Planning Board

PLANNING BOARD MINUTES TUESDAY, SEPTEMBER 25, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Amy Durland; Philip Klein; Dan Gaba; Howard Pinsley; Mariesa Coppola; Tom L Lewis, Vice Chairman arrived at 9:24 P.M. STAFF: Bradley Birge, Administrator, Planning and Economic Development CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:00 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. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD TRAINING: Thursday, October 4, 2012 8 am -3:15 pm; "Local Government Planning & Zoning Workshop", presented by CDRPC and Saratoga County Planning Department; Bulmer Telecommunications Center, HVCC, Troy UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday October 8, 2012 at 4:00 P.M. Planning Board Workshop, Monday, October 8, 2012 at 5:00 P.M. Planning Board Meeting, Wednesday, October 10, 2012 at 7:00 P.M. ADMINISTRATIVE ACTION: Clifford Van Wagner, Chairman stated Planning Board Application #06.002.2 Five Points: Proposed Administrative Action to existing Special Use Permit allowing 320 square feet of office space per Special Use Permit to Increase by 47 square feet for storage space. CHAIR ACTION: Approved. PRIVILEGE OF THE FLOOR Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. LETTERS OF CREDIT: 1. 05.028.4 MOUZON HOUSE, 1 York Street. Site Plan was approved in 2005. $15,400 Letter of Credit remains at 25% of project cost, with construction condition of approval. Letter of Credit will expire on September 31, 2012. An extension is required to maintain City security. Applicant requesting consideration of not putting sidewalk in along frontage of Mouzon House building required as condition of site plan approval. The applicant has been advised that this is beyond scope of Letter of Credit discussion and will require an application for Site Plan modification. Given the length of time this has been extended without completion, the City Engineer recommends a 2 month extension to complete work and, if not completed, call in Letter of Credit. SEQRA: No additional SEQRA review required. Applicant: Dave Pedinotti Mr. Pedinotti wishes to keep the property as it currently is, with no sidewalks due to the gardens which are so beautiful. He has just this date filed an application for a modification of an approved site plan. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. None heard. Dan Gaba made a motion in the matter of the application of the Mouzon House, letter of credit extension for approximately 9 months, expiring June 30, 2013. Howard Pinsley seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 2 of 11  Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0 2. 09.040.4 MARKET CENTER AT RAILROAD PLACE, 19 Railroad Place Site Plan was approved in 2010. Existing Letter of Credit is $146,800. Applicant is seeking reduction of Letter of Credit to 25% of original amount $36, 700. City Engineer has reviewed scope of approved work and work completed to date and has no objection to requested reduced amount. SEQRA: No additional SEQRA review required. Applicant: Bonacio Construction. Agent: Keith Ferraro; Tony Bonacio Tony Bonacio stated additional items are being added on to the as built plans. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. None heard. 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 Market Center at Railroad Place Letter of Credit application be approved until June 30, 2013, in the amount of $36,700. Howard Pinsley seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0 3. 00.01.4 HERITAGE MANOR, BUFF ROAD Site Plan approved in 2001; existing Letter of Credit is $117,900. DISCLOSURE: City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 3 of 11 Philip Klein disclosed that he is a neighbor. He does not have any fiduciary interests in this application, therefore there will be no need for recusal. SEQRA: No additional SEQRA review is required. Applicant: Thomas Farone. Agent: Jason Tommell The applicant is seeking a 6 month extension of the existing Letter of Credit in the amount of $117,900. Outstanding construction items include installation of various road work and alternate street parking signs. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Philip Klein made a motion in the matter of Heritage Manor, Buff Road, Letter of Credit application be approved until March 31, 2013, in the amount of $117,900. Dan Gaba seconded the motion. VOTE: Philip Klein, in favor; Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0 APPLICATIONS UNDER CONSIDERATION: 1. 12.029 120 DIVISION STREET, 120 Division Street, sketch plan for 18 two-family residences and commercial space in the Division Street Planned Unit Development District. DISCLOSURE: Clifford Van Wagner, Chairman stated that Vice Chairman Tom L. Lewis, stated at the Planning Board workshop that he will be recusing himself from this project entirely since he may have an interest in purchasing one of these units. Applicant: Peter Belmonte, Steve Ethier Agent: Brett Steenburgh SEQRA: SEQRA action is not required with sketch plan review. City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 4 of 11 Location of the site is highly visible. Adjacent to Franklin Square and the National Historic District Registry District; Allerdice, Dehn's commercial uses and surrounded by predominately residential area. This is located within 2 blocks of the City recreation fields and Division Street Elementary School. Adjacent zoning districts include U-2; UR-3; UR- 4, T-5 and T6 nearby. The Site is within the Division Street PUD – an expansive PUD that includes Allerdice, Dehn's Flowers, Recreation fields, and Division Street Elementary School. The PUD is generally for commercial/industrial uses and transitional housing. Interpretation by standing Zoning Officer made the project is consistent with the PUD with the inclusion of commercial space within the site plan. Under provisions of the PUD specifically, and PUD section of the Code, to be reviewed by Planning Board for site plan approval. A site plan consisting of mixed use retail office and 96 residential units was approved by the Planning Board on December 8, 2010. Site plan approval expired on December 8, 2011. Applicant: Peter Belmonte, Steve Ethier; EB Alliance Agent: Brett Steenburgh Mr. Steenburgh stated the majority of the Board saw this presentation two weeks ago. They have returned before the Board to make a second presentation/second sketch plan review to give them the ability to make comments and suggestions concerning this project. Brett Steenburgh gave a visual presentation to the Board. He stated the proposed site is located along Division Street boarded by Cherry Street, and Walworth, the location of the former Ellsworth Ice Cream. Originally 96 units were approved. The applicant is now looking to develop 34 residential units, with two car garages, the addition of street trees and street lights, and the proposed widening of Walworth. Green belt along the sides. There will be 2,000 square feet of commercial space. The floor plans were reconfigured and floor plans were opened up with more windows and light. Mr. Belmonte stated this is a good area to introduce commercial into the site. Potentially the comments from the Planner and the Board have us considering this an interesting boutique commercial area. We would like to maintain the flexibility. Amy Durland stated in general there are legitimate comparisons to the old project and in some ways it is not useful to make the comparison. The previous project was an urban project that was similar to a transect zone in density and design and the fact that it had much more a mix of residential and commercial. This application is more suburban in character. There are a lot of front facing garages facing Cherry Street and she would prefer to see another type of layout with the houses facing the street. Mr. Belmonte stated to the Board the difficulty keeping the majority of the trees on the site. The challenge we have is to cover the ground with foundation. This site where the trees are at a higher elevation than the rest of the site. We will try to identify and keep the trees that we can. The logistics in saving a lot of trees is a challenge that we may fall short of. Clifford Van Wagner, Chairman stated there will be some conversation by the Board with the DRC to weigh in on the design of this, it is not required, and we may ask their input. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Casey Holzworth, 49 Park Street. Member of Sustainable Saratoga Urban Forestry Project. Several of us did meet on site with Mr. Belmonte to look at the trees on the site. Two specific trees are of value. One of them is the largest white oak in the City and is listed as a very healthy tree. I would like to comment on the green space in the project. The green space although more than the previous project, homeowners lawns is not really what I was thinking about. The preferred green space is where it currently exists, where the current trees exist. Inclusion of a pocket park in the City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 5 of 11 northeast corner would have an already established presence with the large mature trees. I am concerned regarding the widening of Division Street. It seems the tree planting strip is removed and replaced with parallel parking spaces. Widening of the street will increase the rate of speed of vehicular traffic. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. Amy Durland asked about the possibility of combining more than one housing type in the project. Peter Belmonte stated the units vary in style and floor plans. They will all be single family fee simple type structures. Amy Durland asked about the creation of more common space, and the possible consideration of Town Houses as a portion of the project. Peter Belmonte stated we have looked at attaching buildings to longer runs of buildings. We will have windows on the front wall only. There will be a limited amount of light. If we start attaching the buildings we lose the ability to provide natural light to the buildings. Amy Durland stated she is in agreement with opening the project onto Walworth Street so that the roadway provides a complete connection. Philip Klein introduced a suggestion to reconfigure the four internal units so their garages would face the stub street, moving their front door so they would have green space in front of their homes. Mr. Belmonte stated that is an interesting thought. We will look at that. Clifford Van Wagner, Chairman stated this is an interesting project. I believe you are moving in the right direction. You are bringing some of the features of homes outside the city into a home in the city, a block from Broadway in downtown Saratoga. Discussion ensued regarding internal parking, detached freestanding parking buildings of garages to allow frontage on Cherry Street. Bradley Birge, Administrator, of Planning and Economic Development stated what we hope for in looking at this is a reconstruction of a traditional urban neighborhood. It is reincorporating single family homes into what was formerly one large block. In doing so, what we really try to achieve is a very strong presence on the front door fronting on the main street or primary street. Porches or significant entrances are important so the doorway is not hidden. The idea of incorporating internal circulation using a one way alley makes sense for traffic flow. You have strong fronts on Walworth. Cherry Street becomes difficult. What you have are two traditional houses fronting onto each other and that naturally does not happen. Peter Belmonte stated the ideas are great, we will explore it more. Clifford Van Wagner, Chairman stated perhaps at the next sketch plan review we would like to see some overlays the old fashioned way. Come back for another sketch plan and show some variations of what we have discussed. The project is moving along, it is a very interesting project. 2. 11.039 MOSELEY SILVICULTURE PROJECT, Meadowbrook Road, soil and sediment control plan in the Rural Residential-1 District. Stables are allowed as an accessory use in the RR-1 district if utilized for residential use, not commercial. Determination was made by the Zoning Officer that the application meets the definition of stable as a residential accessory use; special use permit required for commercial application. City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 6 of 11 Applicant: Clarence and Patricia Moseley Agent: Jon Lapper, Bartlett Pontiff, Stewart and Rhodes; Jason Tommell, Mike Brooks, Tommell & Associates SEQRA: Action appears to be unlisted. This project was last seen by the Planning Board at its June 11, 2012 workshop. A number of items were requested from the applicant, a clearer extent of proposed action, why the clearing was proposed within the wetland area, information regarding second principal structure noted on the subject parcel. The proposed action has been revised to include 4.9 acres of clear cutting for pasture land. Selective clearing in wetland area on eastern portion of site no longer proposed. Jason Tommell gave a visual presentation of the project to the Board. Boundary survey has been completed. Existing structures have been located. There are two homes currently on the property. We have taken record information and topography and incorporated that into the map. We have redesigned the silviculture project based on that information. Mr. Tommell stated the basic premise is to manage the health of the forest and increase the habitat of the property. The entire area to clear-cut is 4.92 acres. This is for a meadow for the horses to graze in. We are creating an open area. Review of different areas on the property as well as what will occur in each area. There will be a selective thinning of the forest to remove trees which are diseased, and danger trees and increasing the health of the remainder of the trees as well as a clear cut area with the removal of timber and stumps for a pasture area. The stumps will be dumped on the eastern side of the property grade and gently sloped so there is no high erosion. A SWPPP is required. Erosion sediment control plan is required. Weekly inspections will be performed the same as any construction site. A tree protection fence will be installed around each buffer. Property will be staked prior to construction. The site will improve the health of the forest, and create a meadow for the horses to graze. Discussion ensued regarding a maintenance plan for the area, wetland area location and the stump dump location, skid trails, and timber harvesting. Clifford Van Wagner, Chairman stated does anyone in the audience wish to speak concerning this application. Peter Belmonte since I am a neighboring property owner. asked if this will be limited to two horses, and not for commercial use. Mr. Lapper stated only two horses, and not for commercial use. This will be conditioned in the motion. Clifford Van Wagner, Chairman stated this is not for commercial use, this is a piece of property the owners have had for some time, it for their horses and they are going to live there. It is their back yard. They have a significant investment in this property. Jon Lapper stated they spoke with the City Engineer regarding a Letter of Credit for soil disturbance which is in the City code, $1,000 per acre up to five acres. Amy Durland stated she still has some concerns regarding the wetlands. Mr. Lapper stated it is just stumps buried underground with dirt. No pollutants. SEQRA: City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 7 of 11 Clifford Van Wagner, Chairman reviewed Part II of the SEQR Full Environmental Assessment Form. 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. Mariessa Coppola seconded the motion. Clifford Van Wagner, Chairman, asked if there was any further discussion. Amy Durland stated she will not be support this motion because there are still too many questions which remain unanswered. VOTE: Philip Klein, in favor; Amy Durland, opposed; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-1 Clifford Van Wagner, Chairman stated we now have in front of us an application to approve the Soil and Sediment Control Plan which has been offered with one caveat that the City be involved in the pre-disturbance meeting and plans so that the City staff can see what is there now and it is impacted and so that they can be involved in future inspections. Also a Letter of Credit be established minimally $5,000 - $1,000 per acre or a different number provided by the City Engineer. This is for the private use of the owners of the property and will not have a commercial component. Philip Klein made a motion. Howard Pinsley seconded the motion. Clifford Van Wagner, Chairman asked if there were any further questions. None heard. VOTE: Philip Klein, in favor; Amy Durland, opposed; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-1 9:17 P.M. Board recessed. 9:24 P.M. Board reconvened. 9:24 P.M. Tom L Lewis, Vice Chairman arrived. 3. 12.023.1 CONGRESS PLAZA REDEVELOPMENT, 46 Congress Street, sketch site plan for mixed use development in the Transect-6 and Urban Residential-5 Districts. City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 8 of 11 DISCLOSURE: Clifford Van Wagner, Chairman disclosed that he is a pharmacist. He has no financial interest in this project merely a disclosure. Applicant: DCG Development – Donald Green Agent: Matthew Hurff, Frost Hurff Architects. SEQRA: No SEQRA action required with sketch plan review. Sketch plan was last seen by Planning Board at July 11, 2012 meeting. Prior sketch plan proposed back in March 2010 that provided an overall redevelopment concept for the Plaza, Planning Board had specific comments and requests for additional information. Phase I of the plaza redevelopment of primarily the Congress Street frontage. T-6 standards it is the Urban Core in the densest business, cultural and entertainment concentration of the City of Saratoga Springs and the surrounding region. The purpose of this district is to appropriately regulate design and creation of a consistently high quality pedestrian oriented public realm in character with the historic forms, materials and colors of Downtown Saratoga Springs without unduly restricting re-use of historic structures or architectural diversity. Matthew Hurff gave a visual presentation of the project to the Board. This is the existing site of the old Grand Union. Main entry is moved to the west. The Hotel is proposed with approximately 140 rooms 6 stories high. The top four stories will extend out over the parking garage. The chief proposed change CVS will preserve surface parking and to extend the upper stories of the building over the parking garage but no ground floor use in that area. Bradley Birge, Administrator – Planning and Economic Development stated that the DRC does have jurisdiction for mass and scale. Discussion ensued regarding the height of the project and sensitivity of treatment (two story wall at Cemetery boundary). Vehicular access, cross connections, grade changes, civic space, dumpster locations, Stormwater management program will be provided. Historically the plaza area was interconnected part of neighborhood North South connections. Clifford Van Wagner, Chairman asked if a Joint Land Use Board meeting with the Design Review Commission advisable on a sketch plan basis or both. Would it be more valuable for this Board to hear our concerns in the infancy stages. This is the second sketch plan. The Planning Board does have the authority to grant additional sketch plan reviews. Bradley Birge, Administrator Planning and Economic Development, stated it certainly is feasible to have a Joint Land Use Board Meeting. Clifford Van Wagner, Chairman stated to the applicant to make an application to the DRC to have them review this application, and then come back to a Joint Land Use Board Meeting. Amy Durland stated she is uncomfortable with this because you circumscribed the scope of this since the last time you presented it. It was described as a "live-work-play" concept and encompassed most of the property. I thought it was good opportunity to address the whole area which needs to be redeveloped. I believe this is an area of town which needs to be focused on and redeveloped and now by just promoting the hotel I feel we are losing the ability to redevelop this area. I hope we do not lose sight of our ability to look at the area comprehensively. Now it is just one City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 9 of 11 building which you are proposing. I would like to see a different planting plan, more pedestrian activity and more connectivity. Clifford Van Wagner, Chairman stated once you have met with the Design Review Commission we will then schedule a Joint Land Use Board Meeting to review the project with them. 4. 12.030 FECTEAU BUILDING, 53-55 Church Street, site plan for mixed use retail and residential in the Transect-6 District. Agent: Matthew Hurff, Frost, Huff Architects. Architectural review required with DRC. DRC deferred SEQRA Lead Agency to the Planning Board at their September 5, 2012 meeting. The proposed action involves a wood and brick 3 story addition to the rear of the building for 3 additional residential units. The back of the building has a mall coming off the alley. In addition to making some changes to the circulation of the building we will be installing an elevator and internal staircases. The intent is to make the alley a little more interesting, we are proposing a structure that is the same size that is there now. A little pavilion or entryway located at the end as the primary entrance from the alley. Retail on the first floor, a new garage and each unit is a two story unit. SEQRA: SEQRA Part II Long Form was reviewed, with no large areas of concern or impact noted. 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. Tom L Lewis, Vice Chairman seconded the motion. VOTE: Amy Durland, in favor; Philip Klein, 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 asked if anyone in the audience wished to comment on this application. None heard. Bradley Birge, Administrator Planning and Economic Development stated that Saratoga County Planning Board issued a decision stating no county wide or intercommunity impact noted. Clifford Van Wagner, Chairman stated we move on to site plan. This is a mixed use retail application in a T-6 District. The applicant will proceed with the plans. Regarding a street tree, Amy Durland asked if the applicant would be willing to consult with the Planning staff to determine the appropriate tree species from the approved list. Matt Hurff was agreeable. A discussion followed as to whether to require a street tree and, if so, how to decide the species. If it is deemed necessary approval may be accomplished by Administrative Action. The project creates no changes City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 10 of 11 along Church Street. Parking not required in a T-6 zone. Iron fencing placed on the eastern side of the subject building blocking pedestrian access north and south. Dan Gaba made a motion to approve Site Plan. Howard Pinsley seconded the motion. VOTE: Amy Durland, in favor; Philip Klein, 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 Saratoga County Planning Board currently stated there is no countywide or intercommunity impact. APPROVAL OF MINUTES: Tom L Lewis, Vice Chairman asked for a motion to approve the minutes of the September 12, 2012 meeting minutes with corrections as submitted. Philip Klein made a motion. Mariesa Coppola seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Tom L. Lewis, Vice Chairman, in favor; Amy Durland, Clifford Van Wagner, Chairman abstained, due to absence from this meeting. MOTION PASSES: 5-0-2 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 10:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/24/12 City of Saratoga Springs Planning Board Minutes – September 25, 2012 - Page 11 of 11