Planning Board

PLANNING BOARD MINUTES WEDNESDAY, DECEMBER 7, 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; Jamin Totino STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Tim Wales, City Engineer, City of Saratoga Springs CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:03 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner, Chairman 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: #11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing for a Special Use Permit for neighborhood rooming house in the Urban Residential-3 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. 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. 10.037 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, review of site plan for multi-family housing in the Transect-4 District. COMMENTS FROM THE CHAIR: ADMINISTRATIVE ACTION: #11.036.3 DOYLE, ADAMS STREET - Lot line adjustment – proposed adjustment of boundaries of 3 lot subdivision on Adams Street. Action approved by the Chair. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Monday, December 19, 2011 Planning Board Caravan @ 4:00 P.M. Monday, December 19, 2011 Planning Board Workshop @ 5:00 P.M. Wednesday, December 21, 2011 Planning Board Meeting @ 7:00 P.M. PRIVILEGE OF THE FLOOR Clifford Van Wagner, Chairman gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. Hearing none. A. LETTERS OF CREDIT 1. #05.008.4 COUNTRY CLUB ESTATES, Central Avenue, letter of Credit extension. Applicant: Dean DeVito, KRDD SEQRA: No action on SEQR required for Letter of Credit extension. Clifford Van Wagner, Chairman stated the Planning Board approved the subdivision May 18, 2005. Letter of Credit is due to expire on December 8, 2011. A request for extension until June 8, 2013. Mr. DeVito stated a topcoat needed to complete the project and some storm sewer issues. Clifford Van Wagner, Chairman, asked if anyone in the audience wished to comment on this letter of credit extension. None heard. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. None heard. Philip Klein made a motion for an 18 month letter of credit extension for Country Club Estates, expiring June 30, 2013. Seconded by Amy Durland. VOTE: City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 2 of 17  Tom L. Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 2. 10.044.1 SKIDMORE COLLEGE-SCRIBNER VILLAGE, 815 North Broadway, letter of credit extension and reduction. Applicant: Skidmore College, Paul Umberg Agent: LA Group SEQRA: No action on SEQR required for Letter of Credit extension. Clifford Van Wagner, Chairman stated site plan approval issued by the Planning Board on December 8, 2010. The existing lettrer of credit amounts requested to be reduced and extended for 18 months to June 30, 2013. Phase IA: $35,000 – requested reduction to $11,150. Phase IB: $44,900 - requested reduction to $32,000. Several items need to be completed, such as a topcoat on the paving, some landscaping and utility work. Applicant is asking for 18 month letter of credit extension as well as a reduction in the Letter of Credit. Clifford Van Wagner, Chairman stated the City Engineer reviewed the Letter of Credit figures and has approved the Letter of Credit Reduction and the Letter of Credit Extension as well. Clifford Van Wagner, Chairman asked if there is anyone in the audience who wished to comment on this Letter of Credit Reduction and Extension. None heard. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Jamin Totino stated he is employed by Skidmore College, however he feels there is no need for recusal. Dan Gaba made a motion for an 18 month Letter of Credit Reduction and Extension. Seconded by Tom L. Lewis, Vice Chairman. VOTE: Tom L. Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 3. #10.12.2 ALLEN DRIVE PROJECT, 36-38 Allen Drive, letter of credit extension. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 3 of 17 Applicant: Saratoga Springs Housing Authority SEQRA: No action on SEQR required for Letter of Credit extension. Clifford Van Wagner, Chairman stated the letter of credit is due to expire on December 31, 2011. Reasons cited for extension is "Building is now 95% complete. Due to seasonal groundwater, we needed to redesign a water mitigation system." Extension requested until December 31, 2012. Clifford Van Wagner, Chairman, asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Philip Klein made a motion for a 12 month Letter of Credit extension. Seconded by Dan Gaba. VOTE: Tom L. Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 B. APPLICATIONS UNDER CONSIDERATION 1. #10.024.1 LOGISTICS ONE FLEX WAREHOUSE, 33 Cady Hill Boulevard, extension of site plan approval for warehouse expansion in the Industrial-General (IND-G) District. Applicant: Logistics One, Bill McNeary IV Agent: Patrick Mitchell, Creighton Manning Engineering SEQRA: No further action required with extension of site plan approval. Clifford Van Wagner, Chairman, stated site plan approval was issued by the Planning Board on December 8, 2010. Approval will expire on December 8, 2011. Request for 18 month extension on the site plan approval. Mr. Mitchell, Creighton Manning Engineering, the agent for this project stated the reason for extension noted as applicant was considering changes to the approved site plan, coordination with surveyor for lot line adjustment, and Leonard Bus facility also under construction by the same applicant. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this site plan extension. None heard. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 4 of 17 None heard. Howard Pinsley made a motion for an 18 month extension for the existing site plan at 33 Cady Hill Boulevard, Logistics One Flex Warehouse. Seconded by Jamin Totino. VOTE: Tom L. Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 2. 06.034.3 KAMEN CENTER, 120 WEST AVENUE, modification of a site plan in the Transect-5 District. Applicant: Steven Kamen – S & D Realty Management Attorney: Joe Walsh, Esquire – Walsh and Walsh Agent: Michael Brooks, RLA – Tommell and Associates; Jason Tommell, Tommell and Associates 3. #11.015 S & D REALTY MANAGEMENT, 120 WEST AVENUE, lot line adjustment in the Transect-5 District. Applicant: Steve Kamen Attorney: Joe Walsh, Walsh and Walsh Agent: Michael Brooks, RLA – Tommell Associates; Jason Tommell, Tommell & Associates SEQRA: Reaffirmation of SEQRA negative declaration included with above action. Clifford Van Wagner, Chairman stated the next two items on the agenda are Kamen Center, 120 West Avenue requesting modification of a site plan in the Transect-5 District, and S & D Management, 120 West Avenue requesting a lot line adjustment in a T-5 District. This project has a considerable history with this Board. At the last meeting the applicant was here and this Board and staff identified 12 outstanding issues on the site plan and the direction that this Board sent this applicant back with was we cannot grant any relief or approvals for this site until the items identified have been remedied. Mr. Walsh, attorney for the applicant stated they have a slide presentation prepared for the Board which goes through the twelve issues that were identified in Mr. Male's April 19, 2011 letter. Mr. Walsh reviewed the twelve issues. 1). Location of the dumpster. Noise mitigation efforts include a retaining wall and additional plantings to screen it from the east side. Times of pick up were discussed and no earlier pick up then 8:00 A.M. 2). Dry wells, two provided instead of three as approved. Revised analysis provided by applicant and reviewed by City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 5 of 17  City Engineer verified capacity with two is adequate and provides more capacity than 3 that were previously approved. 3). Entrance lane on the south was not constructed as approved. The site plan seeks approval of as a constructural change, also reflected within the proposed lot line adjustment. 4). Parking area on the southeast corner is not constructed as approved. Amended site plan and lot line adjustment proposed as remedy. 5). Existing vegetative buffers – two mature trees were to remain on the northern property line between front and rear of building. Existing vegetative buffers along the north property line between the rear of the building and the east property line 8 mature trees to remain but have been removed. Clifford Van Wagner, Chairman stated, two 6' -8' Norway spruce trees will be replaced where they were removed along West Avenue at about 50 and 60 feet off the road. An additional two trees will be planted on the northwest corner. As we proceed it will be up to the applicant to review with staff and provide 100% of the onsite buffering, and trees and improvements that have to be done in an escrow type letter of credit is recommended and in place whatever staff decides before the final plans are signed. 6). Existing vegetative buffers along north property line between rear of building and east property line. 8 mature trees to remain but have been removed. Site plans illustrates current conditions. No remediation provided with current amended plan based on proposed future access connection to parcel to the north. Additional landscaping desired elsewhere on-site as mitigation. Clifford Van Wagner, Chairman stated the Board would like to see 8 trees 8 to 10 feet, 2 ½ inches minimal caliper planted to replace those which were removed in the upper northwest corner and leave the lot line north side vacant with the hope that someday the northern parcel may be developed. This was an approved site plan. Mr. Kamen stated he was under the misconception by his construction managers who said you do all the stuff and afterwards you get an as built. I have never built a building before, I am not in the building industry. I took their professional advice and I didn't know they did not know Saratoga. Tom Lewis, Vice Chairman asked how many feet are we speaking of which was covered by the trees. Michael Brooks, Tommell and Associates stated 150 feet from the property line. Clifford Van Wagner, Chairman stated trees can be moved. I think until we have a project on the northern parcel I think we have to deal with this. We would like to see the trees planted. Dan Gaba asked how long ago the trees were removed. Mr. Walsh stated during construction which would have been late 2006 or early 2007. Dan Gaba stated so four or five years there on top of another two or three you are still looking at anywhere from seven to ten years that the trees could have been there. If you are going to deal with the northern parcel you deal with it at that time not taking the trees down when you felt like it. Tom L Lewis, Vice Chairman stated to echo the comments of the Chairman if it was just one item you were coming before the Board with it would be another issue, but when you have a dozen items, most of the people in this room when the are approved they want to follow the proper procedure and build what they say there are going to build. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 6 of 17 Amy Durland asked Kate to clarify what would typically happen if there were terms of a site plan that have been approved and there is a practical reality that they need to be amended in some way.. Kate stated that the applicant would contact the planning office to determine what the action should be in amending that site plan. Kate Maynard, Principal Planner stated it would typically be duly noted and there would be a conversation about the scale of the change, either myself, and Tim if needed would look at what was being brought forward and either it would be a field change which would have to be documented on the as built, an administrative action to be approved or denied by Chair or if it was of such a nature of cumulative actions such as these it would come back to the Board for a site plan amendment, amending the original approval. Amy Durland stated that might be worth noting that in the future if there are things that come up or something that doesn't seem to make sense that would be the procedure, which I think most applicants know. 7). Existing vegetative buffers northeast corner of property line approved plans indicated the continuing existence of mature trees and vegetative buffer that have been removed. Proposed remediation includes landscaping consisting of a diversity of red sunset maple, Norway spruce, Bradford Pear, arborvitae (2- 2 1/2 caliper or 5', 8' more mature height. East property line approved plans indicate existing tree buffer at property line to remain. 8). Existing vegetative buffers east property line. Approved plans indicate "existing tree buffer at property line to remain. Remediation at northeast corner proposed. 9). Existing vegetative buffers south property line approved plans indicate existing tree buffer at the property line to remain. Remediation proposed, 3 - 10 – 12 foot red maples spaced appropriately apart. 10).Landscaping relation from north property line to east property line – April 2007 administrative approval condition has not been met. Easement modification agreement submitted that provides principally for: Right to replace any damaged, diseased, dead or dying specimens, right to fertilize and water the same at any time within three years 04/01/2011 to ensure that said plantings become established and capable of survival without further assistance. Thereafter, if any specimen needs to be replaced , the Grantee shall upon demand by the Grantor replace said specimen with a similar size replacement specimen within 30 days of Grantor's demand during growing season. 11).Landscaping south property line approved planting along south property line were installed on adjacent property. Were to be reinstalled within subject parcel boundaries, incorporated within proposed lot line adjustment, or easement secured for maintenance and care of landscaping. 12). Landscaping in general evidence that installed plantings meet specific size, type. The number of plantings conforms to approved plans. Clifford Van Wagner, Chairman asked if there was any questions or comments from the Board. Howard Pinsley, asked if the Board should impose a time limit on these conditions. Mr. Walsh suggested June 1, 2012, as well as the Letter of Credit. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Dave Gough, 13 St. Raymond Court. I appreciate the Boards help in moving through this. I am sorry this has taken 4 ½ years. Mr. Tommell and Mr. Brooks have been very helpful coming up with this plan. I did go and get a second opinion from another landscape architect and he stated this plan was outstanding. How do we move forward from this, when and if anything ever happens on the north lot how do we keep this from happening in the future. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 7 of 17 Clifford Van Wagner, Chairman stated credibility is an issue here. Hopefully the applicant has learned how the City of Saratoga works. He now has a team that he did not have in place in the beginning. The team will guide him through this providing he keeps the team. The Planning Board will be scrutinizing anything with a microscope that comes in front of this Board. Our goal tonight is to get this into conformance, so that the neighbors are happy as well as the City of Saratoga. Anything which transpires on the northern property will be before the Board and this Board will scrutinize that as well. Robert Braim, 24 St. Rose Court. Thank you to the Board for staying with this. It has been a difficult 5 ½ years. I would like to pay homage as well, because it is not only what is in front of the property that is important but also what is in the rear of the property. We have a very good plan here. Some mechanism in place to assure if there is a major storm issue and trees are lost that they be replaced as a guarantee. Also, will the stockade fence be painted. Mr. Walsh stated that the stockade fence will be painted color matched to the siding of the existing building. Mr. Winroth is on record with letters to the Board that while he enjoys Steven Kamen as he neighbor, they get along famously, he is concerned about who will eventually own his property as well as in the future the Kamen parcel. He is fine with the plantings as installed and established. He wants some protection that will assure that someone is not going to just come on the land without his knowledge or consent. Clifford Van Wagner, Chairman stated we are only speaking about Mr. Kamen's property, and that it stays in compliance with the approved site plan. Colleen Braim, 24 St. Rose Court. I cannot believe it is 6 years. I have spoken about my dismay in the sterile parking lot when walking over from my home. No trees, no nothing. I have lived here for 30 years. Thank you to the Board for your persistence in trying to do the right thing. Thank you for making a difference in people's lives. It makes a difference and means a lot. Mr. Kamen's history, talk is cheap, show me. Clifford Van Wagner, Chairman asked Mr. Walsh what the status is of the CO. Mr. Walsh stated the applicant had a temporary CO, my understanding is when that lapsed the City's position was until we get the site plan issues resolved the CO would not be extended further or a permanent CO issued. We are in limbo waiting for a resolution of these twelve issues. Clifford Van Wagner, Chairman stated lets go back to the generator/dumpster issue. When we visited this site we questioned the dumpster being as far away from the building as it was, not only that far away but to be as close to the neighbors and as far away from the owner who actually owns it. It does not seem respectful of the neighbors. Is there any question from the Board as to the location of the dumpster or putting a generator in as originally proposed. Philip Klein stated he does not feel the Board can require an applicant to install a generator on his property. I do not feel that is within our purview. However, regarding the dumpster where it is, if the applicant has indicated he has something from Jeff Bourneman indicating it was acceptable to place the dumpster in the current location, I do not feel that the applicant has done anything incorrect here. Tom L Lewis, Vice Chair stated he concurs with Phil on the dumpster. Due to the things that were not done, I think we have imposed a significant amount of expense which was justified. I am not sure that the generator should be something we should require. The dumpster is a separate issue. Even if it was approved then, I think that is up in the air. Howard Pinsley questioned if there were any complaints from the neighbors regarding the placement of the dumpster. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 8 of 17 Mr. Walsh stated he believes there has been concern about the dumpster and a wish that it was someplace else but I would invite the neighbors to speak, I know it is not their preference but there are not too many logical places in which to place it. Robert Braim, 24 St. Rose Court. The main concern that I have is the noise. I am not saying it comes specifically from 120 but there has been as Mr. Klein indicated earlier, there has been numerous instances of in the summer time especially of being awoken at 4:00 AM, 5:30 AM, and 6:30 AM. Discussion ensued regarding relocation of dumpster. It was concluded that with the remediation proposed it will stay where it is currently located. Clifford Van Wagner, Chairman stated this is a request to modify the site plan. Notes have been made as to what the Board requested on each of the twelve items which are conditioned and the changes. Tommell and Associates is familiar with the level of detail which the City Engineer and staff request for the Letter of Credit for an itemized description for each and every plantings, size caliper and description and where it will be located on the site. That must be satisfactorily received before the final plans are signed. Dan Gaba stated that the two easements will need to be recorded prior to the Mylar's being signed. Clifford Van Wagner, Chairman stated that the applicants agrees that all twelve items we have discussed this evening will be in place by June 1, 2012. If they are not then you will be before this Board again. Kate Maynard, Principal Planner reviewed the issues. Dumpster pick up will be changed to 8:00 A.M. or after. The dumpster will be painted as proposed. Issue #5 – Two 6' - 8' Norway spruce trees will be planted on the northern boundary. In addition, 8 mature Norway spruces 8' to 10' will be planted to replace those which have been removed. On the southern property boundary, replace the maples and hardwoods. Three 10' to 12' planted along the south, red maples. The letter of credit will be the full 100% of the cost estimate of the items as they are agreed to. The easement is to be recorded. All conditions must be in place by June 1, 2012. East buffers will be permanently maintained on the subject property by the applicant. Clifford Van Wagner, Chairman made a motion to reaffirm the SEQRA negative declaration for the project which will be in place for the modification of the site plan and the lot line adjustment. Seconded by Jamin Totino. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. Tom L Lewis, Vice Chairman made a motion for the modification of the site plan with all the points discussed this evening, and as summarized by Kate Maynard. Second by Howard Pinsley. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 9 of 17 Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. Clifford Van Wagner, Chairman stated we will now vote on a lot line adjustment. This is part and parcel a large portion of what we heard on the site plan modification. This lot line adjustment will be required so that the improvements are actually made on Mr. Kamen's property and not on adjacent properties. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this lot line application. None heard. Dan Gaba made a motion for a lot line adjustment. Seconded by Jamin Totino. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. 9:10 P.M. The Board recessed. 9:20 P.M. The Board reconvened. 4. #11.045 LANDS OF LEAFARC, INC., 63 Spring Street, site plan for mixed use building in the Transect-5 Neighborhood Center District. Applicant: Leafarc, Inc., Gloria and Anthony Swiatek Agent: Jason Tommell, Tommell and Associates; Michael Brooks, RLA; Tommell and Associates John Muse, Muse Architecture SEQRA: City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 10 of 17 Project determined to be a Type II action requiring no further review under SEQR. Clifford Van Wagner, Chairman, stated the project was granted a special use permit by the Planning Board on September 27, 2011. Historic review is also required by DRC. This is a request for a two story building on Spring Street with a retail site use on the first floor and the actual owners living quarters on the second floor. This application includes a shared parking arrangement with the building immediately to the west. When we last met we spoke about the entrance to Spring Street and whether this would be a one way or two way entrance and exit. We questioned the location of the dumpster. John Muse, gave a brief overview of the project. Jason Tommell, stated this is a 5,000 square foot building on Spring Street. John Muse has designed the building a modern interpretation of Italian architecture to compliment the living gardens across the street in Congress Park. One of the items we have been speaking about are rooftop gardens. John Muse, Architect stated we are doing some research. Two 12 x 20 foot areas on the rooftop. We will go with a gravel rooftop over top of the PDM next to the terracotta roofing tiles. We are exploring that trying to get some more information and engineering advice. Jason Tommell stated parking will be a shared parking concept. The new building requires 5 spaces, we are providing 11. Mr. Tommell gave a brief overview of parking availability in the surrounding and adjacent area and noted the formal shared parking arrangement desired between 53 – 63 Spring Street. The easement will be formalized and filed with the County. Mr. Tommell's clients are amenable to putting in a formal agreement, shared parking, and shared maintenance. We are requesting a shared parking concept with no reduction instead of requesting the waiver for providing more than 20% of the parking that we are required to. Clifford Van Wagner, Chairman asked about the curb cut on Spring Street. Jason Tommell stated what the applicant is proposing is to have a two way curb cut. We are realigning, maintaining and improving the alley access to Alderdice Alley. One of the concerns and wishes of the applicants is to have that for the storefront access and to facilitate circulation of traffic so that all of their clients do not have to exit Alderdice Alley and negotiate a turn onto Henry Street with on street parking. They would have to inch out or come up to Circular Street. To help relieve that and facilitate deliveries coming from the alley it is appropriate in this zone because it is a sliver of the T-5 zone and the transition between the residential is to have two way egress. We have 312 feet to Circular Street. There is clear site distance there. The traffic patterns heading towards the City are slow in the next block. The road appears narrower because there is on street parking. Mark Benaquista, Traffic Consultant, did not have any comments on the two way access. Jason Tommell stated Mr. Benaquista requested a stop sign and we have provided that on the applicants property. Amy Durland stated the alleyway is as you know a prominent concept in the T-5 District as an access. Ideally I would hope that maybe there would be or that secondary access could be really maximized without necessarily the need for that additional curb cut. Since our traffic person has stated that it is not a problem I am just wondering if you considered any way to really use the alleyway. Jason Tommell stated that we have considered it and we feel this will alleviate and solve some potential problems. There is a dentist office which is current use at this time and this is serving both buildings with the shared access, shared maintenance. It will help the circulation. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 11 of 17 None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the request for the site plan for a mixed use building in the T-5 Neighborhood Centered District. Mr. Muse has shown you the renderings of the buildings. I would point out that in the past the application in front of us for this exact same footprint was a 70 foot high five or six story building that filled the entire site and that project never got off the planning stage. This is a project that seems to be very compatible and very respectful of the Bread Basket to the east and certainly a low intensity use by the small retail operation and the owners inclination to live upstairs in what appears to be a beautiful building. This was approved by the Design Review Commission. No comments from the audience. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Amy Durland stated she is wondering if the applicant could address the three issues that the Bread Basket raised for the record. The issues were they wanted the new building located closer to Spring Street than the other buildings and that they be aligned. Jason Tommell stated the location of the building is appropriate given the slope and their argument was for site distance out of their only entrance to the property and I think there is enough site distance. Amy Durland stated the second issue is curb cut and they do reference that the T-5 zone encourages access from alleyways wherever feasible and they also speak about preventing deliveries, having that curb cut means that the additional curb cut would have an impact on their delivery trucks, which are limited to Spring Street. Also, that the new building be located further away from the Bread Basket building. Amy Durland stated her preference would be to make greater use of the alleyways and skip the curb cut but in general I do think this project represents a positive because it is does use restraint and is very sensitive to the surroundings in the context of the area in which it would be located. Clifford Van Wagner, Chairman stated that his comfort with what is being proposed is the fact that Mark Benaquista has reviewed this and approved it. He is the person this Board as well as staff leans on with out questions regarding egress and ingress and traffic. Philip Klein questioned lighting in the parking lot and in front of the building. Jason Tommell stated ambient lighting sconces will be on the building. There are pole mounted lights on the streets. There are also two lights, one mounted on the side of the Bread Basket and one pole light on the Bread Basket property and there does seem to be a lot of ambient light. We feel there is enough light out there. Philip Klein questioned removing pole lights and replacing them with Sternberg lighting. Discussion ensued regarding lighting in that area. It was determined that one Sternberg Light decorative light is requested by the Board. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. None heard. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 12 of 17 Kate Maynard, Principal Planner stated that regarding the parking is the Board considering then technically speaking issuing the waiver with the understanding that easement is taking place and making it a part of the provision, for the record. Tom L Lewis, Vice Chairman made a motion to approve the site for the mixed use building at 63 Spring Street with a two way access off of Spring Street with one Sternberg Decorative Light in front of the building and the waiver for the parking. Seconded by Philip Klein. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. 5. #11.046 246 WEST AVENUE, 246 West Avenue, special use permit for residential building in the Transect-4 Urban Neighborhood Center District. Clifford Van Wagner, Chairman stated in May 2008 a SEQRA negative declaration was issued by this Board for 18 residential units. That project never progressed. We have an application in front of us this evening for a 16 unit residential application – 14 units in a primary structure and 2 units in a proposed carriage house in the rear. SEQRA: SEQRA negative declaration issued on May 22, 2008 for 18 residential units. Reaffirmation of SEQRA negative declaration is possible given residential use is consistent, and number of units is further reduced. Applicant: Mike Dickinson Agent: Dave Carr, LA Group; Matt Brobston, LA Group; Jay Hopeck, Pike Company J.T. Pollard, Project Architect Dave Carr gave a visual presentation of the project showing the proposed landscape area on the YMCA property. Sewer and water will come from Congress Street. The storm water plan was approved in 2008. Porous pavement will be used. This will be a green storm water management system, whereby you are using built facilities to treat storm water instead of grass areas. Porous pavement benefit in this type of climate is that you get almost no black ice, so the need for salting is decreased. Another issue which has come up and will be reviewed again in site plan is trash removal. That will be done internally and there will be no dumpster on site. Amy Durland stated although this might be a topic more for site plan but this topic did come up earlier is the standard for street trees in the T-zone is a height of 15 to 20 feet and a minimum caliper of four inches. Dave Carr stated the 15 to 20 feet is for coniferous and the 4 inch is for deciduous. Jamin Totino stated the YMCA PUD has another two build outs for future phases. City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 13 of 17 Clifford Van Wagner, Chairman stated the applicant is here this evening for a Special Use Permit in the T District. This is an allowed use but they need permission to build it within this code. They will return if the Special Use Permit is granted this evening for site plan review. We will then get into the caliper of trees and their variety, lighting and sidewalks etc. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. David France, 12 Guilderland Avenue. My property is on the east side of this property. I am curious about the trees that are proposed, and the size of the trees to the south side. For the amount of space I hope those trees do not get too big. Clifford Van Wagner, Chairman stated at the site plan portion of this application there will be opportunity for the public to speak again. We will keep the public hearing portion of this application open. Amy Durland questioned if there were any other comments from the neighbors or people nearby. Dave Madden, 11 Guilderland Avenue. Prior projects have come and meet with the neighbors because it saves time. Dave Carr, stated he will keep the line of communication open with the neighbors. Business cards were circulated to the neighbors present and for any questions which may arise. Amy Durland stated if there are any questions on the use of the property and its consistency with the neighborhood now is the time to raise those concerns. Kate Maynard, Principal Planner stated regarding the buffering just a note that we did note on the border currently exists some mature landscaping. Dave Carr stated we will save whatever plantings that they can. Clifford Van Wagner, Chairman made a motion to reaffirm the SEQRA negative declaration which was issued in 2008 knowing that this is 2 less units. Seconded by Dan Gaba. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. Dan Gaba questioned if there was a plan in place for the structure provided that the Special Use passes tonight. Is there something in place between now and site plan regarding the existing structure on the property. Mr. Walsh stated the applicant does not have the authority to remove it. This is contingent upon receiving approvals. Kate Maynard, Principal Planner stated she spoke with Kevin Beech and he stated the existing structure on the property is an open case with their office and they are looking for the subsequent approvals on the site to take that structure down. At this point they have not progressed to a point further than it is an open case and they would very City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 14 of 17 much like to have the structure taken down, not knowing any imminent public safety threat or people getting into the building. Howard Pinsley, made a motion to approve the Special Use Permit to allow construction of 16 residential units. 14 units in the large building and 2 units in the two story building to the rear. Seconded by Jamin Totino. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. The Board recessed at 10:15 P.M. The Board reconvened at 10:25 P.M. 6. #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. Clifford Van Wagner, Chairman stated the project was last seen by the Planning Board for site plan review on November 9, 2011. Prior site plan approval for site for Arcadia Apartments 58 unit luxury senior apartments complex on November 12, 2008. UR-4 requires site plan review for multi-family residences. SEQRA: Action appears to be unlisted. Applicant: Gordon Residential Development, David Gordon Attorney: John Lapp Agent: Norman Ward, LA Group; Mark Muldoney, Creighton Manning, Derrick Gibulous, Cottler Architecture Mr. Lapp gave a brief overview of the changes in the project. All buildings are now two story buildings, enlargement of the central core area. Smaller in terms of density and the visuals. More landscaping separation between the buildings. Norman Ward gave a visual presentation of the project and the changes which were made. Clifford Van Wagner, Chairman stated one of the issues I had with the project was the traffic issue. Mark Benaquista, Traffic Engineer stated that the plan was fine with him. He is the traffic engineer and we will defer to him. On our caravan the other evening we went to the stake out location of the proposed exit onto Seward Street being 181/2 feet north and our concern does go away. What we now have is a concern from the Hansel and Gretel City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 15 of 17 Day Care Program. If you can comment on this and we will now need to access the rear of the nursery school program on Van Dorn Street which is accessed off of Waterbury. I know it is a dead end street and there is a turn around right there, and we do need to visit the site ourselves to see if it does have an adequate entrance for the daycare. Mark Muldoney, Creighton Manning stated the amount of traffic on Seward and Morgan will not affect or change the character of Seward. You have existing land uses that are already there that are consistent. There are apartments, residential homes, offices. The capacity of Seward could adequately accommodate this development. The amount of traffic right now on Seward is relatively low in terms of the traffic world for a collector street or local street such as Seward and the amount of traffic this would add would not change the characterization of that road. The only impact that I believe that would occur is if the recommendation for stripping Seward went forward. This would then restrict parking due to the edge lines of the stripping and that obviously would then prohibit parking that is currently being used on Seward Street. There is not a speed problem on that road. Clifford Van Wagner, Chairman asked if there is anyone in the audience who wished to comment on this application. Ina Harney, Seward Street. Thank you to everyone for working so hard on this project. Questioned the tree height, street lights, etc. Clifford Van Wagner, Chairman stated he appreciate the comments of Mr. Lapp this evening. There will be no vote on this tonight. We have received new information and when the Board does receive new information we like to absorb the new information, discuss it and return and visit the site again. This does give the Board time to chat with staff and possibly Mark Schactner. 7. #11.048 316-318 BALLSTON AVENUE, 316-318 Ballston Avenue, special use permit for residential buildings in the Transect-4 Urban Neighborhood District. 8. #11.030 316-318 BALLSTON AVENUE, 316-318 Ballston Avenue, site plan for residential buildings in the Transect-4 Urban Neighborhood District. The project was last seen for sketch plan review on July 13, 2011. Site Plan review is required, the application was submitted concurrently with special use permit. DRC Architectural Review is required. SEQRA: Project appears to be an Unlisted action, with DRC the other involved agency. Initiate lead agency, coordinated review if DRC has not already deferred to Planning Board. Applicant: Steve Ethier and Stephen O'Shea Agent: Brett Steenburgh Brett Steenburgh stated this is a T-4 zone. We were here several months ago with a concept plan which was well received by the Board. We moved ahead with final engineering and site grading, storm water management. The building height will be approximately 36 feet high and they will be two story buildings. Regarding the parking we are proposing 24 spaces, 12 would be garage and 12 would be driveway. Additional parking on Peck Avenue for overflow parking. Row style housing with front entrances. Lighting along the rear of the units. The City Engineer requested relocating the sanitary sewer along Ballston Avenue. The alleyway will be one way and it will be 16 feet wide, constructed with porous pavement to provide some green infrastructure for the storm water management. Additional storm water management will be provided for roof runoff will be a buried stone drywell located in the courtyard underneath the turf . City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 16 of 17 Amy Durland, questioned the parking on the adjacent street. Options for overflow parking. Brett Steenburgh stated nothing on Ellis, parking on Peck Street. Sidewalks are along the new development. Sidewalks and street trees are in the landscape plan. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Kim Fonda, 4 Peck Avenue. My concern is parking. There is almost no parking available. There are several residences which are not rented at this time. No sewers on Peck. Can we explore having sewers down the street. Discussion ensued regarding sanitary sewers, water lines and parking, and trash removal. Clifford Van Wagner, Chairman stated he believes this application will need to be tabled for approximately two weeks to give the Board and staff time to review information and check placement of utilities and review all new information. Lori McDermott, 12 Peck Avenue. I have concerns about parking on Peck Avenue. It is a very short street. We have plow trucks, delivery trucks, we have garbage trucks and they have to do really tight turns to get down and turn around on get back out of the street. I also have concerns regarding water runoff and how it will effect our septic tanks. City sewers would be a great addition. Clifford Van Wagner, Chairman stated it is late we have some questions in front of us which need further consideration by the Board. We need to make another site visit. Some issues have come before us. The DRC was unable to get a quorum to establish Lead Agency. I would like to request Lead Agency status from the DRC at this meeting and have the DRC get back to us. In the interim this Board will caravan the site with a new set of issues to review and the City Engineer will determine exactly where the sewer will go north of Peck Avenue and if the house on the corner is served by a city sewer perhaps we can get some further information for the residents on Peck Avenue and then revisit this both Special Use and Site Plan. We will leave this application open. Clifford Van Wagner, Chairman made a motion that the Planning Board request Lead Agency status from the DRC on this application. Seconded by Dan Gaba. VOTE: Tom Lewis, Vice Chair, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Jamin Totino, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0. MOTION TO ADJOURN: There being no further business Clifford Van Wagner, Chairman adjourned the meeting at 11:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/11/12 City of Saratoga Springs Planning Board Minutes – December 7, 2011 - Page 17 of 17