Planning Board

PLANNING BOARD MINUTES WEDNESDAY, FEBRUARY 22, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Tom L Lewis, Vice Chair, Amy Durland, Philip Klein, Howard Pinsley, Mariesa Coppola ABSENT: Dan Gaba STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs CALL TO ORDER Clifford Van Wagner called the meeting to order at 7:05 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: - 11.037 SARATOGA YOUTH LACROSSE FIELDS, Weibel Avenue, soil and sediment control plan for two lacrosse fields in the Transect-4 District. - 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. - 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. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR COMMENTS FROM THE CHAIR Clifford Van Wagner, Chairman stated an existing 3 lot subdivision at 141, 143, 145 Jackson Street (approved 04-18- 07 by the Planning Board) – lot line adjustment proposed for modification of boundaries that provides for current lots at 60' and 70' frontage to be modified to 65' and 65 frontage. Action: approved. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Meeting Caravan, Monday, March 12, 2012 at 4:00 PM Planning Board Meeting Workshop, Monday, March 12, 2012 at 5:00 PM Planning Board Meeting, Wednesday, March 14, 2012 at 7:00 PM PRIVILEGE OF THE FLOOR Clifford Van Wagner, Chairman gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS 1. 11.010.3 SIRO'S, 168 LINCOLN AVENUE, public hearing for a renewable special use permit for outdoor entertainment in the Institutional Horse Track Related District. SEQRA: Project appears to be a Type II action. Seqra is reaffirmed and no additional environmental review is required. Clifford Van Wagner, Chairman gave a brief background of the project. - On May 21, 2002 the City Council rezoned this property from UR-2 to INST-HTR - On June 19, 2002 the Planning Board issued a temporary special use permit for this site. That special use permit has expired. - On March 19, 2003 the Planning Board issued a permanent special use permit for this property – primarily for the indoor eating and drinking establishment. - On March 19, 2003 the Planning Board also issued site plan approval. - On September 15, 2003 the Office of the City Engineer signed off on the "as-built" improvements. - On May 19, 2004 the Planning Board granted a revision and an extension of the site plan review granted originally on March 19, 2003. Final as-built plans were submitted in July 2005. - On March 11, 2009 – a renewable special use permit was issued for outdoor entertainment. - On March 9, 2011 – a renewable special use permit was issued for outdoor entertainment. - Amended Special Use Permit, site plan modification applications submitted, joint meeting held with the ZBA on April 27, 2011 and before the Planning Board May 11, 2011. Amended special use permit and site plan modification were approved at Joint Planning Board/Zoning Board meeting on June 29, 2011. - On August 10, 2011 – Planning Board approved modification to the permanent eating and drinking and renewable outdoor entertainment special use permits to allow for a change in parking location for required off-street parking. This was conditioned that the off-street parking must be within 300 feet of the subject parcel, with lease agreement provided July 1st every year to the Zoning Enforcement Officer. - Per condition of renewable special use permit, City authorized sound expert completed noise monitoring over 2011 racing season. Report entitled Noise Level Monitoring during 2011 Racing Season submittted on October 24, 2011. - Application to modify current variance for the fence currently under review by the Zoning Board of Appeals. Adjourned until April 2012 with request that painting of fence material be completed as per approval. Summary points of noise analysis was reviewed by Clifford Van Wagner, Chairman. City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 2 of 10 1. Monitoring was completed through on-site visits and continuous noise monitoring equipment. 2. Siro's was largely in compliance with the 70 dBA 3 hour LEQ limit established as a condition of approval by the Planning Board. 3. There were 3 days on which the 70 dBA level was exceeded. The maximum volume was not more thatn 0.7dB over the limit. The report deems this difference above 70 dBA "not discernable by the human ear" 4. The report results suggest that the restaurant's outdoor entertainment operations can continue while meeting the 70 dBA limit. Applicant: Racing Restaurants of America Agents: Bob Sweeney, Attorney at Law; Tom Frost, Project Architect; Toby Porter, Sound Engineer Mr. Sweeney stated Siro's is here this evening to request a 3 year Special Use Permit which is the only change from the last Special Use Permit. The reason we are requesting it is that it makes it very difficult to operate a facility like this on a one year string. It would certainly be to the applicant's advantage to be able to secure parking for a three year contract. However, not knowing the future it is difficult to plan for the future. Mr. Tom Frost, Architect stated the owners would like to make some costly improvements. However, again, the owner is unable to commit with a yearly Special Use Permit. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment or had any questions on this application. None heard. Clifford Van Wagner, Chairman asked if anyone on the Board had any questions or comments. Howard Pinsley questioned if some of the improvements would have helped with the decibel level. Mr. Frost stated he believe that if the improvements in the bar area were made he believes there would have been some sound mitigation. Philip Klein stated in a general sense the neighbors were satisfied with the fact that the decibel level was kept at 70 for the vast majority of the performances which were registered. With that and the fact that you have solved your parking problem in that you are leasing space from NYRA, you have gone a long way and if you continue to do that in my opinion, I would be willing to entertain a multiple permit probably next year. My feeling right now is the fact that you have done if for one year, I would like to see another year under our belt. I would like to continue with the noise amplification monitoring. I think it is too soon to go ahead and take a leap of faith so to speak for a three year commitment at least for me. I do think you are well on your way to get that. There is still time needed to prove exactly how this is going to work out. Clifford Van Wagner, Chairman stated he is in agreement with Phil. The owners at the Horseshoe had a very short renewable Special Use Permit and they came back year after year and the last time they came back every neighbor in the area stood up congratulated and applauded them. The Horseshoe owners went out of their way, any time a concern was brought up by staff, by this Board, or by the neighbors, they attacked it directly, head on. Complaints regarding trash on properties was cleared - every bit of trash the next morning. They complied 100% with the requirement that this Board imposed on them. They received a 6 year Special Use Permit. So, the Board is not adverse to those but those folks earned it. I agree with Phil you have made some progress and I think it would be a City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 3 of 10 little bit of a stretch to go beyond one year. Personally, I would suggest to have a the same sound engineer, have an escrow again capped at half as much. All the work has been done for the study and the implementation of the fence, but I think out of respect to the neighbors who are most affected by this that the applicants escrow up to $5,000 and we do sound monitoring on site again. Unannounced, arbitrary times, dates and different locations throughout the neighborhood. This is something I would be in favor of. There has to be give and take and I believe this Board has moved in a direction and you folks have moved closer to our direction. I believe we need to give it one more year. Tom Lewis, Vice Chairman stated he concurs with Cliff and Phil. He is very supportive and wants the applicant to succeed. Clifford Van Wagner, Chairman stated we do have letters on file from the following individuals; Rose Tait, Sara and Bentley Boivin, Larry King, Kevin and Erica Wolpert and Sarah Webster Goodwin. Some information from the letters indicated that there was a hole in the acoustical fencing, and there was no contact number given. We need to make this more user friendly. Mr. Sweeney stated the contact person will be Michael Stone and he is available at 858-4030. His cell phone number will be provided to staff. Amy Durland stated there were also reports that calls were not returned. It is just not the issue of not being able to find someone to connect with, apparently some calls were not returned. That needs to be addressed as well. As far as the sound level, I am the hold out that there is a possibility that we should consider lowering the sound level. I have always felt that way because since the sound engineer presented his material I was concerned that the level agreed upon might be too high. I reviewed the minutes of past proceedings stating that sound level is highly subjective in a number of ways. I would like to ask if the rest of the Board would be willing to continue to have an escrow account and monitoring. That the monitoring take into account or pay particular attention to several of the neighbors who are indicating that they believe the adjustments that were made while they may provide a benefit to some neighbors do not provide a benefit and may in fact provide a detriment to them. They are Tait, DeCarlo and King. If we can have another year to do that I am hoping that maybe we can also pay particular attention to the monitoring of those sights so that we can get a report that incorporates observations about the experience of those sites in particular. That would be my recommendation. Clifford Van Wagner, Chairman stated that is a great idea. If we move in that direction and the sound engineer is hired we will give him some additional conditions and points that we want him to address. Amy Durland stated let me be clear I am not sure they are saying what the decibel level was at their property line only that in their experience it was too loud and interfered with their lives. I think that has to be addressed. Kate Maynard, Principal Planner stated some information came up at the workshop regarding requesting more information regarding the generator on site, which could contribute to the overall sound levels. Tom Frost, architect stated the generator is necessary for lighting, etc., and there is not much power out to the backyard. He will investigate and speak with the owners and see if it can be rectified, perhaps obtaining more power from National Grid. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Amy Durland stated she wanted to point out that since this is an application for a renewable Special Use Permit that the Standards for Special Use Permit articulate as one of the standards and probably the most relevant one for the purposes of this discussion is the overall compability of the uses of the neighborhood and the positive or negative City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 4 of 10 impact from community character including the character of adjoining properties, districts and uses. I do believe that establishes the authority for us regarding the compatibility with the neighbors. Clifford Van Wagner, Chairman stated what we had discussed is a one year Special Use Permit for the outdoor entertainment. The requirements are the same as last year. Decibel level at this time not to exceed 70. That the applicants escrow $5,000 for the City to hire the same sound engineer to continue to monitor the sound output from the site paying particular attention to the contiguous properties on Nelson Avenue. Expand the scope and general boundaries for attenuation. The outdoor entertainment will be limited to 6 days in addition to the days of the thoroughbred meet. The hours of operation shall be limited to Sunday and Monday 4PM-9PM; Wednesday and Thursday be 4PM-9PM; Friday and Saturday 4PM-9PM. Monday of sales week 4PM-9PM. Two Tuesdays for charity events, 4PM – 9PM. Two Friday twilight night racing nights 4-11PM. The day before Opening Day and Travers Day 4PM-11PM. Final Saturday 4PM-9PM. Tom Lewis, Vice Chairman made a motion to grant Siro's a one year Special Use Permit for outdoor entertainment with the conditions placed on the applicant by the Board last year including the hours of operation, days of operation, the limit of 70 decibels, $5,000 escrow account by Siro's so the City can hire an engineer to continue to monitor the sound from the site. Seconded by Philip Klein. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. None heard. VOTE: Tom Lewis, Vice Chairman; Amy Durland, in favor; Philip Klein, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0 2. 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 Yasenchek, Engineering America SEQRA: Action appears to be an unlisted action elevated to a Type I action due to being within a National Register of Historic Places District (West Side Neighborhood National Registry District) Long EAF provided as required. Clifford Van Wagner, Chairman stated the project was last seen by Planning Board at its January 25, 2012 meeting. The Board considered potential impacts and requested the applicant to respond specifically to the potential impacts of pedestrian safety, driveway locations, compatibility within the neighborhood for the new structure and configuration of the lot. Tonya Yasenchak, agent for the applicant is here to address some of the questions the Board had since the last meeting. The main discussion was the traffic at the intersection, and the location of the driveway to the intersection at Grand and Birch. City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 5 of 10 A visual presentation was given to the Board by Tonya Yasenchak. The applicant has been in contact with Mark Benaquista the City Traffic Engineer and a stop sign has been proposed to replace the existing yield at Grand and Birch Street. Compatibility with the surrounding UR-2 neighborhood with a shallow build to. Existing home on lots fits within general neighborhood characteristics. Currently side yard areas on both sides with mature vegetation. Home is within the National Historic Registry District. Clifford Van Wagner, Chairman asked if there was anyone in the audience who wished to comment on this application. Paul Balignino, Owner of Roma Imports. I have been the owner for over 9 years. I am in favor of the new construction. I have no concerns regarding this project. Amy Durland stated in reviewing the subdivision regulations I came across the section on site distance for driveway locations. It indicates based on the allowable speed there are required site distances for 30 miles per hour. The required site distance is 150 ft. Am I misunderstanding something or if this has relevance to this situation and if it does could we get some perspective on that whether we have the ability to waive it if we go in that direction. Tonya Yasenchak stated the way we are looking at this is it is very difficult for someone to be going around that yield sign at 30 MPH. The possibility of someone going 30 MPH on that road because it is such a short road and there is a yield sign and there is a four way traffic stop right beyond that it would be very difficult to do. Clifford Van Wagner, Chairman stated he also reviewed the subdivision regulations and there are a few items to key in on. The purpose and policy of the subdivision regulations of the City are to protect the character of all parts of the City of Saratoga Springs and to encourage orderly and beneficial development of the community. Also to establish reasonable designs and procedures for subdivisions and resubdivisions in order to further the orderly layout of use and land. I am just not comfortable that this is in conformance with that. Reasonable design and orderly layout this is not a standard property line. A house that is 16 feet wide is not complementary to the houses that are in the Westside Neighborhood National Registry District. These statements are right in the subdivision regulations it is not something I am making up. I don't think that this is a reasonable design standard. Tonya Yasenchak stated the home across the street is also small. Other lots in the area are not consistent with what is being asked of this property. Mr. Thornton gave an overview of the project, and the willingness to remove their back deck and hot tub area. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. Amy Durland stated she is not completely convinced that this could not work. Subdivision regulations are about the orderly layout of the lot. It may not pertain to some of the other properties you were talking about. I am assuming that these are older properties where the lot lines probably were established a long time ago and something we cannot immediately reconstruct. Whereas we are creating this one ourselves. That is the difference. There are still some ifs about this project in my mind. I'm okay with the size of the home and how it looks comparable to some of the other homes in the area. The jogging of the lot line does bother me. I am wondering if there is any ability to modify that even a little bit to straighten that out a little. The other issue is the 150 ft sight distance that is a requirement in our subdivision regulations and I am not sure if we can waive that. If those areas are addressed I would not be adverse to this application. Discussion ensued regarding the size of the home, the lot configuration and the other homes in the area. City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 6 of 10 Clifford Van Wagner, Chairman stated there are different perspectives. Other homes in the area are pre-existing non conforming. This is now, this is new. Amy Durland stated part of your challenge is that there are lot of different opinions which have been expressed on the Board and I can imagine that is a difficult task that you have to try to bring it all together and get approval so let me repeat. I do think what Cliff said about the configuration of the lot has merit given our standards. I would hope that you might be able to come up with a lot that is a little more regular in shape just for purposes of future owners and future plans. Size of the house does not concern me. I do think it should front on Grand. I am concerned about the requirement in the subdivision regulations that speaks about the 150 ft sight distance. Clifford Van Wagner, Chairman stated the sidewalk has now been included on plans with a four foot tree belt, however, location as proposed is within the public right of way as well as on private property and an easement is required for the public to utilize the sidewalk. That is a consideration. Another consideration is the City Engineer was unable to locate the water line. Our understanding is that it is a cross lot water line. Tonya Yasenchak stated she did receive this information. These drawings are not fully engineered drawings. All of the items listed will be taken into consideration and placed on the drawings, so that we do not have cross lot utilities. Clifford Van Wagner, Chairman, stated it appears we are not going to take any action on this tonight. If you would like to return to the Board with more drawings you are certainly welcome to do that. Communication from the Saratoga Preservation Foundation stated that in general their recommendation would be to have the house frontage on Grand Avenue. Also the conceptual layout regarding the side view of the home was questioned. Clifford Van Wagner, Chairman stated no action will be taken this evening. We will not review SEQRA this evening. We will table this application and await being contacted by the applicant. Board recessed at 8:30 P.M. Board reconvened at 8:35 P.M. 3. 03.088.4 LEXINGTON CLUB, 52 MARION AVENUE, sketch plan for review of mixed use building in the Transect-5 District. Applicant: Andre Schmid Agent: Dave Carr, LA Group, Norm Ward, LA Group SEQRA: No SEQRA action is required with sketch plan. Clifford Van Wagner, Chairman reviewed background information. Special Use Permit approved by the Planning Board on 07/09/03. Site Plan approved by the Planning Board on 10/15/03. Architectural Review 10/21/04, extended on 06/01/06. Construction halted in 2007. All approvals preserved as start of actual construction occurred. Letter of Credit in place for $444,756, extended by Planning Board until June 30, 2012. Planning Board required additional securing and screening of site in December 2010. The applicant last appeared before the Planning Board for sketch on plan review on 11/22/11. The Board requested additional information on several items. Dave Carr, LA Group provided a visual presentation for the Board. City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 7 of 10 Current plan provides for 154 apartment units, 5,000 square foot of commercial space and 7,500 square foot of retail/bank/office. Inter-connection of uses on-site still not apparent. First floor retail includes sales, service restaurant or office use with walk in clientele, encouraged for Excelsior Avenue from Warren to Marion. 2,500 square foot commercial space now provided on first floor, 2,500 square foot second floor. This could provide for neighborhood services and amenities for residents on site, living within the vicinity and those visiting the Spring Run trail. Maximum of one curb cut per block face recommended within T-5. Grade change noted as a challenge, but there is an opportunity to connect through. Confirmation access proposed for Excelsior Avenue will also serve any future development on adjacent parcel (under the same ownership). This project will take place in 3 phases and does require DRC approval. Amy Durland stated she would like to see commercial space all along the frontage on Excelsior Avenue. That is more consistent with the zone. Amy Durland questioned Kate Maynard to clarify to what extent are we held to the original design which received approval. Kate Maynard, Principal Planner, City of Saratoga Springs stated this project could begin and move forward tomorrow. However, this is technically a new application in which they are looking to modify what their special use permit and site plan approvals were specifically granted for. Amy Durland stated another concern she has is access. Andre Schmid, applicant and property owner stated the property adjacent is on Excelsior and is a different property ownership group. He is the only common element between the two. Amy Durland stated access is a significant element in the transect zones, the T-5 in particular. Excelsior Avenue is specifically identified as encouraging first floor retail. Also pedestrian accessibility. Discussion ensued regarding access, civic spaces, pedestrian accessibility, curb cuts, grade changes and parking. Clifford Van Wagner, Chairman stated the Board needs to give you some direction. The points that Amy brings up are site plan issues. If more retail can be introduced that would be fine. Dave Carr stated we are going to look into access and connecting these two properties somehow. Clifford Van Wagner, Chairman stated until this site plan is approved you cannot effectively market that corner for the 7500 square foot of retail space. We have discussed this to see if we can increase the retail exposure on Excelsior. We spoke about the potential access on the west property line to that overflow parking area, possibly a shared driveway. Amy Durland stated with the parking garage fronting on Excelsior and again in the Transect zone there would be an obvious preference to stay true residential frontage on the street. Those are my concerns. Clifford Van Wagner, Chairman stated this does require DRC approval. 4. 12.006 246 WEST AVENUE CONDOS, 246 West Avenue, site plan for residential building in the Transect-4 Urban Neighborhood District. SEQRA: City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 8 of 10 SEQRA negative declatation issued on May 22, 2008 for residential units. Reaffirmation of SEQRA negative declaration on December 7, 2011. Planning Board approved special use permit for 16 residential units on December 7, 2011. Clifford Van Wagner, Chairman stated comments that this Board had earlier was water and sanitary lines, parking configuration, civic space, landscaping is important because it impacts property owners, including the hotel, the YMCA and the parcel to the rear of the subject property. Applicant: Mike Dickinson Agent: Mike Brobston, LA Group, J. Hopeck, Pike Company, and JT Pollard, Reform Architecture A visual presentation was provided to the Board by Matt Brobston. The site is .5 acres. Pines are along the property line to the side of this property. The existing trail does go through this property. This project provides 14 units in the main building and a 2 unit condo, 24 parking spaces and porous pavement. Handicapped parking space provided. Signage will be interpretative signage. Bike rack and civic space. Modified traffic pattern per the suggestions of the Board along with an interior parking layout. Trash collection will be within the building. Concrete pavers in the civic area. Trees 4" caliper or larger to match what exists on the other side of the property. Screening with trees in the rear of the property line. We will be respectful of all the neighboring properties. DRC approval for Mass and Scale on the large building so building permit applications can move forward. Applicant will appear before the DRC on March 7, 2012 for approval on the Carriage House. Clifford Van Wagner, Chairman asked if anyone in the audience would like to comment on this application. None heard. Clifford Van Wagner, Chairman stated this project has been reviewed many times, and is very respectful of all neighbors. Streetlights will be provided per requirement. We are happy with the use of porous pavement. You have obviously spoken to the YMCA and there are no issues. Matt Brobston, LA Group stated they are in negotiations with the YMCA to secure the landscaping and grading easement along the property line, which will be reflected in the final plans. Clifford Van Wagner, Chariman stated Tim Wales, City Engineer has some minor issues and those obviously will be resolved before the plans are signed. Possession of the property is contingent on Board approvals. Matt Brobston, LA Group stated it will be 2-4 weeks before all approvals and plans are submitted. Letter of credit will be posted at that time and an application will be made for the demolition of the house which currently exists on the property. Kate Maynard, Principal Planner questioned if there was any more thought given to interpretive signage as proposed previously. Discussion prior was to have signage highlighting the historical aspects of area, or related to multi-use path, potentially a map illustrating the overall Spring Run trail and connections. Matt Brobston, LA Group stated the applicant will work with Planning Staff, the City Historian,YMCA and the Preservation Foundation to find suitable signage that meets everyones approval. Mariesa Coppola made a motion to approve the site plan for 246 West Avenue as shown on the submitted plans with the considerations of consulting with neighbors regarding buffering to the rear of the property, moving the buffer on City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 9 of 10 the north side to the appropriate property, existing structure on site to be demolished once applicant assumes ownership, and interpretive signage to be provided along West Avenue gathering area. Recreational fees will be assessed. Seconded by Howard Pinsley. VOTE: Tom Lewis, Vice Chairman, in favor; Amy Durland, in favor; Philip Klein, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0. APPROVAL OF MINUTES: Approval of minutes was deferred to the next meeting. MOTION TO ADJOURN: There being no further business, Clifford Van Wagner, Chairman adjourned the meeting at 10:05 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 3/28/12 City of Saratoga Springs Planning Board Minutes – February 22, 2012 - Page 10 of 10