Planning Board

PLANNING BOARD MINUTES WEDNESDAY , JUNE 10, 2009 7:00 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 ALSO PRESENT: Mark Schachner, Counsel (arrived at 8:45 P.M.); Stuart Mesinger, consultant CALL TO ORDER Chair 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. POSTPONED/CANCELLED PROJECTS 09.025 Weibel Avenue Retail/Office, 72-74 Weibel Avenue, adjourned to an unknown date. COMMENTS FROM THE CHAIR Clifford Van Wagner announced the Joint Land Use Boards meeting on June 30, 2009, at 7:00 in the Music Hall. This is open to the public. There will be a presentation on compete streets. PRIVILEGE OF THE FLOOR Clifford Van Wagner gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. Hearing none. LETTER OF CREDIT 06.007.2 Two West Avenue, 2 West Avenue Clifford Van Wagner stated that the Planning Board granted site plan approval for this application on January 18, 2006; a site plan extension was granted December 10, 2008, and a Letter of Credit Extension was offered on December 12, 2007, as an 18-month extension. The existing letter of credit is $164,800, there is no request for a reduction, the request for an 18- month extension. Jaclyn Hakes said there had been a question with regard to installation of buffering, this has been installed. Secondly, regarding installation of the water line on Church Street, the applicant will work with the city on installing that or providing resources for the city to install that. Appearing before the Board was Gerard Wise, 7 Cherry Tree Lane, Wilton, who said they have installed the buffer and have removed some of the SWPPP controls that were getting worn in order to beautify the site. He said he views the installation of the water line as part of the project; therefore, it is not feasible to do that on his own right now. Jaclyn Hakes said Paul Male saw no concerns with the extension of the Letter of Credit as is, he just asked for clarification with regard to the water line. Gerard Wise said he will coordinate their section of the water line with the City. PUBLIC COMMENT: Hearing none. DECISION: Jamin Totino moved to extend the Letter of Credit for a period of 18 months to expire December 31, 2010. Seconded by Philip Klein. Vote: Jamin Totino, in favor; Amy Durland, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 7-0. APPLICATIONS  09.031 Subdivision of Lands of William and Laura Darcy, 90 Crescent Street This is a public hearing for a 2-lot subdivision in an Urban Residential-2 and Urban Residential- 4 District. Clifford Van Wagner stated that this property received an area variance for a front yard setback on May 14, 2009. The lot is in 2 separate zoning districts. There is a house on the west property, and the request is to put another house in. Appearing before the Board were Jim Doyle and Bill Darcy. Jim Doyle said he owns 2 properties on Jefferson Street. His plan is to subdivide the land and build a house for City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 2 of 11 Mr. and Mrs. Darcy, in turn he will take over the house they currently own and the lands behind, which abuts his property. He said he would be happy to add whatever trees/foliage work requested by this Board. He said he would like to hookup to the city’s new storm system, pending cost considerations. Failing that, he will do a self-contained system, as he did on Jefferson Street. He said he would assume the water table would be the same as a house he built on Jefferson Street; however, he has allowed to come up a couple of feet if necessary. Bill Darcy said his current house was used as a two-family, but they use it as a one-family. Jim Doyle said he will use it as a one-family, as indicated on the subdivision plan. He said he has no immediate plans to do anything else with the property other than perhaps a pool or tennis. Jim Doyle said he proposes angling the house on the street to be visually pleasing within the parameters of the block. Jaclyn Hakes said there is about 18 feet from the right-of-way to the easterly corner of the covered porch. Clifford Van Wagner asked if the two existing trees will remain. Jim Doyle said given where the driveway will go and the excavating, the large tree will go. Cliff asked if the tree on the east property line will stay. Jim said if at all possible, he’ll keep them all; however, if it is not possible, he will replace whatever this Board requests. Jim said the one close to the macadam driveway will stay. PUBLIC HEARING: Hearing none. Clifford Van Wagner summarized: the applicant has indicated that the existing two-family house will revert back to a single-family house; the applicant has indicated that the tree that is to the far east of Lot 1 is going to stay, the birch and the other maple will be removed, the Planning Board can ask for trees at 100-foot intervals on a lot that is greater than 100 feet; the applicant has indicated that he is willing to put in a minimum of 2 trees. Jaclyn Hakes said decorative lighting will be added to this neighborhood in the future. Jim Doyle said this would increase the value of the property, so he is fine with adding that. Staff has requested the nearest fire hydrant to be shown on the plans. A basic SWPPP would be required; however, Paul Male has agreed to the contribution of a fee in lieu of installation of a storm water facility. Jim Doyle said a silt fence and gravel where the driveway will go have been added to the building plan. Jim Doyle agreed to contribute $20,000 toward extending the storm water line in lieu of the SWPPP. Phil Klein explained to Mr. Doyle that the $20,000 will be put in escrow to be available to the city when the line reaches him. In the meantime, a storm system will have to be installed. Jaclyn Hakes said this money would provide the city with the ability to extend to the intersection of Crescent, then the applicant would be responsible to connect to that extension. Jim Doyle indicated that that would be acceptable to him; however, to contribute $20,000 toward the city’s lines, and then spend $20,000 for a separate system would be burdensome. Jackie said the city has no plans to go ahead with the extension, because there are no funds to do so right now; however, if this were to be provided, Paul Male said he felt they would be able to do something. She said, however, she doesn’t know about the timing. Jim Doyle said he would be willing to stay the application for one or two weeks, giving his testament right now to contribute $20,000, and work out the details of the city’s storm system with Paul Male. City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 3 of 11 SEQR: The Planning Board reviewed Part II of the SEQR Short Environmental Assessment Form, indicating a change to C-4. SEQR DECISION: Jamin Totino stated 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 II of the SEQR Short Environmental Assessment Form, I find that this project will not result in any large and important impact and is, therefore, is one that will not have a significant adverse impact on the environment. I move to issue a SEQR Negative Declaration for this action. Michael Perkins seconded. Vote: Jamin Totino, in favor; Amy Durland, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 7-0. The public hearing was left open. The subdivision application will be tabled. The applicant has agreed to a minimum of 2 street trees, the applicant has agreed to one street light, the applicant has agreed to contribute an amount up to $20,000 in lieu of a storm water management facility to be used by the city for storm water management improvements. Staff will tighten up the potential time frame for the storm sewer line extension. Jim Doyle questioned how power will be brought to the street light. Jackie said most likely until there is an extension from the lights on Crescent Street, it would be the applicant’s responsibility to extend power from the house. The applicant will return in 2 weeks.  09.032 Weibel Avenue Mixed-Use Development, 60 Weibel Avenue This is a public hearing for a special use permit for various commercial uses in a Transect-4 Urban Neighborhood District. Clifford Van Wagner indicated that tonight the Planning Board will hear an overview of the project, the public hearing will be opened, and the goal is to initiate coordinated review with the Design Review Commission. Appearing before the Board were Dave Carr and Michael Tuck. Dave Carr said there were four approvals associated with this site. The site was granted a special use permit in November of 2004, which was amended in July of 2005, there was a site plan approval in November of 2005 and during that process the applicant at the time, who was different, received a variance on building height. That site was a mixed use office building of 150,000 square feet between two buildings. The site is approximately 12.6 acres on the east side of Weibel Avenue. Bordering City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 4 of 11 the site to the south is the access road to the PBA range. The site is in a T-4 zone., which is intended for new residential areas within a block or grid, which should be served by alleys. In addition, small scale commercial uses are allowed. Minimum height is 2-story, small scale office, service, restaurants with upper floor residential, on street parking, street trees, sidewalks and lighting. It should include civic spaces and parking and service areas should be accessed by alleys. The site is part of the Weibel Avenue northern area of the Comprehensive Plan, which was intended to allow a mixture of land uses. The LA Group had previously been asked by the Planning Board to formulate a master plan for this area, which was used as a possible build-out for the area to project traffic out to 2015. The site slopes from north to south and is very sandy. Test pits were done in 2005 and the water table ranges from about 13 to 16 feet below the surface. Archeological field work has been done, as well as looking for lupine and Karner Blue butterflies. Dave Carr said they are proposing 21,800 square feet of mixed use commercial space in the two buildings on Weibel Avenue, with 52 inside parking spaces on the first level. The upper two floors would include 82 apartment units. Behind those buildings are 5 more apartment buildings with 96 luxury apartments, each apartment with an inside garage parking space and an outside surface space. The primary access would be from the PBA intersection, which would be upgraded to a full city street. A main street would run down the center of the development, with alleys off of that. The site is on the CDTA bus route, so a bus stop would be included. The total number of parking spaces would be 409, where 380 are required. There may also be an opportunity for an indoor/outdoor recreation area within the grid, which could serve the public in general. Dave Carr said they will connect to the water line on Weibel Avenue. He said sewer will be by gravity to a pumping station at the southern end of the ice rink, then it would be pumped across Route 29. Regarding storm water, the site is very sandy, which would provide good infiltration. He said the city is interested in discharging the storm water into a stream along Weibel Avenue. The other alternative for sanitary sewer would be to go north, which would be much more difficult because the entire system would have to be pumped. Phil Klein said long-range capacity should be considered. Dave Carr said the Creighton-Manning study recommended adding a left turn center lane on Weibel Avenue and an extra left turn lane coming out of the PBA field. Michael Tuck reviewed the buildings and architecture. The 2 structures on Weibel Avenue are 3 stories, rural in character, with gabled roofs. There will be efforts made along Weibel Avenue to break down the scale of the buildings. On the ground floor there is roughly 10,000 square feet of leasable commercial space. There would be 26 covered parking spaces to the north and another 26 to the south. The second and third floor apartments would be 1 and 2-bedroom units, ranging from 850 to 1,200 square feet, at market rates. The total count would be 82 residential units in these larger structures. In the back area, there are 6-unit and 12-unit residential buildings. These building units will be smaller than in the larger buildings, totaling 84 units, with 84 interior parking spaces. In the center of the development there will be two 6-unit buildings of the same mix, with parking. Phil Klein asked if the project will be phased. Dave Carr said they don’t know, but it probably would be. Michael Tuck said the neighborhood would be connected by pedestrian pathways. Dave Carr said the main street down the center would be set-up to become a city street with setbacks and right-of-ways. Amy Durland noted that the there were additional items that would have been useful in the previous traffic study. She said the thought was that the main street within the neighborhood City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 5 of 11 would take some pressure off of Weibel Avenue. There was also fair share discussion about improvements in that area. Dave Carr said that was when there was another developer, but they are the only one at this point. Amy said the Comprehensive Plan talks about significant buffering in this area. Dave Carr said he interpreted that to be talking about the residential areas that they are a long way from. Amy said it would be helpful to have more information about a sewer hookup to the Hannaford Plaza. Amy asked if affordable housing has been considered for any of the non-luxery apartments. Dave Carr said not yet, but they will discuss it. Clifford Van Wagner said in the past the Planning Board has asked for a map of the adjacent properties. Dave Carr said he will add that to the aerials. Laura Rappaport said traffic will have to be a real consideration. She said buffering is always important. Jamin Totino said the number of units proposed requires so much parking, that it moves away from the intent of the T-4 district. He said the access point to the mixed use buildings will be in the back, which takes away having mixed use on the street with a usable façade. Dave Carr said they can’t do additional curb cuts on Weibel, and they need to provide parking behind the buildings for the commercial uses. Jamin suggested the PBA road being the frontage rather than Weibel Avenue. Amy Durland said large apartment buildings may or may not be consistent with the neighborhood feel that the T-4 zone anticipated. Michael Perkins said he would like to see alternative layouts. He also feels traffic will be the biggest obstacle from an environmental standpoint. PUBLIC HEARING: Hearing none. The public hearing will remain open. SEQR: This is a Type I Action under the SEQR provisions. DECISION: Jamin Totino made a motion to initiate coordinated review with the Design Review Commission, with the Planning Board as lead agency. Laura Rappaport seconded. Vote: Jamin Totino, in favor; Amy Durland, in favor; Michael Perkins, in favor; Laura Rappaport, in favor; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor Motion carries 7-0. The Board recessed from 8:45 P.M. to 8:55 P.M. (Mark Schachner arrived 8:45 P.M.) City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 6 of 11  09.027 Darley Stud Management Zoning Amendment, 36 Nelson Avenue This is an advisory opinion to the City Council for a zoning code amendment to change the parcel from Rural Residential-1 to an Institutional Horse Track Related District. Appearing before the Board was Michael Toohey. He defined a horse racing facility and/or race track training facility. He said what makes a track a track is the function of paramutual wagering. He also defined a horse training facility, including its prohibited uses. He said all the properties in this zone fall into those general uses. He said the horse facilities on Gridley Street do not seem to fit into anything that is allowed in the present category. By introducing the term “horse training facility” you give them a definition. Jaclyn Hakes stated that she researched amendments made to this district from 2001 to now. She said there was an amendment in May of 2002 with regard to property on Lincoln Avenue as well as Frank Sullivan Place changing it from a UR-2 District to an Institutional Horse Track Related District. Amy Durland spoke about the prohibited use regarding restaurants or concession stands, not to include on-premise facilities for feeding employees and customers. Mike Toohey said this allows for feeding employees and customers on premises, without it being paid for. He said this is the only permitted use listed in this section, all others on the list are prohibited. He will reorganize this section to be more clear. Mike Toohey said customers are people who are on the property boarding horses, breeding horses or buying horses. Jamino Totino requested that this be spelled out. Jackie Hakes said they would be “business related customers”. Amy Durland said she is concerned about listing prohibited uses, because something may come up that wasn’t anticipated, and it would be seen as evidence that it’s allowed. Mike Toohey said you only can do the things that you are allowed to do in this section. Jamin Totino pointed out that a parking structure is an allowed accessory use, and he asked what that refers to. Mike Toohey said in the future there may be a use for 2 levels of parking, rather than a sea of blacktop. He said he can clarify that this wouldn’t be for public parking. Clifford Van Wagner suggested taking the word “structure” out. Mike Toohey agreed. Jamin Totino asked what the prohibited use “paramutual racing hotel” means. Mike Toohey explained that 15 years ago it was the precursor to what OTB is now. Jamin requested that be stated as “hotel and/or motel”. Mike Toohey agreed. Laura Rappaport asked about the prohibited use “medical care facility for on-premise employees”. Mike Toohey stated this is to attempt to eliminate the concern that this would a clinic for the public that would compete with Saratoga Hospital. Laura expressed concern with regard to the requirements of site plan review and special use permit. Laura also noted that the new definition would include properties on which horse sales facilities only are located, and if this is the case, could owners build lodging on such properties. Mr. Toohey responded yes. Mike Toohey and staff have suggested combining “horse racing facility” and “race track training facility”, into one definition, because those tracks serve both functions. Clifford Van Wagner said he prefers they be kept separate. Mike Perkins indicated that he feels they should be combined. Jackie Hakes stated there is a definition for “horse training facility” as proposed by the applicant. She said there is currently no definition for “race track training facility”. The only distinction is that the “race track training facility” is in association with a “horse racing facility”. Amy Durland indicated that, given the complexity of this section of the ordinance, it should be City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 7 of 11 vetted by an attorney for the city. Jamin Totino suggested adding to the advisory opinion to the City Council, that the definition of a “horse racing facility” be more clearly defined. Amy said she thinks that should be addressed first by the city, and then the applicant should be applying for a map amendment, because one is dependent upon the other. Mike Toohey said all he is requesting is to have “horse training facility/living facility” permitted and that prohibited uses be defined. He said his application is not dependent upon a review of the section. Laura Rappaport said she disagrees, because this application has raised a red flag in the community which should be addressed. Mike Toohey said he doesn’t think that is a fair burden to be placing on this application, and he doesn’t think the request is exacerbating any problem, but it is beginning to help to define the answers. He said the applicant is planning to bild lodging for employees and does not want to winter build, but would like to build in the fall. Jamin Totino stated he doesn’t think the Planning Board can hold the applicant to a re-definition of a horse racing facility, nor is it part of what the City Council asked for an advisory opinion on. Mike Perkins said he feels the proposed zone change is more consistent with the Comprehensive Plan. Amy Durland said it is part of the country overlay area, and she has concerns with a possible greater intensity of use in the future. Laura Rappaport agreed it is worth analyzing what could be built in the RR-1 district vs. INST-HTR. Clifford Van Wagner stated that a vote must be taken tonight. Jackie Hakes said it would not be possible to come to a conclusion of what could be built in the RR-1 district without identifying constrained lands, etc. Mike Toohey said Tom Frost indicates there are no wetlands and it is flat. Mike Toohey said their option is to preserve an historic horse farm for horse farm uses. PUBLIC COMMENT: Jackie Hakes said there is no public hearing requirement for an advisory opinion to the City Council. Laura Rappaport said a letter was received from Janette Kado Marino, 35 Jackson Street, Saratoga Springs, asking if the zone change would change the taxation of the property, and if the guest house could have a negative impact on people who rent to these people. Mike Toohey stated that it is illegal for that to be a part of this consideration, especially the tax side. He said zoning and planning and land use cannot be based on the taxability of the property that is under question. Clifford Van Wagner said the Planning Board has to be careful to heed the request of the City Council for an advisory opinion for a zoning amendment request. A vote must be taken tonight. Jamin Totino moved for a positive advisory opinion to the City Council for the zoning amendment based on the definition of a Horse Training Facility that has been proposed, including prohibited uses and concession stands and phrasing to the end of the paragraph and spell out business customers as opposed to customers, remove parking structure from permitted accessory use, to add hotel and motel to prohibited uses, to change the horse racing facility definition to have a period after the word permitted. In addition, training, breeding, sales or boarding of horses may take place. Also, the Planning Board queries the City Council with regard to the Institutional Horse Track Related Facility definition in general. Philip Klein seconded. Amy Durland made a statement: she said she will not support this because the intensity of use is potentially too high. While this is not part of the Conservation Development District, it is part of the city’s country overlay area. The development plan map shows this is the country overlay City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 8 of 11 area the same as Yaddo and distinct from the tracks. The country overlay area defines our city’s greenbelt. The Comprehensive Plan indicates that the country overlay area and open space values need to be considered when evaluating development proposals or any zoning amendments for areas included in the country overlay area. RR-1 to the Institutional Horse Track Related District is a transfer to a higher density of use, as reflected in the dimensional requirements of that zone. She said she believes there is a lack of control of the intensity of use on that property. She said the Institutional Horse Track Related District use table is bordering on dysfunctional; it is hard to read, hard to understand, over the years it’s been gerryrigged and pieced together with various uses and dates. It needs to be revised in a comprehensive way. As the city’s planners, we need to consider the effects of this zone and definitional change on all the properties within the zone, which number 35 or 40 properties. We still haven’t seen an analysis of those properties and we shouldn’t be making a change without taking a good look at that. Site plan review alone is not adequate for the non-horse related uses. Site plan might be an adequate level of review for those uses relating directly to horse training such as barns, stables and paddocks, but it is not adequate for the other new uses that are proposed in this zone: living quarters, living facilities for business customers, especially with the density limitations removed and the accessory uses of parking lots, private garages, assuming that parking structures are removed. She questions procedurally whether this is the appropriate way to proceed. Vote: Jamin Totino, in favor; Amy Durland, opposed; Michael Perkins, in favor; Laura Rappaport, opposed; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor Motion carries 5-2.  05.057 Beaver Pond Village, 98 Geyser Road This is a review of an 85-lot preliminary subdivision in an Urban Residential-1 District and a Rural Residential-1 District. DISCLOSURE: Dan Gaba owns rental property on Quevic Drive. RECUSAL: Michael Perkins recused from this application and left at 10:07 P.M. Jaclyn Hakes stated that at the last meeting the two topics the Board focused on were the conservation findings with regard to the conservation subdivision, and a series of technical comments that had been raised by Chazen Companies on behalf of the Planning Board, all of which were addressed at that meeting other than those regarding road tangents and cross- slopes. Appearing before the Board was Chad Cooke. Chad said he spoke to Paul Male, who said he did not have a problem deviating from city standards for road tangents, indicating that slower speeds, curvilinear alignments and tight curves are to be expected in a subdivision. He said Paul Male stated that he wants to maintain a consistent 2% cross-slope across the subdivision for positive drainage of storm water to the curb line. Chad said the other outstanding item is in regard to an additional survey at the intersection of Quevic Drive and Jane Street. He said this City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 9 of 11 will be done this week and will be incorporated into the next submission for final subdivision approval. Clifford Van Wagner stated that two weeks ago he gave an overview of the number of hearings and all the coordination of meetings and public hearings. He said Mark (Schachner) interjected a series of 6 of 7 other items covered by this Planning Board and prior Planning Boards. Amy Durland said she would like to see some sort of long-term analysis of the wetlands. She said especially in Parcel 2, it might make sense to impose a review process. Mark Schachner said if there is a valid concern from the Planning Board about a wetlands issue, it is possible that it could be legally addressed under the subdivision review and not create a problem in terms of the SEQRA review, as long as it is not addressed in a manner that is inconsistent with the Final Environmental Impact Statement. He said if the subdivision is built-out, there is nothing that would undo that which has been built. Stuart Mesinger said it is possible to devise such a plan, but changes are expected to the composition of wetlands over time. Mark Schachner said that would have to be limited to a monitoring requirement, one couldn’t then usurp vested rights for things that have already been built and the like if monitoring reveals some change that was unanticipated. Stu said the applicant would argue that the storm water management plan directs water to the wetlands in the same volumes as occurs at present. He said the analysis might be something to think about adding to the conservation plan. DECISION: Clifford Van Wagner made a motion for preliminary subdivision approval in accordance with the City’s subdivision regulations for the 85-lot Beaver Pond Village subdivision, located south of Geyser Road and west of Route 50 in the City of Saratoga Springs. The Planning Board, in accordance with SEQR regulations, has prepared and accepted and Environmental Impact Statement and issued a Positive Findings Statement for the proposed project on May 13, 2009. The Planning Board has made written findings identifying the conservation values protected and the reasons for protecting such land located within the RR-1 parcel. The following conditions shall apply: 1. The Planning Board waives the application of Appendix H of the Subdivision Regulations, which requires urban local streets have pavement widths of 28 feet, as per Article VII of the Subdivision Regulations for the portion of Jane Street measuring +/- 860 feet from its intersection with Quevic Drive. This section of Jane Street shall have a pavement width of 24 feet. The intent of this waiver is to reduce storm water runoff and wetland impacts resulting from the project 2. The minimum tangents and cross-slope requirements are also waived, as suggested by the City Engineer and as per Article VII of the Subdivision Regulations due to the lower speeds and curvilinear roadways and finds that granting of the waiver will not be detrimental to the health, safety or welfare. The conditions of this request are unique to the property and not generally applicable to other properties. The relief sought will not vary provisions of the Zoning Ordinance or the Comprehensive Plan. 3. The following requirements will be necessary in order for the applicant to receive final subdivision plat approval: a) execution of a Conservation Easement upon terms and with a grantee satisfactory to the Planning Board b) completion of an Open Space Management Plan satisfactory to the Planning Board c) receipt of all permits and approvals required for the New York State Department of Environmental Conservation, the United States Army Corps of Engineers, and the New York State Department of Health City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 10 of 11  d) compliance with all other applicable requirements of the City of Saratoga Springs Subdivision regulations relating to final subdivision plat approval Jamin Totino seconded. Amy Durland stated that she has some concerns that the archeological site buffers are going to be inadequate, given the heavy machinery that will be used to clear right up to that point. The landscaping plan is inadequate in terms of the number of trees planned per lot. While technically the details of the Management Plan and the holder of the Conservation Easement don’t need to be indicated until the final plat review, she wishes there could be more information about it now and would like to explore in more detail how to make enforcement meaningful. Mainly, on approval of the preliminary plat, the Planning Board has to find it complies with all the relevant provisions of the Zoning Ordinance, and while the applicant complies with the density formula, that density formula denotes the maximum density allowed and Parcel 2 should have fewer units because of its prevalent wetlands and potentially evolving hydrology. The amount of cut, fill and grading, while reduced from the original plan, is still substantial and the Ordinance says that “landform is the signature element that is essential” in this zone and that locally distinct natural landform features should generally be left in a natural state. Major portions of the land will be cleared and, while the Ordinance directs this zone to “preserve existing vegetation patterns, species, mix and density”, generally, the density has been driven by the number of units in a suburban layout that the applicants wish to have, and not by the design features cited within the Ordinance. She indicated that she will not support the motion. Vote: Jamin Totino, in favor; Amy Durland, opposed; Laura Rappaport, opposed; Philip Klein, in favor; Dan Gaba, in favor; Clifford Van Wagner, in favor. Motion carries 4-2. APPROVAL OF MINUTES Laura Rappaport made a motion to approve the Planning Board meeting minutes of May 13, 2009, and May 27, 2009, with submitted changes. Dan Gaba seconded. All in favor. Motion passes 6-0. NEXT MEETING The next Planning Board meeting is scheduled for June 24, 2009, at 7:00 P.M. ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 10:30 P.M. Respectfully submitted, Kathleen Livsey Recording Secretary Approved: June 24, 2009 City of Saratoga Springs Planning Board Minutes – June 10, 2009 - Page 11 of 11