Planning Board

PLANNING BOARD MINUTES WEDNESDAY, AUGUST 10, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Amy Durland; Philip Klein; Dan Gaba; Howard Pinsley ABSENT: Tom L. Lewis, Vice Chairman STAFF: Kate Maynard, Principal Planner Joseph Scala, City Attorney Mark Schachner, Consulting Attorney arrived at 7:45 P.M. 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. ANNOUNCEMENT OF ADJOURNED PROJECTS: ADJOURNED AT APPLICANT'S REQUEST: 10.013 WHITE FARMS ROAD BED AND BREAKFAST, 66 White Farms Road, public hearing for a 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. COMMENTS FROM THE CHAIR: REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR 11.018.1 – ADMINISTRATIVE ACTION FOR SIRO'S SITE PLAN: Requested action includes: ▪ Reconfiguration of the garbage enclosure area and dimensions: ▪ The modification of the garbage receptacles from approved compactor, 8 cubic yard dumpster, and grease dumpster to (3) 8 CY dumpster and grease dumpster; ▪ Black top added to provide access for loading/unloading and path to the garbage enclosure. ACTION: Approved. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board caravan will be held on September 12, 2011 @ 4:00 PM Planning Board workshop will be held on September 12, 2011 @ 5:00 PM Planning Board meeting will be held on Wednesday, September 14, 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 Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS UNDER CONSIDERATION: 1. 11.008 THE GARDEN, 434-440 CHURCH STREET, site plan for a motel with therapeutic services in the Rural Residential-1 District. Applicant: Suzanne Jagoda. Agents: David Harper, attorney; Jason Tommell, Architect. SEQRA: Action appears to be Unlisted. The Zoning Board of Appeals has granted a variance for "Therapeutic Services" which was granted on June 6, 2011. The uses include therapeutic massage, acupuncture, Reiki, cranial-sacral spa services, nutritional counseling, lymph City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 2 of 12 drainage services, aromatherapy, and other similar uses. Mr. Harper gave a brief overview of the project, and the applicant's request for shared parking. Mr. Jason Tommell reviewed the site plan. Additional materials were submitted for the Board to review on August 5th, and August 6th, 2011, which proposed the elimination of the proposed parking lot to the rear of the therapeutic services building. Also, a proposal was presented to utilize existing spaces. Walking distances are as follows: 380 feet from Area A; and 225 feet from Area B. Per zoning regulations referenced in the ULI shared parking report both parking areas are well within 400 feet, best or ideal walking distances for uncovered parking. A 30% reduction would impact the applicant as follows. Demand shows we would require 20 non ADA compliant parking spaces and 2 ADA compliant spaces for a total of 22 spaces. With the 20 spaces a six space reduction would be required. This would decrease the parking spaces to 14. 10 parking spaces in front of the motel, and one ADA compliant space. We believe that between Area A and Area C we can satisfy the requirement for the balance of the 14. Area B would be an alternative area. Clifford Van Wagner, Chairman stated you currently have ten spaces provided in front of the motel. With the 30% shared parking you are requesting this Board to give you, a shared parking component that allows for 16 parking spaces in total 14 regular and 2 ADA. Where are you going to put those additional 6 spaces? It appeared that Area B was the most practical site because it is closer to the building which provides therapeutic services. So, the Planning Board has an opportunity for any combination above. Dan Gaba stated for consideration in Area C, right now you have two single family homes across the street, and there is no parking there now. I am a little concerned regarding introducing parking that would then be visible from the single family residences when you have a nice clear area over by Area B that would hide the parking. Howard Pinsley questioned if the two cabins will be used which are on the property? Suzanne Jagoda, stated the two cabins will be used for hydrotherapy and that is another reason why we thought Area A would be a good area for parking spaces. We plan to make compacted crushed stone pathways to both cabins. We will clear out some of the debris, and make access to both those cabins. Amy Durland questioned the applicant regarding having parking in either Area A or Area B or both areas. Suzanne Jagoda stated she would be very happy to have parking in both areas. Amy Durland stated then if we are talking about four spaces in each area that would exceed your request for shared parking. Is that acceptable to you? Suzanne Jagoda stated absolutely. Amy Durland stated this would still be a shared parking arrangement but the impact would be somewhat less. Jason Tommell stated we are going to have to provide one ADA spot so it will not be 4 spaces in Area A and 4 spaces in Area B. It will be 4 spaces in Area A and 3 spaces with one ADA space in Area B. Howard Pinsley stated regarding the crushed gravel. The cost is an obvious reason is there any other benefit. Suzanne Jagoda stated what I am trying to create here is a retreat not an office building and a motel. I have been looking at crushed stone versus asphalt. I like the physical appearance. I like the sound of crushed stone over asphalt. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 3 of 12 Mr. Harper addressed the Board and stated they had photographs of the bike trail which is paved on one side and crushed stone on the other. This currently exists behind the Price Chopper and shows the problem with the asphalt versus the crushed stone. Photographs were distributed to the board for their review. Suzanne Jagoda stated there are no maintenance requirements with crushed stone. You can fix it anytime during the year; it has more porosity than asphalt. Asphalt can only be repaired during a specific time during the year. Crushed stone can be plowed during the winter and because it is not a road, you will not generate the dust like you would if it were a road. It is easier to maintain and of course there is a cost factor. Crushed stone can be hard packed. A case in point, the photos which are being circulated to the Board. Bicycles, wheelchairs, even wheeled walkers can pass easily. As far as maintenance the crushed stone compacts the underlying soil so it deters root growth. Asphalt does not does not compact the underlying soil so that roots can get underneath, hence buckling and the constant need to maintain or remove vegetation that is able to grow under the asphalt as opposed to the crushed stone. Clifford Van Wagner, Chairman stated we are being asked to consider shared parking, with a total of 17 spaces. 15 regular and 2 handicapped. Currently 10 parking spaces exist in front of the motel. We will utilize parking spaces in areas A and B and none in area C. In area B you will have a total of three parking spaces, one of which is ADA and in Area A you will have four spaces. You are also proposing a deed covenant joining the two properties, so the use approved by the Zoning Board is explained. In the event that this is approved you would put verbiage in the site plan before signature by the Chair that the deed covenant would be very clearly spelled out. Dan Gaba questioned the applicant if he would be willing to combine the two handicapped parking spaces in Area B and move it from the front. The applicant stated it would be easier to maintain the two handicapped parking spots together. Clifford Van Wagner, Chairman stated the applicant will have two handicapped accessible parking spaces and they should not be in Area A. You want to be as close to the therapeutic use building as possible. Whether you put 2 in area B or leave 1 in A, the drawings will have to reflect a total of 17 parking spaces with no parking spaces in Area C, before the final plans are signed. The Board currently does not have any drainage data. Jason Tommell stated not at this point, however, the drainage is extremely minimal. Clifford Van Wagner, Chairman stated this is a small site. The Board has the opportunity to vote on this tonight with the condition that the City Engineer will make his comments and Mr. Tommell will have insure that all those comments are adhered to before the Chairman signs the final drawings. Are we in agreement with that? Mr. Tommell stated yes. Kate Maynard stated regarding the handicapped parking areas. The concern was the transition from the concrete pavement to the crushed stone and how that would be handled. I am getting more information regarding that just to assure that is not going to become an issue. Dan Gaba questioned the amount of lighting for safety along the paths to the cabins. The applicant will install as much lighting as is needed for safe passage through the area. Amy Durland stated the use of down facing lighting is what the Board is speaking about. The applicant was in agreement with the Board's suggestion. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 4 of 12 Clifford Van Wagner, Chairman stated we have spoken about the parking, we have talked about stone dust trails for the cabins, handicapped accessible parking, parking in area B, parking in area A, no parking in area C, repair to the sidewalk, installation of a ramp to the left of the office, down lighting as requested by the City Engineer and a deed covenant. PUBLIC HEARING: Clifford Van Wagner, Chairman opened the public hearing at 7:50 P.M. and asked if anyone in the audience wished to comment on The Garden application. None heard. Howard Pinsley stated in the workshop the other evening, it was mentioned eliminating one of the curb cuts on Church Street is that still something proposed by the applicant? The applicant stated, yes the curb cut will be eliminated in the area which gives access from the property to 9N. The plan is to terminate that at the end of the formerly proposed parking spaces. Dan Gaba stated now that we are introducing parking in area B it is pretty visible from 9N. Would there be any objection in that water shutoff area between the water shutoff notation and the street to add some screening. The applicant was agreeable to adding screening in that area. Amy Durland questioned the applicant regarding drainage issues and asked if there were any confirmation of that. Kate Maynard, Principal Planner stated so far what has been submitted has been reviewed. The storm water management report, the calculations provided on the map, and the information associated with the previous parking lot proposal. I recommend adding a condition that the plans be approved by the City Engineer and regarding the shared parking arrangement be added to the motion. Amy Durland stated the impact appears to be minimal, and the City Engineer is comfortable with this and the preliminary indications are that there aren't any major drainage problems. To the extent that you are invoking a shared parking arrangement based on the ordinance articulation of the Urban Land Institutes Standards, good for you because that has been in the ordinance for a long time and I am not aware of anyone else who has ever used it, especially in the Rural Residential zone. We do want to try keeping as much vegetation as possible and having the least amount of impact as we can. So, I am fine with this. Clifford Van Wagner, Chairman, asked if there are any further questions or comments from the Board. None heard. SEQRA No large or important areas of impact noted. 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. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 5 of 12 Seconded by Dan Gaba VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 Clifford Van Wagner, Chairman stated now we will vote on the site plan. PUBLIC HEARING: Clifford Van Wagner, Chairman stated this is the last opportunity for anyone in the audience to speak regarding The Garden application? None heard. Public hearing closed at 8:00 P.M. Clifford Van Wagner, Chairman stated this is a site plan for a motel with therapeutic services in the Rural Residential-1 District. The site plan approval is conditioned upon the following - Eliminate the curb cut to Area C on Church Street. Screening in front of the newly constructed parking Area B. No parking in Area C. Area A will have four spots; Area B will have three spots. There will be a deed covenant adjoining the two properties for uses approved by the Zoning Board. There will be down lighting as requested by the City Engineer. The sidewalk to the left of the office will be repaired and a ramp will be installed. Concrete pads will be used for the ADA spots. Stone dust for trails and connecting links to the cabins. There will be a total of 17 spaces. Fifteen regular and two handicapped for a shared parking proposal. The City Engineer will have the final say on any drainage issues that will need to be resolved before the Chair’s final signature. Clifford Van Wagner, Chairman asked if there were any further questions. Hearing none. Dan Gaba made a motion to approve the site plan with the conditions as presented. Seconded by Amy Durland. VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 Board recessed at 8:05 P.M. Board reconvened at 8:12 P.M. 2. 11.010 SIRO'S, 168 LINCOLN AVENUE, public hearing for modification to special use permit for outdoor entertainment in the Institutional Horse Track Related District. 3. 10.058 SIRO'S, 168 LINCOLN AVENUE, public hearing for modification to Special use permit for eating and drinking in the Institutional Horse Track Related District. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 6 of 12 SEQRA: Project appears to be a Type II action. May 21, 2002 the City Council rezoned this property from UR-2 to INST-HTR Project was last seen by the Planning Board on March 9, 2011 at which time a renewable special use permit was issued for outdoor entertainment. Amended Special Use Permit, site plan modification applications submitted, joint meeting held with ZBA on April 27, 2011 and before the Planning Board May 11, 2011. Amended special use permit and site plan modification were approved at Joint Planning Board/Zoning Board meeting on June 29, 2011. Condition of approvals in March 9, 2011 and June 29, 2011 continues waiver of parking spaces divided proportionally between the permanent eating and drinking and renewable outdoor entertainment special use permits. Eating and Drinking - 40 off-street parking spaces must be provided. Outdoor Entertainment - 121 off-street parking spaces must be provided. Applicant is proposing amendments to both outdoor entertainment and eating and drinking special use permits to allow for a change in parking location for required off-street parking. Sketch plan which was provided to the Board illustrates approximately 100 cars can be parked at corner lot, and up to 500 cars can be parked at NYRA main lot. Signed lease agreement dated July 21, 2011 with NYRA provides for parking operations at both proposed locations, and permission for garbage enclosure at the rear of the NYRA lot (approved per site plan modification June 29, 2011). Applicant proposed general change to language that cites that is no longer site specific. In the past, the Board has clearly required exact location and manner of parking to be provided as condition of special use permit. Clifford Van Wagner, Chairman stated the use of the CRDN lot is no longer in place as has been explained to us. This left Siro's needing to find additional off site parking spots so that the applicant could be in compliance with their parking requirements for the restaurant use. What has been presented, what we saw at the caravan on Monday evening, and what is shown in the application, is the applicant has a lease agreement now with NYRA to provide parking in a NYRA parking lot. We were just handed a memo from Frost Architecture outlining all the parking conditions which will become part of the record. The Planning Board has received a letter from Rose Tait. The Planning Board Members have all received one. Clifford Van Wagner, Chairman informed Mrs. Tait that she cannot send letters to Planning Board Members at home. All Planning Board correspondence must be directed to the Planning Board Office, to the attention of Kate Maynard, Principal Planner and she will disseminate each and every communication to the Board members without fail. It is not acceptable to send Planning Board Members correspondence at home. In the future please refrain from doing so. Applicant: Racing Restaurants of America Agents: Bob Sweeney, attorney for the applicant, John Carusone, attorney for the applicant, Tom Frost, Architect, Toby Porter, On-site Operations Manager To summarize the application that is in front of you at this time. The existing special use permit for both the outdoor entertainment and the permanent restaurant have similar conditions. The waiver and number of parking spaces City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 7 of 12 is obviously different but both of those conditions designated specific parking areas for which leases had to be provided. After that condition came in place, there was some difficulty with the CRDN lot and we managed to transition to a larger and very comfortable parking arrangement with NYRA. So we now have the one adjacent NYRA lot that was contemplated in the existing special use permit and we have directly across the street inside the security gate on the NYRA grounds the right to park in that location as well. As required by the special use permit those leases have been filed with the building department. We are here asking the Board to modify both of those special use permit conditions to reflect what we have right now as parking arrangements. Just as a comment, I think we all regard this as a very fortuitous event. We have now moved our parking away from the neighborhood and inside the security fence at the track. So we are further removed from any interference with the neighbors or any contact with the neighbors. We think it is a very good situation for the neighborhood and for Siro's. Things have worked out and we would ask the Board to give its consideration to modifying those conditions. Tom Frost, Architect. I spoke to Jeffrey Davis, the head of all the parking for NYRA. I asked specific questions about the gates and NYRA's position on who goes through what gates to accomplish the valet parking that we are working with. I met last night at Siro's with Brian Hiltpold, the regional manager of the company that has been hired to provide the valet parking for Siro's for the entire season. The firm is Valet Park American. We discussed the procedures for valet parking on the main NYRA lot across Lincoln Avenue from Siro's. The procedure is as follows: Valet-driven cars only enter and leave the NYRA lot through Gate #6 off of Nelson Avenue, just south of the Reading Room property. Only valet-driven cars are allowed on the main NYRA lot. That lot has full time NYRA security all night. The valet parkers hold the keys to the cars they park, so the patrons have no access to their cars once they are parked in the NYRA lot. The drivers of the cars, the valet parkers, leave the NYRA lot on foot via Gate #6A, which is on the north side of Lincoln Avenue. No cars have been or will be allowed to use Gate #6A, as it is only allowed by NYRA to be used by pedestrians. NYRA has set the bolt, or cane, on the left leaf of Gate #6A into the ground so that it does not readily open, making the gate unusable for vehicles. The gates are unlocked and locked daily by NRA security personnel. Although he would like to use Gate #7 at the corner of Lincoln Avenue and Frank Sullivan Place for access to the NYRA lot, it will not be made available by NYRA. The valet parking uses the NYRA lot adjacent to Siro's and will only use the large NYRA lot when the former is filled. They have not used the large NYRA lot yet this season, and he is doubtful that, except possibly for Travers, they ever will need to use it. Clifford Van Wagner, Chairman asked if there was anyone who would like to speak regarding this application. PUBLIC HEARING: Rose Tait, Lincoln Avenue, I am hoping the new parking lot will benefit the neighborhood. I did email my concerns. Kate Maynard, Principal Planner stated that the applicant is looking for something a little different. Previously in prior approvals it has been site specific in terms of where the parking is taking place. They are proposing a change to a more general arrangement not really designating a specific lot. In the past the Board has clearly required exact City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 8 of 12 location and manner of parking to be provided as a condition of the special use permit. One thing to be considered by the Board, whether that is acceptable as they shift to a more generalized parking. I would make a recommendation to the Board, that you reaffirm the language from the Zoning Ordinance that requires off street parking being within 300 feet of the parcel. Mr. Sweeney stated we have asked for general language. The reason we are here tonight is that we have locked it into a specific lot and that did not work out. The permit does require us to submit our leases to the Building Department within a specified date. I am sure that will continue, and that is your check on whether we have a sufficient number parking and location of parking. If we try to lock it into a specific lot we don't have leases until we know what that lot is, that is why we are here tonight. We would like to avoid that this year and in the future by requiring compliance with the Zoning Law, the correct number of parking spaces and the right locations without this Board designating the lots. Clifford Van Wagner, Chairman stated and you still are in agreement that the off site parking will be within 300 feet of Siro's. Mr. Sweeney stated yes, and if someday we get into a situation where it is not. We are obviously going to need to get permission for that. We are in compliance now and that is the reason we feel we should be able to go forward on a general basis. Clifford Van Wagner, Chairman stated when you put in a general condition that it's NYRA parking that does cover a lot of parking within 300 feet. Obviously, the lot that is just north of Siro's on Lincoln can hold much more parking than the requirement of Siro's. The other thing Kate had discussed earlier is the reaffirmation of SEQRA on this. No further action required, but also that we would with the exception of the parking all other conditions of the prior Special use permit will remain in effect. Mr. Sweeney stated we did submit a proposed revised set of conditions one of those conditions was that we provide security in the CRDN lot so our request is that we also eliminate that as we are not using it. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Amy Durland stated I just want to make sure that I am really clear with what you are speaking about with the security and the different lots. You would prefer to have the terms of this not have to specify the NYRA lot because you might be providing parking within those 300 feet to the south of the restaurant. Mr. Sweeney stated the existing permit identifies two lots. The CRDN lot and the smaller NYRA lot immediately adjacent to the restaurant. The language that we propose simply deletes the specific designation of those lots and requires us to provide the sufficient number of parking spaces in nearby parking lots and to submit our leases to the Building Department. Amy Durland stated if the CRDN lot is no longer on the table than what other lots are there besides the NYRA owned lots. Mr. Sweeney stated there are none. The two lots that we are leasing are the NYRA lot immediately adjacent to the restaurant and the NYRA lot across the street and we have submitted those leases to the Building Department. Amy Durland questioned the reluctance to identify those as NYRA lots in the special use permit. Mr. Sweeney stated this is a one year permit. So we are going to be back here next year. If next year NYRA says we can't give you the big lot, we have to go someplace else we would rather have a generic condition as long as we have to show that we meet the requirements of the law. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 9 of 12 Amy Durland stated the lot that you expect to use almost exclusively, what type of security is provided there. Mr. Sweeney stated the restaurant and the yard have security people and the valet people are in and out of there all the time during the restaurant time. Amy Durland stated so some of the problems which were described before in that further lot are not typically identified as problems in that NYRA lot because it is so close to the restaurant and because the valets and there is other security presence as well. Mr. Sweeney stated we are not aware there have been any issues with that lot. Clifford Van Wagner, Chairman stated we need a motion to amend the Outdoor Entertainment Renewable Special Use Permit based on the new parking application submitted tonight which eliminates the need for the CRDN lot. The applicant requested a more generic arrangement for the parking noting that parking is still required to be within 300 feet of Siro's. The requirement of the last condition that security is requested at the CRDN, obviously this is not necessary since they no longer have the lease arrangement with CRDN. The motion will note that there is Siro's security at the NYRA lot immediately south of Siro's. The memo which Frost Architects have submitted with the following seven points: Valet-driven cars only enter and leave the NYRA lot through Gate #6 off of Nelson Avenue, just south of the Reading Room property. Only valet-driven cars are allowed on the main NYRA lot. That lot has full time NYRA security all night. The valet parkers hold the keys to the cars they park, so the patrons have no access to their cars once they are parked in the NYRA lot. The drivers of the cars, the valet parkers, leave the NYRA lot on foot via Gate #6A, which is on the north side of Lincoln Avenue. No cars have been or will be allowed to use Gate #6A, as it is only allowed by NYRA to be used by pedestrians. He has set the bolt, or cane, on the left leaf of Gate #6A into the ground so that it does not readily open, making the gate unusable for vehicles. The gates are unlocked and locked daily by NRA security personnel. Although he would like to use Gate #7 at the corner of Lincoln Avenue and Frank Sullivan Place for access to the NYRA lot, it will not be made available by NYRA. The valet parking uses the NYRA lot adjacent to Siro's and will only use the large NYRA lot when the former is filled. They have not used the large NYRA lot yet this season, and he is doubtful that, except possibly for Travers, they ever will need to use it. Gate 6A is for pedestrian use only; NYRA has made that exit impassable for vehicular traffic. Valets only will park the cars at the NYRA site and valets only will remove from the NYRA site. All other conditions previously noted with the exception of the CRDN security will still remain in effect. Howard Pinsley made a motion to amend the eating and drinking Special Use Permit for SIRO’S with the conditions as specified. Seconded by Philip Klein. City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 10 of 12 Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 Clifford Van Wagner, Chairman stated we now need a motion to amend the Outdoor Entertainment Renewable Special Use Permit, again with the same conditions that the prior motion just included with the seven points indicated in Frost Architecture Memo for the operation of the valet parking as follows: Valet-driven cars only enter and leave the NYRA lot through Gate #6 off of Nelson Avenue, just south of the Reading Room property. Only valet-driven cars are allowed on the main NYRA lot. That lot has full time NYRA security all night. The valet parkers hold the keys to the cars they park, so the patrons have no access to their cars once they are parked in the NYRA lot. The drivers of the cars, the valet parkers, leave the NYRA lot on foot via Gate #6A, which is on the north side of Lincoln Avenue. No cars have been or will be allowed to use Gate #6A, as it is only allowed by NYRA to be used by pedestrians. He has set the bolt, or cane, on the left leaf of Gate #6A into the ground so that it does not readily open, making the gate unusable for vehicles. The gates are unlocked and locked daily by NRA security personnel. Although he would like to use Gate #7 at the corner of Lincoln Avenue and Frank Sullivan Place for access to the NYRA lot, it will not be made available by NYRA. The valet parking uses the NYRA lot adjacent to Siro's and will only use the large NYRA lot when the former is filled. They have not used the large NYRA lot yet this season, and he is doubtful that, except possibly for Travers, they ever will need to use it. Philip Klein made a motion to amend the Outdoor Entertainment Renewable Special Use Permit for SIRO’S with the conditions as specified. Second by Dan Gaba. Clifford Van Wagner, Chairman asked if there was any further discussion None heard. VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 11 of 12 APPROVAL OF MINUTES Dan Gaba made a motion to approve the July 27, 2011 Planning Board meeting minutes with changes as submitted. Seconded by Howard Pinsley. VOTE: A. Durland, in favor; P. Klein, in favor; D. Gaba, in favor; H. Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 8:45 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary City of Saratoga Springs Planning Board Minutes – August 10, 2011 - Page 12 of 12