. Stephanie Bitter said that getting approvals for the new project is the reason for the delay and the need to extend the letter of credit. She said they were requesting the reduction in the letter of credit because much of site work has already been completed. Jay Hopeck said that $130,000 was spent and all utility relocations have been completed and inspected by the City and the as- builts have been filed. Clifford Van Wagner said that this application was discussed at the Board’s workshop and the application was not received until March 18, which did not allow sufficient time for review by the City Engineer because of his vacation schedule. Since all revisions in letters of credit amounts must be approved by the City Engineer, the Planning Board can only approve the LOC extension at its current amount of $190,000. PUBLIC COMMENT: Cliff Van Wagner opened the meeting for public comment and no one spoke. DECISION: Motion by Jamin Totino to approve the extension of the Letter of Credit in the amount of $190,000 for 18 months to expire on September 30, 2010. Seconded by Dan Gaba. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 3 of 17 VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7-0.  01.032.1 Park Alley North, 79 Greenfield Avenue REQUEST: Letter of Credit revision in an Urban Residential -1 District Applicant: John Witt (ANW Holdings, Inc.) Jaclyn Hakes said that the subdivision was approved on April 25, 2001. Letters of Credit extensions were granted on March 5, 2003, March 3, 2004, March 23, 2005, March 15, 2006 and on March 21, 2007. She said the current Letter of Credit is in the amount of $62,800 and expires on March 31, 2009. The reason for the extension is that the as-builts are not finished. Staff notes that upon recent site inspection by the Engineering Office, several items are still outstanding including signage, street trees, sidewalks, curbs, street lighting and as-built drawings. Jaclyn Hakes said that there are no notes to indicate that a reduction in the amount is warranted and there is no specification on the application as to the length of the extension request. Appearing before the Board was Brian Ward, Sales Director for Witt Construction. He said they are requesting a six-month extension because there is one home to be finished, and sidewalks to be installed. He said they would discuss the remaining list with the City Engineer. Michael Perkins suggested extending the Letter of Credit for one year because if the project is finished early, the money is returned early. PUBLIC COMMENT: Cliff Van Wagner opened the meeting for public comment and no one spoke. DECISION: Motion by Jamin Totino to extend the Letter of Credit in the amount of $62,800 for 12 months to expire on March 31, 2010. Philip Klein seconded. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7-0. APPLICATIONS  09.002 Transitional Services Addition, 127 Union Street City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 4 of 17  REQUEST: This is a site plan modification of a proposed 5,230 square foot addition in an Urban Residential-2 District. DISCLOSURE: Dan Gaba disclosed that he is a volunteer on the Board of Directors for Transitional Services RECUSAL: Dan Gaba recused himself from any discussion and decisions relating to project 09.002 at 127 Union Avenue. Clifford van Wagner said that as a result of meetings with staff and the applicant, one major issue is the curb cut on the truck route of Finley Street. Jaclyn Hakes gave the background stating that a use variance for 5800 square feet of office building was approved on September 10, 1997; the site plan was approved on November 19, 1997 and on February 14, 2008, the Zoning Board of Appeals approved an area variance for +/- 5437 square feet addition. Jaclyn Hakes said that she met with the City Engineer, the applicants and the Saratoga Springs fire Department and the SSFD would prefer a secondary access in and out of that site because of concern for lack of turn-around space for fire apparatus. She said that access must also be maintained during the winter months and she spoke with Mark Benequista of the Traffic Safety Department and he has no concerns with the addition of a secondary access. He did express concern over the intersection of Union Street and Finley Street due to the limited site distance and thought that it would be better to have secondary access off Finley Street. Mark Benequista felt that the truck traffic on Finley Street was no significant enough to offset the benefits of the secondary access. Clifford Van Wagner summarized that Traffic Safety is in favor of a second curb cut and access on Finley Street. Jaclyn Hakes said that the idea of having employees having to use the intersection of Finley and Union Streets as an exit is troublesome because of the site distance. He reviewed the agenda notes and mentioned that the maximum space occupied by the building would be 27% which is below the maximum 30% allowed. He said the applicant is meeting all requirements. Clifford Van Wagner said that a waiver would be required to allow for additional number of parking spaces requested. He asked the applicant to address the parking waiver, the street trees, lighting, fence encroachment issue and sidewalks. Appearing before the Board was Brett Steenburgh, Engineer for Transitional Services, Inc. Brett said the project is located at 127 Union Street on a lot just less than one acre in size. The proposal is for a 5,230 square-feet addition as well as to widen the existing parking lot by 8 feet. He said some landscaping would be provided in this area. He described the storm water management system explaining that there would be an infiltration trench, standard practice for stormwater management, which allows stormwater to infiltrate the soil but contains a pipe to prevent backup that leads to a series of drywells. The parking lot pitches slightly downward so the stormwater would flow off the lot through a sand filter on top of the infiltration trench with existing drywell and then to a catchbasin and drywell. Brett said that the entire system is designed and would be constructed to the regulations of the Department of Environmental Conservation (DEC). He said the design and plans have not yet been reviewed by the City Engineer. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 5 of 17 Brett Steenburgh indicated on the screened rendering of the proposed project site where the proposed ingress/egress would be located on Finley Street. He also presented existing green space that will become impervious and the existing paved areas that will become greenspace. He said that as a result of the completed project, there would be an increase of 0.08 acres of impervious area. Brett discussed the parking waiver. He explained that business office parking requirement is 1 space per 400 square feet of building, but the need for the site is 48 spaces with two of those to be designated for the handicapped. He said that they are seeking a waiver for 16 spaces because the plan is to bring an additional 14 staff from another site and they have five agency vehicles and plan to purchase two more vehicles. The number of 48 with two being for the handicapped works and any less would pose a hardship because on-street parking is not feasible in this area. Philip Klein asked how the applicant intends to handle snow removal and the probability that parking spaces would be lost during the winter. Brett responded that if snow cannot be managed on site, it would have to be moved off-site if they start to lose spaces. He said they are currently looking for off-site places to haul the snow in the winter if necessary. Brett Steenburgh said that the intersection at Union and Finley Streets is a concern for safety because there is only 75 feet of sight distance, significantly short of the recommendations of the NY State Department of Transportation (DOT). He said that one of the driving factors for the ingress and egress onto Finley Street is that emergency service vehicles must be able to enter without a 90° turn and it is not appropriate to ask a neighbor to remove their parking area. Jamin Totino asked if the green area along side the pavement is considered greenspace. Brett replied that at the request of the City Engineer, Paul Male, they are installing a recessed island, 6 inches lower than the asphalt pavement that is designed to catch stormwater. Jaclyn Hakes explained that this does count as green space according to code, it is a mini-bio retention area. Philip Klein inquired about the City’s parking regulations on Union Street. Brett Steenburgh said there are no apparent “no parking” regulations. Phil Klein noted that there would problems if snow is not pulled out quickly and he asked if the Planning Board should request public safety to examine the area with the possibility of posting parking regulations on one side of Union Street. He said that the intent is to utilize areas for snow storage and keep the Finley access open the total length from one end to the other. Jamin Totino said he shares Phil Klein’s concerns for snow removal. Amy Durland asked if the area to be converted to green space would be lawn and Brett replied that it would be seeded. Laura Rappaport asked if there were other plans for plantings. Brett said there would numerous azaleas, burning bushes, and spiraea shrubs along the existing sidewalk and four street trees, namely pin oaks. Clifford Van Wagner asked about the construction of sidewalks along Finely Street. Brett Steenburgh said that there would be only a short span of sidewalk on Finley Street and there are no sidewalks on adjacent side streets, so there would be no advantage to installing sidewalks on Finley Street, especially since the intent would be to connect to existing sidewalks. He said that on Union street, the parcel goes only part way up Union street so the sidewalk would stop part way. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 6 of 17 Laura Rappaport asked if most people would come on to the site off Finley Street if an entrance is placed there. Brett said that people coming from the north would enter off Union Street and from the South; they would enter off Finley Street. He said in light of the short sight distance at Union and Finley, it would safer to exit from the Finley egress. Jaclyn Hakes said there are no historical lights along Union or Finley Streets and the applicant is proposing no changes in exiting lights; there are existing shoe box fixtures on site. Peter Rogers, Executive Director of Transitional Services, Inc said there is seldom business conducted on site at night other than occasional evening meetings of the Board of Directors. Cliff Van Wagner said there should be some requirement for outside lighting. Peter Rogers said there are lights in the parking lot. Dave Tamarro, architect for the project said there are two wall sconces, currently at the main entrance and they will install two recessed flood lights in the eves over the entry of the new addition and there are also pole lights in the parking lot. Amy Durland asked about the fence encroachment. Brett indicated the fence on the displayed rendering and said that it will be put back on the property line to be in compliance with zoning code. Brett Steenburgh said there are no street trees proposed for Finley Street because there are quite a few there now. Jamin Totino said that the Board is not allowed to waive the sidewalk requirement; the idea is to create pedestrian connections throughout the City, so serious consideration should be given to place sidewalks along Finley Street. He said there would be less than 20 feet of sidewalk on each side of the entrance. Phil Klein agreed that it would be only a small section on either side. Amy Durland asked if there would be a way, as an alternative to installing sidewalks now, for the applicant to agree to put in a portion of sidewalk in the future if another larger proposal included a sidewalk. Jaclyn Hakes said that the Board can require that sidewalks be installed at site plan review or that mitigation fees be paid for future use by the City, however it is preferred that the decision be made at the time of the site plan approval. For mitigation fees it would hard to determine how much would be appropriate since costs would be different in the future. Dave Tamarrow said they would be willing to install the sidewalks but their concern is that there is not room to [put sidewalks in without removing some existing trees. Jamin Totino agreed there is not a lot of space available for sidewalks; the standard width is five feet and the cost is $5.25 per linear feet which translates to a couple hundred dollars with curbing. Michael Perkins asked if a full sized lighting plan would be submitted with the final plan set and Brett Steenburgh confirmed that it would be included. Phil Klein suggested that the opening off Finley Street should be an exit only because it makes good sense for employees to exit onto Finley Street for safety reasons; however, he would prefer to see employees enter the site off Union Street. He said nothing is gained by having the opening function as both an entrance and egress and emergency vehicles are going to enter the easiest way possible, regardless of how it is marked. Brett Steenburgh said it is less preferable to have an exit only off of Finley Street than flexible use, but most employees would continue to come in off of Union Street anyway. It is easily marked and the snowplow and firetrucks would be exceptions to the requirement. Jaclyn Hakes said that the City Engineer, Paul Male indicated he approves of the stormwater plan but has reviewed two drafts but not the recent submission. He said he was comfortable that City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 7 of 17 if the Board issued a decision, they would include a condition to the decision that the City Engineer must sign off on the project and any technical issues would be addressed. Michael Perkins asked if the parking waiver was acceptable to the Board. Phil Klein and Cliff Van Wagner indicated that the applicant had made a good case for the waiver since they were bringing employees over from another site. Jamin Totino agreed and said there are not a lot options and it is not a safe place to add on-street parking. Jaclyn Hakes said that a test pit should be conducted to verify the location of utility easement through the property prior to signature of the final plans in order to determine exactly where the utilities are so the building is not placed over them. Clifford Van Wagner said when weather permits, a hydrant flow test must be conducted by the applicant and the applicant must satisfy all requirements of the Fire Department. Michael Perkins commended the applicant for creative stormwater management techniques. PUBLIC COMMENT: Chairman Clifford Van Wagner opened the meeting to public comment on the application. Hearing none, he closed the public comment period. SEQR PART II REVIEW: Jaclyn Hakes stated that this is an unlisted action requiring SEQR review and approval. She said that the applicant submitted a revised long EAF form and a draft Part 2 was provided by staff. The Board reviewed Part 2 of SEQR and no large or important impacts were identified. SEQR: Jamin Totino moved that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQR Full Environmental Assessment Form, it is the Board’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment; the Planning Board hereby issues a SEQR Negative Declaration for this action. Amy Durland seconded the motion. VOTE: Philip Klein, in favor; Amy Durland, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 6-0-1 (recusal: D. Gaba) DECISION: Michael Perkins moved to approve the site plan with the following conditions: 1) The vehicular access onto Finley Street shall be an exit only access and the applicant shall install signage indicating such. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 8 of 17 2) A waiver of 16 parking spaces is granted to allow for an increased amount of parking on the site. 3) The Planning Board recommends that the Department of Public Safety consider no parking signage on the west side of Union Street. 4) Sidewalks must be installed on Finley Street on the project side; 5) The fence should be removed and placed wholly within the property boundary; 6) All outstanding technical issues must be completed to the satisfaction of the City Engineer. Seconded by Jamin Totino VOTE: Philip Klein, in favor; Amy Durland, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 6-0-1 (Recusal: D. Gaba)  09.011 Proposed McDonald’s Rebuild, 197 South Broadway REQUEST: SEQR coordinated review for a site plan to construct a fast food restaurant with drive-thru facility in a T-5 District. DISCLOSURE: Dan Gaba disclosed that he has an ongoing business negotiation with one of the applicants. RECUSAL: Dan Gaba recused himself from any discussions or decisions related to project 09.011, McDonald’s rebuild, 197 South Broadway. Clifford Van Wagner said that this is a continuation of the hearing and the applicant is asking the Planning board to accept lead agency status. He said there has been an extensive history including numerous discussions and reviews on this parcel. LEAD AGENCY STATUS: Jaclyn Hakes encouraged the Board to state for the record to accept lead agency because the Design Review Commission and the Zoning Board of Appeals have each deferred lead agency status to the Planning Board. DECISION: Jamin Totino moved and Laura Rappaport seconded for the Planning Board to accept lead agency status for project 09.011, McDonald’s of 197 South Broadway. Ayes all, motion carried 6-0 Appearing before the Board were Clark Brink, owner and applicant, Chris Boyea of Boller Engineering and Francis Esseau from McDonald’s Corporation. Clark Brink said that he has tried to respond affirmatively to all requests and he has been before the Design Review Commission and the Zoning board of Appeals. He said this project has dragged on for a long time, and he hopes to continue the dialog he has had with the Design Review Commission and can move forward. Chris Boyea said that several sketch plans have been presented and full design plans have been submitted depicting the site plan, lighting, landscape, grading, drainage, the type of drainage system, etc. He presented a rendering of the building and stated that there have been further enhancements to the rendering that are based upon suggestions from the Design Review Commission. He said they are hoping to start construction this year. He exhibited the existing City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 9 of 17 McDonald’s and then superimposed the new rendering with additional height and they have submitted black and white elevations as well. Chris said that the Design Review Commission made it clear that they wanted some ideas added to the building such as shutters, different window locations, size scale and impact to Broadway. He said the proposed building is over thirty feet taller than the St. Charles and there would be some exposed foundation. He said the building would have a simulated second floor made to look like a real one in order to satisfy the height requirement in the T-5 zone. He said they are also adding red brick for the arcade walls and pilasters. The intent of the brick pilasters and wrought iron fence is to occupy the streetscape. Chris exhibited a colored version of the site plan; they have put a full landscape together in the package including details on the handicap ramps and stairs. He said the plan is to create more green space, from 3382 square feet of green space to 10,000 square feet of green space, 30% of the site. He said they proposed to use hearty board plank in Monterey taupe with arctic white trim and no efface and they will use a more substantial maintenance free material on top. Jamin Totino asked Chris to explain any changes since the last time the sketch came before the Board on December 10, 2008. Chris said that there are not a lot of changes to the layout but more details have been provided on the drainage, water, sewer, landscape, etc. He showed the building elevations. Clifford Van Wagner asked what the opinion was of the Design Review Commission regarding the north elevation. Chris Boyea responded that the DRC suggested adding windows, softening the blank face and they recommended dressing up the upper building components. Cliff Van Wagner said that DRC is the Board that has purview over design and appearance of the building. He said he agreed with their assessment because it does not look good coming from the north and heading south. Jamin Totino said he is concerned about the main entrance facing the St. Charles Motel and not Broadway because the main entrance should be on the Broadway elevation. He also expressed concern over the diameter of the building. Chris said that the DRC agrees and requested that the entrance be made stronger; there will be parking behind the building with substantial use of the side door so they did not make the prominent entrance on the Broadway side, however the sidewalk, steps and an ADA approved ramp and railings will help make the entrance more grand. Cliff Van Wagner asked about procedure at this point. Jaclyn Hakes explained that a SEQR Coordinated review must be completed and a long form has been submitted by the applicant. If a SEQR negative determination is made, the applicant must seek relief in the form of an area variance from the Zoning Board of Appeals. She said that the SEQR must be completed and approved before any other approvals, then the applicant moves on to the ZBA then back to the Planning Board for Site Plan approval and a Special Use Permit. Jaclyn said that because the applicant is seeking approval to demolish the existing structure, they will lose their pre-existing status so they will need to go through the entire process for the new building. She said they can start with the Design Review Commission but all approvals including SEQR, ZBA area variance and Planning Board approvals must be in place before the DRC issues a decision. She encouraged the applicant to go before the DRC although no vote can be taken because the processes compliment each other; discussions with the DRC can continue while the Planning Board is completing SEQR review; design aspects must fit into the character of the community City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 10 of 17 and the T-5 district. Jaclyn Hakes said that if the Board goes through the SEQR process and determines that mitigation would be to do a re-design, it would be beneficial to the Board and to the applicant if DRC was in discussion with the applicant at the same time. The applicant has indicated that a lot of input has been received already but if the Planning Board asks the DRC for an advisory opinion as it proceeds, it would help if the DRC was already in discussion with the applicant. Jamin Totino asked if the stairs are legal. Chris responded that a ramp would be there adjacent to the existing sidewalk; the stairs are set back from the sidewalk, ramps and landing for turning access for a wheel chair. Jamin Totino asked why there were stairs. Chris explained that stairs were necessary because of the elevation; the site slopes up to the alley. Clark Brink said that the code requires the building to be close to the curb, 12 feet and this challenges the development of a strong entry; the T-5 requirements are hampering the project. He said he has been working on this for 3 ½ years and feels like a ping pong ball. He tries to be respectful of the process and wants to deliver a product that fits with South Broadway and the community he lives in but it is getting frustrating trying to satisfy three different boards, entities and perspectives. Clark said he can’t continue to move on indefinitely so any coordination that can be done would be helpful. Cliff Van Wagner said that the Planning Board is now driving the bus but they must coordinate with DRC and the ZBA; SEQR must be done first. He said that part of the responses to SEQR will involve a ping-pong ball effect and the Board understands the frustration, but this is the next step in line for major re-development of South Broadway and this building will set the tone for that re- development. Jamin Tontino said that applicant is headed in a good direction; they are getting there. Amy Durland said that the Board started reviewing this project 17 months ago, and they have had three meetings. She asked if there would be two SEQRs or one and Jackie Hakes responded that this SEQQR review would cover the site plan, special use permit, ZBA and DRC actions; it is more efficient. She said the ZBA would be asked to consider sign variances, variances to reduce Broadway frontages, a variance for a one-story occupied building for the portion on the north side that is one story. Chris said that there is no second floor proposed but the building will have the look and the aesthetics of a second floor but there is none. He said that the current signage as submitted would require a use variance from the ZBA; the other option would be to modify the signage plan so it would not require a use variance. Cliff Van Wagner said that signage also falls within a SEQR review. He reminded the applicant that they always have access to staff and could discuss any concerns and alternatives with the ZBA staff, Susan Barden to possible prevent having to go before the ZBA for a variance. Chris Boyea said that he is trying to get the drawing close to scale; the building is 30 feet high and images vary from hard black and white copies which are more accurate. Jamin Totino said that the T-5 zone requires two stories, and the second story should carry over the length of the entire building. He suggested adding a porch or portico or some sort of a covered portion on the front of the building because having a distinct appearance to enhance Broadway is important. Clark Brink said the building is so close to Broadway that a snow plow could throw snow to the front of the building. He said the sidewalk is five feet wide and the building is there because there is a maximum of 12 feet if the building is built to the line. He said they might be able to shift the City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 11 of 17 building back to mitigate issues but if they do shif the building back he is not sure of the impact of that action on the functionality of the building or about space issues inside the building. Phil Klein said that with this proposal, coming from the north and heading south, the building does not look like a McDonalds; a person driving by should be able to recognize the building as a McDonalds because that is how they know where they want to go. He said that the grey box on top of the building looks terrile and he suggested incorporating the bottom of the building with the top because the bottom works well with Broadway. Clark Brink said he is over\whelmed with the various opinions. Laura Rappaport said that this a building that faces Broadway in a T-5 district so make it two stories and face the main drag, which is one of the rules that the Board is bound to by code. Francis said that this is a work in progress. He asked how they could address elevation and define the point of entry. He said they would be generating some sketches to accommodate recommendations but his concern is that some of the ideas and suggestions might interfere with the operation of the facility. He asked if the Board could focus more on the site plan review and SEQR process and they would work on design with DRC. He said that having the board commenting on design is not as productive; there are other major issues such as site plan and SEQR that are more important. Cliff Van Wagner said that the Board would get back into SEQR if desired but when the Board gets to the questions that have a positive response, the progress will come to a grinding halt. PUBLIC COMMENT: Clifford Van Wagner opened the meting for public comment. Mark Soprano of Broadway said he owns the Carriage House across the street and he is concerned about the existing patio that is very noisy. He said that the new plan puts it on the side which helps. Making a green space area on the Dunkin Donuts elevation would be an improvement as well as putting delivery to the back of the building. He said that the look of the building will be very important; people should be able to look at something appealing, how streetscape looks and appears is important. Seeing that no one else wished to speak, Cliff Van Wagner closed the public hearing. Jamin Totino asked the applicant and agents if they knew about the Cleveland McDonalds in Independence Ohio because it is a very impressive rendering. Francis said that non-traditional types of McDonald’s exist and this was probable a re-hab because it looks like a mansion it5 is not necessarily what the corporation agrees to because it might not generate the sales or the traffic desired by the corporation. He said he could name many buildings that are non-traditional and not successful because they did not generate the traffic. Cliff Van Wagner said that the ZBA gives relief for more that 12’ because of snow and/or drainage issues; there has been a good case made for pushing the building back. Jackie Hakes said that the Board could ask the applicant to consider moving the building back; they might be able to push it back and still be within the 12 feet build-to line. Cliff Van Wagner suggested that the applicant should plan pro-actively but he warned the Board not to anchor the applicant because of the proximity of the neighboring building. Clark Brink said there would be a problem with the public alley if the building is pushed back. It needs to be City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 12 of 17 determined how far the building could be pushed back without inferring with the alley and the clearance. Amy Durland suggested pushing the building back to the point of functionality because it should be pedestrian friendly because it is a Broadway presence so it should be pushed back only as far as practicable. Cliff Van Wagner suggested that the applicant try to do an overlay if there is functional capacity, three to four feet, to show that the rear of the building can be used without interference with the alley, which would be great because street frontage ethics would not have to be totally sacrificed. He said the applicant should come back for SEQR and meanwhile be working out alternatives and overlays; beef up the entrance, dress up the back of the building. The Board can’t get past the site layout until the entrance and sidewalk are defined. He asked the applicant to return to the Planning Board with something to work with, not materials but how the building and design would look on the site. Chris said he would focus on the footprint also. Jaclyn Hakes said that the building must occupy 70% of the lot. Amy Durland reminded the applicant to consider the shape and size of the footprint, the circulation, drive through, where the drive through and delivery are, and the patio because the applicant would not want to proceed so far and then discover that a major issue was missed. She is not sure that the shape is there yet, especially regarding the curtailed second floor. Jamin Totino agreed with Amy and said the building should be two stories. He said that the applicant should do whatever is necessary to re-do the entrance and the footprint could be impacted by that, especially if the building is shifted towards the back. Jaclyn Hakes reminded the Board that staff was concerned about the alley, especially that there is no barrier or median between the drive through and the one-way alley. Clark Brink encouraged staff to survey the traffic on that alley; it is not heavily traveled so it should be safe because in the eight years he has owned the restaurant there have been no accidents. Jaclyn Hakes said that currently there is no circulation pattern like the one proposed and the only barrier between the drive-through traffic and the one-way alley is a six-inch curb so she wants it on the record that staff is concerned about the proposed circulation. Jamin Totino suggested installing a barrier such as a four -feet high fence. He recommended that Chris Boyea collaborate with Traffic Safety, Public Safety and the City Engineer. Clifford Van Wagner said that a direction has been established and he asked the applicant and agents to stay in touch with Jaclyn Hakes and come back when ready, and approach DRC for an advisory opinion then return to the Planning Board to do SEQR. SEQR: The applicant will return to the Planning Board for SEQR review and determination.  09.010 Ashgrove Apartments, 38 Allen Drive REQUEST: This is a site plan review for 15 affordable residential units in an Urban Residential-4 District Jaclyn Hakes said that since the sketch discussion, the applicants have met with Paul Male and Brad Birge regarding some waivers initially requested and some concerns. The applicants no longer require waivers for drainage, lighting or landscaping because creative techniques have addressed those issues. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 13 of 17 Appearing before the Board was Lane Brooks of CKW Architects. Lane said the applicants are looking to put in a 15 unit building on Allen Drive. He said they will be demolishing one building and another has burned down and in they will be constructing a two-story building. He displayed a rendering that showed the site plan and he also exhibited two scenarios of parking and landscaping. Ed Spychalski, President of the Saratoga Affordable Housing Group said that the Saratoga Housing Authority would donate three Sternberg light poles, which are the City’s standard for installation. Lane Brooks said that sidewalks were discussed and funds might have been found. Jaclyn Hakes explained that the City might receive some economic stimulus funding and 2010 CDBG funds which could be used for the sidewalks. Lane Brooks displayed a landscape rendering and two alternative parking plans. The board discussed both parking alternatives. Phil Klein asked if they could go deeper on the property and accommodate more cards which would take the cars off the street, give the project nicer curb appeal. Lane Brooks said the site is flat which makes it a difficult site for curb appeal. Ed Spychalski said that parking on the street would not impact traffic because the traffic count that he conducted indicated bout 20 vehicles at night between 6 PM and 8 PM and a total of 7 vehicles in the morning. Michael Perkins said he has no issue with the parking plan since the street is not well traveled. Laura Rappaport said that since there are financial constraints, the proposed parking plan is acceptable. Clifford Van Wagner liked the second option, especially if they pick up more property and continue the project. He suggested trying to join the existing parcels and the one to the left and expand off street parking; there is a way to eventually eliminate on-street parking. Laura Rappaport asked about the possibility of a garden in the green space. Ed Spychalski said that some of the state funding agencies require playground areas. He said they need to identify this area; and it is only fair that the children that live here have safe place to play. Dan Gaba expressed a concern that the on-street parking is unsafe, would present an issue for DPW regarding plowing and street maintenance and he does not like the appearance of the proposed parking plan. Ed Spychalski said they are trying to build a community here and the State’s mandates continue to impact the development money. He is becoming concerned that the stimulus packages pending in New York State will impact the availability of good contractors. He is afraid that the project will not be finished in time and the contractors will be unavailable for this project because they will be going where the money is. Ed Spychalski said that it is hard to plow pocket lots; he plows the lots at Jefferson Terrace, Vanderbilt Terrace and Stonequist and it is easier to keep a street clear. He said another alternative for parking involves pushing the building back. He explained that the revitalization money from the City’s Community Development Block Grant will be used for the mechanical system and all interiors. The Saratoga Housing Authority will install lights in front of the building where there are none at this time. He said that without rent, it is hard to carry a mortgage and there is no p.i.l.o.t. (payment in lieu of taxes) on the property. The Saratoga Housing Authority will manage the property and it will be a beautiful affordable community where one to three-bedroom apartments can be rented for $600 to $800 per month. Ed informed the Board that the Saratogian would soon feature a story on the project. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 14 of 17 The Board discussed the two parking scenarios and Lane Brooks said that diagonal parking is more expensive. Phil Klein agreed and added that is addresses the important issue of safety. He suggested pushing the building back for future expansion. Clifford Van Wagner said that the project benefits the City and he hoped that the Department of Public works could cooperate to help mitigate costs. Jaclyn Hakes encouraged Ed Spychalski to apply for grants from foundations. She also suggested a phased approach for parking; there are 12 existing spaces and 15 proposed units and at the Planning Board’s workshop, the proposed 1.5 cars per unit was considered excessive. She said that if grant money is obtained, Mr. Spychalski could open an existing area as a parking lot temporarily, 18 spaces would be enough until phase 2. Lane Brooks said that the dumpster would be located across the street. He said there would be a central mail box but the location has not been finalized with the Post Office. Jamin Totino suggested putting in half the trees now and save money to install a median in the future. Ed said that the Saratoga Housing Authority would always plant trees. If the City paves, the SHA could pick up the trees. PUBLIC HEARING: Clifford Van Wagner opened the meeting to public comment but no one spoke. SEQR: It was noted that this is an unlisted action; unlisted actions doe not require coordinated review. The applicant has provided a SEQR short form, part 2. Jamin Totino moved that based upon the information provided by the applicant in Part I of the SEQR Short Environmental Assessment Form and analysis of the information provided and presented in Part 2 of the SEQR Short Environmental Assessment Form, it is the Board’s opinion that the project will not result in any large and important impact(s) and, therefore, is one that will not have a significant adverse impact on the environment; and the Planning Board hereby issues a SEQR Negative Declaration for this action. Phil Klein seconded the motion. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7- 0 DECISION: Jamin Totino moved to approve the site plan for 15 affordable units at 38 Allen Drive with the following conditions: 1) The Saratoga Housing authority will provide three historic street lights to be installed in the front of the property by the City. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 15 of 17 2) The parking layout identified as Alternative B with diagonal parking in front of the building shall be installed. Phase 1 of the parking installation shall include the temporary paving of up to 9 additional parking spaces adjacent to the existing spaces. Phase 2 of the parking installation shall include the diagonal parking with a sidewalk and street trees in the plan ting strip. Phase 2 shall occur as quickly as funding is available. 3) A total of 9 trees shall be installed in front of the building as Phase 1. Once Phase 2 of the parking has been completed, the remaining 9 trees shall be installed as street trees in the planting strip. 4) The building will be moved further to the east to allow for Phase 2 of the parking condition. 5) Sidewalks and other streetscape amenities shall be included on the site plan and installed as funding becomes available. The applicant agrees to apply for funding sources as soon as possible. 6) The application fee of $1,400 shall be waived. 7) All technical issues must be completed to the satisfaction of the City Engineer. Seconded by Amy Durland. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7-0 APPROVAL OF MINUTES Jamin Totino moved to approve the meeting minutes of February 25, 2009, with submitted changes. Seconded by Philip Klein. Laura Rappaport did not attend the February 25, 2009 meeting so she abstained from voting. Vote: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Clifford Van Wagner, in favor. Motion carries 6-0-1 (Abstention due to absence: L. Rappaport) Michael Perkins moved to approve the meeting minutes of March 11, 2009 with submitted changes. Seconded by Jamin Totino. Vote: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Jamin Totino, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Clifford Van Wagner, in favor. Motion carries 7 - 0 NEXT MEETING The next Planning Board meeting is scheduled for April 16, 2009 at 7:00 P.M. City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 16 of 17 ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 11:31 P.M. Respectfully submitted, Nancy Wagner Recording Secretary City of Saratoga Springs Planning Board Minutes – March 25, 2009 - Page 17 of 17