Planning Board

PLANNING BOARD MINUTES WEDNESDAY, FEBRUARY 9, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner; Chair, Jamin Totino; Vice Chair, Amy Durland, Philip Klein, Dan Gaba, Suzanne Bernardi-Cleary ABSENT: Suzanne Bernardi-Cleary; Howard Pinsley STAFF: Kate Maynard, Principal Planner CALL TO ORDER: Clifford Van Wagner called the meeting to order at 7:05 P.M. 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: No administrative actions. ANNOUNCEMENT OF CANCELLATION FOR TONIGHT'S MEETING: 10.054 DYER LOT LINE ADJUSTMENT, 66 Dyer Circle – lot line adjustment. Adjourned to a later date due to some additional information the City Engineer has requested. 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. Adjourned at the attorney's request. ANNOUNCEMENT OF ADJOURNED PROJECTS: ADJOURNED AT APPLICANT'S REQUEST: 10.042 THE MEWS, 60 Weibel Avenue, review of site plan of mixed use building in the Transect-4 District. 10.052 CDJT WORKFORCE HOUSING, Citywide, City Council request for an  Advisory Opinion for review of Zoning Amendment Proposal request for workforce housing. 10.040 WASHINGTON COMMONS, Washington Street and Central Avenue, special use permit for a mixed use building in the Transect-4 District. ADJOURNED – WAITING FOR ADDITIONAL INFORMATION: 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 a special use permit for 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. COMMENTS FROM THE CHAIR Sustainable Development Conference III, Friday, March 4, 2011, held by CDRPC at Union College – Continuing Education Credits Qualified. Contact Kate if you are interested and for more information. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: February 21, 2011, Planning Board Caravan @ 4:00 PM February 21, 2011 Planning Board Workshop @ 5:00 PM February 23, 2011, Planning Board Meeting 7:00 PM PRIVILEGE OF THE FLOOR: Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS UNDER CONSIDERATION: 1. 09.032.2 WEIBEL AVENUE MIXED USE DEVELOPMENT, 60 Weibel Avenue, extension of a special use permit in the Transect-4 District. Applicant: The Mill, LLC Agent: Michael Com, LA Group Mr. Com stated they are before the Board this evening for an 18 month extension which is due City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 2 of 9 to expire in March 9, 2011. This extension if granted will expire in September 9, 2012. The applicant is progressing through the site plan approval and Design Review Process currently. This extension will allow the applicant to continue to move forward. SEQR: SEQRA Negative declaration was issued by the Planning Board on September 9, 2009. Clifford Van Wagner, Chairman, stated on September 9, 2009, special use permit was granted. The applicant is entitled to two 18 month extensions and this would be the second and final extension. Is there anyone in the audience wishing to comment on the application of Weibel Avenue Mixed Use Development application? None heard. Jamin Totino made a motion to approve the 18 month extension of this special use permit. Seconded by Dan Gaba. VOTE: J. Totino, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; Clifford Van Wagner, in favor ABSENT: S. Bernardi-Cleary; H. Pinsley MOTION PASSES: 5-0 2. 10.058 SIRO’S, 168 Lincoln Avenue, special use permit for outdoor entertainment in the Institutional-Horse Track Related District. Applicant: Racing Restaurants of America Attorney: John Carusone Owner: Keith Kantrowicz On May 21, 2002 the City Council rezoned this property from UR-w to INST-HR. On June 19, 2002, the Planning Board issued a temporary special use permit for this site. That special use permit has expired. On March 19, 2003 the Planning Board issued a permanent special use permit for the property. Initially this was for indoor eating and drinking establishment a portion of that special use permit also allowed outdoor eating and drinking with a specific number of conditions: number of days, number of seats, parking, etc. That part of the special use permit is a renewable special use permit and that is what is in front of this Board tonight. The Board has noticed that a portion of this application tonight has some implication for the parking lot on Nelson Avenue, and that is tied to the original special use permit. In conversation with staff and our counsel as part of this application we are going re-notify this case for an amended special use permit and the recommendation from staff to this Board is to reach out a little farther on the notification. Specifications state notification must be made at least 250 feet. The parking lot is further away from Siro's. There are few other folks that we will have to notify. City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 3 of 9 This application will remain open. There will be no decision tonight and we will entertain the amendment to the special use permit to include that parking lot which is not really a part of the original special use permit which was granted in 2003. There have been some concerns with parking, noise, garbage, garbage removal, and traffic. Mr. Carusone discussed parking and the issues with trash. Siro's now has installed garbage compactors. It will accept a greater volume of trash and compact it. Also, the applicant has agreed to install fencing between this lot and Mr. & Mrs. DeCarlo's home. It will screen the garbage area. Toby Porter, Green Mountain Engineering will speak regarding the decibel charting of appropriate sounds. He brought information for the Board which was distributed. Drawing by Tom Frost and the proposed solutions. Mr. Carusone stated they have not met with the neighbors. We did propose a meeting and for various reasons it has not worked out yet. We are certainly willing to discuss it. Noise is a factor. All reasonable measures to try to ameliorate that situation will be done. Clifford Van Wagner, Chairman stated this project has been before the Board for a long time. Certainly it predates many of the members of the Board. It frustrates me to hear that there have not been any meetings with the neighbors. This is all about the neighbors. This is not going to be an easy case as we proceed. We will open this up to the public and ask the neighbors to speak. but this is something which needs to be resolved between the neighbors and the applicant. Also, there are letters to the Board from Sarah Webster, Larry King, Judy Schader, Tim Donahue and Rose Tait. Keith Kantrowicz, one of the managing owners of Siro's addressed the Board regarding the place Siro's has in the community, their willingness to speak with the neighbors, and the jobs that this business provides. Clifford Van Wagner, Chairman stated he is requesting from the applicant in a bulleted listed form exactly what the applicants are requesting. Such as hours of operation, how many days of operation, each and everything in a bulleted form so there is no ambiguity. As soon as this information is available please provide to Kate and she will disseminate this information to the Board. When we meet again the neighbors will be able to hear this. Clifford Van Wagner, Chairman, asked if there was anyone in the audience wishing to speak regarding this application please step forward, state your name and address for the record. Bob Reed, 21 Wells St. Building 2, Apt 412, Saratoga Springs. I am an employee of Siro's. We have used the terms neighbors broadly. Is there a certain number of neighbors we need to bring together in order to have a conclusion? Clifford Van Wagner, Chairman stated neighbors means anyone who lives in Saratoga Springs has the right to speak. By law anyone who lives within 250 feet of any perimeter of the applicant's property, have to officially be notified. Christopher Peake, 228 Caroline Street, Saratoga Springs, New York. I am the day time bartender at Siro's. There is a certain mystic surrounding Siro's. I have spoken to many people who all know and love Siro's. A lot of people's livelihood depends on working at Siro's. I City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 4 of 9 understand that those of us who would like to work there again next year have to know sooner rather than later so we can count on what we are doing this summer for employment. Eleanor Mullaney, 480 Broadway, Saratoga Springs. I am an attorney and would like to speak on behalf of Larry and Sally King. What currently exists there is a detriment to the neighborhood. It is not what existed there years ago and is a very different operation today. The King's do not want to put Siro's out of business. In summertime, when people have their windows open and are enjoying being outside the continuous noise is a problem. When the police are called it sometimes take twenty minutes for them to respond. By then the problem has either resolved itself or moved on down the street. The financial circumstances of this applicant should not be a consideration of this Board in making this decision. This is a very complex complicated permit. My clients feel that this application is an erosion of their rights. Joe Friday, 417 Northern Pines Road, Saratoga Springs, NY. I work at Siro's. I just want to comment regarding the Police response to Siro's. I have been at Siro's for 9 years. In nine years the police have been there twice and I have called them both times. That is my job. To keep it quiet. Everybody has fun, everybody has a good time. The police response is not an issue. Sarah Boivin, 129 Nelson Avenue, Saratoga Springs, New York. I have submitted a letter as well. No one wants to see Siro's fail. Right now our neighborhood is terrified. If we could be approached with a little empathy that would be helpful. We have the casino at one end of our road, and businesses at the other. Siro's seems to want to expand with every application. It would be good for the owners and the employees to understand that there has not been a trust history between Siro's and the neighbors within the last ten years. We all have to agree to put the past aside. We do not want people to lose their jobs, and we don't want to change our neighborhood. Michael Billock, 132 Nelson Avenue, Saratoga Springs. We did meet with Mr. Kantrowicz last year. At no time did I or two neighbors who met with him request a reduction in hours. We continued speaking for several weeks and we are relatively close to an agreement in terms of having sound at the edge of the property remaining at 75 decibels or less. The only question was enforcement. John Cooper, 7 Elizabeth Lane, Saratoga Springs. Investor in Siro's. It appears there is an inconsistency in how we look at Siro's versus the surrounding area. To my knowledge there is a track right next to it, and a paddock bar area operating late at night as well as The Horseshoe Bar up the street. Are we 100% certain with all these reports that it is indeed Siro's making the noise. Clem Marino stated a letter was submitted to the Board on behalf of my wife Jeannette and me. We live at 35 Jackson Street, Saratoga Springs. I am in favor of having Siro's continue to operate. No one is asking for any type of reduction. It is the point of the increase in the amount of hours and what is associated with that both with crowds and noise. Jeannette Marino, 35 Jackson Street, Saratoga Springs. When we bought our house we knew that Siro's existed, we knew the track existed. Siro's existed as a non conforming use property and it had a much more limited use at that point. Thanks to the neighbors Siro's was able to gain a distinction apart from any of the other businesses in our neighborhood and that distinction is being in the track zoning. What we do not want is our biggest investment, our City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 5 of 9 bottom line to lose its value and to have our kids have to worry about the type of neighborhood that you do not really want to be raised in. Kevin Wolpert, 130 Nelson Avenue, Saratoga Springs. I did submit a letter as well. Siro's is an extremely unique place in several ways. I bought my home in 2009. I have a very young family and it does make us extremely nervous for us to see some of the things that are going on. I would reach out to the owners, but they should be reaching out to us. The onus is on them. Rose Tait, 164 Lincoln Avenue, Saratoga Springs. John McMahon my attorney could not be here tonight. He has prepared a letter. It will be provided to the Board for the next session. My house is within 50 feet of their stage. I prepared a handout for the Board that gives a history of Siro's and why the neighbors may be a little jumpy. I purchased my home in 1971. We all had a wonderful relationship with the owners of Siro's. We had no problems whatsoever. I have some documentation to support my statements which I will provide to the Board that documents over 25 years of problems with Siro's. The decibel level spoken about tonight indicates 75 decibels and previously indicated 70 decibels. My home is a multiple dwelling. I cannot even rent my home because it does not qualify even to rent as HUD home due to the decibel level. It is not allowed by HUD. I also have for the Board the Bagden study and I will distribute it. I am vehemently opposed to Siro's being opened until 11:00 PM on Saturday night. Why don't we have noise containment? I am very opposed to this. Julie Dowse. I am the gardener at Siro's. I have a small business. It does not seem that anyone wants Siro's to grow. They are trying to discourage Siro’s from being opened later and longer or gaining customers. I am in favor of them growing as a business because their business growing helps my business grow. Andrea Jacobs, 31 Clubhouse Drive, Saratoga Springs. I am a proud worker at Siro's. I also am a 16 year high school teacher in the area. I have worked at Siro's for the past five years and I have seen some wonderful community events take place there. Charity, culture and history. I would like to see Siro's grow. Kim Billock 132 Nelson Avenue, Saratoga Springs. We have only been in this area for a very short period of time. We need to meet to discuss these problems and to resolve them. We need specifics. Sarah Webster Goodwin, 119 Nelson Avenue, Saratoga Springs. I also sent an email. The neighbors do know where the noise is coming from. In track season we can sit outside and sing along or go inside and close all the windows. It is part of the neighborhood. The noise is constantly with you when it's on and we do need some relief from it. Hold the line. Mallory Berringer, 137 Henry Street, Saratoga Springs. I worked at Siro's for the past two years. I also work for the NYS Senate Majority, and I just want to express my support for Siro's and its role in the Saratoga community and the racing industry. I hope a compromise can be reached in a timely manner. Toby Porter, sound engineer, responded to the comments. He explained what can be done to mitigate the sound and the decibel level. There is plenty that can be done. Putting up a wall, putting up a shed, and working with the speakers. Mrs. Rose Tait spoke regarding the Bagden Report which comments on the decibel levels and where they were taken and what the levels show. City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 6 of 9 Lauren Mazerowski, 136 Lancaster Street, Albany, New York. I worked at Siro's for two years, going on three this year. As a worker I have never felt safer than working at Siro's or even walking to my vehicle. I have never seen police around and I feel very safe. Clifford Van Wagner, Chairman stated the comments we have heard from the neighbors further accentuate my request to the applicant. I would ask that when the bulleted table is devised, on one side list what is allowable now, parking spots, hours of operation, number of people, hours of music, garbage, etc., and on the other side put down what you are requesting. The neighbors have clearly articulated that no one wants to see Siro's disappear. That is a start. That is where the compromising needs to begin. Now the art of negotiation begins. We would love to see you off this agenda. This application does need to be resolved. What can happen here is the neighbors get together with owners and management and meet and put things on the table. If no resolution is agreed upon and if this continues to be a stalemate, this Board will make the decision. This Board will impose the limits on the special use permit. We would love to have both sides come to an agreement. This hearing will remain open. Additional people will be notified based upon recommendation from the Boards attorney Mark Schactner. Philip Klein suggested we review the list of additional information requested by the Board. Parking, noise abatement, garbage, number of days now and what you are looking for, enforcement of the decibel level third party mentioned, hours of operation for the band, what nights and how long. Also, questioning the construction of the fence? Recommendations from the Frost report, which lists more acoustical material. Trash compactor the day and time it will be emptied. Jamin Totino requested any visual information the applicant has to be presented on the screen. Including the bulleted items for ease in audience viewing. Bobby Burke, 75 Madison Street, Saratoga Springs. I have worked at Siro's for 30 years. There is an ordinance in effect according to County Waste these cannot be emptied before 7:00 AM. Amy Durland stated it might be useful to clarify what the Planning Board is looking at when we look at these things. We do not make a decision based on an impression or a personal opinion of whether something is good or bad. There are standards and documents that we have to review to guide us in terms of our decision making. I want to indicate since we are focused tonight on outside entertainment and noise. Noise is considered an environmental impact and it is not only something we are entitled to consider but something we have to consider as we do an environmental review of the application. Ultimately we will be looking at the standards for a special use permit, which is what the application is before us. There are a number of standards for a special use permit. One of them indicates the overall compatibility of the use with the neighborhood and the positive and negative impacts on community character, including the character of the adjoining properties, districts and uses. We are not picking on Siro's. There are certain items we have to look at and a lot of the input from the neighbors is relevant to this review. In addition to the engineering reports, we have two engineers. There are some inconsistencies between the two reports but we are not restricted to those items. The input you have heard from board members are expressions of individual opinions at this point. My opinion is that I hope that you will consider some mitigation measures which are not included in these engineering reports. A lot of noise issue relate to containing the noise but there is also the possibility of reducing the noise. We cannot formulate the application for you but I hope that you will be creative and consider a number of alternatives, maybe some even more fundamental City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 7 of 9 than the details contained in these reports as you are trying to come up with a reasonable answer about how to handle this. Clifford Van Wagner, Chairman stated he wishes everyone in the audience good luck. We need to work this out and we need to reach a compromise. 8:45 PM the Board recessed. 9:00 PM the Board reconvened. 3. 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: Bret Steenburg, Engineer SEQRA: Action appears to be unlisted. Project was last before the Board on December 8, 2010. The Board provided guidance related to alternatives presented – current proposed plans reflect option Board provided most positive feedback on. Brett Steenburg gave a visual presentation of the application and some recent changes made per the recommendation of the Planning Board. Ten residential units in two 5 unit buildings. It does meet all the required setbacks and parking requirements. Upscale residential community in keeping with the surrounding area. Pedestrian access to Jefferson Street. Provide housing structure along the front yard setback. rather than to the rear yard. Maintaining a landscape buffer to the south. Recreational area requested for consideration by Board members at last review-discussed for portion between buildings. Area now proposed as grass filter strip. Opportunity for area to be multi-use – i.e., bioretention area that provides a garden area. Dumpster is visible from access to site. Proposed enclosure with chain link fence. Details on plans. Amy Durland requested that the applicant include bike racks, and also consider down-facing lighting, not only to reduce the amount of light and glare that could affect neighbors but also to reduce light pollution generally. The Board did make some recommendations regarding screening and/or buffering. Clifford Van Wagner, Chairman suggests a meeting with the City Engineer to go over all issues and questions which remain unanswered. APPROVAL OF MEETING MINUTES: Clifford Van Wagner, Chairman requested approval of minutes of the December 22, 2010 meeting with corrections as submitted. City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 8 of 9 VOTE: J. Totino, in favor; A. Durland, in favor; P. Klein, in favor; C. Van Wagner, in favor ABSENT: Suzanne Bernardi-Cleary; Howard Pinsley ABSTAIN: Dan Gaba MOTION PASSES: 4-0-1 Clifford Van Wagner, Chairman requested approval of minutes of the January 26, 2011 meeting with corrections as submitted. VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; C. Van Wagner, in favor ABSENT: Suzanne Bernardi-Cleary; Howard Pinsley ABSTAIN: Jamin Totino MOTION PASSES: 4-0-1 MOTION TO ADJOURN: There being no further business, Clifford Van Wagner adjourned the meeting at 9:35 PM. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 02/23/2011 City of Saratoga Springs Planning Board Meeting Minutes – February 9, 2011 - Page 9 of 9