Planning Board

PLANNING BOARD MINUTES WEDNESDAY , APRIL 16, 2009 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Amy Durland, Laura Rappaport, Philip Klein, Dan Gaba ABSENT: Jamin Totino, Vice-Chair; Michael Perkins STAFF: Jaclyn Hakes, Principal Planner CALL TO ORDER Clifford Van Wagner called the meeting to order at 7:00 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 indicated that only 5 Board members are present tonight; therefore, votes will be the best 4 out of 5. POSTPONED/CANCELLED PROJECTS McDonalds rebuild, 197 South Broadway; the Planning Board and DRC have recommended that the applicant make a few changes on their plans. There will hopefully be a joint meeting with the Planning Board and Design Review Commission to assist the applicant with their drawings. Beaver Pond Village, 98 Geyser Road, has been adjourned to April 29, 2009. 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. APPLICATIONS  09.006 Best Western Pool, 3291 Route 9 This is a site plan modification of a motel in a Tourist Related Business District. Jaclyn Hakes gave some background, stating that the site plan for the expansion of the Hotel was approved in April of 2003, then called Playmore Farms. A sketch discussion occurred in November of 2008 to discuss this modification to the site plan, no major issues were raised by the Board. The applicant has received Design Review Commission approval for the demolition and mass and scale for the footprint of the structure in December of 2008, but needs to get final review from the DRC for architectural details. The modification tonight is focused on the pool area. Of the two structures on the parcel, the one closest Route 9 will be demolished and the replaced by the pool house. Appearing before the Board were David Myers, owner of Myers Engineering in Clifton Park, and Modasser Hussain, owner of the Best Western. David Myers presented engineering sheets, Sheet 2 shows the as-built condition of the existing facility. He said the green space shown was permitted in 2003 for an in-ground outdoor pool, which wasn’t built. This application proposes to demolish the free-standing building to make room for the new pool house. The building will be a one-story vaulted ceiling building 35 feet by 60 or 70 feet long. There will be a small mechanical room, a couple of bathrooms and a work-out room. The door will empty out into a covered walkway to the hotel, and there will be sliders onto the patio. He said little, if any, of the infrastructure of the Best Western will be modified. Sheet 3 shows a change to the in-ground drainage system, because one yard drain to a catch basin would be covered by a sidewalk, so they will place new catch basins on either side of the walkway. Sheet 4 depicts the erosion control plan with a silt fence around the project area. There will be filter fabric protection of some of the existing catch basins, which run inside the “L” with flow from the free-standing building to the hotel, and also pick up roof drainage. He said a new SWPPP has been prepared that speaks to erosion sediment control for the drainage system. He said the new arrangement will result in 20% less runoff, mostly because the building with the big roof is going away. David Myers said this is a concept plan. Jaclyn Hakes repeated that the Design Review Commission approved the footprint only, the details of the structure still need to be reviewed. David Myers said all he knows about the structure is that it will be a one-story, vaulted ceiling, pitched roof with a pool in the middle of it. CITY COMMENTS: The Department of Public Works suggests utilizing the existing paved parking lot as a stabilized construction entrance. Amy Durland asked for a description of what the building will look like. She said the Board is not usually in the position of making site plan decisions based on a concept plan. Mr. Hussain said the plan had been approved in a previous meeting. Clifford Van Wagner stated this is the first time this Board has seen the plan for the pool house for the site plan. Jaclyn Hakes said the footprint is set for the structure with partial approval from the DRC. Clifford Van Wagner City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 2 of 9 emphasized the footprint has been approved and cannot change, and the DRC will look at the aesthetics. Mr. Hussein said what has been approved will not change. Amy asked for a description of what it will look like, because it will be visible from the highway at an entranceway to the City, so the location, arrangement, size, design and general site compatibility of the building is within the purview of the Planning Board’s site plan review. She said ideally this board would have a rendering of what it will look like. Mr. Hussain said they gave this information to Jackie. Jackie said that is not a part of this application, she doesn’t have any elevations. Mr. Hussein said it will be all glass, he doesn’t know how tall it will be, it will be a single-story. David Myers said Mr. Davis, the architect, said this new building will fit with the hotel better than what is existing. PUBLIC HEARING: Hearing none. Clifford Van Wagner said there is a lot unknown, so he would like the applicant to proceed with the Design Review Commission and return to the Planning Board with something that shows the criteria the Planning Board needs. Amy Durland said besides the criteria she previously indicated that the Planning Board looks at, this Board also is responsible for seeing a landscaping scheme, among other things. Mr. Hussein said they have received approvals from DRC, there was only a storm water issue to address. Amy said storm water is also this Board’s responsibility to review, but it has broader reviews. Dan Gaba said the landscaping plan needs to be in relation to the building, which this Board doesn’t have. David Myers asked if there can be a conditional approval. Clifford Van Wagner said there is no other way to resolve this other than coming back with more than a single line drawing. Mr. Myers said if the Board has reviewed favorably the drainage, layout, landscaping without the building, he can turn the project over to Mr. Davis, who can appear once again. Clifford Van Wagner said this Board is not going to make a conditional vote tonight, because the building is part of it. Jaclyn Hakes clarified that the DRC has only given a partial approval, there are still additional approvals by them required. She stated that before a building permit can be pulled, there has to be site plan approval and complete DRC approval. Mr. Hussain said the only issue with the DRC was storm water management and landscaping. Jackie indicated the written DRC approval indicates that “The applicant shall return for approval of the height, slope and building materials and details”, which is required for final approval for DRC. Cliff informed the applicant that there is a road he has to travel down, and he hasn’t traveled down the entire road yet, and the Board cannot approve something that is not complete. He said the applicant will re-appear for a continuation, the public hearing will be left open and there will be no re-application fee. He said Jackie will assist the architect with a list of things that need to be done before they appear back in front of this Board, and Brad Birge will assist them with what they need for the DRC. Philip Klein requested that Sheet 2 of the presentation be put on the overhead.  09.008 Spa Hotel II, 11-47 Excelsior Avenue This is a lot line adjustment to merge two parcels in a Transect-5 District. Jaclyn Hakes gave an overview of why the applicant is here now, based on what was approved previously. There are 2 parcels, the Marriott Hotel at 11 Excelsior Avenue, and the adjacent lot at 47 Excelsior Avenue. These went through the approval process as 2 parcels. The Hotel received a special use permit in November of 2002, this was modified in March of 2003, and site City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 3 of 9 plan approval was received in March of 2003. 47 Excelsior Avenue received a special use permit for an eating and drinking establishment in July of 2006, received site plan approval in March of 2007, and a site plan modification in July of 2008. The applicant wishes to merge the two parcels together; as a result, they must modify the special use permit to allow the use of the hotel as well as the banquet facility, they are requesting removal of the restaurant portion of the special use permit, and they need to modify the site plan so it is treated as one site as a result of the merger. The site plan modification last summer involved shifting the building closer to the street so there would be less blasting and the retaining wall was reduced from about 40 feet down to 10 feet. Appearing before the Board were Stephanie Bitter, project attorney, Jay Hopeck, project architect, Jim Miller, landscape architect, J.T. Pollard, project architect, Todd Fisher, from Equinox and Michael Marsh, project architect. Stephanie said there are actually 3 tax parcels that are being merged. She also clarified that the banquet facility has a 240 seat capacity, not 250 as stated in some of the materials. Jim Miller said the current application has eliminated some parking on the hotel site and has avoided some retaining wall. The new parking configuration meets all city requirements. They have received a zoning variance for the setback because of the utility easement containing sewer lines and storm sewers which run along the front of the building. The front terrace will be brick set on a stone base with a 2-foot segmental retaining wall around it, which can be disassembled in order to access the sewer lines. The retaining wall will be about 8 feet and will taper down to nothing, the bank will be stabilized with erosion control fabric and landscaping. The sidewalk will extend all the way across the property with a crosswalk over to the Spring and the historic street lights will be extended down. Some trees will be added across the property as a connection to the spring, but they will avoid the overhead wires. Clifford Van Wagner asked if there could be a sidewalk along the parking lot to meet the sidewalk across the front. Jay Hopeck said there are manholes that need to be avoided and there is a slope that would require installation of a ramp with handrails. He said they could bring it to the handicapped spots, but they prefer not to bring it up the slope. Cliff said is could be a safety issue having people walk in the parking lot. Jay said a lot of people will park above anyway because this is not a day to day restaurant, it is per event only, and guests will come from the hotel down. Phil Klein asked if there will ever be a public restaurant, Jay said it will be banquet/conference room addition to the hotel, pre-function spaces and a warming/catering kitchen. Jay Hopeck said it is considered a 4-story building by code: the first floor is banquet and support, the second floor is office and storage, the third floor is the roof area with the circulation core, one elevator, a small lobby, and the fourth floor is the connector, an elevator and lobby. Amy Durland asked if it is ADA compliant, Jay said 100%. Laura Rappaport asked if the entrance ramp could be moved from the opposite end to the end nearer the parking spaces. Jay Hopeck said this would cause them to lose parking spaces. Laura Rappaport asked if there was any thought to greening the roof. Jay Hopeck said there will be planters. Jim Miller said to plant grass would add a lot of weight and be a maintenance issue. Cliff Van Wagner verified that parking requirements will be met. Jim Miller stated that they have a reciprocal agreement with the gym across the street to share parking. He said they will know in advance if there is an issue. Jay said they have 2 vans and several properties that can accommodate overflow parking should they need it. City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 4 of 9 Phil Klein asked how parking lot drainage will occur. Jim Miller said the New York State Department of Environmental Conservation waived detention requirements, the water drains down to Spring Run. Paul Male, City Engineer, said he would prefer this rather than detaining it. The flat roof will tie into the sewer. SEQR: Jaclyn Hakes said this is a SEQR Type II action, no review is required for the lot line adjustment. PUBLIC HEARING: Hearing none. DECISION: Motion by Philip Klein to approve the lot line adjustment with the following conditions: 1. Two mylars and 2 paper copies of the revised boundary line must be submitted for the Planning Board Chair signature 2. The applicant is responsible for filing with the Saratoga County Clerk within 62 days of the Chair signing Seconded by Amy Durland. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent.  09.016 Spa Hotel II, 11-47 Excelsior Avenue This is a public hearing for a special use permit modification for a banquet facility in a Transect- 5 District. Clifford Van Wagner said the special use permit that was approved in 2003 was for the hotel only. If the special use permit is modified, then the site plan has to be modified. The 2003 special use permit allowed for not more than 14 dwelling units being constructed, which is no longer requested. All of the other conditions have been met. The July 12, 2006, special use permit for the restaurant is off the table now. Jaclyn Hakes said the Board may wish to identify that the banquet facility should be limited to 240 seats with 48 parking spots. Clifford Van Wagner said the Board should vote to reaffirm the previous SEQR negative declaration. PUBLIC HEARING: Hearing none. SEQR DECISION: City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 5 of 9 Motion by Dan Gaba to reaffirm the SEQR negative declaration on the basis that this does not constitute a material change and, in fact, it reduces the intensity of the use on the land. Seconded by Laura Rappaport. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent. SPECIAL USE PERMIT DECISION: Motion by Philip Klein to approve the modification of the special use permit with the following conditions: 1. A hotel that has 144 permitted rooms 2. A meeting space that will accommodate up to 175 people and at a maximum of 2,500 square feet 3. The restaurant facilities in the hotel are limited to breakfast and will be served for no more than 50 seats 4. The requested attached banquet facility has a number of seats not to exceed 240 with an associated need of 48 new parking spots Seconded by Laura Rappaport. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent.  09.014 Spa Hotel II, 11-47 Excelsior Avenue This is a site plan modification for a banquet facility in a Transect-5 District Clifford Van Wagner indicated that the zoning requirements have been met because the Zoning Board of Appeals granted relief for the build-to-line and frontage. Amy Durland stated that there had been previous discussion about planting arborvitae and 10 trees along Route 50 by the fence as a mitigation to neighbor concerns about noise. Jim Miller said the existing pine trees have high crowns and are in the Route 50 right-of-way, so the applicant had discussed planting 10 spruce trees; however, there is bedrock which doesn’t provide much room. He said the Department of Transportation didn’t have a problem with planting in the right-of-way, but there was an issue about the applicant providing insurance in case of an accident involving the trees. He said they will try to fit them on their property between the bedrock and fence. Clifford Van Wagner said the neighbors will hold this Board accountable for this as well as the applicant, so it has to be done. Clifford Van Wagner said the driveway width for the banquet facility appears to be 28 feet wide. Jim Miller said it is 28 feet at the sidewalk, which exceeds the City’s 24-foot maximum. He said they did this for easy access. City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 6 of 9 Clifford Van Wagner asked what the term of the agreement is with National Grid. Jay said he believes it is for 5 years. Cliff asked how many spaces they will lose if that falls apart. Jim Miller said about 9 spaces. Jay Hopeck said this agreement has been in place for years, so he doesn’t anticipate a problem. He said this land is landlocked and unusable. Cliff asked if there any more space available just in case. Jim and Jay said there is on the inside on the right as you drive in. Clifford Van Wagner said site plan approval is contingent upon Paul Male’s approval of the SWPPP. Jim Miller said Paul has reviewed it and found no significant problems. Cliff said approval with this condition has been done in the past. Phil Klein asked the applicant if they will be pushing snow over the hill behind the facility. Jay Hopeck said no, there is a chain link fence there. Dan Gaba expressed concern about extending the sidewalk up the side of the building next to the parking lot. Clifford Van Wagner asked how far the sidewalk could go before the grade difference becomes a problem, Jay Hopeck said 3 spaces. Laura Rappaport stated she likes the green space there better, and people do walk across parking lots. Amy Durland asked if a section of sidewalk could be added next to the handicapped space for better access to the front sidewalk to the entrance. Jim Miller said they will study this possibility, but they have to consider utility placement. Amy Durland asked if the planting plan could increase the buffering capacity in front of the lower parking lot. Jim Miller said the drawings are not accurate, the shrubs will be 4 feet tall, and they drop down at the entrance for visibility. Laura Rappaport asked if the subject of the blank wall next to the parking lot has been addressed by the Design Review Commission. Jay Hopeck said this is being addressed with the DRC. Amy Durland requested that the Planning Board convey their specific comment about this to the DRC. PUBLIC COMMENT: Hearing none. Amy Durland requested that the site plan modification motion be conditioned upon planting a tree buffer to Route 50 in the upper parking area of 10 evergreens. She said if this is not practical, perhaps it can be addressed through an administrative action. Jaclyn Hakes said that is currently illustrated on the site plan. Clifford Van Wagner said it is worth reaffirming. SEQR DECISION: Motion by Philip Klein to reaffirm the SEQR negative declaration on the basis that this does not constitute a material change and, in fact, it reduces the intensity of the use on the land. Seconded by Dan Gaba. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent. City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 7 of 9 SITE PLAN DECISION: Motion by Clifford Van Wagner to approve the site plan modification for the now combined hotel and banquet facility with the following conditions: 1. The applicant will revisit DRC for their final approval 2. The SWPPP and Letter of Credit be finalized by the City Engineer 3. As previously mandated at the last site plan, the buffer along the parking lot along Route 50 on the west side of the parcel be improved minimally with 10 trees 4. Buffering in the lower parking lot be maximized to the extent possible 5. The sidewalk on the southeast corner of the lower parking lot be improved with additional concrete, particularly adjacent to the handicapped parking spots Seconded by Dan Gaba. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent.  09.017 Lands of Hearthstone Development, Route 9N (Church Street) This is an extension of a subdivision approval in an Urban Residential-1 District. Jaclyn Hakes explained that about a year ago this Board reviewed the Long Environmental Assessment Form and classified this as an unlisted action under SEQR because it did not exceed any of the Type I thresholds identified in the DEC SEQR regulations. A negative declaration was issued and the subdivision was approved. Subsequent to that, it has come to light that the Department of Health has their own separate SEQR regulations, requiring a coordinated review, of which the Department of Health is an involved agency. As a result, the Board is being asked by the applicant to reclassify this as a Type I action, initiate coordinated review, the two involved agencies would be the Department of Environmental Conservation and the Department of Health, and the Planning Board will request lead agency. After the coordinated review is initiated, letters will be sent to the involved agencies, who then have up to 30 days to respond and the SEQR can proceed. After conferring with legal counsel, since there is no project change, counsel is comfortable with the Board reaffirming the SEQR negative declaration. After SEQR has been completed for the second time, this Board can then vote on the extension of the subdivision, which has not expired. She said the Board did work closely with SHPPO, because there were some archeologically sensitive areas identified and were avoided as part of the subdivision process and the SEQR review. Appearing before the Board was Marisa Coppola, attorney for the applicant, who added that the Department of Health’s new rule applies to subdivisions of 5 lots or more, not all subdivisions. PUBLIC HEARING: Hearing none. City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 8 of 9  DECISION: Motion by Clifford Van Wagner to initiate coordinated review and request the Planning Board as lead agency, knowing that the two involved agencies are the New York State Department of Environmental Conservation and the New York State Department of Health. Seconded by Laura Rappaport. Vote: Amy Durland, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 5-0, 2 absent. NEXT MEETING The next Planning Board meeting is scheduled for April 29 at 7:00 P.M. ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 8:58 P.M. Respectfully submitted, Kathleen Livsey Recording Secretary Adopted: May 13, 2009 City of Saratoga Springs Planning Board Minutes – April 16, 2009 - Page 9 of 9