Planning Board

PLANNING BOARD MINUTES WEDNESDAY, NOVEMBER 23, 2010 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner; Chair, Jamin Totino; Vice Chair, Amy Durland, Michael Perkins, Philip Klein, Dan Gaba ABSENT: Suzanne Bernardi-Cleary STAFF : Kate Maynard, Principal Planner Mark Schachner, Planning Board Attorney CALL TO ORDER: Clifford Van Wagner called the meeting to order at 7:05 P.M. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR: There were no administrative actions reported. 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. ADJOURNED – WAITING FOR ADDITIONAL INFORMATION: 10.047 ELLSWORTH ICE CREAM BUILDING, 120 Division Street, site plan review of mixed use building in the Division Street Planned Unit Development District. 10.040 WASHINGTON COMMONS, Washington Street and Central Avenue, public hearing on special use permit in the Transect-4 District. 10.044 SKIDMORE COLLEGE SCRIBNER VILLAGE REPLACEMENT, 815 N. Broadway,'] site plan review in the Institutional-Educational District (SEQR lead agency). 10.013 WHITE FARMS ROAD BED AND BREAKFAST, 66 White Farms Road, public hearing for special use permit for six room corridor bed and breakfast in a Rural Residential-1 District. 10.024 LOGISTICS ONE FLEX WAREHOUSE EXPANSION, 29, 31 & 33 Cady Hill Boulevard, site plan review of warehouse expansion in the IND-G General Industrial District. 10.028 CELLCO-VERIZON CELL TOWER, 81 Nelson Avenue, SEQRA evaluation of potential environmental impact for a new 90’ monopine telecommunications tower and associated equipment in an Urban Residential-2 District. 10.027 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, public hearing on special use permit for a multi-family housing in the Transect-4 District. 10.031 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, review of site plan for multi- family housing in the Transect-4 District. UPCOMING PLANNING BOARD MEETING/AGENDA WORKSHOPS: Next Planning Board Caravan, Scheduled for Monday, December 6, 2010 at 4:00 P.M. Next Planning Board Workshop, Scheduled for Monday, December 6, 2010 at 5:00 P.M. Next Planning Board Meeting, Scheduled for Wednesday, December 8, 2010 at 7:00 P.M. Next Planning Board Caravan, Scheduled for Monday, December 20, 2010 at 4:00 P.M. Next Planning Board Workshop, Scheduled for Monday, December 20, 2010 at 5:00 P.M. Next Planning Board Meeting, Scheduled for Wednesday, December 22, 2010 at 7:00 P.M. Quarterly Land Use Board Meeting, scheduled for Tuesday, November 30, 2010 at 7 P.M. PRIVILEGE OF THE FLOOR: Opportunity for citizens in the audience to address planning issues not on tonight’s agenda. None heard. APPLICATIONS POSTPONED: 3. 10.052 CDIT WORKFORCE HOUSING, Citywide, City Council request for an Advisory Opinion for review of Zoning Amendment Proposal request for workforce housing. Postponed by the applicant to December 8, 2010. APPLICATIONS UNDER CONSIDERATION: 1. 10.049 166 JEFFERSON STREET, 166 Jefferson Street, site plan review of 10 unit residential building in the Urban Residential-4 District. Applicant: Steve Ethier Agent: Brett Steenberg – Engineer SEQRA: Action appears to be unlisted. Clifford Van Wagner, Chairman, stated this application tonight is as close to a sketch plan application as we can get without calling it a sketch plan. The applicant has decided not to go to sketch plan but to make application, therefore the information we receive tonight will be pretty basic. It is for the Board's overview to look at how the project would be located on the lot. We can ask questions, we can give the applicant direction, but as of this time there is no information regarding storm sewers, drainage, and all the technical data that the City Engineer Paul Male will require before he can comment on this. City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 2 of 7 Brett Steenburg stated the plans that were originally submitted to the Board have been substantially revised based upon staff comments. Updated plans distributed to the Board, along with sketch plans with conceptual elevations. The project is located at 166 Jefferson Street. The Jefferson Street area consists of mixed uses. Within the immediate area are Pennell's Restaurant, an apartment complex, single family homes, and vacant parcels. Immediately behind the parcel is the harness track. This parcel is located in a UR-4 District and proposal is to construct a 10 unit residential structure with a detached 10 bay garage. Visual presentation made to the Board. The applicant is trying to provide an upscale residential community in keeping with the surrounding area. Provide for pedestrian accommodations to Jefferson Street. Minimize the impact created by the narrow frontage along Jefferson Street. Clifford Van Wagner, Chairman requested if the applicant will appear before the Board in two weeks the Board would appreciate some flags around the property to designate the area in question. Mike Perkins informed the applicant if they re-arranged the parking garages and turned the building, this could require some zoning ordinances. He will make a recommendation to the Zoning Board on behalf of the applicant to approve the application. Brett Steenburg replied that they did look at this option. If this alternative design was implemented it would require paving right up to the property line. It does not leave much of a buffer zone to the residences to the south or to the north depending on which way you push it. Either the building is right on the property line or you are paving right up to the residence. Jamin Totino, Vice Chairman stated he has some concern with the lack of green space. Amy Durland questioned if the density has been confirmed for that lot. Brett Steenburg stated that it is one space for every 3,000 square feet of lot area. Brett Steenburg gave a presentation regarding the elevations for the Board. Clifford Van Wagner, Chairman stated is there anyone in the audience who wishes to comment on this application? None heard. Clifford Van Wagner, Chairman stated the applicant has agreed to return to the Board with alternative configurations as well as plans for sidewalks, wetlands buffer, pedestrian access to Jefferson Street, architectural features on the garage, and more details on the west side of the property. We will leave this hearing open. The Board recessed at 7:40 P.M. The Board resumed at 7:50 P.M. Amy Durland left at 7:50 P. M. City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 3 of 7  2. 05.057.2 BEAVER POND VILLAGE, discussion of a final 85 lot subdivision in the Rural Residential-1 and Urban Residential -1 Districts. Applicant: Saratoga East Avenue Associate, LLC Agent: Dan Ruzow, Whiteman, Osterman and Hanna, Chad Cooke, Boswell Engineering. DISCLOSURES: Michael Perkins recused himself. Dan Gaba disclosed that he does own rental property on 74 Quevic Drive. Clifford Van Wagner, Chairman, stated the Board is now down to four members. Amy Durland has left, and Mike Perkins has recused himself. BACKGROUND: January 21, 2004, April 21, 2004 and October 20, 2004 the Planning Board held sketch plan discussions on this proposed subdivision. December 7, 2005, the Planning Board classified this project as an "unlisted action" and decided to initiate coordinated review with a request to be Lead Agency. January 11, 2006, the Planning Board voted to establish itself as Lead Agency. January 18, 2006, the Planning Board issued a "positive declaration". The applicant submitted a draft scoping document on January 25, 2006. February 2, 2006, the Board released a draft scoping document to the involved agencies and the public. The Board held two public scoping sessions on February 15, 2006 and Thursday, February 16, 2006. March 15, 2006 the Board adopted a final scoping document for the DEIS. April 4, 2007 the DEIS was accepted for public review. April 4, 2007 to May 3, 2007 a public comment period was held. April 30, 2007 and May 3, 2007 the Planning Board held two public hearings. January 2008 the applicant submitted a draft FEIS for review. Additional items and corrections were identified by the Chazen Companies on behalf of the Planning Board. February 27, 2008 the Planning Board requested a status updated from the applicant. June 4, 2008 the applicant submitted a revised FEIS for review. June 30, 2008 the Planning Board held a meeting specifically for the Beaver Pond Village application to review the FEIS. July 17, 2008 the applicant submitted a revised SWPPP. August 6, 2008, the applicant submitted additional information including an 84 lot alternative and corresponding data for insertion into the FEIS. August 12, 2008, the applicant submitted responses to a memo from the Planning Board consultants. September 3, 2008 additional materials were submitted by the applicant in response to comments from the Planning Board on August 13th and in response to a memo from staff and consultants. September 10, 2008 the Planning Board deemed the FEIS complete by a 6-1 vote. October 17, 2008 and subsequently distributed to involved and interested agencies. The FEIS is available for review on the website, the library and the planning office. October 17, 2008 Notice of Completion was completed after receipt of the FEIS. October 29, 2008 the Planning Board held a public hearing for the subdivision review. April 29, 2009, the Planning Board closed the public hearing. City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 4 of 7 June 10, 2009 preliminary subdivision approval was granted with conditions. June 11, 2011 preliminary subdivision approval has been granted until this date. The Planning Board prepared and accepted a Final Environmental Impact Statement as complete at its September 10, 2008 meeting by a 6-1 vote. The Planning Board issued a Positive Findings Statement for the proposed project on May 13, 2009 by a 4-1 vote. Unless changes are made to the plans that would alter the threshold under which the negative declaration was made no further action under SEQR is required. Clifford Van Wagner, Chairman stated what the Board needs to look at is the final subdivision provided substantially in agreement with the preliminary approved plat. Per code, formal public notice will occur unless the Planning Board deems the subdivision plat submitted for final approval substantially conforms to the preliminary approved plat. The applicant has been asked to address certain issues that have to be resolved before a vote can be taken by the Board. Conditions include execution of a conservation easement, completion of an open space management plan, receipt of all permits and approvals required from the NYS-DEC, Army Corp of Engineers and the NYS-DOH and then comply with all applicable requirements of the City of Saratoga Springs subdivision regulations relating to final subdivision plat approval. The Board will consider whether the final plans submitted are in substantial conformance with the preliminary approved plat. No action will be taken this evening. A review of final plans and conditions of preliminary approval continues at the Boards next meeting. Mr. Daniel Ruzzo, stated they will present the final subdivision plat application package. Mr. Chad Cook, Boswell Engineering presented an overall look at the subdivision plan. The overall subdivision is identical to what was shown before in terms of lot layout. There were two minor revisions based on discussion with the Army Corps or Engineers and DEC regarding wetlands. These two changes are with the ponds, and the access road which was previously located between the pond and the wetlands. We basically flip flopped and moved the access roads between the lots and the pond. We have two wetlands crossings, we have added three pipes at the large crossing and the smaller crossing has two pipes. Clifford Van Wagner, Chairman, questioned the applicant as it regards to the permits as soon as this Board makes a determination on the final subdivision application which of these agencies are ready to sign off? Chad Cook, Boswell Engineering stated it would be the DOH, for their review of utilities, and water and DEC for their review of sanitary sewers. Mr. Ruzzo stated with regard to permits DEC wetlands permit has been granted in the packet of information supplied to the Board. They issued their SEQRA findings as well. Theresa Baker, stated several years ago they applied for a nationwide permit in connection with the project. The Army Corps of Engineers jurisdiction is over the crossing of the wetlands with the culvert. We met with their representative at the same time we met with DEC any issues or concerns that they had have all been addressed. We are working with them and the Planning Board on the conservation easement. They are going to be a third party enforcing entity. The important party for a conservation easement is the party who is actually holding it and is City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 5 of 7 responsible for monitoring and making sure that the purpose of the conservation easement is being met. The North American Land Trust is a national land trust. We are working off a standard conservation easement, which is what they require if you want them to be a part of your project. They will be responsible for monitoring, contracting with local groups to do the monitoring and what is required for the Karner Blue Butterfly habitat. At the next Planning Board Meeting Andy Johnson who is the Executive Director of the North American Land Trust will be here to answer any questions the Board may have. A conservation easement is really the best means one has other than public ownership for protecting a piece of property. We have 159 acres which are going to be protected. The terms of the conservation easement are very strict. There are very few activities that are allowed to be undertaken and almost all of those activities are limited to things that are already shown and approved on the subdivision plat. Mr. Ruzzo gave a visual presentation of the Open Space Management Plan. He also reviewed the Homeowners Association rules and regulations. Clifford Van Wagner, Chairman stated the Planning Board Members will now review all the information and details. What this Board is charged with doing this evening is to come to agreement that the final subdivision plat is substantially in agreement with the preliminary approved plat. NYS-DEC is pending our vote on the final subdivision and NYS-DOH is also pending our vote and the Army Corps of Engineers is the final piece. Clifford Van Wagner, Chairman, asked if there were any questions or comments from the Board. Philip Klein requested of the applicant when Andy Johnson the Executive Director of the North American Land Trust appears before the Board at the next meeting, if he could give a 5-10 minute presentation how they go about doing and performing their responsibilities. Mark Schachner, Planning Board Attorney, stated in all likelihood when the applicant talks about a City as an enforcing agency, that is likely not the Planning Board but the City Council who would technically be the entity from the City that would be the enforcing agency. There would be an opportunity for the Planning Board to make recommendations to the City Council. The December 8, 2010 Planning Board Meeting, I am unable to attend. Perhaps this could be on the agenda for the following meeting December 22nd. Kate Maynard, Principal Planner, City of Saratoga stated everything is pretty much covered. Staff comments as well as legal comments will be made available at the next meeting. Jamin Totino, Vice Chairman, questioned additional buffering of any kind, since the road has been moved. The applicant stated the Homeowners Association will be responsible for maintaining the road. It will only be accessed during construction and for pond maintenance. Clifford Van Wagner, Chairman stated the Board is charged tonight with coming to a consensus. This final subdivision plat as submitted is very much in agreement with the preliminary approved plat and the lot layout is identical which was the biggest issue. Some minor changes which were made were requested by the Army Corps of Engineers and the DEC. Is there is a consensus among Board members that this final subdivision plat is in substantial agreement with the preliminary one we voted on a while ago? City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 6 of 7 The Board concurred with the Chairman's remarks. The applicant will be on the agenda in two weeks for a presentation by the North American Land Trust Executive Director. MOTION TO ADJOURN: There being no further business, Clifford Van Wagner adjourned the meeting at 8:45 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 12/22/10 City of Saratoga Springs Planning Board Meeting Minutes – November 23, 2010 - Page 7 of 7