Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JANUARY 9, 2013 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Tom L. Lewis, Vice Chairman, Dan Gaba; Howard Pinsley; Robert Bristol 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 7:05 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner, Chairman stated the proceedings of this meeting are being recorded 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: Clifford Van Wagner, Chairman welcomed the new Planning Board member appointment Bob Bristol appointed to a 7 year term. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Tuesday, January 22, 2013 at 4:00 P.M. Planning Board Workshop, Tuesday, January 22, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, January 23, 2013 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. 12.047 ADVISORY OPINION REFERRAL FROM ZBA JC BEEKMAN LLC SUBDIVISION, 192 Beekman Street, area variance for a two lot subdivision of land creating a lot for construction of a two family residence; seeking relief from the minimum average lot width requirement in the UR-3 District. BACKGROUND: Clifford Van Wagner, Chairman stated this is a request for an Advisory Opinion from the Zoning Board of Appeals for a proposed subdivision on 192 Beekman Street. This is a property that enjoys two street frontages it runs from Beekman to Walworth. On the Beekman Street side there is a two family structure. This is before the Zoning Board of Appeals for relief from the minimum lot width. The applicant is requesting an Area Variance to build a two family house. Planning Board recommendation required per 8.4.6, "Pursuant to General City Law Section 33.6, if a proposed subdivision plat contains one or more lots that do not comply with this Chapter and, therefore, require an area variance, the ZBA shall request that the Planning Board provide a written recommendation concerning the proposed variance." Clifford Van Wagner, Chairman stated if the variance is granted, 2-lot subdivision would be reviewed by the Planning Board. This opinion is an opportunity for the Planning Board to provide consideration to ZBA prior to any action to the proposed variance request which could allow for subdivision to be considered. SEQRA: No SEQRA action required with an advisory opinion. Applicant: JC Beekman LLC (Gary Hasbrouck, owner). Agent: Matthew J. Jones, Attorney. DISCLOSURE: Gary Hasbrouck, is a Zoning Board of Appeals member. Mr. Jones gave a brief overview of the proposed project. The mean lot width is not sufficient. A single family dwelling lot specification is 6,600 square feet – 60 feet average lot width, two family dwelling 8,000 square feet – 80 foot average lot width. A commercial property exists on either side of the property. The neighborhood is comprised of two and three family dwellings. The applicant will keep the parcel on Beekman and the two family structure will face onto Walworth. The applicant has revised the plans and those have been provided to the Board. The property will be built and sold. Discussion ensued regarding the conformity and width of other two and three family structures in that area. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman asked if there was a motion for a Favorable Advisory Opinion to the Zoning Board of Appeals for the project as shown with a 50 foot lot width and approximately 15 feet to the north of the building. Tom L. Lewis, made a motion. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 2 of 9 Bob Bristol seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Bob Bristol, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-0 2. 12.048 YADDO POND DREDGING, Union Avenue, land disturbance activity in the Institutional Educational District. BACKGROUND: Sediment has built up in Yaddo's ponds, much attributed to runoff from NYRA's adjacent site over a period of years. NYRA proposes action to remove sediment from Yaddo's existing ponds, dewater material, then haul off site. The area affected is approximately 3 ½ acres of land. A full SWPPP has been submitted and approved by the City Engineer's office as required by the City and DEC regulations. In addition, action triggers Planning Board approval of the soil and sediment plan based on thresholds established within the City's Zoning Ordinance. Clearing of approximately 3 ½ acres of Yaddo property, return the ponds to the original state. Reforesting of site. Applicant: Yaddo – Shawn Cassidy; NYRA – Peter Goulet Agent: Todd Minehardt, Arcadis Engineering Mr. Minehardt, gave a visual presentation to the Board of the project. The applicant is requesting a Land Disturbance Permit as the third and final phase of this project. Previous to this was Phase I, which was the construction of a wetland mitigation area on the Oklahoma Track. Phase II was the construction of some stormwater improvements in a ravine area which was just upstream from the Yaddo ponds. Phase III activities include the dredging of sediment from the three lower ponds at Yaddo. In preparation of the work, dead trees have been removed, and we have selectively removed some of the trees to provide access to the dredging areas. We are preparing a dewatering site area which is in the northwest corner of the Yaddo property, which is this 3 ½ acre area in question. A pond dewatering of the sediments will occur. We are looking to utilize 3,000 yards of the dredged material to supplement existing top soil. Upon completion of the dewatering we will be returning the area to its pre-existing condition with top soil, mulch and seeding. All excess materials from the dredged site will be removed off site. We are looking to complete the dredging work this spring. We do need some time for these dredged spoils to dewater, 3 to 6 months typically. Our plan is to start to remove sediment material and have the entire site completed in 2014. Mr Minehardt explained the dewatering site and process to the Board. Use of stacked black geotubes. A stormwater management plan has been submitted and accepted by the City of Saratoga Springs. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 3 of 9 Discussion ensued regarding the size and the location of the site. Visibility of this site to Union Avenue was of concern and possible mitigation efforts were discussed. Possibly re-planting of the trees which would be removed during this process to form somewhat of a buffer along Union Avenue. Possible options were discussed with the applicant. The applicant was agreeable to provide buffering. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Kate Maynard, Principal Planner questioned the amount of soil to be taken off site. A calculation of the number of trucks and trips per day. Mr. Minehardt stated probably three trucks per hours, 38 cubic yards/per hour and this will be of 70 day duration. Mr. Minehardt assured the Board that mats will be used and they will maintain the site keeping debris to the site area, sweeping and maintaining the roadway. SEQRA: Clifford Van Wagner, reviewed Part II of the SEQRA Full Environmental Assessment 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 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. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Bob Bristol, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman MOTION PASSES: 5-0 Clifford Van Wagner, Chairman stated he is happy that the two entities are working together. NYRA has agreed to use hardwoods and coniferous trees to provide buffering. Once that is completed an administrative review will be completed to assure adequate buffering. The applicant will provide a sketch plan for staff and administrative approval. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on the Land Disturbance Plan. None heard. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 4 of 9 Clifford Van Wagner, Chairman stated the City Engineer is requesting an estimate of the project cost be submitted to his office and he will establish a Letter of Credit amount. Clifford Van Wagner, Chairman stated he will make a motion to approve the Land Disturbance Activity as requested by Yaddo and NYRA with the following condition: - Buffering will be provided on the north side of the 3.5 acre disturbance. The applicant will submit a landscaping plan to the Planning Department. Once that is completed the Planning Board Chairman and staff will review and approve and the applicant, will at that point, be able to move on with the approved plan. Tom L. Lewis, Vice Chairman, seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Bob Bristol, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-0 2. 12.044 SARATOGA EXIT 15, 84 Weibel Avenue, site plan review of telecommunications tower in the Transect-5 District. Applicant: Daniel Schweigard, Independent Towers SEQRA: Negative Declaration issued by the Zoning Board of Appeals 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. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 5 of 9 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. 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. Mr. Schweigard, Independent Towers gave a brief overview of the balloon float requested by this Board and several problems encountered with that float two weeks ago. He reviewed with the Board the visual submittal of photographs from that float. He is requesting recommendations from the Board on the acceptability of the site location, and feedback on the proposed tower site. Discussion ensued regarding the impact on the location of the tower site regarding the service capacity, and the height of the tower. Mr. Schweigard stated the RF engineers have determined that there is a need for that height of the tower for coverage. Dan Gaba requested the carriers proposed for the tower and their coverage maps be submitted to the Board. Kate Maynard, Principal Planner reminded the Board that the variance has been granted for the tower at this location. All justification for coverage needs and negative SEQR declaration has already been reviewed, with tower approved on this parcel. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Tom Frost, stated we are all familiar with the camouflaged towers. I would just rather see the tower naked rather than a Frankenpine as they are known. The camouflage does nothing but make them look weird in my opinion. Clifford Van Wagner, Chairman stated he was pleasantly surprised and their appearance has improved dramatically over the last ten years and how the technology has changed. Clifford Van Wagner, Chairman stated this application will return back to us for site plan review. This is merely to keep the application moving forward. Clifford Van Wagner, Chairman made a consent recommendation that we instruct this applicant to move forward on this application and to proceed to the Zoning Board of Appeals with the site location as proposed. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Bob Bristol, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 5-0 The Board recessed at 8:30 P.M. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 6 of 9 The Board reconvened at 8:41 P.M. 4. 11.010.4 SIRO'S 168 Lincoln Avenue, public hearing for a renewable special use permit for outdoor entertainment in the Institutional Horse Track Related District. DISCLOSURE: Board Member Bob Bristol did disclose that Tom Frost is his architect and is currently doing major renovations to his building. There is no need for recusal. Agents: Bob Sweeney, Attorney; Tom Frost, Architect; Toby Porter, Siro's Applicant: Racing Restaurants of America SEQRA: Project appears to be a Type II action. SUMMARIZED BACKGROUND: ▪ 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. Condition that the off-street parking must be within 300 feet of the subject parcel, with lease agreement provided July 1, 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 and again over 2012 racing season. ▪ On February 22, 2012, the Planning Board approval a renewable special use permit with conditions. Condition for independent noise analysis for 2012 continued Novus Engineering provided report which summarizes findings for the season. Clifford Van Wagner, stated the applicant is currently requesting three things: - Increase the decibel level to 75 dba as opposed to 70 dba - 4 year renewable special use permit - Increased hours. Bob Sweeney, attorney for the applicant for Siro's. The Board should have received an application form, EAF form and a document prepared by Tom Frost giving you a summary of last years Special Use Permit conditions. There is also a site plan in this package – no significant changes noted to the site. Strictly in the conditions. - The first items relates to the hours of operation. Thursdays the hours of operation were 4PM– PM. We are asking for Thursday hours of operation to be 4:00PM–9:30PM. This past year the track has either added a race or started racing later so patrons are arriving approximately 30-60 minutes later. We are asking for the additional ½ hour for the month of August only. Friday and Saturday hours of operation were 4PM-9PM. We are asking for the proposed hours on Friday and Saturday to be 5PM–10PM, again for the reasons stated previously, patrons are arriving later. Twilight racing nights hours of operation are 4-11PM (2 nights per season) we are proposing 4PM–10PM, decreasing the hours of operation by one hour, on those days. Two days where we have hours until 11PM currently, we would like to have an additional day added – Opening Day. Hours to be 4PM–11PM. The net effects an additional 2 ½ hours over the course of the season. - The second item of change is the decibel limit. Current decibel limit is 3 hr LEQ – 70 decibels. This was arrived at using standard protocol. Decibel limit 3 hr LEQ – 75 decibels. This is determined by placement of measuring equipment and location. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 7 of 9  - The third item of change is a request for a 4 year renewable special use permit. We have been living on a one year renewable special use permit. It is difficult to operate a business with a one year permit. We do need more breathing room. There are plans to improve the stage, bar area, and the facility and the sound attenuation. The Board still does have the ability to cancel the Special Use permit since we must comply with the conditions. Kate Maynard, Principal Planner gave an overview of all correspondence received by the Board regarding this application. Kevin Wolpert. Ben Mirling, 121 Nelson Avenue, Saratoga Springs. Rose Tait, 164 Lincoln Avenue, Saratoga Springs. Sally King, 126 Nelson Avenue, Saratoga Springs. Larry King, 126 Nelson Avenue, Saratoga Springs. Sara and Bently Boivin, email. Ruth Edelson, email. Janette Kaddo Marino & Clement A. Marino, email. Mike and Kim Billok. Clifford Van Wagner, Chairman stated we will not take any action on this tonight. I agree with Tom who has more experience than the rest of us due to his prior employment. The most important thing is to take the Bergman Report get it to staff and Novus and have them digest this. Also have them report back to staff and the Board with the interpretation of the data your folks have done. We should take some time and have this done thoroughly so we have an idea to as a Board to review these comparisons. The other thing we question is your request regarding the sound from 3 hour LEQ – 70 decibels, to 75 decibels. Why not go to 72 when the majority of the violations have been less than one. This is to keep everyone happy. Clifford Van Wagner, Chairman asked for comments from the Board. Tom L. Lewis, Vice Chairman stated 72 decibels makes more sense. He is sympathetic to the length of the permit. I am sympathetic to the neighbors. One item is very annoying to the neighbors is the trash pickup. I do have this happen to me in my business – after receiving complaints we threaten going to another trash service. Howard Pinsley stated NOVUS and Bergmann need to work together. Dan Gaba asked why was the monitoring closer to the established decibel limit in 2011 than in 2012. Clifford Van Wagner, Chairman stated these are all great questions which deserve investigation. Clifford Van Wagner, Chairman reviewed the new requests: 4 year Special Use Permit 75 decibel limit Increase in operation hours – 2 ½ hours over the course of the season Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 8 of 9 Clifford Van Wagner, Chairman stated he appreciates Siro's being here so early in the year. We will continue the arrangement with NOVUS this year. Give some time to the sound experts. Bob Bristol stated it is important regarding the neighbors and the trash removal. Also, the other part that I would pay attention to why did you go over the sound limits and what happened and why. This is the reliability issue. You lose credibility when you do not comply with the conditions set forth in your permit. Clifford Van Wagner, Chairman stated we do need to be in balance between neighbors, Siros and the City. We will try to work with all parties concerned and we will work these things through. APPROVAL OF MINUTES: Clifford Van Wagner, Chairman requested a motion to approve the minutes of the Joint Planning Board and Design Review Commission on December 10, 2012 with corrections and additions as submitted. Howard Pinsley made a motion. Tom L. Lewis, Vice Chairman seconded the motion. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 4-0 Clifford Van Wagner, Chairman requested a motion to approve the minutes of the December 12, 2012 Planning Board Meeting with corrections and additions as submitted. Howard Pinsley made a motion. Dan Gaba, seconded the motion. VOTE: Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 4-0 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 9:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 1/23/13 City of Saratoga Springs Planning Board Minutes – January 9, 2013 - Page 9 of 9