Planning Board

PLANNING BOARD MINUTES WEDNESDAY, NOVEMBER 14, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Tom L. Lewis, Vice Chairman, Amy Durland, Dan Gaba; Howard Pinsley ABSENT: Philip Klein, Mariesa Coppola STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs 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 PENDING ADDITIONAL SUBMISSION OF MATERIALS: -12.032 324 WEST AVENUE MEDICAL OFFICE BUILDING, 324 West Avenue, site plan for medical office building in the Transect-4 District. COMMENTS FROM THE CHAIR: Complete Streets Workshop – being sponsored by the City's Complete Streets Committee, sponsored by the Adirondack Rural Health Network. Mark Fenton, National Speaker on Complete Streets and Healthy Communities will be leading FREE workshop Tuesday, December 11, 2012, from 7:30 am – 12 PM in the Music Hall (Third Floor City Hall). Registration is free and available on line. Eligible towards 4 hours required training for land use board members. ADMINISTRATIVE ACTIONS: - 11.009 Mohr's Car Wash, 239 Washington Avenue – proposed administrative action to amend landscaping along rear portion of parcel abutting Washington Crossings Neighborhood, berm added utilizing additional fill from construction project, request to eliminate landscaping. ACTION: Approved by Chair with condition that landscaping and berm both be utilized as screening from adjacent neighborhood. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, November 26, 2012 at 4:00 P.M. Planning Board Workshop, Monday, November 26, 2012 at 5:00 P.M. Planning Board Meeting, Wednesday, November 28, 2012 at 7:00 P.M. PRIVILEGE OF THE FLOOR Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS UNDER CONSIDERATION: 1. -12.041 THE MOUZON HOUSE, 1 York Street, site plan modification for restaurant in the Transect-6 Urban Core District. Applicant: Dave and Diane Pennetti SEQRA: No further SEQRA review is required with proposed modification. BACKGROUND: This project was last seen by the Planning Board for a Letter of Credit extension at September 25, 2012 meeting. Proposed modification seeks to eliminate requirements of site plan approval for providing sidewalk from frontage of High Rock Avenue to frontage of Mouzon House building along existing adjacent public parking lot. Clifford Van Wagner, Chairman, stated the applicant has requested that the sidewalk be removed from the approved site plan. We have walked the property, and there is significant landscaping where the sidewalk has been proposed. Mr. Pennetti stated the property itself it located on a dead end street. The gardens provide ambiance in the area, especially for outside dining. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. Amy Durland asked if there were any safety concerns. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 2 of 11 Kate Maynard, Principal Planner stated potential considerations included functionality of the loss of the sidewalk as proposed and whether existing pavement was appropriate means to access site on foot, and aesthetic considerations for the change. Code enforcement stated the proposed modification provides improved safety. Amy Durland stated if this property should change hands the applicant would need to return to the Board for review. Clifford Van Wagner, Chairman agreed. 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 Mouzon House, 1 York Street for a site plan modification. Tom L. Lewis, Vice Chairman seconded the motion. VOTE: Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-0 2. 12.042 COGAN SUBDIVISION, 165 West Circular, public hearing for a two lot subdivision in the Urban Residential-2 District. Applicant: Dan and Mary Cogan Agent: Mike Perri DISCLOSURE: Dan Cogan is an employee of the City of Saratoga Springs, Code Enforcement Office with the Public Safety Department. SEQRA: Project appears to be an unlisted action. BACKGROUND: Proposed subdivision of parcel within UR-2 Zoning District. Mr. Perri addressed the Board. The applicant is proposing to subdivide the current lot into a two lot subdivision. The proposed subdivision proposed access to second lot be provided via the existing Cedar Alley. Existing mature vegetation illustrated on plans – row of 6 foot cedar trees noted within the front setback area are proposed to remain. The applicant is proposing a waiver based on Cobra lighting present within the area and no Sternberg pedestrian lighting present within the vicinity. All items are reflected on the subdivision sketch. There is no City electricity in this area, a privately owned lamp post inside the property line will be agreeable by the City. Kate Maynard, Principal Planner stated it should be noted there will be a deviation from the normal Letter of Credit requirement. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 3 of 11 Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. SEQRA: Clifford Van Wagner, Chairman reviewed Part I and Part II of the Short Environmental Assessment Form. Howard Pinsley stated 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. Dan Gaba seconded the motion. VOTE: Amy Durland in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, in favor; MOTION PASSES: 5-0 Clifford Van Wagner, Chairman asked if anyone in the audience would like to speak regarding the two lot subdivision in the UR-2 District. None heard. Howard Pinsley made a motion for a two lot subdivision in the UR-2 District. Tom L. Lewis, Vice Chairman, seconded the motion. Clifford Van Wagner, Chairman asked if there were any further questions. None heard. VOTE: Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-0 3. 09.051.2 GRIDLEY STREET STABLES, Gridley Street and Jefferson Street, extension of special use permit in the Institutional Horse Track Related District. Applicant: Jim Doyle SEQRA: Negative declaration for SEQRA was issued on November 24, 2009, no further action required. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 4 of 11 BACKGROUND: Permanent special use permit for horse stables approved by the Planning Board, first 18 month extension will expire on January 27, 2013. Per Zoning Ordinance, Planning Board can consider request for second, and final 18 month extension of special use permit approval. Site plan approved was recently extended until March 10, 2014. Mr. Doyle stated this goes hand in hand with the site plan extension approved last month. This will allow me the right to continue with the new application. Kate Maynard, Principal Planner stated this is the second and final extension. Clifford Van Wagner, Chairman asked if there were any further comments from the Board. None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Amy Durland, made a motion to extend the special use permit for a period of 18 months. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman in favor; Clifford Van Wagner, Chairman in favor MOTION PASSES: 5-0 4. 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. Applicant: Michael Ballestero Agent: Jere Tatich, ELAN Planning and Design; Kurt Bedore, TB Engineering SEQRA: Project appears to be a Type I action. The Planning Board initiated coordinated review and sought lead agency January 26, 2011. Planning Board accepted lead agency on April 27, 2011. BACKGROUND: Planning Board last saw project on July 25, 2012. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 5 of 11 Planning Board sketch discussion held: 04/29/08 – 21 lots 04/29/09 – 17 lots 07/14/10 – 15 lots Site is split by 2 Comprehensive Plan districts Conservation Development District – any subdivision requires conservation analysis, preservation of 50% unconstrained lands, units clustered on remaining 50% of unconstrained. Medium density residential maximum 3.5 units/acre. Site is split by 2 Zoning Districts RR-1 Minimum 2 acre lots – subject to conservation subdivision requirements – western portion. UR-1 Minimum lot size 12, 500 square feet minimum mean width 100 feet – fronts on Buff Road. Mr. Tatich provided the Board with a power point presentation. Plans presented to the Board now illustrate items per the Board's request. Curbing is now proposed, consistent with the east side of Buff Road, separation for pedestrians on sidewalks. Lot configuration and access onto Buff Road. Tree stand will stay. Water connection to the north side of Route 9 to the 15 lots. Private driveway will serve 5 lots. Storm water management will meet all the City current standards. 30 foot utility easement to the City to the South. A 10 foot utility easement granted to the City along Buff Road. Open space plan to the west side of Slade Creek which will involve 2 parcels. Signage along the wetland buffer area. Minimum zoning requirement will be exceeded. Street lights, street trees and sidewalks. Mr. Bedore, TB Engineering. Reviewed the stormwater management program and current requirements. Mr. Bedore spoke of drainage concepts and the use of dry wells, perforated pipes and rain gardens in this area. Additional runoff will be handled by the City system. Amy Durland questioned the maintenance and upkeep of the rain gardens. Mr. Bedore stated A full SWPPP will be conducted and details for erosion and the sediment control during construction, post construction, operation and materials will be provided. The rain gardens will be deed restricted and noted on the plans submitted to the City. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Ed Dannehy, 20 Westbury Drive. Questioned the stormwater overflow into the City's system. Mr. Bedore explained the working of the stormwater management system. Sherry Monaco questioned who would instruct the property owners on the maintenance of the water garden. Clifford Van Wagner, Chairman explained how the responsibility of the rain gardens will be deed restricted. Mr. Bedore explained how the rain gardens work and basically are very low maintenance. Peter Dallas, 6 Emerald Lane. Questioned the fencing and who will maintain the fencing. Clifford Van Wagner, Chairman explained the split rail fence, which is maintenance free built with cedar or locust wood. Jim Lesniewski, 10 Evergreen Drive. Re-iterated traffic safety concerns. Michael Fisher, 28 Westbury Drive. Submitted information to the Board. Concerned with Buff Road Traffic. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 6 of 11 Sherry Monaco voiced her concern regarding the traffic in this area. Al DelPos, 26 Westbury. Voiced concerned regarding traffic in the area. Peter Dallas, 6 Emerald Lane. 15 too many homes to be placed in this area. Clifford Van Wagner, Chairman, asked if there were any further comments from the Board. Amy Durland, stated some of the neighbors seem as though they did not know about this project. Were they noticed properly. Kate Maynard, Principal Planner stated there are certain subdivision regulations. The project is first noticed publicly, initially, noting a public hearing will be held concerning the project. When the project went dormant for a period of time we required the applicant to renotice the neighbors within 250 ft of the subject parcel/project and we have documentation from the post office concerning deliverability, this was an additional step provided. Amy Durland stated there were a number of comments which we touched on before. One of the themes which keeps coming up is the monitoring and enforcement of a number of elements of this project being left to the homeowners. I just want to say I completely agree with one or more of the comments made by the neighbors of having a homeowners association, which would address at least some of the issues that were raised tonight and some of the issues I have a concern over that ideally should be monitored and maintained over time. I would like to make sure that perhaps the applicant would be agreeable to reconsider that. Mr. Tatich stated he does not feel the need is justified since these items will be deed restricted on each individual deed. Discussion ensued regarding a trail in the Slade Creek area, and conveyance of an easement to the City. Howard Pinsley stated to any all who have been in the Armed Services, thank you, this is your week. Congratulations and thank you for your service. The members of the Board concurred with Mr. Pinsley's comment. SEQRA: 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 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. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 7 of 11  Amy Durland, opposed; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 4-1 Clifford Van Wagner, Chairman stated we will now move onto the subdivision portion of this application. Clifford Van Wagner, Chairman stated regarding the fifteen lot subdivision – let me recap the conditions or concessions I have noted: Eliminate the horseshoe driveway at the existing home at the north end of Buff Road. Existing stand of trees at Buff Road and Route 9 remain. Water connection provided by the applicant to loop under Route 9 in a northerly direction. One private driveway to service 5 lots at the south end. 30 foot utility easement will be granted to the City on the south end of the property at Buff Road. 10 foot utility easement will be granted to the City along Buff Road. Utility easement granted to the City regarding private shared access driveway. Preserve the Open Space Opportunity will be granted to the City on the West side of Slade Creek. Rain gardens on each lot will be deed restricted to the individual property owners and signed. Split rail fence 4 foot in height constructed at the rear of the property line delineating the beginning of the 100 foot buffer for the DEC wetlands and the fence will include proper signage, with occasional opening for pedestrian access only. Clifford Van Wagner, Chairman stated there will be sidewalks per City requirements, street lights, street trees, and fire hydrants which were requested by the City Engineer and so noted. Tom L. Lewis, Vice Chairman stated he has seen this applicant approximately four times and has done a very good job in trying to address all the concerns of the neighbors. I make a motion in the matter of the 15 lot subdivision with the ten points as noted. Howard Pinsley seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. Amy Durland stated she knows she is in the minority here. She is not in support of the application. Over time things have not changed that much. As a subdivision application, we are to consider the health, safety, and welfare of the community. I still have concerns regarding traffic safety and sight distances. The applicant’s traffic analysis is based on vehicular traffic traveling at the posted speed, but neighbors have testified, and it’s common knowledge, that Buff Road is a speedway and that by tradition and practice drivers often exceed the speed limit. I do believe there will be of necessity people parking across Buff Road and therefore needing to cross Buff Road as pedestrians, and I believe this is potentially not safe. I’m concerned about the number of curb cuts for driveways. If there were ever a case for additional shared driveways it would be this project. I believe it would help if the plan included more shared driveways. This is a very sensitive project environmentally, because of the narrow strip of land to build on, the steep slope in back of the properties, and the wetlands below that go into Slade Creek, a tributary of the Kayderosseras. I don't believe that the systems the applicant has proposed will be effective in preventing people's back yards from encroaching into protected areas. It is possible that people will be dumping garbage and leaves, allowing dogs to run loose, and using pesticides and fertilizers that will enter the creek and wetlands as runoff There is not enough control over this or enforcement plans.. The rain gardens are an important feature of storm water management program. I have concerns about the maintenance, identification, and enforcement of these rain gardens, especially as they pass to subsequent owners. There are no formal consequences if these systems fail.. Finally, constructing a nature trail along this corridor is identified in the Open Space Plan and other city documents as City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 8 of 11 a goal for the city. But there are no easement holders and it is unrealistic to expect the city or a private entity to offer to become the easement holder. The proposed location of any trail is designated within the wetlands, which I do not think is environmentally viable, practical, or prudent. If anywhere, the trail belongs above the slope, along the footpath that currently exists. We are missing an opportunity here. VOTE: Amy Durland, opposed; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, in favor; MOTION PASSES: 4-1. The Board recessed at 9:30 P.M. The Board reconvened at 9:45 P.M. 5. 12.044 SARATOGA EXIT 15, 84 Weibel Avenue, site plan review of a telecommunications tower in the Transect-5 District. Applicant: Independent Towers SEQRA: SEQRA Negative Declaration issued by the ZBA on April 11, 2011. BACKGROUND: Use variance received under the application by SBA Network Services Inc., from ZBA on May 23, 2011. PROJECT HISTORY: A second revised, intermunicipal notification for new towers as required was completed March 4, 2011, including notification to the Towns of Wilton, Saratoga, Greenfield, Milton, Malta and Saratoga County Emergency Services and County Planning Board. A second focused, balloon float was conducted on April 20, 2010. The applicant last appeared at the Mayor's Quarterly Meeting a joint meeting of the Land Use Boards, on March 30, 2010. The applicant last appeared before the ZBA on February 12, 2009. A second public hearing for February 12, 2009 was noticed for the revised project. A balloon float was conducted on October 1, 2008. October 2008 – Project change – 150 foot monopole to 105 foot monopine. Public hearing noticed for January 22, 2007. Building inspector denial dated December 7, 2006. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 9 of 11 Intermunicipal notifications completed to Towns of Malta, Wilton, Saratoga, Greenfield, Milton, and Saratoga County Planning Board and Saratoga County Emergency Services dated November 22, 2006. Application submitted November 22, 2006 – 150 foot monopole. Clifford Van Wagner, Chairman stated SEQRA has been done by the Zoning Board and the Use Variance is in place. The owners of the property have changed to a different vendor for the telecommunication. They are requesting a site plan review of the telecommunication tower. We are looking at the site plan for the tower. Dan Schweigard, Independent Towers gave a brief overview of the project. We are here with the support of ATT to continue the permitting process. The project is 75% complete. We are here to ask for site plan review and we have submitted our application to the Design Review Commission. We are awaiting the ZBA decision, concerning the Area Variance extension. New regulations require additional setbacks. The new ordinance requires the tower to be 105 foot setback. Visual impact will be mitigated as much as possible. Three locations, are available. The playground, the rear of parcel just south midpoint of parcel, and along the rear of the southern boundary of the parcel, lower elevation. The day care is not in service at this time and this area is no longer in use. The area in the lower elevation of property will significantly impact the range of service. Discussion ensued regarding the impact on the location of the tower site regarding the service capacity. Clifford Van Wagner, Chairman discussed the possibility of another balloon float to ensure the visual impact be mitigated as much as possible, as well as the number of trees which will need to be removed to accommodate the new site. Mark each tree which will be removed with a ribbon to allow us visually to determine the impact on the area. Square off the parcel and where it will be located. Mr. Schweigard stated none of these issues is a problem. The playground area is generally clear. Perhaps one oak tree would need to come down. Middle portion of the lot is heavily treed and many trees would need to be removed. The lower location is not as heavily treed but not the most acceptable location service wise. Clifford Van Wagner, Chairman stated all the Boards should be notified, Zoning Board of Appeals, and the Design Review Commission should also be invited to attend. Chalk off the square or rectangular area. Mark the trees, and schedule a balloon float, with staff. We will all do our best to go out and look at the site. APPROVAL OF MINUTES: Tom L Lewis, Vice Chairman made a motion to approve the minutes of the October 10, 2012 meeting with corrections as submitted. Dan Gaba seconded the motion. VOTE: Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L Lewis, Vice Chairman, in favor; Clifford Van Wagner, in favor MOTION PASSES: 5-0 Tom L Lewis, Vice Chairman made a motion to approve the minutes of the October 24, 2012 meeting with corrections as submitted. City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 10 of 11 Kate Maynard, Principal Planner recommend additional information regarding the Munter Site concerning the intersection site and the private/public shared access. Dan Gaba seconded the motion. VOTE: Amy Durland, in favor; Dan Gaba, in favor; Howard Pinsley, abstained; Tom L Lewis, Vice Chairman, in favor; Clifford Van Wagner, in favor MOTION PASSES: 4-0-1 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 10:00 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary City of Saratoga Springs Planning Board Minutes – November 14, 2012 - Page 11 of 11