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Planning Board

Regular Meeting

Saratoga Springs, NY · November 9, 2011

AgendaMinutes

Minutes

PLANNING BOARD MINUTES WEDNESDAY, NOVEMBER 9, 2011 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Tom L Lewis, Vice-Chair; Philip Klein; Jamin Totino; Dan Gaba; Howard Pinsley LATE ARRIVAL: Amy Durland arrived at 7:40 P.M. 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. COMMENTS FROM THE CHAIR: Clifford Van Wagner, Chairman stated there is a meeting upstairs 911 Sculpture Placement Committee Public Hearing. Clifford Van Wagner, Chairman - Welcome to Leadership Saratoga Attendees in Audience. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR 07.048.3 THE BULLPEN II, HORSEHOE INN, 9 Gridley Street, renewable special use permmit for outdoor entertainment in the Tourist Related Business District (TRBD). Clifford Van Wagner, Chairman stated the proposed action allows for extension of time for required sidewalk installation. Requested modification of current condition of approval "Improvements per sketch plan including sidewalk, 2 streetlights along the Nelson Avenue frontage shall be completed by the applicant in conjunction with the City drainage project in the Fall of 2011. "Proposed condition of "Improvements per sketch plan including sidewalk, 2 streetlights along the Nelson Avenue frontage shall be completed by the applicant prior to the commencement of the 2012 racing season. ACTION: Approved by the Planning Board Chair. ANNOUNCEMENT OF ADJOURNED PROJECTS: ADJOURNED AT THE APPLICANT'S REQUEST: 11.034 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing special use permit for neighborhood rooming house in the Urban Residential-3 District. 10.013 WHITE FARMS ROAD BED AND BREAKFAST, 66 White Farms Road, public hearing for special use permit for six room corridor bed and breakfast in a Rural Residential-1 District. 10.052 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 subdivisioin 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 a Urban Residential-2 District. 10.027 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, public hearing on 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: ANNOUNCEMENT OF UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOP: Planning Board Caravan scheduled for Monday, November 21, 2011 at 4:00 P.M. Planning Board Workshop scheduled for Monday, November 21, 2011 at 5:00 P.M. Planning Board Meeting scheduled for Tuesday, November 22, 2011 at 7:00 P.M. PRIVILEGE OF THE FLOOR Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS UNDER CONSIDERATION: 1. 10.047.1 ELLSWORTH ICE CREAM BUILDING, 120 Division Street-extension of site plan approval in the Division Street Planned Unit Development District. Site plan approval for project expires December 8, 2011. Applicant is proposing an 18 month extension until June 10, 2013. Reasons for extension noted as : "delays in obtaining financing and condominium approvals from the Attorney General." City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 2 of 6 Significant change noted since approval is Market Center project one block from the site is currently under construction. SEQRA: SEQRA negative declaration issued on December 8, 2010. No further SEQRA action is required with extension. Applicant: Alec Stephens Mr. Stephens is requesting an 18 month extension of site plan approval until June 10, 2013 due to financing issues and approvals from the Attorney General's Office. Clifford Van Wagner, Chairman asked if anyone on the Board had any further questions or comments. None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Philip Klein made a motion for an 18 month extension for site plan approval for the Ellsworth Ice Cream Building, Planned Unit Development District. Seconded by Jamin Totino. VOTE: Dan Gaba, in favor; Philip Klein, in favor; Jamin Totino, in favor; Howard Pinsley, in favor; Tom L Lewis, Vice Chair, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0. 2. 11.038 SEWARD STREET APARTMENTS, Corner of Seward Street and Morgan Street, site plan for multi-family apartment complex in the Urban Residential-4 District. The project last seen by the Planning Board for site plan review on October 12, 2011. Prior site plan approval for site for Arcadia Apartments – 58 luxury senior apartment complex on November 12, 2008. UR-4 requires site plan review for multi-family residences. Applicant: Gordon Residential Development – Jeff Gordon, Jerrett George Agent: Norman Ward – LA Group; Mark Nadolny, Creighton Manning, Derek Gribulis, Cotler Architecture Mr. Ward gave a visual presentation of the updated site plan. This application was before the Design Review Commission which offered a favorable advisory opinion and noted that the proposed project was consistent with the neighborhood. Several change to the plan have been made per recommendations from the Design Review Commission. Changes noted regarding the basic layout in the Type 2 Building which is a 3 story building initially located along Seward and Morgan street frontage. This building is now located within the interior of site, and one building "end" facing along Morgan Street. The original height of the building was 44' 11", the new building height is 36' 10" to rooftop, 33' 3" mean roof height. The Type I building which is now located along Seward and Morgan original height was 33' 11", the proposed is 29' to rooftop, 24' mean roof height. The garages now offer City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 3 of 6 diversification, with an attempt made to break up the rear of the buildings. Some materials have been upgraded including culture stone in lieu of brick veneer. The project now reflects 57 units from a previous 58. Anticipate an internal connection for "Phase IV" parcel to the west. There is a potential connection which is now illustrated on the plans to conceivably be constructed in the future. Desire to construct access to property line now as added insurance that connection will take place in the future. Current site access could allow for consolidated access points. Concerning stormwater and utilities, the water connection to 8" within Seward Street was recommended by the Planning Board, DPW as well as the Fire Department. Recommendation of the Fire Department is a preference of a loop water system with a proposed connection from Seward Street for the genral benefits of looping and fire protection at the corner of Seward and Morgan. The applicant will provide for connection as per the recommendations of the City staff. The location of access on Seward Street has been moved to the northern property boundary approximately 18 feet to the north. Regrading of the berm to accomodate this change. Supplemental traffic evaluation conducted on October 26, 2011. Video provided. Proposed widening of Morgan Street to 28' to accommodate two way travel and alternate parking. Street lights along Seward and Morgan. Discussion ensued regarding traffic, ingress and egress from the project. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. Jamin Totino asked to see the site plan again and stated that the direction the project has taken is headed in the right direction. He still has some concerns regarding the arrangement of the buildings in the interior area. Part of the concern which is still present is the lack of open space and the view of what the interior area will be is essentially alleys. Because of that there really is no community space for children or for people to gather. It is too crowded. Jeff Gordon, Gordon Development stated that he had the same concerns and he wished to create more outside areas for the development. A suggestion was a fountain, gazebos, picnic areas and this is something we want to address. We wish to make the center area as aesthetically pleasing as we can. Clifford Van Wagner, Chairman stated there will not be a vote tonight. There is quite a bit of new information which was submitted this evening. The Board would like to make another site visit. We will also take another look at the storm retention area and how much space will be available. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Amy Durland questioned if the only on street parking are the perpendicular areas on either side of the pond. Mr. Ward stated that is correct. Amy Durland questioned the total number of extra spaces. Mr. Ward stated 38 extra spaces. Mr. Ward also stated that Morgan Street will already have been widened and it will allow ten additional parallel spaces along the south side. Clifford Van Wagner, Chairman asked if anyone in the audience who wished to comment on the Seward Street Apartment application. Ina Harney, stated the street is very narrow, the day the traffic survey was done there was two accidents on that street. There is alternate side parking on the street at present. Clifford Van Wagner, Chairman stated again no vote will be taken this evening. The applicant will be given a list of items to return to the Board with. City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 4 of 6 Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Philip Klein, asked if the proposed vehicular pedestrian connection to the west lot will be paved, gravel, grass or what. Mr. Ward stated that is yet to be determined, but my preference would gravel or grass, something which is permeable, especially if the lot to the west does not develop than we do not have pavement just sitting there. Philip Klein stated if it was paved you could utilize it for extra parking. Clifford Van Wagner, Chairman presented a list of what the Board would like when the applicant returns such as: Scale representation of the houses on the east side of Seward Street showing them at the same time as the Type I building on Seward Street; how the existing houses match up with what the applicant is proposing to build, including the corner of Morgan and Seward, 10 feet to the retaining wall and 10 feet up to the footing of the Type I building. Enlarge the view of the internal pond, a larger scale which includes the Type II buildings, one on the east and one on the west so we have a better representation of really how big the space is, showing sidewalks. Jamin has requested a view looking up and down north and south on those two alleys which run north and south. What do these people see when they look out their windows and what do these people see when they pull in. Also, an enlargement of the step areas showing the actual number of steps and what it will look like along with the placement of the lighting. The pedestrian connection to Birch Run will need to be revisited. Also consideration for secondary emergency access. We will revisit this application in two weeks. The Board recessed at 8:32 P.M. The Board reconvened at 8:45 P.M. 3. 11.011 MARTELL BROTHERS' BREWING COMPANY, 381 Broadway, site plan for restaurant and brew pub in the Transect-6 District. Applicant: Chris Martell Agent: Mike Brooks, Tommell and Associates; Jessie Boucher, with Kodiak Construction; Jason Tommell, Tommell and Associates SEQRA: Action appears to be Type I – unlisted action that is "occurring wholly or partially within or substantially contiguous to any historic building, structure, facility, site or district.... that is listed on the National Register of Historic Places..." DRC appears to be other involved agency, NYS SHPO interested agency. Clifford Van Wagner, Chairman stated the DRC deferred Lead Agency Status at its October 19, 2011 meeting. SHPO was sent all relevant items for review, 30 day window for comment will expire November 11, 2011. Clifford Van Wagner, Chairman stated a brew pub is a permitted use upon site plan review within the T-6 "An eating and drinking establishment where certain beverages are prepared on the premise for exclusively for on-site consumption. The brewing of such beverages is accessory to the eating and drinking establishments. The project last appeared for sketch review at the Planning Board's October 26, 2011 meeting. Discussion related to brewing operation and potential impacts such as: noise from outdoor activities; rear access for loading/unloading, garbage provision; stormwater management concept for site. The applicant has been most cooperative responding to the concerns of the neighbors. At that time it was two buildings and from the reading that we found at the workshop on Monday, the applicant has respondended very thoroughly to concerns from both the DRC and the Saratoga Historic City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 5 of 6 Preservation Foundation and has changed his application to a single building and has relocated some of the services within. We note that the Zoning Board has granted several variances which were required. The applicant has agreed to time frames set forth for outdoor entertainment. Some issues we requested Mr. Martell to return to the Board with are storm water issues which needed to be resolved. Final SWPPP. Trash receptacles would be placed outdoors in the AM for pickup and they would be cleaned daily. We now have a building which DRC has interjected some input. Items outstanding at the last meeting were SHPO had signed off on this application but OPRHP became involved and they deferred lead agency to the Planning Board reserved comment regarding archaeological resources until provided with additional information related to the prior use of the site, and the expected depth of excavation for the restaurant building. Mr. Martell provided supplemental information to the OPRHP as requested on November 4, 2011. OPRHP correspondence received November 8, 2011 indicated no impact on historic resources with and understanding that excavation of the site will be monitored by a qualified archeologist with the authority to halt the work should any possible archeological resources be encountered. Mr. Martell stated they have contracted with an archeological firm and a signed copy of the contract is available for the Boards review. We have come a long way since our last appearance before the Board. At the last meeting Phil Klein questioned if National Grid has a recorded easement on the Panza lot. They do not have a recorded easement according to counsel for National Grid. Kate Maynard, Principal Planner stated City Engineer Tim Wales is comfortable with the stormwater management and regading the SWPPP, I have just received that information and will pass it onto Tim Wales in the morning. Mike Brooks, Tommell and Associates stated the reason the SWPPP was given to Kate this afternoon is we were out there yesterday doing perk tests and test pits across the site. I was able to complete the perk tests and complete the SWPPP. Clifford Van Wagner, Chairman stated what we saw at the site on the north side of the parcel, rectangles are actually recessed planters that are part of the stormwater detention basins. The applicant two weeks ago fairly well articulated the change in design with respect to the neighbors request as well as the DRC. It is one building as far back as it can go to the west and any potential issues with noise, ventilation, odors from brewing, baffles on the air handling units as we saw and everything is as far away from the Adelphi as possible. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. Howard Pinsley asked if the applicant was able to obtain rear access for the project. Mr. Martell stated for the construction we will have a construction license but the property owner is not in a position to do anything permanent with the property. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the Martell Brothers Brewing Company application. David Harper, attorney for Sheila Parkert, owner of the Adelphi Hotel. My client still has concerns regarding noise, music and odors. But she appreciates the changes that have been made in the application. She was hoping there would be more final engineering available at this stage. I spoke with Chris and understand that it is a design built project. As the project progresses they will have more of those design features. He has indicated a willingness to speak directly to Shiela Parkert. No further comments from the audience. City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 6 of 6 SEQRA: PART I The Board reviewed Part I of the SEQRA Short Environmental Assessment Form and determined there is no significant adverse impact on the environment. Tom Lewis made a motion for a SEQRA negative declaration. Seconded by Howard Pinsley. VOTE: Dan Gaba, in favor; Amy Durland, in favor; Philip Klein, in favor; Jamin Totino, in favor; Howard Pinsley, in favor; Tom Lewis, Vice Chair, in favor; Clifford Van Wagner, in favor; MOTION PASSES 7-0. PART II Howard Pinsley stated based upon the information provided by the applicant 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. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. None heard. VOTE: Dan Gaba, in favor; Amy Durland, in favor; Philip Klein, in favor; Jamin Totino, in favor; Howard Pinsley, in favor; Tom Lewis, Vice Chair, in favor; Clifford Van Wagner, in favor; MOTION PASSES 7-0. Clifford Van Wagner, Chairman stated the last item for this application tonight is a motion for a site plan. We have heard a lot of information regarding this project over time. The applicant has changed this several times to accomodate the request of neighbors. DRC has had some input in the design of this project. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the Martell Brothers Brewing application. None heard. Clifford Van Wagner, Chairman asked if there were any other comments from the Board. City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 7 of 6 None heard. Dan Gaba made a motion to approve the Martell Brothers Brewing on Broadway with the following conditions: Stormwater Management and SWPPP be completed to the satisfacation of the City Engineer; Archeologist on site; Voluntarily offered to have the hours of outdoor entertainment operation until 10:00 P.M., weekdays and 11:00 P.M., on weekends. Seconded by Jamin Totino. Clifford Van Wagner asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Amy Durland, in favor; Philip Klein, in favor; Jamin Totino, in favor; Howard Pinsley, in favor; Tom Lewis, Vice Chair, in favor; Clifford Van Wagner, in favor; MOTION PASSES 7-0. Clifford Van Wagner, Chairman stated the Lot Line Adjustment will be handled admininstratively. APPROVAL OF MEETING MINUTES Tom Lewis made a motion to approve the minutes of the September 14, 2011 meeting with corrections/changes as submitted. Seconded by Howard Pinsley. VOTE: Tom Lewis, Vice Chair in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Clifford Van Wagner, in favor MOTION PASSES: 6-0. ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 9:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary City of Saratoga Springs Planning Board Minutes – November 9, 2011 - Page 8 of 6

Agenda

CITY OF SARATOGA SPRINGS CLIFFORD VAN WAGNER, Chair TOM L. LEWIS, vice chair AMY DURLAND P LANNING B OARD PHILIP W. KLEIN  DAN GABA City Hall - 474 Broadway HOWARD PINSLEY Saratoga Springs, New York 12866 JAMIN TOTINO Tel: 518-587-3550 fax: 518-580-9480 www.saratoga-springs.org Planning Board Meeting – November 9, 2011 City Council Room – 7:00 PM Agenda Workshop: Tuesday, November 7 at 5pm in the City Council Room Salute to Flag A. Applications under Consideration: 1. 10.047.1 Ellsworth Ice Cream Building, 120 Division Street- extension of site plan approval in the Division Street Planned Unit Development District. 2. 11.012.1 Seward Street Apartments, Corner of Seward Street & Morgan Street, site plan for multi-family apartment complex in the Urban Residential-4 District. 3. 11.010.1 Martell Brothers Brewing Company, 381 Broadway, site plan review of new restaurant and pub in the Transect-6 District. B. Approval of Minutes: September 14, October 26. Next meeting: November 22 (w/ November 21 caravan & workshop) Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the Planning Office at 587-3550 extension 2533 or the City of Saratoga Springs Website at www.saratoga-springs.org Revised 11/9/2011 4:36 PM

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