Planning Board
Regular MeetingSaratoga Springs, NY · April 11, 2012
Minutes
PLANNING BOARD
MINUTES
WEDNESDAY, APRIL 11, 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
CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:04 P.M.
SALUTE TO THE FLAG
ANNOUNCEMENT OF RECORDING OF PROCEEDING
Clifford Van Wagner, Chairman stated the proceedings of this meeting are being taped for the benefit of the
secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word
transcript of the recording.
ANNOUNCEMENT OF ADJOURNED PROJECTS:
ADJOURNED AT APPLICANT'S REQUEST:
11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing for 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.
COMMENTS FROM THE CHAIR
REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR
LOT LINE ADJUSTMENT:
11.012.2 SEWARD STREET APARTMENTS – Proposed lot line adjustment of 30 ft. "strip" of adjacent
property to subject parcel in accordance with plans as approved by the Planning Board for 57
multi-family residential units.
ACTION: Approved by Chair.
UPCOMING PLANNING BOARD MEETING/AGENDA WORKSHOPS:
Planning Board Caravan, will be held on Monday, April 23, 2012 at 4:30 P.M.
Planning Board Workshop will be held on Monday, April 23, 2012 at 5:30 P.M.
Planning Board/Zoning Board Joint Meeting will be held on Monday, April 23, 2012 at 6:00 P.M.
Planning Board Meeting will be held on Wednesday, April 25, 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.
None heard.
LETTER OF CREDIT
09.040.3 MARKET CENTER, 55 Railroad Place, extension of letter of credit.
Market Center was approved on 11/10/2009. Current letter of credit expires on April 30, 2012. Current request is to
retain the same approved amount of $146,800 until June 30, 2013.
SEQRA:
No action required with LOC extension.
Applicant: Saratoga Market Center, LLC, Sonny Bonacio.
Agent: Keith Ferrara.
Mr. Ferrara stated that project site work is only partially completed and is the reason for the extension request.
He is aware that he is allowed an 18 month extension but at this time is requesting an extension until
June 30, 2013.
Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
Dan Gaba made a motion in the matter of the application of Market Center, 55 Railroad Place that a letter of credit
extension be granted until June 30, 2013 in the amount of $146,800.
Seconded by Philip Klein.
VOTE:
Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor;
Mariesa Coppola, in favor; Tom L Lewis, Vice Chairman, in favor;
Clifford Van Wagner, Chairman, in favor
MOTION PASSES: 7-0
APPLICATIONS:
City of Saratoga Springs Planning Board Minutes – April 11, 2012 - Page 2 of 6
1. 12.010 EAST BROADWAY SUBDIVISION, 5 East Broadway, public hearing for a four lot
subdivision in the Urban Residential-2 District.
There is a house currently on the site, proposed to be demolished. Code Enforcement states structure is
uninhabitable.
Applicant: Floral Estates, LLC, Peter Belmonte
Agent: Gavin Vuillame, Environmental Design
Mr. Vuillame stated that originally this project proposed 3 lots on approximately 3 acres of land. It met all of the
requirements of the area except the minimum lot width. Several discussions were held regarding the possibility of a
variance for the lot width. That application was withdrawn and the applicant proceeded to look into other options. An
additional ½ an acre of land was acquired. The new project is now a four lot subdivision. A visual presentation was
provided to the Board by Mr. Vuillame. Standard details will be provided such as curbing, streetlights, street trees.
Also, as much vegetation as can will be saved including most of the large trees within the setback area. Stormwater
management, water and sewer connections issues were discussed. Opportunity to potentially tie in with drywells on
south side of East Broadway associated with construction of McKenzie's Way.
Amy Durland questioned the trees in the back of the property, the setback area there are some support for retaining
those trees in the subdivision regulations. Unless of course they are diseased. The fact of their maturity does not
strike me as a reason for removal. In fact, it might be a reason to retain them.
Clifford Van Wagner, Chairman stated he feels the white pines should be removed. When they become oversized
and the size these are, you trim the lower branches and when the wind comes snaps them off. Mr. Belmonte is very
aware of those out at Meadowbrook.
Mr. Belmonte stated it is their practice to retain as much vegetation on the site as possible. In fact they look for home
sites with established vegetation and it would not be their desire to remove anything that is not proper to remove.
Discussion ensued regarding the type of trees which will be placed on the property.
PUBLIC HEARING:
Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
Clifford Van Wagner, Chairman stated what we are hearing is that street trees are included. The conversation which
was held with staff following the workshop with the City Engineer and Kate and staff determined that curbs were
something which are necessary particularly in light of the fact that the water does sheet from north to south.
Sidewalks on the north side. Four single family homes with four driveways. Demolition prior to the plans being
signed by the Chair and the a total of three street lights will be placed on the property.
Discussion ensued regarding the placement of street lights.
Kate Maynard, Principal Planner stated she would just like to note one additional item in terms of the on site
recreation. There are no means being provided by the applicant in terms of recreation on-site. Therefore, recreation
fees will be assessed at $1,500 per unit.
City of Saratoga Springs Planning Board Minutes – April 11, 2012 - Page 3 of 6
Mr. Belmonte stated that would be two new units since we are merging two home sites to get four. Each one
contained a residence at one time.
SEQRA
The Board reviewed SEQRA Part I and II of the short form. No large or important areas of concern were noted.
Howard Pinsley stated that based upon the information provided by the applicant in Part I of the SEQR Short
Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR
Short 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.
VOTE:
Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor;
Mariesa Coppola, in favor; Tom L Lewis, Vice Chairman, in favor;
Clifford Van Wagner, Chairman, in favor
MOTION PASSES: 7-0
Clifford Van Wagner, Chairman stated we now need a motion for a four-lot subdivision. All details have been
discussed. The City Engineer has stated his opinion on the curbing. This will be four single family homes with
four driveways with demolition to be done via permit prior to final subdivision plans being signed by the Chair.
If red maple trees are not used in this project, the City Planner will assist in choosing alternate trees from the City's
suggested listing.
Clifford Van Wagner, Chairman asked if there was any further discussion.
None heard.
Tom L Lewis, Vice Chairman made a motion to approve the four lot subdivision in the Urban Residential-2 District.
Seconded by Howard Pinsley.
VOTE:
Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor;
Mariesa Coppola, in favor; Tom L Lewis, Vice Chairman, in favor;
Clifford Van Wagner, Chairman, in favor
MOTION PASSES: 7-0
2. 12.011 124 JEFFERSON STREET, Proposed Zoning Map Amendment from UR-2 to UR-4A,
request for advisory opinion from City Council.
Proposed map amendment requested from existing UR-2 to UR-4A. Council requested an advisory opinion from the
Planning Board at its' April 3, 2012 meeting.
City of Saratoga Springs Planning Board Minutes – April 11, 2012 - Page 4 of 6
Clifford Van Wagner, Chairman stated what we have is a parcel which was approved in 2005. The applicant returned
at a later time and asked to get a density bonus to put in senior housing on this site. It was approved and rather than
having the ability to build two units the applicant received approval to build six. What we are hearing now is that the
applicant cannot sell these parcels and they have gone to the Zoning Board to take away the senior housing
component and be able to sell these. What this will be is a non binding advisory opinion from this Board to the City
Council answering their question which is an advisory opinion to change this from a UR-2 to UR-4A. Mr. Klein was
intuitive enough to remind us that in a recent application although we were not required to notify the neighbors, we
hadn't, we didn’t, and we had to deal with and it took a while. We are going to be pro-active and again do some
customer service here and do this the right way.
SEQRA:
SEQRA action not required with an advisory opinion.
Applicant: CDJT Development, Dave Jelenik and Charlie Touhey.
Agent: Elizabeth Todd, Roohan Realty.
Mr. Touhey gave a brief background of this project and the unsuccessful attempts at selling the properties as
senior housing. This is currently zoned UR-2 requesting a change to UR-4A.
Ms. Todd gave a brief synopsis of her attempts at marketing these properties.
Dan Gaba requested information regarding when the project was started and in what physical condition those
properties are currently in, and when the work stopped.
Mr. Touhey stated that he will provide the Board with the information requested. He also stated that his penalty or
my density bonus that I am proposing is $20,000 per condo back to the City.
Clifford Van Wagner, Chairman stated that to be clear no one from the City has assessed this fee. This is a number
you are coming up with yourself.
Mr. Touhey stated this is his pain level, this is something I am doing for coming to you to ask you to do something
that is totally out of the norm. This is totally unusual and extraordinary.
Clifford Van Wagner, Chairman stated Kate was very insistent that this Board look at the consistency or
inconsistency with the Comprehensive Plan, and accordance with the Zoning Ordinance and focus on that. We are
not focusing on the public benefit that was offered by the density bonus of going from two units to six units. This
Board cannot look at hardship. We will not take any action on this application tonight. We will hear from the
neighbors. Kate has reached out to the applicant and asked them to notify residents who are within 250 feet of this
project on all sides. Once that is done and this will return on our agenda in two weeks and then we will try to take
some action on this if we feel we have enough information. We will leave the public hearing open.
APPROVAL OF MINUTES:
Tom L. Lewis, Vice Chairman made a motion to approve the minutes of the March 14, 2012 meeting with corrections
and additions.
Seconded by Howard Pinsley.
City of Saratoga Springs Planning Board Minutes – April 11, 2012 - Page 5 of 6
VOTE:
Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor;
Mariesa Coppola, in favor; Tom L Lewis, Vice Chairman, in favor;
Clifford Van Wagner, Chairman, in favor
MOTION PASSES: 7-0
Dan Gaba made a motion to accept the minutes of the March 28, 2012 meeting with corrections and additions as
submitted.
Seconded by Amy Durland.
VOTE:
Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor;
Mariesa Coppola, in favor; Tom L Lewis, Vice Chairman, in favor;
Clifford Van Wagner, Chairman, in favor
MOTION PASSES: 7-0
DISCUSSION OF DRAFT COMPLETE STREETS POLICY
Kate Maynard, Principal Planner reviewed the intent of the currently proposed policy and its implementation.
MOTION TO ADJOURN:
There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 8:38 P. M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
Approved: 4/25/12
City of Saratoga Springs Planning Board Minutes – April 11, 2012 - Page 6 of 6
Agenda
CITY OF SARATOGA SPRINGS CLIFFORD VAN WAGNER, Chair
TOM L. LEWIS, vice chair
AMY DURLAND
P LANNING B OARD PHILIP W. KLEIN
DAN GABA
City Hall - 474 Broadway HOWARD PINSLEY
Saratoga Springs, New York 12866 MARIESA COPPOLA
Tel: 518-587-3550 fax: 518-580-9480
www.saratoga-springs.org
Planning Board Meeting – April 11, 2012
City Council Room – 7:00 PM
Agenda
Workshop: Monday April 9, 2012 at 5pm in the City Council Room
Salute to Flag
A. Letter of credit
09.040.3 Market Center, 55 Railroad Place, extension of letter of credit.
Applications under Consideration:
1. 12.010 East Broadway Subdivision, 5 East Broadway, public hearing for a four lot subdivision in the
Urban Residential-2 District.
2. 12.011 124 Jefferson Street, Proposed Zoning Map Amendment from UR-2, to UR-4A, request for
advisory opinion from City Council.
Discussion:
Draft Complete Streets Policy
B. Approval of Minutes: March 14, March 28
Next meeting: April 23, 6:00pm, Joint Meeting with ZBA; April 25, 2012 (w/ April 23 caravan & workshop)
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the Planning Office at 587-3550 extension 2533 or the
City of Saratoga Springs Website at www.saratoga-springs.org
Revised 4/11/2012 4:53 PM
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