Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JANUARY 12, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Jamin Totino, Vice-Chair; Amy Durland; Philip Klein; Dan Gaba; Howard Pinsley ABSENT: Suzanne Bernardi-Cleary STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner stated the proceedings of this meeting are being taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR There are no actions by the chair. ANNOUNCEMENT OF ADJOURNED PROJECTS: ADJOURNED AT THE APPLICANT'S REQUEST: 10.052 CDJT WORKFORCE HOUSING, Citywide, City Council request for an Advisory Opinion for review of Zoning Amendment Propsoal request for workforce housing. 10.040 WASHINGTON COMMONS, Washington Street and Central Avenue, sketch (site) plan discussion of a mixed use building in the Transect-4 District. 10.049 166 JEFFERSON STREET, 166 Jefferson Street, site plan review of 10 unit residential building in the Urban Residential-4 District. 05.057.2 BEAVER POND VILLAGE, 98 Geyser Road, final review of 85 lot subdivision in the Rural Residential-1 and Urban Residential-1 Districts. AJOURNED – WAITING FOR ADDITIONAL INFORMATION: 10.058 SIRO'S, 168 Lincoln Avenue, special use permit for outdoor entertainment in the Institutional-Horse Track Related District. 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. 10.028 CELLCO-VERIZON CELL TOWER, 81 Nelson Avenue, SEQRA evaluation of potential environmental impact for a new 90' monopine telecommunications tower and associated equipment in a Urban Residential-2 District. 10.027 307 GREAND AVENUE MULTI-FAMILY, 307 Grand Avenue, public hearing on special use permit for multi-family housing in the Transect-4 District. 10.031 307 GRANDE AVENUE MULTI-FAMILY, 307 Grand Avenue, review of site plan for multi-family housing in the Transect-4 District. LATE ADJOURNMENT 11.001 420 BROADWAY, 420 Broadway, site plan review for mixed use building in the Transect-6 District. ANNOUNCEMENT OF UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOP Planning Board Caravan scheduled for January 24, 2011 at 4:00 P.M. Planning Board Workshop scheduled for January 24, 2011 at 5:00 P.M. Planning Board Meeting scheduled for January 26, 2011 at 7:00 P.M. COMMENTS FROM THE CHAIR Clifford Van Wagner, Chairman, officially welcomed Howard Pinsley, the newest member of the Planning Board replacing Mike Perkins. PRIVILEGE OF THE FLOOR Clifford Van Wagner gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard.. 1. 10.057 ADVISORY OPINION – FEES, City-Wide, City Council request for an Advisory Opinion concerning removing fees from the Zoning Ordinance. Action proposes to relocated fees currently within the Zoning Ordinance and Subdivision Regulations and place them together within stand alone fee schedule. Designed to be able to be updated without amending the Zoning Ordinance, and make user friendly for general informational purposes. Agent: Mr. Anthony Izzo, Deputy County Attorney City of Saratoga Springs Planning Board Minutes – January 12, 2011- Page 2 of 6 Mr. Izzo stated this is a very comprehensive Ordinance, whereby fees are established here fees are established pursuant to a particular schedule. The key is best seen by starting with 240- 13.6. Right now Schedule 13.6 is pages long. The proposal would actually replace those pages with a statement that says the Council has the authority to establish by Resolution a fee or fees for applications, reviews, approvals processes, issuance of any permit or license for the filing of any documents or for the conducting of any activity referred to in the Zoning Ordinance. The establishment of fees by resolution eliminates a lot of procedural circumstances everything from advisory opinion from this Board and actually right now actually an advisory opinion from the County for something as basic as the amendment of a fee. The amendment of fees actually affects no actual land use rights of any person they are simply administrative they are done by legislative bodies all the time. What this proposal would due should you advise accordingly and the council decide to adopt it would be to simply allow for the amending or establishing of fees by a Council Resolution. It affects many paragraphs in the Zoning Ordinance itself, and five sections and an Appendix in the subdivision regulations that would be treated exactly the same way. The fee schedule would be repealed and the fees would then be established by the Council again by Resolution. Clifford Van Wagner, Chairman stated we are not being asked to amend fees we are simply being asked to take them out of the Zoning Code and separate them out so that in the event the City wants to change one or all the Zoning Code does not have to be amended. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Clifford Van Wagner, Chairman, asked if there is there anyone in the audience who wishes to comment on this application. None heard. Kate Maynard, Principal Planner, City of Saratoga Springs, stated what the Council is trying to do is put everything in one place, user friendly and easy to adapt readily. Dan Gaba made a motion for a positive opinion to the City Council stating that the Planning Board is in favor of removing fees from the Zoning Ordinance. Seconded by Jamin Totino. Clifford Van Wagner, Chairman, asked if there was any further discussion. None heard. VOTE: J. Totino, in favor; A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor ABSENT: S. Bernardi-Cleary, in favor; MOTION PASSES: 6-0 2. 03.088.3 LEXINGTON CLUB, 52 Marion Avenue. Applicant: Beechwood Associates, Andre Schmid City of Saratoga Springs Planning Board Minutes – January 12, 2011- Page 3 of 6 Agent: Dave Carr, LA Group The Planning Board approved an 18 month letter of credit extension to June 30, 2012 at the last meeting with the condition that applicant appear before them regarding current condition of site and propose plans to improve security measures for protecting site and aesthetic improvements such as buffering to shield current condition. The site is in deplorable condition. There is debris on site. The fence needs to be shore up. Screening needs to be installed on the fencing and better maintenance of the property including mowing on a regular schedule. Mr. Carr, on behalf of the applicant agreed to propose improvements to complete separately, not from LOC established funds. Andre Schmid and Beechwood Associates are not the original applicant and developer of the site. They purchased it several years after it was approved. The LA Group was hired to carry out the SWPPP, which is still in place. The site is in deplorable condition. Environmentally it is fine. It is an active construction site. They have a huge investment in the site. There are a lot of actual pilings that have been driven for a parking garage and we are actually currently doing some revised plans for him to change the project a little. I did provide written commitment of proposed improvements in a memo dated 01/10/11 with four areas of consideration, removing the debris pile which is actually the responsibility of the contractor on the site. They have been contacted and will take care of that. Regular mowing is important. The straightening of the fence and putting some type of fabric on it, will give it a better look close up from the street. The applicant in his correspondence to the City is asking for some leeway, and he is giving himself a deadline which is May 31st, which is reasonable given that spring usually arrives the end of March beginning of April so conservatively if you say the middle of April that gives the applicant six weeks to do this. I did remind him that we will have to be in front of the City again for an amended approval. Is there anyone in the audience who wishes to comment on this application? None heard. Jamin Totino made a motion that this Board accepts the condition to improve the site as outlined in the January 11, 2011 letter with a May 31, 2011 deadline. Seconded by Howard Pinsley. VOTE: J. Totino, in favor; A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor ABSENT: S. Bernardi-Cleary MOTION PASSES: 6-0 3. 08.051-2 ROSEBROOK SUBDIVISION MODIFICATION, Carriage House Lane, sketch plan for 4 lot subdivision in the Suburban Residential-1 District. Applicant: Renee Rosebrook Agent: John Witt Construction Subdivision was approved by this Board on November 12, 2008. This subdivision was filed with the County and is a legal subdivision. City of Saratoga Springs Planning Board Minutes – January 12, 2011- Page 4 of 6 Mr. John Witt is here tonight representing Renee Rosebrook. Mr. Witt gave a visual presentation the Board regarding lot configuration in a conservation subdivision. Some restrictions placed on the property, which has made them more difficult to sell. Some modifications are proposed such as the ability to access Lot 3 from center half of road frontage on Clement Street. Lot 2 option is to have driveway access on Clement Street and/or Carriage House Lane. Changing access points for Lots 2 and 3 would require alteration of existing conservation easement via the deed restriction, which states no removal of vegetation permitted. This action would require modification of metes and bounds. Sight distance and proposed spacing between Lot 2 and 3 would need to be checked, and the removal of all restrictions from Lot 4 with the exception of the conservation easement. This includes the sprinkler system, water storage, emergency pump with generator, and the driveway capable of withstanding emergency vehicular load of 50,000 lbs, with width designations. Discussion ensued among the Board as each lot was reviewed regarding shared driveways, reconfiguration of lots, houses closer together, clustering, and more contiguous open space. Clifford Van Wagner, Chairman stated the Board does have some wiggle room within this 9 acre sight to do some alterations as long as we do not lose sight of the big picture which was to do some conservation. Amy Durland stated whatever configuration Mr. Witt does return to the Board with there are three elements with regard to the open space portion of it and that is the amount of open space relative to what exists now, the contiguity and the configuration. Those are the items I am interested in to make sure that whatever you come up with does not disfavorably compare to what is there. Mr. Witt stated he feels that together with the Planning Board they can make this a better project, a better conservation area than what is there now, and more marketable at the same time. Dan Gaba stated he would like to see a colored map which denotes all the conservation areas so that he and the Board could get a better spatial perspective. Jamin Totino questioned Lot 4 and the fire safety issue. Kate Maynard, Principal Planner stated in her conversation with Chief Williams, Fire Department he recommended that the sprinkler system, water storage, emergency pump and generator as well as the driveway capability of withstanding emergency vehicular loads of 50,000 lbs, along with width specifications remain in effect due to 2010 NYS Fire Code Chapter 5, Section 511. Mr. Witt stated regarding Lot 4 he will follow the regulations of the New York State building code. The State follows the National Code. Clifford Van Wagner, Chairman, recommended on Lots 2 and 3, Mr. Witt return with some alternatives, put a proposal in writing for Lot 4 which states exactly what you would like to do and in the mean time we will ask staff to further research the Code which the Fire Chief speaks about. The strictest code will take precedent over the lesser code. Perhaps we can get some input from Joe Scala, and perhaps Mark Schachner. When you have all this together please notify Kate and we will await information on the NYS Fire Code and when we have this information together we will put you on the agenda. City of Saratoga Springs Planning Board Minutes – January 12, 2011- Page 5 of 6 APPROVAL OF MEETING MINUTES: Clifford Van Wagner, Chairman requested approval of minutes of the December 8, 2010, meeting with corrections and/or additions submitted. Motion by Jamin Totino. Seconded by Philip Klein. VOTE: J. Totino, in favor; A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; Clifford Van Wagner, in favor ABSENT: S. Bernardi-Cleary ABSTAIN: H. Pinsley, not a member of the Board at this time MOTION PASSES: 5-0-1 ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 8:37 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary City of Saratoga Springs Planning Board Minutes – January 12, 2011- Page 6 of 6