Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JANUARY 25, 2012 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, Mariesa Coppola STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Tim Wales, City Engineer CALL TO ORDER: Clifford Van Wagner called the meeting to order at 7:06 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 THE APPLICANT'S REQUEST: - 11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing for 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: - 10.027 307 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 Clifford Van Wagner, Chairman welcomed the newest Planning Board Member, Mariesa Coppola. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS Planning Board Caravan scheduled for Monday, February 6, 2012 at 4:00 P.M. Planning Board Workshop scheduled for Monday, February 6, 2012 at 5:00 P.M. Planning Board Meeting scheduled for Wednesday, February 8, 2012 at 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. APPLICATIONS: 1. 11.042 STEWART'S SHOPS CORPORATION, RICHARD FARRELL, 11 & 15 MAPLE DELL, request for an advisory opinion to the City Council for Zoning Amendment change from Tourist Related Business District to Highway General Business District, and consideration of alternate text amendment of Tourist Related Business District. Agent: Jennifer Howard, Stewart's Corporation SEQRA: No SEQRA action required with an advisory opinion. DISCLOSURE: Tom L. Lewis, Vice Chairman recused himself from this application as he is employed by Stewart's Corporation. Stewart's Shops Corporation and Richard Farrell for a 1.23 acre parcel at 11 Maple Dell and 0.81 acre parcel at 15 Maple Dell. The petition for Zoning Amendment is a request change the current zoning designation from Tourist Related Business District (TRBD), to Highway General Business District (HGBD), The reasons cited for the proposed change is a desire to allow for a wider range of uses that are afforded under HGBD, in particular an office and retail use. Parcels located within Marion Avenue Gateway location – entail additional design elements and review by the DRC. The Planning Board issued a favorable advisory opinion for this proposed change on November 22, 2011. At the January 17, 2012 City Council Meeting, the council requested that the Planning Board reconsider its advisory opinion of the proposed map amendment with additional potential public input considered. It also requested the Planning Board to consider the possibility of a text amendment to the existing Tourist Related Business District. The Saratoga County Planning Board noted no significant county wide or intercommunity impact. Ms. Howard, Agent for Stewart's stated we are TRBD, it allows a realty office but no other type of office. Which in the City of Saratoga Springs includes business, medical, clinic and professional. We are attempting to change to the HGBD so we are allowed the benefit of a business, professional, medical, clinical office. It was brought to my attention recently that if we choose to go another route which is a text amendment we can keep the TRBD zoning and insert the four types of office uses just to end the neighborhood issue that apparently has arisen because of this application. Stewart's is okay with either decision. We have a 1300 square foot building and we would just like to have a viable use for that building. Kate Maynard, Principal Planner stated potentially what is proposed is to look at each existing zone. The TRBD, what is currently allowed and what manner and also look at the changes to have a GBD, in terms of uses. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 2 of 17 Tracey Millis, Neighborhood Association President, 35, 37 Maple Dell and a number of commercial lots beyond that. A letter was dated November 23, 2011, stating TRBD amendment change to office as a permitted use. We do not have a problem with that. We already have offices there. We have a problem with changing it to a HGBD. That is why we worked on the master plan for 16 months to keep that residential neighborhood residential. If that is all Stewart's wants and that is all that Dr. Farrell wants the neighborhood association is fine with that. Kate Maynard, Principal Planner stated at the City Council meeting last week they asked the Planning Board to reconsider the proposed shift, the map amendment from TRBD to HGBD and also in addition to consider separately the idea of a text amendment that would include office or a combination of office uses to be added to the existing TRBD. Those are the two items that wanted the Planning Board to consider with your advisory opinion. Howard Pinsley asked if this could be done just for this one parcel, or do we have to look at all those in the City which are zoned the same way. Kate Maynard, Principal Planner stated the text amendment would look at a change to TRBD. There are three areas where TRBD is present. This is one, the Horseshoe and South Broadway. Clifford Van Wagner, Chairman stated we cannot operate under a microscope and look at a text amendment only for the subject parcel at Maple Dell. If we are going to consider a text amendment we just have to step back for a moment and look at that. Do we need to do a notification to the folks in those two TRBD Districts. Kate Maynard, Principal Planner stated you would not need to. The zoning is silent on any provision at the advisory opinion level for the Planning Board to hold a public hearing. The Council in looking at things at the public hearing that was occurring last week wanted to make sure that the extra step was taken and they specifically asked that the Board provide notice to those within the Maple Dell area. We did provide that, it is different than our normal 250 feet but we did that and the Planning Department provided that to all those within that boundary as discussed at the City Council meeting. Clifford Van Wagner, Chairman stated again the procedure here is the City Council has asked the Planning Board for an advisory opinion. The City Council can do whatever they please. This is non binding so whatever direction comes back from this Board is simply a suggestion that we have looked at it, analyzed it and the City Council is then the one who calls the public hearing, which many of you folks were at. Clifford Van Wagner, Chairman asked if there is anyone else in the audience who wishes to comment on this application. Dr. Richard Farrell, Saratoga North. 15 Maple Dell. I just want to make sure that it is noted that there are more that two parties on this. When you say office, it is just not a medical office. Clifford Van Wagner, Chairman stated when the City states office it encompasses office business, office professional, and office medical. Joseph Earnst, 391 Maple Avenue. This is a heavy traffic area. I believe the neighbors should have an opportunity to have a chance to market their property as Commercial. People are struggling to sell their properties. The more traffic we get there the less desirable the area will be for residential property owners. City Engineer Tim Wales, left the meeting at 7:30 P.M. Tracy Millis 35, 37 Maple Dell. The homeowners association does not want the area changed. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 3 of 17 Gordon Trombley, 390 Maple Avenue. Looked at the map which was provided to the Board. Clifford Van Wagner, Chairman provided Mr. Trombley with a copy of the map. David LaVec, 36 Maple Dell. If the Board decides to make a zoning amendment change the residents would appreciate notification as a resident of the area. We have a great downtown where business is functioning and doing well. I am in favor for amending the zoning for the Stewart's office complex. Clifford Van Wagner, Chairman what we have heard tonight is a recognition that the uses that are there today and those which have been used in the past are acceptable to the neighbors. What we heard at the City Council meeting by one resident was, if by changing the zoning he is worried about lumber yards and bowling alleys. We assure you that this will not happen here. The Board is being asked to offer an advisory opinion again back to the City Council. I think that the advisory opinion needs to indicate that we had notified all the residents of the Maple Dell neighborhood not just the folks within 250 feet which is what the zoning code states. What are the comments from the Board members. Amy Durland stated she is glad that the neighbors were notified and the input is valuable and definitely adds additional information that is useful for us as we are considering. Thank you all for coming out. The two options that are before us I would like to list the concerns that I have about each of them. One is that I believe the applicants when they say they want a fairly limited expansion of uses. We have to consider a zoning change in that area would mean that at some point in the future those uses could change. One of the things we are considering is changing from a TRBD to a HGBD and the things that are allowed are of concern to some of the neighbors those uses will still be available in one year, five years, ten years, fifty years. If those properties were sold and someone acquired them and then those uses might be on the table even though they are not tonight, and I believe there is no intention for them to be on the table tonight by anyone concerned. We have to think of the possibility that in the future those could happen. Clifford Van Wagner, Chairman stated that he believes the zoning amendment change is off the table now from what he is hearing from the people who spoke is that they are much in favor of simply a text amendment to the current TRBD to put the word comma office in which would allow just those items we discussed. Amy Durland stated then let me speak of a concern I have about that. This applies to the other areas and in particular when I was looking at the zoning map in preparation I was looking at the South Broadway area and there is a very extensive frontage on South Broadway near the State Park where that would apply. I am not sure at this point that adding that office use to that part of the City makes sense in terms of our directives and the Comprehensive Plan which do require us to focus development in the special development areas. That area on South Broadway is fairly close to the outskirts of the City, it is not that far from the border, so I personally have some concerns about adding that at this point. It might be that through the Comprehensive Plan review a more complete examination of the City and its policies it would make sense possibly down the road but I have to say I have concerns about it at this point. My hope is that maybe if we could add to the mix the possibility of other zones for Maple Dell. We have Neighborhood Complementary Zones that are specifically designed to have uses that are compatible with neighborhoods and there are a couple of Neighborhood Complementary Use Zones that includes office use. So, I am not sure that these are perfect answers to this but they maybe getting closer to the answers to this. I am not sure how we want to proceed or if we need some time to think about this or investigate some of the implications of it. I just want to indicate that I for one have fairly significant concerns about the two options that are on the table and I am hoping that we can come up with other options that will be closer to what everyone seems to wants. Clifford Van Wagner, Chairman stated again I think the Zoning Amendment Change from TRBD to HGBD is off the table. I am interested in this. Kate can you tell us in the Zoning Code the uses that are defined in the NCUD that would show us what exists today. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 4 of 17 NCUD I Principal permitted uses: Single, 2 family residences, daycare centers, Neighborhood Bed and Breakfast, Office less than 1200 square feet, art galleries; art studios; boutiques; retail, service establishments, Business professional office, and laundromat. NCUD II Principal permitted uses: Single, 2 family residences, Neighborhood Bed and Breakfast, Office less than 1200 square feet, art galleries; art studios; Business professional office, and laundromat. NCUD III Principal permitted uses: Single, 2 family residences; Senior housing; Business and professional office greater than 1600 square feet, Business professional office Clifford Van Wagner, Chairman stated this application will remain open. The Board is in agreement that changing this from a TRBD to HGBD is not a good solution to this at all based on what we have heard from the neighbors. My recommendation is that we make no comments back to the City Council as far as a suggestion but we have staff and some of the Board sit down and look at the other two sites which are in fact, the Horseshoe and the area around South Broadway and research this and see how this has to be done. 2. 11.037 SARATOGA YOUTH LACROSSE FIELDS, WEIBEL AVENUE, soil and sediment control plan for two lacrosse fields in the Transect-4 District. Applicant: Saratoga Youth Lacrosse, Greg Griskiwitz Agent: Eric Ciulla SEQRA: Project appears to be an Unlisted Action BACKGROUND: The applicant was before the Board two weeks ago. The Code 240.12.20 requires that the applicant appear because they are going to disturb soil in excess of 0.5 acres. They have noted on their plans they will be disturbing approximately 5 acres. These are fields which are accessed by the PBA road which will continue to serve site. With expansion of uses as potential with tournaments etc., They are currently fields out there now. There is a softball field and the PBA has a building out there. This Board was concerned two weeks ago with parking and additional traffic generation related to two additional fields. Also the Board felt that perhaps the residences on Liz Ann Drive had not been notified, not in error there are requirements when neighbors are within 250 or 500 feet of a protected property have to be notified by code. This is not one of those. Once the Board saw the impact we stopped and asked staff to reach out to the residents on Liz Ann Drive by either a telephone call, a letter in the mail and letters hand delivered by staff to the resident mailboxes. That is what has been done over the last two weeks. Clifford Van Wagner, Chairman stated the Board has received some communication from: Frank and Dana Figliomeni Andrew Hyder City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 5 of 17 Kim Brewer Joe Clement Clifford Van Wagner, Chairman, stated the major concerns that this Board saw on site. We looked at the proposed buffer which was to be provided along the property line which butts up to Liz Ann Drive residences. In the past two weeks the applicant has agreed at the Board's request to expand the buffer from 50 feet to 65 feet and the parking has been discussed. 100 parking spaces required and the applicant is providing 134 spaces. Clifford Van Wagner, Chairman stated the applicant proposed a stump dump where they would bury stumps. This Board was not happy with that. We asked the applicant to either chip them or remove them or remove in another fashion and they have agreed to that. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Frank Figliomeni, 5 Liz Ann Drive. Questioned the distance from the tree line to the owners property line. Eric Ciulla, volunteer engineer for this project. 210 feet. Frank Figliomeni, 5 Liz Ann Drive, if there is clear cutting you will be right in our backyard. A 65 foot buffer is not going to work. The fields will be higher, there will be a drainage issue. You will be right in my backyard. Currently the trees are a great buffer for noise. This will effect our quality of life and privacy. Allison Hyder, 7 Liz Ann Drive. Thank you for the opportunity. One of the biggest concerns is that we already have some noise from the field and the PBA range as well. Certainly there is a buffer and a larger buffer would be better. Robert Wheeler, 12 Liz Ann Drive. No objection to the Lacrosse fields. Concern arises with the removal of buffers. Quality of Life for homeowners is questioned. Clifford Van Wagner, Chairman, stated he does not feel the Board will be taking any action on this tonight. The code states the Board must look at how the soil is being disturbed and how that is affecting drainage. Our City Engineer has reviewed the plans, the drainage and the City Engineer has assured us that the water will be maintained on site based on the topography of the land. However, the issue with the buffer resonates with the Board. It is incumbent upon our applicants to go back to the drawing board and look and see if there is any other way to reconfigure these. This is not a site plan, this is a soil and sediment control plan. We can mandate buffering. Kate Maynard, Principal Planner stated that within the T-4 zone there is a requirement for a buffer area. It is general in terms of buffer but does call for a buffer area between the Transect area and the residential areas to the east. Clifford Van Wagner, Chairman stated there has to be some buffering here. We have to respect the neighbors in the back. We also respect your predicament. You are a not for profit, we understand that. We even tried to work out an opportunity to waive a portion of your fees so that you can spend more money doing the work that you do and not tie them up. We are at a standstill here. I do not have a solution and I think if you asked us to vote tonight you probably would not be happy. Tom L Lewis, Vice Chairman stated I certainly agree with the Chairman and I am inclined to want to support this because in the same balancing test weighing the benefit to how many kids that are doing this versus the neighbors but anything that you can do to mitigate that a fence or trees or both. The neighbors have a very legitimate issue. Eric Ciulla stated we want to respect the statements by the neighbors and just point out a couple of small details. This is a Transect-4 zone. In the Transect-4 zone this is not a high density maximized use for the potential zoning that exists for this parcel. In fact, multi family dwelling buildings could have been constructed right in your back yards. In fact the development adjacent just off of Weibel Avenue is the same zoning. I am asking you to take that City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 6 of 17 into consideration as well. When Saratoga Youth Lacrosse leaves this site it becomes a more viable option for a developer as well who might be considering some other type of vertical construction buildings. What we are doing here is converting the area into a beautiful lawn. To try to address a few things which were brought up the neighbor across the street whose home is graded up higher the sounds and noise that you hear from the firing range we could never mitigate that. Clifford Van Wagner, Chairman stated we are not asking you to mitigate that. That is an allowed use. The current lacrosse fields are an allowed use. What we are discussing is the fact that you are trying to put two more fields in and you are talking about removing 100+ feet of a buffer that these folks enjoy now. What we are asking you to do is to come back in two weeks and tell us one of two things. Can you relocate one of these fields. Can you build only one field, and mitigate the extent of this infraction to the neighbors parcel. Will you plant a 6 foot high stockade fence for sound mitigation and at the very least will you put some trees in that will assist these neighbors. That is where we need to be. Talk to your folks and come back to the Board. Amy Durland stated the section of the ordinance that deals with soil and sediment control indicates that one of the primary purposes of our review is to ensure protection to the natural environment by minimizing the adverse impact and they include vegetative resources in that. I think we do have the authority to ask for this consideration. The other thing is it is a T-4 District. T-4 does allow a more intensive use. I think that was one of my concerns was actually reducing the buffers too much is that ultimately since this is a leased use we cannot predict what will happen in the future, in five or ten years. There maybe a T-4 development. It maybe that the buffer will become even more important at that point. I agree with Cliff completely that we would love to see some win, win creative thoughts from you. If there is any re-vegetating if there is a swale that needs to be placed for drainage purposes or an area that can be re-vegetated afterwards or to increase the buffer even more. Dan Gaba stated he suggests that the applicant reach out to the neighbors in the hallway to get their numbers so that they can be contacted in the meantime and have a dialog with them. Kate Maynard, Principal Planner, stated just a reminder this application is different that a site plan and special use permit. You need to consider what you are looking at in the soil and sediment control plan. Clifford Van Wagner, stated this application will remain open. The applicant should stay in touch with staff and notify them when they are ready to return before the Board. 8:30 P.M. The Board recessed. 8:45 P.M. The Board reconvened. 2. 11.041 FAMILY DOLLAR, 2214 Route 50, sketch site plan discussion for retail store in the Highway General Business District. Applicant: Gary DeRusso Agent: Gavin Vuillame, Landscape Architect, Environmental Design; Jerry Magoolaghan SEQRA: No SEQRA action required with sketch plan. Action appears to be Unlisted. Clifford Van Wagner, Chairman gave some background information regarding this application. In March 2008, ZBA interpreted that a car rental facility was consistent with auto sales/service as permitted in this district. Planning Board site plan 8/22/08 with subsequent DRC approval September 2008. Current project was last seen before the Planning Board as sketch September 27, 2011. DRC review is required. Property is located within Highway General Business City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 7 of 17 District, and within "Zone A" of the Gateway Overlay District -1 Gateway overlay encourages site integration with adjacent sites. This is a major gateway into the City. We will hold McDonald's as our poster child since we worked with them for two and a half years. DISCLOSURE: Philip Klein stated he works for Adirondack Trust Company. He has no financial or fiduciary interest in this application and he feels no need to recuse. Gavin Vuillame, Landscape Design stated we appreciate the opportunity to again present the Family Dollar project to the Board. As mentioned we have given a lot of thought to our site layout, our building and our overall design concept taking into consideration that the gateway is a very important entrance into the City. We spent a lot of time with Family Dollar and we spent a lot of time with an architect named Dave Mansfield. He has been hired to help us with out building to get it to something hopefully everyone will be very proud of. A visual presentation was made to the Board. It is still a work in progress. The Board has received a site plan as well as a sketch of the building. Parking has been reduced in the front down to 20% as per the regulations. Access – proposed shared curb cut with existing bank, connections between both adjacent sites in accordance with Gateway requirements. Storm water management and drainage issues were reviewed. We have met with the DOT regarding the shared driveway, and it has been approved. Adirondack Trust Company has not been notified of this. Jerry Magoolaghan stated this will not be a cookie cutter Family Dollar. We have come up with a design that somewhat mimics the Adirondack Trust Company. The building currently has a two story elevation. We are preparing for the DRC review. Architectural shingles with metal accents. We believe we are keeping with the zoning. We have taken the comments of this Board to heart and tried to implement them in the new design. Discussion ensued regarding placement of the building, landscaping vegetation and wetlands are to be delineated when the applicant returns before the Board. Amy Durland asked where the pedestrian circulation would be. Gavin Vuillame stated the pedestrian circulation would be in front of the parking are along the three parcels. Amy Durland also requested landscaping vegetation and significant screening which is required in this zone be shown on plans when the applicant returns. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman stated when the applicant returns before the Board we would like to see some communication with the Adirondack Trust regarding the sidewalk, alternate shared parking, reconfigure parking on the three sides, how far apart will be buildings be, location of the building on the site, build to line and the right of way. 3. 11.048 316-318 BALLSTON AVENUE, 316-318 Ballston Avenue, special use permit for residential buildings in the Transect-4 Urban Neighborhood District. 4. 11.030.1 316-318 BALLSTON AVENUE, 316-318 Ballston Avenue, site plan for residential buildings in the Transect-4 Urban Neighborhood District. Applicant: Steve Ethier, Stephen O'Shea City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 8 of 17 Agent: Brett Steenburgh SEQRA: Project appears to be an Unlisted action, with DRC other involved agency. Initiate lead agency, coordinated review if DRC has not already deferred to Planning Board (DRC workshop December 6, 2011). Project was last seen for special use and site plan review on December 21, 2011. Site plan review is required, application submitted concurrently with special use permit. Architectural Review is required. This application is for 12 proposed residential units. Saratoga County Planning Board stated no significant countywide or inter community impact with comment regarding the availability of sufficient on street parking. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application for a Special Use Permit for 12 residential units 316-318 Ballston Avenue. None heard. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. Review Part I and Part II of the SEQRA Environmental Assessment Form. SEQR DECISION: Howard Pinsley stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Seconded by Mariesa Coppola. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Clifford Van Wagner, Chairman asked if there were any questions or comments regarding the Special Use Permit. Any conditions would be imposed on Site Plan. None heard. Dan Gaba made a motion to approve the Special Use Permit for 316-318 Ballston Avenue. Seconded by Howard Pinsley. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 9 of 17 VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Amy Durland stated that just for the record perhaps it should be noted that the waiver is a result of the fact that the area has very little parking, and he is providing more. Clifford Van Wagner, Chairman stated we need to give this applicant a waiver for parking since he is exceeding what is required by over 20%. He is required to provide 18 and he has exceed that by 20%. Howard Pinsley made a motion for the waiver of the parking exceeding 20%, noting the fact that there is limited parking in this area and this applicant is providing additional parking for others rather than his residential units. Seconded by Philip Klein. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Clifford Van Wagner, Chairman asked if there was anyone in the audience who wished to comment on this application for Site Plan Approval. None heard. Clifford Van Wagner, Chairman stated we will now move on to the Site Plan Approval with the following conditions: ▪Remove snow from the site as required. ▪Trash pickup –residential service – no dumpsters ▪Project will be phased in two phases PHASE I ▪Alley will be south to north – exiting on Peck Avenue - completed ▪Signage – One way signs posted on alley ▪Stop sign on alley ▪New sewer line – manhole at Peck Avenue ▪Streetscape Improvements, i.e., sidewalks, street trees, street lights to the break line ▪Driveways and parallel parking spaces porous pavement – main 9 foot area of alleyway will be blacktop to accommodate trash collection vehicles and snow plows ▪6 foot PVC fence to match what exists ▪Waiver of parking exceeding 20% noting limited parking in the area Philip Klein made a motion for Site Plan Approval with the conditions as listed. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 10 of 17 Seconded by Dan Gaba. Amy Durland questioned the lighting as down facing lighting. Brett Steenburgh stated in the rear of the building all lighting will all be recessed lighting. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 5. 11.049 THORNTON SUBDIVISION, 215 Grand Avenue, public hearing for a two lot subdivision in the Urban Residential-2 District. Applicant: Daniel Briggs Thornton and Patricia V. Thornton Agent: Tonya Yasenchak, Engineering America SEQRA: Action appears to be a Type I action under SEQRA. Project was last seen by the Planning Board on December 21, 2011 meeting. The Board considered potential impacts and requested applicant to respond specifically: Potential impacts of pedestrian safety, desire to see required tree belt located as buffer between street and sidewalk along Grand/Birch lot frontage. Proposed access questioned if adequate sight distance present, safe location given proximity to Grand Birch intersection and "slip" traffic from Grand onto Birch. Compatibility of neighborhood citing of new structure on proposed lot questioned within the context of the neighborhood. Clifford Van Wagner, Chairman stated we have just been given some information that this action will now be a SEQRA Type I action. It is on the Historical Register and is within the district which now requires DRC review. We are requesting Lead Agency Status from the DRC which is a formality. At the last meeting the Board spoke about the proximity of Birch Street, sidewalks, exit and entrance of the driveway. We asked the applicant to return with some different plans because what we saw there was not a lot of support for. We will hear your new proposal, however, no action will be taken this evening. Ms. Yasenchak, stated Mrs. Thornton is present this evening as well as several neighbors, the potential purchaser and Mr. John Witt the contractor for the applicant. Ms. Yasenchak stated when the applicant first appeared before the Board they asked for a waiver for the sidewalks as well as the street trees and street lights. We have now reviewed this site and have been able to add those elements to the site, making this site much more pedestrian friendly, safer and will increase pedestrian traffic in the area as well as have a nice lot for the house. A visual presentation was provided to the Board encompassing the design elements which were added to the site. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 11 of 17 Clifford Van Wagner, Chairman stated the first order of business is to request Lead Agency Status from the Design Review Commission. Dan Gaba made a motion to request Lead Agency Status from the Design Review Commission. Seconded by Howard Pinsley. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Doreen Couch, 216 Washington Street. My property abuts the rear of 215 Grant Avenue, the proposed site. It appears that Mr. Witt has a very promising home proposed for the potential buyers but in fact it will affect the quality of the landscape which is there right now. I am concerned regarding the water table and the land being displaced how will it effect the neighborhood. Patty Thornton, 215 Grand Avenue. I am the applicant. I am the 4th generation in that home. We have maintained that home and kept it up to the standards of the City. The home is too big for us. We have spoken to all of our neighbors and requested their input. John Witt, Contractor. The potential buyer asked me to sketch up a home. This sketch that we have come up with fits into the neighborhood. It is a cute house, fits the lot. It is a win for the City. Clifford Van Wagner, Chairman stated we have received a comments from Mark Benaquista, Traffic Safety Engineer, (a copy of the letter was provided to the applicant), which states no driveway access to this property should be permitted. We have some issues. We have some serious concerns. We will not take any action on this tonight other than what we have already done which is to send the petition over to the DRC requesting Lead Agency Status. The applicant needs to complete more forms. Kate Maynard, Principal Planner, stated should also review the referral from the Saratoga County Planning Department which states "No countywide or inter community impacts… The Saratoga County Planning Board staff recognized a concern for turning movements at the proposed location of the new residential driveway. While access will not be to or from a county road, we believe the City Planning Board should consider an alternate safer location for access to the residence. Clifford Van Wagner, Chairman stated not only do we have concerns by the local Traffic Safety Engineer, but also the Saratoga County Planning Board issued their concerns. So, you will need to take those comments into your plans for when you return. I for one think this is too much house for the lot. Although, it is a legal building lot, it is cramming too much onto the site. Amy Durland stated that the comments from Mark Benaquista need to be taken into consideration. Is there anyway that you would consider a shared driveway? Tonya Yasenchak, stated it is something I will need to speak to the applicant about. Having any shared driveway access will have them totally cut off from the rest of their yard. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 12 of 17 Amy Durland asked if there will be any input from the Saratoga Preservation Foundation on this since we know this is in a Historic Preservation District. I don't know if they are in a position to give an opinion about this but we can ask for it. Their opinion would have some weight with me in terms of whether or not the house fits into the neighborhood. Clifford Van Wagner, Chairman stated we will sit on this until further notice, until DRC acts upon our request and the applicant returns to the Board. 7. 12.001 THE THIRSTY OWL WINE COMPANY & BISTRO, 184 South Broadway public hearing for a special use permit for mixed use building featuring eating and drinking, retail and residential in the Transect-5 District. 8. 12.002 THE THIRSTY OWL WINE COMPANY & BISTRO, 184 South Broadway, site plan for mixed use building featuring eating and drinking, retail and residential in the Transect-5 District. Applicant: Ted Cupp Agents: Jason Tommell, Mike Brooks, Jeremy Schneibel, Tommell and Associates Steven Rowland, Butler, Rowland and Mays Richard Martin, Northern Dean Clifford Van Wagner, Chairman gave a brief history of this application. The Site is formerly the Kimberly House Bed and Breakfast. Proposed uses include eating and drinking, retail on first and portion of second floors, and residential unit on the second floor. Physical proposed changes include: 2 additions demolished, 3,165 square feet addition to remaining 2,890 square feet. Currently on the ease side of the proposed project there is a lawsuit pending and questions have arisen as to ownership of the property at the present time. The applicant is looking for site plan approval and special use permit approval this evening. Jason Tommell, Tommell and Associates reviewed the project briefly for the Board. The applicant has requested the Board to waive the parking requirements. The applicant demonstrated that the reduction in parking will not result in any adverse impact on the parking in the district in which it is located and on the parking characteristics of the site and the proposed use. We are currently requesting a waiver for 8 parking spaces. Mr. Tommell explained to the Board how the parking spaces and parking waiver number was arrived at. Also we are requesting an additional waiver for 20 seats outside on the patio and deck area of the project. A brief overview of the project was provided by Mr. Tommell. Clifford Van Wagner, Chairman stated there is no way to determine when this lawsuit would be settled. It could be years. I actually suggested this two weeks ago and I think this is a viable solution to what hopefully be resolved. Whenever this is resolved I am quite confident that the applicant will have access to at least a portion of the alley. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Mr. Eric Lawson, 11 Whitney Place. Our issue my neighbor and myself arises from the parking problem of the Enterprise Rent-a-Car. This was an absolute nightmare. It went on for years. I am delighted with the business opportunity. I suggest purchasing the Enterprise Building and level it and use it for parking. Also perhaps leasing space across the street. Richard Martin, Northern Dean, agent for the project stated if you notice there is a wrap around porch. One of the reasons the owner was interested in that piece of property was because of the amount of traffic that is on the sidewalk. He is looking to bring the sidewalk traffic in. Not necessarily their cars but the people walking especially during July and August that was one of the reasons for that design. His hours of operation are much closer to City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 13 of 17 11:00 A.M. to 6:00 P.M. He is not looking to be opened at 4 am. That is not the purpose of this piece. As a member of the Design Review Commission you will not see the Enterprise Building come down by anybody. That is a historic area for us that building is in very good shape and it will not be demolished. Perhaps the back addition can be removed but I do not think the Building will come down. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Tom L Lewis, Vice Chairman stated his sense is that the design is really good and as frequently happens there are trade offs. My sense is that I would certainly support waiving all the parking. I do not believe we should do the approval conditioned because of the ambiguity of the lawsuit. This is a good project. Philip Klein stated he would rather make sure that the 8 spaces will have to be there. Dan Gaba stated what he would like to see when the litigation is completed that the applicant be given a reasonable amount of time to construct so that the parking spaces do not go by the way side. Amy Durland stated if or when legal access is available is that the 8 parking spaces will be constructed as indicated on the site plan approval. Clifford Van Wagner, Chairman asked if there were any questions or comment on Part I of the SEQRA Form. None heard. Clifford Van Wagner, Chairman reviewed Part II of the SEQRA EAF. No large or important areas of concern were noted. SEQR DECISION: Howard Pinsley stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Seconded by Dan Gaba. Clifford Van Wagner, Chairman asked if there were any further questions or comments. None heard. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Clifford Van Wagner, Chairman stated we will now move to Special Use Permit, with the following condition: ▪Acknowledge that there will be a 100% waiver of the parking requirement of 20 outside City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 14 of 17  entertainment seating. Philip Klein made a motion to approve the Special Use Permit with the condition as stated. Seconded by Howard Pinsley. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 Clifford Van Wagner, Chairman stated we will now move onto Site Plan Approval. Clifford Van Wagner, Chairman made a motion for Site Plan Approval with the following conditions: ▪16 Parking spaces required – waiver of 8 parking spaces ▪100% Waiver of parking for outside seating ▪Due to litigation in the City, and access to the rear parking lot, the Board will waive the 8 on site spots until such time as the legal issues with regard to the 8 spots in the rear alley are resolved at which point in time the applicant will have 180 days to supply those 8 parking spots on site ▪Street lights required along the frontage ▪Outside down facing lighting will be provided ▪Bike Rack will be provided ▪Screening of the parking lot when the lawsuit is resolved and the 8 spots are provided on site that this will be provided to the Chairman for Administrative Review. Seconded by Tom L Lewis, Vice Chairman. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 7-0 11:10 PM the Board recessed. 11:15 PM the Board reconvened. 9. 12.004 RYNICK PROPERTIES, SARATOGA SPRINGS, LLC, 468 Louden Road, sketch plan discussion of eating and drinking and retail in the Weibel Plaza Commerce Planned Unit Development District. City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 15 of 17 Applicant: Rynick Properties Agent: Jason Tommell, Tommell and Associates SEQRA: No SEQRA action is required with a sketch plan. Action appears to be a Type II action. This project is within Weibel Avenue Commercial PUD. Site plan approval granted for site including Denny's and future retail establishment by the Planning Board on February 6, 2002. Proposed action involves an expansion and reconfiguration of approved parking lot area for 2 buildings. Jason Tommell stated the applicant currently provides 37 spaces required. There is a retail space being proposed in the area of 3,200 square feet. 16 spaces are required, 16 spaces will be provided. 53 spaces existing with a proposal for increase to 76 spaces. Appears eating and drinking maybe proposed with the approved site plan. Shared parking with Hannaford is not an option. Clifford Van Wagner, Chairman asked if the area in question houses wetlands. Jason Tommell stated the area is wetland area. This is only conceptual at this time, it would be a temporary disturbance. Clifford Van Wagner, Chairman stated there is not a lot the Board can do this evening. What the applicant needs to do is devise a proposal to come before the Board with and then it is a matter of the applicant and the City Engineer. Amy Durland questioned the temporary disturbance that was mentioned are there permits required. The applicant stated he will check with the Army Corps of Engineers. We have spoken to the DEC regarding this and they do not want anything to do with this. Jason Tommell stated he has maintained correspondence with the Army Corps of Engineers and Kate Maynard, Principal Planner has been included on emails as well as Bradley Birge, Administrator, Planning and Economic Development throughout. We are trying to make sure that whatever go forward everyone is comfortable with what is going on. Amy Durland asked if there is no remediation than how can the temporary disturbance necessarily be temporary, sounds like it might be permanent. Jason Tommell, stated that would be up to the Army Corps of Engineers. Dan Gaba questioned if the applicant looked at the area to see if perhaps he could obtain more parking spaces from the lot that is currently there. Clifford Van Wagner, Chairman stated the Board would request input from the Army Corp of Engineers, the City Engineer and the storm water management program as well. APPROVAL OF MINUTES: Dan Gaba made a motion to approve the minutes of the January 11, 2012 with corrections and additions as City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 16 of 17 submitted. Seconded by Howard Pinsley. VOTE: Tom L Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0-1 MOTION TO ADJOURN: There being no further business, Clifford Van Wagner, Chairman adjourned the meeting at 11:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/8/12 City of Saratoga Springs Planning Board Minutes – January 25, 2012 - Page 17 of 17