Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JUNE 8, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Tom L. Lewis, Vice-Chair; Amy Durland; Philip Klein; Michael Perkins; Howard Pinsley STAFF: Kate Maynard, Principal Planner – City of Saratoga Springs CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:01 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 Proposal request for workforce housing. 11.020 DUPRAS SUBDIVISION, 29 and 47 Staffords Bridge Road, public hearing on a 2 lot subdivision in the Rural Residential-1 District. 11.002 BUFF ROAD SUBDIVISION, BUFF ROAD AND ROUTE 9N, public hearing for a final 15 lot subdivision in the Urban Residential-1 and Rural Residential-1 Districts. 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 WAITING FOR ADDITIONAL INFORMATION: 11.018 SIRO'S, 168 Lincoln Avenue, site plan review of restaurant and bar in the Institutional Horse Track Related District. 11.010.1 SIRO'S, 168 Lincoln Avenue, public hearing for modification to special use permit of outdoor entertainment in the Institutional Horse Track Related District. 11.001 420 BROADWAY (LILLIAN'S PARKING LOT), 420 Broadway, site plan for a mixed use building in the Transect-6 District. 07.048.2 THE BULLPEN II, HORSESHOE INN, 9 Gridley Street, public hearing for a renewable special use permit for live outdoor entertainment in the Tourist Related Business 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, review of site plan 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: Clifford Van Wagner, Chairman stated Tom L Lewis has been appointed Vice Chair of the Planning Board by the Mayor. Congratulations Tom. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan is schedule for Monday, June 20, 2011 at 4:00 PM Planning Board Workshop is scheduled for Monday, June 20, 2011 at 5:00 PM Next Planning Board Meeting is scheduled for Wednesday June 22, 2011 at 7:00 PM. PRIVILEGE OF THE FLOOR: Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. LETTERS OF CREDIT 1. 10.012.1 ALLEN DRIVE SUBDIVISION, 36-38 Allen Drive. Applicant: Saratoga Springs Housing Authority, Ed Spykalski SEQR: No further SEQRA action required. The applicant is requesting an extension of a letter of credit until December 30, 2011 in the amount of $42,800. Also a waiver of LOC fee of $400.00 is requested. Application fees were waived for this project previously. Clifford Van Wagner, Chairman asked if there was anyone in the audience who wished to speak regarding the Allen Drive Subdivision. None heard. Amy Durland made a motion to approve the LOC extension for six months and to retain the letter of credit at $42,800 and waive the $400 extension fee. City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 2 of 11 Seconded by Howard Pinsley. VOTE: A. Durland, in favor; D. Gaba, in favor; P. Klein, in favor; H. Pinsley, in favor; T. Lewis, in favor. C. Van Wagner, in favor MOTION PASSES: 6-0. APPLICATIONS UNDER CONSIDERATION: 2. 08.060.2 58 WASHINGTON STREET MIXED USE BUILDING, 58 Washington Street, review of extension to site plan in the Transect-6 District. Applicant: Allen Oppenheim of AYCO, 58 Washington Street LLC SEQRA: SEQRA Negative declaration issued by the Planning Board on May 26, 2010. No further SEQRA action required. Clifford Van Wagner, Chairman asked if anyone in the audience wished to speak on the application of 58 Washington Street Mixed Use Building extension to site plan. None heard. Kate Maynard, Principal Planner City of Saratoga Springs stated the building which was previously on the site has been demolished. Motion was made by Dan Gaba. Seconded by Philip Klein. No further discussion. VOTE: A. Durland, in favor; D. Gaba, in favor; P. Klein, in favor; H. Pinsley, in favor; T. Lewis, in favor. C. Van Wagner, in favor MOTION PASSES: 6-0. 3. 11.023 60 WEIBEL AVENUE APARTMENTS, site plan review for mixed use building in a Transect-4 District. Applicant: Weibel Avenue Apartments, LLC – Sonny Bonacio, Bonacio Construction Agent: Dave Carr, LA Group; Shawn Bourke, LA Group; Mike Comm, LA Group Architect: Brett Balzer, Balzer, Tuck and Hodge Architects SEQR: Negative declaration previously issued for special use permit on September 9, 2009. Sonny Bonacio, Bonacio Construction stated about 7 years ago, the Mill purchased the property with the understanding that we were going to be putting the First Guarantee Mortgage World Headquarters out there. We did City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 3 of 11 not go through with that project which was originally 150,000 square foot 750 car project that was approved and then did not move forward. We then went under contract with Jake McCabe who hired Brett Balzer and the LA Group to do a site plan. Mass and Scale was approved and actually Special Use was issued for 178 units and some commercial space. Mr. McCabe was unable to fulfill his land contract with the applicant and was unable to make payments to local firms that he used to do work. The contract was again sold and this applicant also failed to fulfill his contract obligations. My partners and I are under contract with the Mill to purchase the project. We are different than the other applicants who have gone before you. No one had funding or financing. We have funding being provided by a local bank at this point for the entire project. We also squared up the accounts with Brett Balzer and the LA Group and we went back to the original design because it was a very nice design and layout and what the Special Use Permit was issued on. That is a brief history of where it was and where we are now. The intent of the original project is exactly the same. This will be an amendment. Mr. Carr gave a visual presentation of the project. The green space is configured differently, and the buildings are turned somewhat. This project has 11 buildings as the approved plan did. What is new is the public free space. We have increased this. It is ¾ of an acre larger than what was originally proposed. We still have 178 residential units, with a commercial ground floor, and enclosed parking. There will be two front buildings "A" buildings. 8 "B" buildings which flank the public green and 1 "C" building. The road layout is exactly the same grid form as was the original grid. The sanitary sewers and the water and off site sewers are exactly what included in the discussions for the Special Use Permit and also as part of the last application. The plan did receive technical approval on the roadways, water, and sewer. Storm water management has changed slightly but the concept is the same. There is zero runoff from this site. Also the layout of the perimeter buildings is pretty much the same. There are no driveways out onto the roads, they are all internal. They all face the street. The change happens in the introduction of additional alleys and the introduction of garages on both sides of the internal buildings. That is the biggest change from the two plans, not the number but the way the units are laid out. The applicant met with the DRC last week and are scheduled to see them again next week. Brett Balzer will take you through the thought process behind the architecture. Brett Balzer, Architect, Balzer, Tuck and Hodge Architects gave a three dimensional visual presentation of the project. The applicant believes this is keeping with what the City has proposed for the T-4. The front two buildings "A" buildings ground floor commercial space in both buildings. There is a 25 space parking garage enclosed on both buildings and there are 41 apartments on the second and third floors, about 70,000 square foot per building. There are 10 “B" buildings on the back 2/3 of the site. Each "B" building has 10 units for a total of 80 units. There are 2 "C" Buildings along the PBA road. Each "C" building has 8 units for a total of 16 units, totaling 178. All of these revolve around a public green space. The green space is the size of 1 ½ regulation football fields. The two mirror image “A” buildings are a gateway to the 12.5 acre complex. Regarding the materials there will be fiber cement siding, cultured stone on the buildings, balconies, vinyl siding, azak cornerboards and vinyl slips behind the windows. We will be using an earth tone pallet color. Each unit has a private balcony and each apartment has access to their garage. There is no architectural context out there to pull from. Time and effort was also spent on the "B" buildings as well fueled by the marketability of these units. Brett Balzer explained the elevation change and how they have dealt with it in this project. There is approximately 5 feet between the two "A" building, and the remainder is being made up through grading. Dave Carr, LA Group discussed the green space plan. It is a large space. The idea and concept behind the green space is this is not just a piece of green that is left there. We have almost gone back to the original plan. One of the major functions is to collect rainfall. The second idea is that we want a space that people can use in any way they wish. They can have a picnic, they can play football, they can throw Frisbee, they can play soccer, and we really think with an open ended space like this it really allows the residents of the community to choose what they want it to be. Even to the idea that there could be one corner and community gardens could be created. We as landscape architects are against creating the space ourselves, and let the residents create the space. The applicant is trying to keep the aged trees but they are not healthy and we will work around these elements as the project progresses. The streets are little different. Bike lanes and vehicular traffic will share the streets. There will be parking on one side. City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 4 of 11 These streets are wider than normal City streets and are approximately 38" in width. We are providing dead end connections at the end of the project for future connection if and when it is ever necessary. The utilities have been designed to handle all the flows associated with any future development. There will be an intersection improvement associated with this development it would be a reconfiguration of this intersection with a left turn lane out of the PBA road and then a center turn lane in. A neighborhood master plan which was requested in 2004 to come up with a possible build out of that area. As far as future traffic impact, water, sewer were all investigated at that time and updated with out original proposal in 2009 to try to assess impacts for that entire T-4 up to T-5 zone. Philip Klein questioned the policing of the green space area. Dave Carr stated there is no thought at this time for any organized activity. If you want to go out and get a group of people together and go play you find a space. Sonny Bonacio stated as the father of an 11, 10 and 8 year old, it is amazing what children come up with in a field. If we go by in the evening to check the property and I see a gentleman chipping a little, and putting and some kids playing I believe we will have succeeded in what we were trying to achieve. Dan Gaba asked about lighting and streetscape and landscaping. Dave Carr stated there will be standard City lighting meeting code along the PBA road and streets and alleys. Sonny Bonacio thought it was better instead of having individual lights over everyone's garage or doorway to have streetscape type lighting within the alleys. Street trees will meet the requirements of the City code. We have some foundation plantings around the commercial buildings. Over time there maybe more foundation plantings done with the apartments. We are trying to make this as environmentally sensitive as we can as far as putting water back into the ground as quickly as possible. All the green spaces have a function beyond being play areas they are going to collect storm water. Howard Pinsley asked how the applicant was going to get the storm water to the green areas. Dave Carr stated from the units along the perimeter basically just sheet runoff and then catch basins and pipes. This will be released as soon as possible into the green areas. The green areas actually grade from north to south slightly and we are going to grade it so it flattens out and drops, so that it will store water up to a couple of inches until it perks into the ground. Clifford Van Wagner, Chairman stated one of the fire department concerns was the recommendation of an additional fire hydrant on the southwest corner as you enter the PBA access road. David Carr stated the applicant has no problem with that. Amy Durland stated she is trying to make sense of the configuration of this project in the context of the Transect Zone standards which encourage a mix of unit types in a block grid typical of existing urban residential areas in Saratoga Springs. Where are the streets, where are the alleys, etc. Dave Carr explained that most of the roadways are alleys not primary streets. There are two primary roads. Amy Durland stated in keeping with the T-4 standard which speaks of a grid there has to be a road forming a grid. Just having roads going north to south there has to be some way of conceptualizing or making sense of this project in terms of the roads that go east to west as well. Dave Carr stated the roads go north to south and the alleys go east to west comprising the grid. Several alleys could be extended into the next property to continue the grid in both directions. They alleys are 18 feet wide. City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 5 of 11 Amy Durland also questioned the facing of the garages. What was anticipated by the Transect -4 Zone was a more traditional Saratoga Springs neighborhood with a clearly defined front streetscape that is pedestrian oriented. The alleys are a secondary function which is used basically to have people access their automobiles to retain the pedestrian nature of the front streetscape. If you are talking about east to west what is the pedestrian street? Dave Carr stated they are north and south. There are none east to west. Amy Durland stated she believed some of the traffic issues were deferred to site plan. David Carr stated not from our standpoint. I believe that was your feeling on the Board at the time. We had a traffic study done. It was updated in 2009 with new counts. The new counts agreed with what was done in 2004. As a matter of fact they found that that the traffic was actually less than in 2004 on Weibel Avenue and it was done in the summer of 2009. The traffic mitigation network proposed was what was stated in the Traffic analysis which was done by Creighton Manning in 2009. There is no additional improvement associated with this plan beyond the Special Use Permit. Amy Durland stated than there is no sense that 24,000 square feet of commercial or 178 units are going to add a traffic impact beyond the turn lanes. Dave Carr stated the difference is that Weibel Avenue will be widened at the PBA road for a center turn lane. It is basically for people turning left into the PBA access road and to allow traffic to keep moving. Leaving the PBA access road where there are two lanes now there will be three. It allows stacking for people to turn left while people are allowed to turn right. What it does is alleviate the delay at that intersection. Amy Durland stated there is there also another entrance into the project? Dave Carr stated no the entrance into the project is off the PBA road. Amy Durland stated the PBA range is actively used. What precautions are being taken if any? Dave Carr stated there are no precautions being taken. It is a safe facility. It is not a concern, possibly some sound issues, but no safety issues. Amy Durland questioned if there are any odors from the compost facility nearby. Dave Carr stated yes there are odors from the compost facility nearby at certain times. Amy Durland stated her next concern was about the number of trees proposed. She believes there are 86 trees being proposed for this project. For 12 acres it is not very much it is approximately 7 trees per acre. It would be my preference to see more trees. Especially with the large open space area in the middle. When I look at this project it seems a little sparce on trees and I think you will want the shade as well as the added ability to collect ground water. In the Transect-4 Zone Standards it does talk about one tree per 40 feet. Clifford Van Wagner, Chairman stated except for having cars parked in front, we have garages which take the cars off the streets and out of the alleys and sort of hide them. I think this amended site plan that I see here is really in keeping with the T-4 zone. Amy Durland stated the T-4 zone encourages on street parking. Dave Carr stated we would love to have on street parking along Weibel Avenue and actually a plan shows that we have made a provision for possible future parking along Weibel Avenue in case the speed limit is ever reduced from City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 6 of 11 40 MPH to 30 MPH. We feel it is crazy to have a Transect Zone along a street where you cannot park. However, public safety is saying we cannot and that is fine. The provision is there if for some reason someone changes their mind. The sidewalk is designed so that the parking can be constructed, there can still be a bike lane and there can be a green space in the sidewalk. Dan Gaba asked about the use of porous paving. Dave Carr stated porous paving was not a part of the first plan, it was part of the second plan it is not included in this plan quite frankly because the applicant states it is untested. It is a pretty good outlay of money for something that is not tested. We think it is a great thing that the City is willing to take a shot at it with the McPadden subdivision on Ash Street. In a couple of years that will be tested. Clifford Van Wagner, Chairman stated a while ago with another project we discussed the possibility of CDTA having a cut in for a stop and we heard very adamantly that CDTA is not interested because there is not enough traffic to warrant such. Is there an opportunity within your site plan to accommodate this? Kate Maynard, Principal Planner stated we did have communication from CDTA where they stated they prefer to stay on the main roads for efficiency. Dave Carr stated that there is a provision for this when this project gets built out. The issue is CDTA requires that there be a stop for ingoing and outgoing. So we needed a stop across the street and it is not economically viable for us to construct what many people thought was an unsafe route across that road to a bus stop. It was calculated that with this development built out there would only be probably with their numbers about 7 people a day using the bus. Amy Durland questioned if the north south streets have on street parking. Dave Carr stated yes, on one side. There is clustering around the commercial space on one street and clustering around the green space on the other street. Clifford Van Wagner, Chairman asked if there was anyone in the audience who wished to speak regarding the application of Weibel Avenue Apartments. Ida Harvey, 4 Seward Street. What is the cost for these apartments? How much will they rent for? Sonny Bonacio stated these are market rate apartments. Ida Harvey asked what market rate apartments are. Sonny Bonacio stated what the market will bear. Ida Harvey requested an actual price range. Sonny Bonacio stated these apartments are in line with the project namely The Paddocks about $1.42 to $1.50 a square foot. Kate Maynard, Principal Planner stated regarding one question remains regarding the utilities especially the sanitary, one portion remains stubbed road “A” at the northern property line. The question being it would have to cross the private property owner’s property to be extended and require an easement or would have to be extended down to Weibel Avenue. Dave Carr, stated one of their concerns is we are spending about $750,000 on offsite sewers and our offsite City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 7 of 11 costs are about $1,500,000,000, which is part of the project and we understand that. However, one of our concerns is that this is not going to be built in its entirety right away. We have calculated the park and recreation fees at build out to be close to $300,000. What we are asking to consider and perhaps put on the Mylar’s is that the park and recreation fees be paid upon issuance of a building permit. Kate Maynard, Principal Planner stated procedurally there are a couple things we would have to work out. This would also have to be discussed with the Building Department. Brett Balzer, gave the Board a 3-D overview presentation of the project. Clifford Van Wagner, Chairman, stated we have a SEQRA negative declaration and Special Use Permit granted two years ago, the 70,000 square feet of mixed use per building remains the same. 178 rental units are the same. The roadways are the same. The water and sanitary sewers are the same. Green space is ¾ of an acre larger in this application. Standard city lighting, street trees per code. Bicycle paths on roads A and B and the PBA road that are 38 feet in width as opposed to the standard 28. The traffic was addressed and handled by special use in 2009. The improvement to Weibel for a turning lane is the required traffic mitigation. The applicant agrees to an easement in the northwest corner for potential sanitary sewer hook up. Phased in fees contingent upon building department approval. Bike racks and benches. Trees to meet requirement of the T-4 zone. Lighting along the PBA access road. Decorative street lights will be used. Philip Klein stated he would like to keep the large green space open. Amy Durland stated having some area with trees will be beneficial almost without a doubt for the people who will be using it. People will want some shade. It will add some character. Tom Lewis made a motion for site plan approval based on the following: 70,000 square feet of mixed use per building, 178 rental units, Roadways remain the same. The water and sanitary sewers are the same. Green space is ¾ of an acre larger in this application. Standard city lighting, and street trees per code. Bicycle paths on roads "A" "B" and the PBA road that are 38 feet in width as opposed to the standard 28. Traffic was addressed and handled by special use in 2009. Improvement to Weibel for a turning lane is the required traffic mitigation. The applicant agrees to an easement in the northwest corner for potential sanitary sewer hook up. Phased in fees contingent upon building department approval. Bike racks and benches. Trees to meet requirement of the T-4 zone. Lighting along the PBA access road. Decorative street lights will be used. Also a reaffirmation of a SEQRA Negative Declaration and approval of Special Use Permit back in September of 2009. Any issues which need to be addressed per the City Engineer will be addressed by the applicant before the Mylar’s are signed. Seconded by Howard Pinsley. Clifford Van Wagner, Chairman asked if there was any further discussion. Amy Durland stated she usually indicates when she is not going to support a motion. It is pretty much the reasons I have indicated in the discussion. I am concerned that this is creating a super block. I am questioning whether this is consistent with the streetscape standards for T-4 in that a street network should create blocks with a maximum perimeter of 1400 square feet and I think this is in the direction of a larger concept than that. Grids that are promoted in the standards are supposed to be typical of existing urban residential neighborhoods. The residential lots should be served by alleys to preserve pedestrian character of streets; instead here the alleys are being used largely for pedestrians. There is no clear front entrance to the residential structures and the garages are on both sides. I find that just too confusing for a new neighborhood where I thing we should be focused more on what the Transect Zones were trying to achieve. In addition, I have to say it is not just the small applications, there were other applications and other examples in the City of porous pavement being used, apparently successfully and the things that I have read suggest that it is not all that questionable. I wish there were a couple more green features City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 8 of 11 in this project it would be a good place to have it. I do think it does need more vegetation. I do think there needs to be more trees and as far as the recreation fees go I don't have any objection at all but I am not prepared to make a recommendation until we have had a chance to consult with the building department. So for all those reason I will not support the application. VOTE: P, Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; T. Lewis, in favor; C. Van Wagner, in favor A. Durland, opposed MOTION PASSES: 5-1 9:00 P.M. Board Recessed 9:05 P.M. Board Reconvened 4. 11.012 SEWARD STREET APARTMENTS, Seward Street and Morgan Street, sketch site plan for apartment buildings in the Urban Residential-4 District. Applicant: Gordon Residential Development, David Gordon Agent: Norman Ward, LA Group; Dave Carr, LA Group Jerrett George, Gordon Development. SEQRA: SEQRA action is not required with sketch discussion. Action appears to be an unlisted action. This area received prior site plan approval for Arcadia Apartments – 58 unit luxury senior apartment complex on November 12, 2008. This is a UR-4 District and requires site plan review for multi-family residences. The applicant did not pursue the project and so the approval has lapsed. This is a new project for apartments not limited to seniors. Mr. Norman Ward, LA Group, gave a visual presentation of the project. The site does have some bedrock. We do have plan to grade the site more to the ground level of the surrounding areas. Bedrock is present along the outer areas as well. Grading the site to a more consistent level of the surrounding neighborhood which could reduce the added perception of taller structures on hillside. The plans are very similar to the Arcadia plans regarding access. The applicant is trying to minimize the amount of pavement and increase the green space area. The biggest issue here will be the management of storm water. We do not want to use structures and pipes; we want it to be gravity flow as much as possible. That will be a major challenge when we move into site plan. There is a central green space area. Parking is achieved intermittently. We did add perimeter sidewalks. Philip Klein stated he was concerned regarding the height of the building facing Seward Street. It will tower over all the homes on Seward Street. Suggestion was made to flip two buildings so that the tallest building would not face Seward Street. Howard Pinsley asked if the applicant would think about using porous pavement. Mr. Norman Ward stated possibly. Clifford Van Wagner, Chairman stated this whole area is bedrock and is not a good area to use porous City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 9 of 11 pavement since the water will have no place to drain. Porous pavement will not work. The SWPPP is going to drive the placement of the buildings more than anything else. The whole site will be driven by how you can control the water and you will have to get it to the northwest corner. Amy Durland stated she believes that Paul Male stated this would have to be done in conjunction with the engineering report because the location of the buildings is going to be driven by the storm water. Clifford Van Wagner, Chairman stated these sketch plans are non binding. No action will be taken tonight. The Board needs to decide which of these scenarios we feel is moving in the right direction and then really see how the storm water drives the site. Then you will come back and tell us if 58 units are viable. This is how it is going to happen. This is a work in progress. The Board is telling you that they are concerned having a three story building facing onto Seward Street rework this plan. You are entitled to two sketch plans per code at the Planning Board's discretion we can give you additional sketch plans. Maybe you might want to do that. This is the inexpensive way to go. This is to help you along. What we are looking for uniformly is a lesser impact on Seward Street by going to two stories. We need to see a two story building along Seward Street. I think that is a fairly unanimous thought process here. Then you need to rework the storm drainage numbers fit the buildings on the site and come back and tell us if you can get 58 or whatever the number is. Discussion ensued regarding parking requirements, alleys and sidewalks and the height of the building. Mr. Ward continued with his presentation, along with interjections of landscaping details by Jerrett George. Clifford Van Wagner, Chairman asked if anyone from the audience wished to speak regarding the Seward Street application. Ina Harney, 40 Seward Street. I would love a lower building. This building would tower over my home. Secondly, you are talking about taking down the berm. That is all stone and all kinds of blasting will be needed. I also have an issue with Seward Street is higher than my whole yard. When the water runs off it will run into my yard. Not only will you have a water issue on the other side with Birch Run but I want to make sure that when you do all this finagling on the Seward Street side you do not have water pouring into my house. These apartments were supposed to be for assisted living or elderly people who really won't be driving around much. You are now moving in 58 apartments two bedrooms in some three in others. I know in this City a lot of these three bedroom apartments are rented by multiple people. That is not one car or two but three. So now, Seward Street which has a high blind spot is a busy enough street but you are now adding additional traffic? Sheila Levoc, 42 Seward Street. My driveway is opposite this apartment complex. I have enough trouble getting out of my driveway now with traffic coming up the hill or down the hill. Clifford Van Wagner, Chairman stated the applicant does have a right to develop his land. The Planning Board's responsibility is to make sure that it is compatible with all the City's Zoning Codes and Comprehensive Plan. The zone that it is in is a UR-4. The zoning code does dictate what the height can be. The Planning Board does have the ability to request it to be less than what the maximum is. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board? Amy Durland stated the principal permitted use of this zone is single and two family structures. So with site plan review multi family residences are allowed but the principal use does indicate the intent of the zone and about the compatibility of the surroundings development. Also you should be aware that the site plan decisions for Arcadia indicated a number of conditions some of which seem like they would still probably apply to this. City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 10 of 11 Clifford Van Wagner, Chairman stated it looks like you will need to do some more work. When you are ready to return contact Kate and we will place you back on the agenda. APPROVAL OF MEETING MINUTES: Dan Gaba made a motion to approve the minutes of the May 25, 2011 meeting with any changes and/or corrections. Seconded by Howard Pinsley. VOTE: D. Gaba, in favor; P. Klein, in favor; H. Pinsley, in favor; C. Van Wagner, in favor A. Durland, abstained MOTION PASSES: 5-1. MOTION TO ADJOURN: There being no further business Clifford Van Wagner adjourned the meeting at 9:55 P.M. Respectfully submitted, Diane M. Buzanowski Approved: 6/22/11 City of Saratoga Springs Planning Board Minutes – Wednesday, June 8, 2011 – page 11 of 11