Planning Board

PLANNING BOARD MINUTES WEDNESDAY, DECEMBER 21, 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 CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:01 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. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR: There are no actions by the chair. ADJOURNED AT THE APPLICANT'S REQUEST: 11.038 SEWARD STREET APARTMENTS, Corner of Seward Street & Morgan Street, site plan for multi-family apartment complex in the Urban Residential-4 District. 11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing for a special use permit for neighborhood rooming house in the Urban Residental-3 District. 10.052 CDJT WORKFORCE HOUSING, Citywide, City Council request for an Advisory Opinion for reveiw 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: 10.027 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, public hearting 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 of multi-family housing in the Transect-4 District. ACKNOWLEDGEMENT/THANK YOU TO THE STAFF Clifford Van Wagner, Chairman on behalf of the Planning Board Members thanked the staff for all their help and hard work during the year. COMMENTS FROM THE CHAIR: County Planning and Zoning Conference – January 25, 2012. Registration forms in to Deb Wertheimn. Counts towards required 4 hours of training. UPCOMING SCHEDULE: Planning Board Caravan will be held on Monday, January 9, 2012 @.4:00 PM. Planning Board Workshop will be held on Monday January 9, 2012 @ 5:00 P.M. Planning Board Meeting will be held on Wednesday, January 11, 2012 @ 7:00 P.M. PRIVILEGE OF THE FLOOR: Clifford Van Wagner gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. COMMUNICATION TO THE PLANNING BOARD: Communication received from Tom and Colleen Braim, thanking the Planning Board for their due diligence in the Kamen Center project. APPLICATIONS: A. LETTER OF CREDIT: 1. 10.34.1 LEONARD BUS SITE PLAN, Duplainville Road, Letter of Credit Clifford Van Wagner, Chairman stated the Planning Board approved site plan on September 8, 2010. The existing Letter of Credit is in the amount of $234,100. The requested extension date is March 31, 2012. No reduction is proposed. SEQRA: No action on SEQR required for Letter of Credit extensions. No one appeared on behalf of this application. Clifford Van Wagner, Chairman stated at the Planning Board workshop the City Engineer, Tim Wales indicated that the applicant is completing the as-built survey, site work is complete. The as-builts need to be completed before the project can be signed off on. Clifford Van Wagner, Chairman, asked if there is anyone in the audience who wishes to comment on this application. None heard. Clifford Van Wagner, Chairman asked if there were any comments from the Board. City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 2 of 9 None heard. Howard Pinsley made a motion in the application of Leonard Bus Site Plan, Duplainville Road to extend the Letter of Credit in the amount of $234,100 to expire March 31, 2012. Seconded by Dan Gaba. VOTE: Tom L 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 B. APPLICATIONS UNDER CONSIDERATION: 2. 11.049 THORNTON SUBDIVISION, 215 Grand Avenue, public hearing for a two lot subdivision in the Urban Residential-2 District. SEQRA: Action appears to be an unlisted action under SEQRA. Applicant: Daniel Briggs Thornton and Patricia V. Thornton Agent: Tonya Yasenchek, Engineering America Tonya Yasenchek, gave a brief overview of the project. This is a UR-2 neighborhood is shallow build to, consistent streetscape down Grand Avenue, fronting on Grand with rear yard, driveway, and detached garage. Existing home on lot fits within general neighborhood characteristics. Currently side yard areas on both sides with mature vegetation. Street trees, streetlights and sidewalks waiver was requested. Sidewalks end at the corner of Birch and Grand Avenue. Clifford Van Wagner, Chairman stated the Board did visit the site. A requirement of a subdivision in the City does require street trees, streetlights and sidewalks. My concern is that if the lot is too small to accomodate a grass planting strip and a sidewalk then the 6600 square feet would be in jeopardy for the front yard setback. I am very concerned over the fact that you want to have no sidewalks. If there is a sidewalk, there is no grass planting strip, which means the snowplow comes by a throws snow on the sidewalk and it is a route to the high school. We have some serious concerns as a Board over the fact that the applicant is trying to squeeze a second house in this area with no sidewalks, no street trees, no streetlights. This Board very seldom will waive a subdivision regulation. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Jamin Totino seconded what the Chairman stated. He is very familiar with this part of town. If anything there would be a very strong desire to add sidewalks in this area up Grand Avenue and over Birch to the high school, and also the elementary school which is just over on Division. There is a great amount of foot traffic in this area. Tom L Lewis, Vice Chairman states he also concurs with the Chairman. Dan Gaba asked why the applicant has not looked to the right side of the house. City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 3 of 9 Tonya Yasencheck, Agent for the applicant stated that side of the lot could not be used because of where the house sits on the lot right now, we would need a variance for side setbacks. Also the main entrance to the house is on this side and that would all have to be moved. Philip Klein stated we are looking at the safety concerns. Perhaps the applicant can look at a shared driveway approach, since this lot is not really an appropriate lot. Kate Maynard, Principal Planner stated a letter was received on 12/21/11 from Mr. Georege O'Donnell, 55 Birch Street, stating his concerns regarding setbacks, scale of the proposed project and safety concerns regarding this project. PUBLIC HEARING: Clifford Van Wagner, Chairman opened the public hearing at 7:20 P.M. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mr. Daniel Thornton, applicant stated the irregular shape of the lot is because the City took a portion of the lot to help enlarge the intersection. Amy Durland stated she agrees with what the other Board members have stated, I don't know if there may be a possibility of using a shared driveway concept going behind the houses and then make the home even narrower and grant some sort of right of way, sidewalk easement, so that the sidewalks, street trees and streetlights could be provided. This is the only approach that she feels might be worth taking a look at. I don't know if that would work for a lot of practical reasons. Clifford Van Wagner, Chairman stated in hearing the comments I do not feel there is enough support for the project that is in front of us tonight. Amy brings up a valid point that if a shared driveway concept does solve a curb cut issue but there are still a lot of other issues to resolve. There are zoning variances to pursue and we still have to figure out how to fit a house that is viable. Amy Durland stated another issue to look at is I did look at our subdivision regulations and they do articulate a purpose for the subdivision regulations which include providing adequate and efficient public requirements including regulation of traffic and particular regard to avoiding congestion and to creating pedestrian ammenities. I do think the position the Board is articulating has support in the subdivision regulations. Clifford Van Wagner, Chairman stated if you do come back perhaps you can do an overlay, a transparency overlay on this sort of plan to show something different. It does not have to be a full set of engineered drawings. Give us a couple of options. Tonya Yasenchek, Agent for the applicant requested leaving this application open and the applicant will return with a set of revised plans. 3. 11.047 BARDINO MOTORS, 40 Excelsior Avenue, special use permit for auto sales and service and food service in the Transect-5 Neighborhood Center District. Clifford Van Wagner, Chairman stated a history on this project: City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 4 of 9 ZBA approvals April 15, 1987, use variance to allow tire sales and service and limousine rental business. Area variance to allow parking within front and rear yard setbacks; property was located within the Light Industrial District. Planning Board site plan approval June 10, 1987. Building Permits and Notices of Violation: Letter from Mike Biffer, May 22, 1990 regarding unauthorized operation of a car wash and auto parts sales. Letter from Mike Biffer to Michele Anderson, there appears to be no prior approval for an automotive dealership or a car wash, and according to the approved plan for 1987, the accessory building on site was to be removed. Proposed uses include auto sales and services, eating and drinking professional and business office and retail. 1400 square foot accessory building was to be removed per 1987 site plan. Was never demolished. Currently proposal is to remain. Parking existing 38 spaces. Required parking for proposed uses eating and drinking used as maximum number is 29 spaces. A number of spaces however are utilized as vehicle display. Future parking is included within proposed calculation – is this proposed ads "banked" parking to be constructed only if needed. SEQRA: Action appears to be Type II no further action required. Applicant: Charles Bardino Agent: Clark Wilkinson, Paragon Civil Engineering Clark Wilkinson, stated this is currently zoned Transect -5 and all of the uses do require a special use permit. The issue not only came up from this past use and the letters are in the files but also the existing house that is on the property, Mr. Bardino wishes to lease that out to a new tenant which is the question that started this whole process. That is why there are other uses on the request for that particular house. We put a few extra things on it such as professional and regular office as well as the food service for that use. Again this is to assist the applicant in marketing that space for leasing. The parcel is a 1.2 acre parcel. The business has been in existence since 1987. Various uses have evolved from that. The site exists today and has existed that way for quite a number of years. The parking calculations were done on a worse case scenario, out of the parking regulations. Clifford Van Wagner, Chairman stated the Board needs to approach this as though the use is not there and we are being asked for a use in a T-5 District. If this was not there today we would have to look at this as a new request for a auto sales, service, eating, drinking, office business and retail. Then we would talk about the use and if the special use permit were approved then they would come back for site plan. Clark Wilkinson stated the applicant has requested a waiver of site plan because we are proposing no improvements at this time. The sidewalks exist all the way around the perimeter of the property. City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 5 of 9 Clifford Van Wagner, Chairman questioned Kate Maynard, Principal Planner if that would be the procedure if this was an empty lot it would be special use being discussed, voted on and if successful the applicant would file a site plan application and come in and then we would speak about street trees, lights and sidewalks, parking, the display location of the vehicles. Kate Maynard, Principal Planner confirmed this would be the process. She stated the trigger also in addition to the uses that we spoke about is the required parking. Also noted, is the apparent encroachments that have been noted- a portion of High Rock Avenue was confirmed by a 2011 survey to actually be located on the subject property, and the parking on the subject parcel is encroaching on the City’s property on the rear. No record of granting of any conveyance to the City is on file.The applicant has expressed his willingness to convey the encroachment area to the City. The process for this is through the City’s Real Estate Committee, advisory to the Council. This has been put forward for the next meeting of the Committee. Discussion ensued regarding illegal use of a car dealership on the property. It was the concensus of the Board that a waiver of site plan was not an option in this case due to the multitude of problems. Clifford Van Wagner, Chairman stated that the new City Engineer, Tim Wales, has not yet reviewed the infrastructure of this property. Question of location and storage of vehicles. There are so many issues here regardless of the fact that there is a pre-existing building. The uses are not in conformance,so we need to go backwards before we can go forwards. These issues are all resolved in site plan. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Jerry Starr, 20 Martin Avenue. My primary concern regarding the plan is the disturbance it will cause in the neighborhood. The restaurant bar is of great concern, and I would like the Planning Board to take into consideration that our neighborhood is very quiet. Hopefully this will not result in a lot of cooking odors or noise disturbances such as outdoor music. Richard Cooley, 58 Warren Street. I also own the last lot on Martin Avenue. I have the same concerns as Jerry. The restaurant bar is of great concern, especially outside music/bands. Chuck Bardino, Bardino Motors. We do not have any plans for a restaurant with a bar. There is a woman up the street on Excelsior Avenue has a hot dog stand and she would like to rent the space out so she can be open all year round. There won't be any bar. She wants people to come in and out just like her stand now, however she will be inside. Clifford Van Wagner, Chairman asked if a vote were to be made this evening, would you Mr. Bardino stipulate that there would be no outdoor entertainment and no bar. Mr. Bardino stated absolutely. Clifford Van Wagner, Chairman stated his recommendation to Mr. Wilkinson on Mr. Bardino's behalf would be stay in communcation with Kate as you work through this process keep her in the loop. We will leave this hearing open and you will be coming back at a certain time on our Agenda in January or February. Be prepared to finalize a lot of the issues regarding our concern with Special Use. Kate can keep you updated with the concerns of the City so that this does not have to go on. Amy Durland stated as you are thinking of redefining your application and particularly about site plan which is an opportunity to redeem some of the aspects of this T-5 project. Please be familiar with the parking requirements in the Transect zones. You know they are discouraged in front and there is a lot of emphasis of buffers. If the project is City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 6 of 9 going to stay fundamentally where it is there are limitations about what we can require. I would like to really see some opportunities to enhance the project throught things like buffers, street trees and locations of parking and things like that. This is more site plan but I would like you to be aware of what I will be looking at. Clifford Van Wagner, Chairman stated this is an opportunity to be creative, enhance the area not only for the neighbors but everyone who drives by. The Board recessed at 8:00 P.M. The Board reconvened at 8:05 P.M. 4. 11.048 316-318 BALLSTON AVENUE, 316-318 Ballston Avenue, special use permit for residential buildings in the Transect-4 Urban Neighborhood District. Project was last seen for special use and site plan review on December 7, 2011. DRC Architectural Review is required. Applicant noted they will submit for DRC review, then return for Site Plan Review. This allows for any comments from DRC to be factored into Site Plan Review prior to any action. Parking – neighbors concern for availability of on-street parking on Peck. Applicant proposed alternative to provide additional parking along one way alley. Clifford Van Wagner, Chairman stated a letter was received from the City Engineer, Tim Wales and he has suggested that at the intersection of Peck and Route 50 there be a manhole and a stub out on Peck so that there is potential for future sewer connection for the houses that are on Peck Avenue. He also drove down Peck Avenue and took a measurement per the Planning Boards request as well as the neighbors. He determined a 400 foot run down Peck Avenue picking up the 5 houses with lateral connections and paving would be in the neighborhood of $30,000 to $35,000 per homeowner. Regarding the water, the City Engineer has recommended a 4" diameter water service down the rear alley of the structure. The connection should not be upsized to a 6" diameter water service and should not be connnected to the 2" substandard water line on Peck Avenue as it would create public water lines on private property which is an issue. Looping with the line on Peck Avenue would not help the situation on Peck Avenue as the 2" line would remain to serve Peck Avenue. Installation of a upgraded water line on Peck with connection to the City's 14" water main on Ballston Avenue would have a budget of $35,000 to $40,000 which is not budgeted at this time. Applicant: Steve Ethier and Stephen O'Shea Agent: Brett Steenburgh SEQRA: Project appears to be an Unlisted Action, with DRC other involved agency. DRC deferred SEQRA lead agency to the Planning Board on December 14, 2011. Brett Steenburgh gave a brief overview of the project. New conceptual elevation drawings were provided to the Board, as well as a visual presentation. Parking has been an issue. Kate Maynard asked Mr. Ethier about the potential of widening the alley along the rear of the structure. We took two feet out of the building maintained the 20 foot driveway, and widened the alley to a full 20 feet wide which will allow for parallel parking along the alley if necesary for overflow parking. This will allow parking for 14 vehicles. The alley and driveways will be of porous pavement. Relocation of sanitary sewer along Ballston Avenue to Peck Avenue with the services off of it. A 6 foot PVC fence will be continued the rear of this property to provide privacy to the residents southeast. City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 7 of 9 Clifford Van Wagner, Chairman stated the one way alley south to north a stop sign for the alley will be indicated in the final set of plans. No dumpster on site. Homes will have residential style roll off service. Garbage trucks will utilize the alley as they do in any residence. The other item was the fear of overflow parking onto Peck Avenue. By virtue of widening the alley to 20 feet, that meets the City code to have travel parking on one side only. This makes it as wide as many of the side streets in Saratoga Springs that allow alternate side parking or one side only. In this case one side only is proposed. Those are the issues the Board brought up. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. Amy Durland questioned the acreage of the area. Brett Steenburgh stated approximately ¾ of an acre. Amy Durland stated for 12 units has a density calculation been checked to entitle requesting the 12 units. Kate Maynard, Principal Planner stated they are allowed to construct 12 units. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Michael Dominick, 308 Ballston Avenue. His home does have sewers. He would like to address changing the direction of the one way street to allow the flow of traffic going away from Peck Avenue so as not to encourage parking on Peck Avenue. Also I have a concern regarding snow removal. I have a young daughter and am concerned regarding the flow of traffic going into a dead end road and the additional traffic. Clifford Van Wagner, Chairman stated this issue will be brought before the City's traffic safety engineer and we will get his thoughts on this. Also, has the Saratoga County Planning Board weighed in on this. Kate Maynard, Principal Planner stated they already have, they have stated that there is no significant countywide or inter community impact. Their sole concern voiced in review of the project materials, a concern common to projects located within the city's transect districts – availability of sufficient on-street parking. Since that comment again just a reminder the applicant's is currently providing 3 spaces per unit, what is currently required is 1 ½ per unit which is double the district parking requirements. Amy Durland stated that when the request goes before Mark Benaquista, traffic safety engineer regarding the direction of the one way street could we also mention to him the issue of the sidewalks on Peck Avenue and the concern regarding not having sidewalks and how that might factor into the decision regarding the direction of the alley. Kim Fonda, 4 Peck Avenue. I sent a letter to Kate Maynard regarding my property and it being turned into a fishbowl due to the project layout. I understand the PVC fencing for privacy. I have issues regarding the fence and the durability of it, could it be a brick wall or something more substantial. Regarding the trash collection, will there be more than one vendor, the noise will be an issue. Lighting is of a concern will there be spotlights. Brett Steenburgh stated on the units there will be residential style coach lighting, down facing. No spot lights. Kim Fonda stated she has concerns regarding water issues. Brett Steenburgh described the roof top structure with a drip edge around the building which is a stone channel which eventually empties in the courtyard area which has a buried large stone chamber which all the stormwater will collect. It is an underground drywell. City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 8 of 9 Discussion ensued regarding trash pickup and timing of such, the type of fencing and maintenance and sidewalks. Clifford Van Wagner, Chairman stated there are some issues which will be forwarded on to traffic safety for their input on the direction of the alley. The City Engineer will review the infrastructure with the applicant. Amy Durland stated when this gets to site plan I will be interested in talking about plantings and the lighting and more specifically what the options are concerning downfacing lighting. Clifford Van Wagner, Chairman stated this is a request for a Special Use Permit. This is an allowed use with what is happening here, a special use permit to be able to fit this into this zone. If Special Use is granted the applicant then has to return to this Board for site plan review. That will not be re-advertised. Check with staff to see when the applicant will reappear before the Board, or you can check on the website. The applicant has done a great job. You really cleared up a lot of issues and making the alley 20 feet wide and taking all of the parking issues away from Peck Avenue. We have still have some issues that do need to be addressed. We can deal with all those issues when you return in front of the Board as well as site plan. We cannot make any decision this evening in deference to some of the concerns of the neighbors. ADJOURNMENT There being no further business, Clifford Van Wagner adjourned the meeting at 9:10 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/11/12 City of Saratoga Springs Planning Board Minutes – December 21, 2011 - Page 9 of 9