Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JULY 27, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Tom L Lewis, Vice-Chair; Amy Durland; Philip Klein; Dan Gaba; Howard Pinsley STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:04 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. ADJOURNED AT THE APPLICANT'S REQUEST: 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. 10.052 CDJT WORKFORCE HOUSING, Citywide, City Council request for an Advisory Opinion for review of Zoning Amendment Proposal request for workforce housing. 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. 11.020 DUPRAS SUBDIVISION, 29 and 47 Staffords Bridge Road, public hearing on a 2 lot subdivision in the Rural Residential-1 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. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board caravan will be held on August 8, 2011 @ 4:00 PM Planning Board workshop will be held on August 8, 2011 @ 5:00 PM Planning Board meeting will be held on Wednesday, August 10, 2011 @.7:00 PM. Quarterly Land Use Board Meeting, Mark Schachner "Proper Land Use Decision Making" on Monday, September 26, 2011 at 7:00 PM. PRIVILEGE OF THE FLOOR Clifford Van Wagner gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. Geoff Wood, 26 Lincoln Avenue, Saratoga Springs. I am here with some follow up information regarding the DUO project, 175 South Broadway. The site plan was approved last month. The main purpose of that meeting was for them to bring a plan which corrected many zoning violations that were in the draft plan. It was ultimately approved. They also added a little patio to the application on the front. I am here to tell you that they built the patio. They have not done anything else. All other site violations that were done illegally since January are still in place. The results are ineffective the way it has gone. I know that you are not an enforcement board but I wanted you to know that what you have done has been ineffective. They have done what was good for them and they have not done anything else. Clifford Van Wagner, Chairman stated a portion of that was brought to my attention today. Kate and I are now aware of it and some action will be taken. ANNOUNCEMENT OF PROJECTS REMOVED FROM THE AGENDA: 1. 11.022 SBA NETWORK SERVICES, INC. AND VERIZON WIRELESS, 2328 Route 50 South, request from Zoning Board of Appeals for SEQR lead agency to construct a new telecommunications facility in the Office Medical Business District. Adjourned to September 14, 2011. 3. 11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 18 Phila Street, public hearing for a special use permit for neighborhood rooming house in the Urban Residential -3 District. Adjourned to September 14, 2011. APPLICATIONS UNDER CONSIDERATION 2. 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. SEQRA: This project appears to be a Type II action. Agent: Matthew J. Jones, Jones, Ferradino, Attorney at Law Applicant: Paul Bricoccoli, Jr. Mr. Jones, stated a temporary special use permit was approved on May 16, 2007. Renewable special use permit approved May 28, 2008 with conditions to expire May 28, 2011. The project was last reviewed by Planning Board at April 13, 2011 meeting at which time site improvements were proposed to be shown utilizing City provided Project and was issued a temporary extension for existing special use permit through tonight at July 13, 2011 Planning Board meeting. We will assume primary responsibility for for sidewalks, lights and striping. Plans have been re- drawn and re-submitted. Two curb cuts have been proposed on Nelson Avenue, and one on Gridley. We are City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 proposing to omit the curb cut on Gridley and keep the two onto Nelson. This will aid in traffic flow. We are also proposing to request a Permanent Special Use Permit and the rationale for that was described in a letter submitted to the Board and staff. Mr. Jones presented an argument to the Board requesting the Board’s consideration to grant a permanent special use permit. Philip Klein, stated as far as the length of the special use permit. I would be the first one to state that the City should recognize its own shortcomings. I think the City has a history of poor code enforcement in certain areas. I like the ability to look at the project every 3 or 4 years. I would be willing to go that long and ask the Board to consider issuance of a special use permit for that period of time but based on the noise and the traffic, which are two major elements of that intersection and location, I really cannot see granting a permanent special use permit. Clifford Van Wagner, Chairman stated regarding Phil's comment I agree that a permanent special use permit might be a stretch. I also agree with Matt that these applicants have done everything to the letter of the Planning Board’s request in running an operation over there. The neighbors indicated when they appeared before the Board that you were very receptive to their comments. My thought on this was 6 years. Who knows what the track is going to be in 5 or 6 years. Amy Durland stated I think we have to distinguish between the formal process versus the informal process regarding DUO. That was just a neighbor coming and apparently triggered a response from the Planning Office. There was no formal intervention by the Code Enforcement and the Planning Board and in my experience on these Boards that has never happened. If there is some intervention with some non-compliance with some term of a special use permit it does not come typically from the Planning Board at all. Not only might the track change but the owners might change. We can't assume that the good track record that these gentlemen have is necessarily going to continue forever. I tend to think, like Phil 3 or 4 years is better and if things are going well it would not be an onerous difficult process. It would be a safeguard that we would have. Clifford Van Wagner, Chairman asked if anyone in the audience would like to comment on the Horseshoe Inn application. Hearing none. Discussion ensued regarding the traffic pattern onto Nelson Avenue and having two curb cuts onto Nelson Avenue and the impact during track season. Clifford Van Wagner, Chairman stated to review briefly the applicants are agreeable to two Sternberg Lights per the submitted plans, sidewalks as shown on the submitted plans, crosswalk stripping on Nelson Avenue as shown on submitted plans, eliminate the curb cut at the corner of Gridley and Nelson and on the entrance and exit of the parking lot on Nelson Avenue, have signage indicating such. Outdoor entertainment will remain as previously indicated and this is all contingent upon the City's plan for their improvements to that area after the track season. Regarding the street trees the applicant will work with staff and the City Engineer in determining location. Discussion among the Board regarding granting a special use permit for a time period longer than one year. Amy Durland stated in considering the length of the special use permit and what is different about this application as opposed to other applications with outdoor entertainment is the zone that this is in. Also, the fact that this is only 44 seats, the distance between this particular project and the neighborhood, the history of documented concerns, which I believe there were not many for this particular project, and the level of security that you have indicated in the past that you provide for your project. It is because of all that to be honest that I am not saying just a one or two year special use permit. I wanted to get that on the record. Clifford Van Wagner, Chairman asked if there was a motion to approve a renewable special use permit for live City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 outdoor entertainment in the Tourist Related Business District for the Horseshoe Inn at 9 Gridley Street, with the following conditions: Up to two street trees on Nelson Avenue as agreed upon by Planning staff and , eliminate the curb cut at the corner of Gridley and Nelson, 2 Sternberg Lights, sidewalks as shown on submitted plans, stripping on Nelson Avenue agreed upon by the applicant, endorsed by the Planning Board but subject to approval by the Commissioner of Public Safety, signs that show entrance only and exit only at the curb cuts for the driveway at Nelson Avenue, and a six year renewable special use permit. Prior conditions will remain in effect. Motion made by Howard Pinsley. Seconded by Tom Lewis Clifford Van Wagner, Chairman asked if there was any further discussion by the Board. None heard. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 Clifford Van Wagner, Chairman stated the order of the Agenda would be changed due to the availability of applicants. 5. 11.029 OLD BRYAN INN, 123 Maple Avenue, modification to site plan in the Transect-6 District. Variance received April 27, 2011 for a single story structure (2 story minimum required in T-6). Proposed addition to existing site exceeds the 1200 square foot threshold for site plan review. DRC historic review is required. An advisory opinion provided to the Zoning Board of Appeals in relation to the requrested single story variance stated "it is entirely appropriate and recommended that any addition not compete with the height of the original structure." No parking is required in the T-6. Stormwater line currently goes under patio area, proposed location to remain under structure. SEQR: Action appears to be a Type II, no further SEQRA review required. Applicant: Steve Sullivan, Owner/Old Bryan Inn Agent: Mike Ingersoll, LA Group; Matt Brobston, LA Group Matt Brobston, LA Group gave a brief recap and visual presentation of the project to the Board. The site is .25 acres in size relatively small. We have received zoning approval for the two story requirement. There was a previous single story addition off the back of the building. Clifford Van Wagner, Chairman asked if this application has been reviewed by the DRC. Steve Sullivan, Owner, stated the application has been before the DRC. They referred the application to the Planning Board and we will return to the DRC in September. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the Old Bryan Inn application? None heard. City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 Clifford Van Wagner, Chairman stated there are no concerned neighbors since the notifications have gone out. The applicant has put on the record that in response to Planning and Engineering staff comments that they are putting the new construction over the existing storm line and they accept that responsibility. They have shown the Board several opportunities for clean outs, one being a Y and one being the ability to clean out from west to east. The fact that this is the oldest building in the City Saratoga Springs and the fact that the DRC has endorsed this speaks volumes for not only the applicant but for the architect as well. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. None heard. Dan Gaba made a motion to approve the modification to the site plan for the Old Bryan Inn, 123 Maple Avenue. Seconded by Philip Klein. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 Clifford Van Wagner, Chairman stated the order of the Agenda would be changed again due to the availability of applicants. 6. 11 .028 WOODLAWN OVAL PARKING LOT, LAWRENCE STREET, site plan review of parking lot in the Woodlawn Oval Planned Unit District RECUSAL: Clifford Van Wagner, Chairman – employed by Wesley Health, recused himself from the hearing. Tom Lewis, Vice Chair took over chairmanship of the meeting for this application. DISCLOSURE: Philip Klein is on the Board of Directors of the Wesley Health Center. He has no financial interest in this application and he feels he can be objective in reviewing this proposal. Applicant: Brian Nealon, Wesley Health Care Community. Agent: Dave Carr, LA Group Mr. Nealon stated since 1994 that we have not added any parking for the nursing home. Since that time we have become a teaching site for BOCES LPN, program, for Mildred Elley's LPN program, and we host the YMCA's nursery school program three days a week, September through June. We also host BOCES Visions Program, which gives us about 15 high school students during the school year that receive all of their classes at Wesley. So, from the middle of September until the middle of June we have a significant parking problem that we didn't have when we last built Eddy parking. If you were to go up to the campus on a weekday right now you will not see that problem City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 because most of these agencies I just cited use our services September through June. We would like to begin this process as soon as possible. Amy Durland questioned how the admininstration came up with the addition of 71 spaces. Mr. Nealon stated they did an internal parking study based on our peak usage times. Mark Marquard, LA Group gave a brief slide presentation of the project. We will illustrate a parking analysis diagram in this presentation and will provide copies to the Board. Mark Marquard's presentation gave a synopsis of how they arrived at the additional spaces, as well as the addition of 3 handicapped spaces to be provided closer to the buildings. Also addressed was another concern of the Board by adding a pedestrian connection from the parking lot to the building. There are some trees that will be planted and the existing buffer vegetation is all being retained. Amy Durland stated because this is site plan there was no neighbor notification. It does seem that you have addressed the issue of buffering this from the neighbors. Have you received any feedback at all or has there been any voluntary reach out to the neighbors? Mr. Nealon stated they have not contacted the neighbors but we certainly have always attempted to make sure that we are as neighbor friendly as possible. We are certainly willing to make sure that the appropriate buffering occurs and that the appropriate lighting is installed. We have 700 seniors living on the campus and we do not want lights shining in anyone's windows be it our neighbors or be it our residents we will make certain we are being as cooperative with any concerns that our neighbors may have. Amy Durland questioned the parking islands. Mark Marquard stated a greenspace analysis has been done and 28% of the space remains green. Kate Maynard, Principal Planner noted that the site plan application is in compliance with the Woodlawn Oval PUCD in terms of the required green space, maximum impervious area, and parking per identified campus use. A pedestrian connection to the existing pedestrian path from Clinton Street has been added at the suggestion of the Principal Planner. Philip Klein questioned creating a possible second walkway by removing a center island. If you parked your car in the middle lot you would not have to walk all the way to the end to cross over especially in the winter. Mark Marquard stated unfortunately this island area houses a swale. Dan Gaba asked about lighting. Mark Marquard stated the lights will match the existing lights, and will not be installed further than the property boundaries. Dan Gaba asked if there would be lighting on the new walkway where it intersects the path that exists. Mark Marquard stated no lighting is proposed for this area but they can add a light in this area. Howard Pinsley made a motion to accept the site plan for the parking lot in the Woodlawn Oval Planned Unit District, with the addition of one light where the new crosswalk intersects with the existing path. Seconded by Dan Gaba. SEQRA: Negative declaration issued with PUCD application. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8  D. Gaba, in favor; H. Pinsley, in favor; MOTION PASSES: 5-0 The Board recessed at 8:20 P.M. The Board reconvened at 8:26 P.M. 4. 11.001 420 BROADWAY (LILLIAN'S PARKING LOT), 420 Broadway, site plan for a mixed used building in the Transect-6 District. City Council deferred lead agency to Planning Board on February 15, 2011, DRC deferred lead agency. Action encompasses both the conveyance of property from the City to the private owner as well as the proposed project. Project appears to be a Type I action ("any unlisted action occurring wholly or partially within any historic building, site., district listed on the National Register of Historic Places") with the City Council, and DRC as well as other involved agencies. Sale agreement signed June 2, 2009 that provides for conveyance of property to Bonacio with specific conditions (Agreement for sale of property included in packet). All final approvals for project be secured from land use boards before conveyance will take place. Project last appeared before the Planning Board January 26, 2011. DRC reveiew is required. Applicant: Bonacio Construction, LLC Agent: Mike Ingersoll, LA Group Mike Ingersoll, LA Group gave a visual presentation to the Board. Walkways along the sides of the building providing connection from Broadway to Putnam Street. Purchaser will assist in the landscaping of Gardner Lane in cooperation with City DPW. The area that houses the Desert Storm Monument and Flagpole and placque will move and additional planters and benches and some new lighting will be added. Kate Maynard provided comment that DPW Commissioner has final say over location, the plans provide for a location for both, but can be changed at any point. Proposed parking will be private, underground, 28 spaces. Additional lighting has been added to the side access and rear stairwell in response to Kate Maynard’s question regarding lighting and public safety. Clifford Van Wagner, Chairman stated at this time we will open this up to the public. Bill Waldrich, Manager of the building next door to this property and the only question I have is regarding the egress. During construction will those be eliminated? Mike Ingersoll, LA Group stated the right of way will remain available and open. All draft easements have been provided for review to Planning staff, and as requested, sheet included in final plans that shown extent of different easements and brief description of their purpose. Clifford Van Wagner, Chairman asked if anyone in the audience would like to comment on this application. None heard. Amy Durland stated your SEQRA description Part I spoke about odors being produced. Mike Ingersoll, LA Group, as far as odor is concerned it could be resident generated or possibly a restaurant located in the area. There would not be any noxious odors. Amy Durland questioned if there are any tenants for the building? City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 Mike Ingersoll stated there are no tenants at this time. Amy Durland stated also in the SEQRA document you mentioned blasting. Could you just for the record briefly just describe what the procedure would be. Mike Ingersoll, LA Group stated they would follow the City's process. If there is blasting indicated they would have to enlist the expertise of a risk manager. Amy Durland wished to speak about the details related to an emphasis regarding shared access. Do you anticipate that the drains in the roadway would not interfere with bikes. Mike Ingersoll, LA Group stated there are no inroad drains. This is not an issue. Amy Durland stated also you do have bicycle racks which I am glad to see. For the people who might be tenants and have bicycles would it just be a simple matter of them accessing through the garage. Mike Ingersoll, LA Group stated he believes there are storage units available for tenants. Amy Durland questioned the type of trees being used. Mike Ingersoll, LA Group stated they will be using red maple trees indiginious to the area. Amy Durland asked if they new about structural soils which absorbs more water, and does not limit root growth. Mike Ingersoll, LA Group stated most nurserymen use that today. Philip Klein questioned the possibility of rooftop gardens. Mike Ingersoll, LA Group stated there is a possibility, of course. Discussion ensued regarding a green building. Clifford Van Wagner, Chairman stated the applicant has agreed to split the cost of repaving Gardner Alley with the City. There are certainly many other offsite improvements the applicant is making. Flagpole and plaque the applicant is willing to relocated them and make them part of the project, but again the City has final say as to the location. Bike racks, adequate lighting for flagpole and planter boxes. The applicant is willing to put a staircase on City property, all will be heated, both on the City property and applicants property. Clifford Van Wagner, Chairman stated the City Council deferred Lead Agency Status to the Planning Board on February 15, 2011. The first thing the Planning Board has to do is accept Lead Agency Status. Tom Lewis made a motion to accept Lead Agency Status in the 420 Broadway application. Seconded by Howard Pinsley. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 SEQRA: No large or important areas of concern noted. City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 Howard Pinsley stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Seconded by Dan Gaba. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 Clifford Van Wagner, Chairman stated the Board now needs to vote on site plan. The applicant has given us his input regarding the heated sidewalks, the planter boxes, the flagpole, the plaque, the bike racks, lights, stamped pavement on Gardner Alley with the agreement to split the cost of that with the City. The applicant has agreed as shown on submitted plans to heat the entire perimeter sidewalk of the building as well as a new staircase that will allow access from Putnam Street up to the sidewalk at the rear of the building and up either side of the building up to Broadway to promote pedestrian circulation safely. Underground parking accessible from Gardner Alley. We have the five easements that the applicant has agreed to do and add those as part of the final submittal, so those easements are readily found at a later date if necessary. Street trees, 4 inches in caliber 15 – 20 feet in height. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the site plan portion of this application. None heard. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Hearing none. Tom Lewis made a motion to approve the site plan as shown on the updated submitted plans and conditions as previously noted. Second by Philip Klein. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 APPROVAL OF MINUTES: Dan Gaba made a motion to approve the July 13, 2011 minutes with additions and corrections as submitted. Seconded by Howard Pinsley. VOTE: T. Lewis, Vice Chair; in favor, A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0 City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8 ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 9:19 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary City of Saratoga Springs Planning Board Minutes – July 27, 2011- Page 1 of 8