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Planning Board

Regular Meeting

Saratoga Springs, NY · February 27, 2013

AgendaMinutes

Minutes

PLANNING BOARD MINUTES WEDNESDAY, FEBRUARY 27, 2013 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Tom L. Lewis, Vice Chairman, Dan Gaba; Howard Pinsley; Philip Klein; Robert Bristol LATE ARRIVAL: Mariesa Coppola 7:03 P.M. STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:01 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. ADJOURNED PENDING SUBMISSION OF ADDITIONAL INFORMATION: -12.044 SARATOGA EXIT 15, 84 Weibel Avenue, Site plan review of telecommunications tower in a T-5. -13.002 EXCELSIOR AVENUE MIXED USE DEVELOPMENT, Excelsior Avenue and Marion Avenue public hearing for a special use permit for mixed use buildings featuring commercial and residential uses in the Transect-5 District. -13.006 EXCELSIOR AVENUE MIXED USE DEVELOPMENT, Excelsior Avenue and Marion Avenue, site plan review for mixed use buildings in the Transect-5 District. COMMENTS FROM THE CHAIR: Lot Line Adjustment: 25-27 Meadowbrook Road - Approved by the Chair. Letter of Credit Extensions: 03.093.2 Duo Japanese – Approved by the Chair. 04.033.5 Excelsior Park – Approved by the Chair. 09.001.2 Park Grove – Approved by the Chair. 06.034.4 Kamen Center – Approved by the Chair. 08.001.3 233 Maple Avenue (Dee Properties) – Approved by the Chair. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, March 11, 2013 at 4:00 P.M. Planning Board Workshop, Monday, March 11, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, March 13, 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. 1. -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. SEQRA: Project appears to be a Type II action. BACKGROUND: ▪ 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 two year 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 modifications 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. 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. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 2 of 15 ▪ 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. Applicant: Racing Restaurants of America Agents: Bob Sweeney, Attorney; Tom Frost, Architect; Toby Porter, Siro's Sound Engineer; Matt Gleeson, NOVUS Engineering; Acoustical Engineer – City of Saratoga Springs Mr. Sweeney gave a brief overview of this application. Sound experts for the City and Siro's have reviewed all reports. We hope to be able to come to a compromise regarding conditions both experts agree upon. In condition #1 in last years permit – hours of operation. We would like to modify those hours. Over the course of the meet currently hours total 273. This year we are proposing 210. We are requesting adjustment of hours from 9 PM to 10 PM on Friday and Saturday nights. We will give up an hour on the early end and add an hour on the end. We will drop the 2 Tuesday Charity events. Drop additional event days from 6 to 3. The day before opening day, opening day and Travers Day will remain the same. The Monday of Sales Week will remain the same. Twilight Racing will remain the same. Final Saturday hours will be 5:30 P.M. to 9:00 P.M. We would like you to consider this as condition #1 in the permit. In condition #2 – the generator is currently located in the south yard and the location of the original sound monitor is just feet away which adds to the sound levels. We do propose sound enclosure around the generator to mitigate additional noise levels. In condition #5 the decibel level. We are trying to have the engineers come up with a joint monitoring protocol. Also the term of the permit, currently one year renewable, it makes it difficult to run a business. The applicant would like to make improvements but it is very hard to find investors with a year to year permit. We are requesting a four year permit. Matthew Gleeson, NOVUS Engineering stated the applicant has been in compliance with the noise monitoring level. 2011 the decibel level was exceeded on 3 days. 2012 the decibel level was exceed on 17 days. Although conditions were essentially no different from last year; results were slightly worse warranting review and discussion. Mr. Gleeson reviewed the report and recommended a second monitoring location. Most of the recorded exceedances were on 1-2dB above the threshold, and minor changes in the operation could bring the levels back within compliance. 70 decibels is a good limit. Tom Frost, Architect gave a brief overview of the generator and the proposed noise mitigation. Sketch provided to the Board Members. Philip Klein requested information on the present condition of the fencing. Tom Frost stated the quality of the fence has held up quite well. Tears have occurred and been repaired. Mr. Sweeney stated last time we were here we heard a complaint regarding trash pickup. Our waste hauler has been notified and assures us that there will be no trash pickup before 8:00 A.M. Siro's has purchased their own sound monitor and placed it next to the one NOVUS has sited and made an attempt to monitor their own sounds. I am confident we will come up with monitoring levels that are acceptable to all concerned. Discussion ensued regarding the generator as a power source and any alternative for additional power to the restaurant/outside entertainment area. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 3 of 15 Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Sara Boivin, 129 Nelson Avenue. Thank you to both Bob and Tom and for all their work. Noise has been mitigated from years past. The additional decibel level request was questioned. The fence is ugly and did not go up and down as it was proposed. It was hideous and embarrassing. We would not support any additional increase in the decibel level. Would like to see the decibel level lowered during the school year. Trash removal was picked up at 5 A.M. Would like to see them develop more of a track record before they receive additional years added to the Special Use Permit. Bentley Boivin, 129 Nelson Avenue. Concern regarding neighbors who travel and submit correspondence to the Board are they read and put into the record. Clifford Van Wagner, Chairman assured Mr. Boivin that all correspondence is circulated to the Board as well as read into the record. Jim Anderson, 83 Harvard Road, Watervliet. I am a music lover. I come to Saratoga in the summer. It is frustrating to try to listen to the bands at Siro's because you can hardly hear the band. Recommends increase in the decibel level. Kate Maynard, Principal Planner stated two letters were received – Larry King, email letter received 2/25/2013. Rose Tait, email letter received 2/27/2013. Clifford Van Wagner, Chairman stated we will keep the application open. This application will not be advertised again. The Board will review the information presented and we will see the applicant again on March 13, 2013. 2. 13.008 135 SOUTH BROADWAY REDEVELOPMENT, 135 South Broadway, special use permit for office, medical offices/clinics in the Transect-5 District. Applicant: Saratoga Prime Properties Agent: Mike Ingersoll, LA Group; Mike Toohey, Attorney; Hans Lehr, Director Saratoga County Mental Health SEQR: Action appears to be a Type II action, no further environmental review required. BACKGROUND: Project is site of former Topper's auto dealership. Site Plan review and architectural review by the DRC are also required. Clifford Van Wagner, Chairman stated this applicant is before the Board for a special use permit. The Board's job is to evaluate criteria for special use permits. To ensure that the proposed use will not adversely affect surrounding properties and community character, the Planning Board's evaluation of Special Use applications shall include the following: 1. The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this Chapter. 2. The density, intensity and compatibility of the use with the neighborhood and community character. 3. Safe and efficient pedestrian and vehicular access, circulation and parking. 4. Existing and future demand on infrastructure, public facilities and services. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 4 of 15 5. The environmental and natural resources of the site and neighboring lands including any potential erosion, flooding or excessive light, noise, vibration and the like. 6. The long-term economic viability of the site, neighboring properties and districts. Michael Toohey, Attorney for the applicant reviewed the potential project. Saratoga County Mental Health Unit currently has three locations, one at Saratoga Hospital, one on Church Street and one in Geyser Crest. These three locations all have residential components attached to it. This project is proposing consolidating all three locations into one. Many misconceptions exist regarding the operation of the Saratoga County Mental Health Unit. Mr. Lehr stated currently the Saratoga County Mental Health Department has 8 Physicians; 27 Clinicians, and 16 support staff. Hours of Operation: Tuesday 8:30 A.M. – 9:00 P.M.; Wednesday and Thursday, 8:30 A.M. – 7:30 P.M.; and Monday and Friday, 8:30 A.M. – 5:30 P.M. No weekend service. Two outpatient clinics currently exist one at the Mental Health hospital location and the second is a substance abuse clinic at Church Street. Day treatment program from 9:00 A.M. – 3:30 P.M. at Geyser Crest. All three locations are proposed to be consolidated to save cost and efficiency with staffing. Mr. Lehr explained the operation of each of the locations and the clients they service. Mike Ingersoll, LA Group gave an overview of the proposed project for the Board. Dennis Rigosu, Architect reviewed the architectural changes which will be made to the building. The footprint of the building will not be changed. Mr. Toohey reviewed the criteria for special use permits and compatibility with the neighborhood. The uses within the vicinity includes a hotel, spa, motel, single family, retail uses. This is located within the South Broadway corridor, which is the subject of the City encouragement for redevelopment and a main gateway into the community. Clifford Van Wagner, Chairman asked what other sites have been considered for this project. Mr. Lehr stated the committee did look at four other sites, and they were not acceptable. Kate Maynard, Principal Planner provided an explanation of what the Comprehensive Plan has set out to establish in the different zones in the City. Clifford Van Wagner, Chairman stated there will be no decision this evening. We will open the public hearing and the Board will then consider all the information presented and review all submissions. PUBLIC HEARING: Clifford Van Wagner, Chairman opened the public hearing at 8:42 P.M. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. John Tigue, Geyser Road. I live by one of the treatment centers and I can tell you that people do linger outside the building, and also at the bus stop down the road. There are no sidewalks in this area the clients must walk through a residential area and cross the road to the bus stop. There are no crosswalks. I have worked for the hospital for many years and many of the clients have been sentenced to Mental Health as part of probation and their sentences. They are not all there on a volunteer basis. The property next door last year in an assessment the property value decreased 40%. Paperwork submitted to the Board verifying this information. Bonnie Sellers, 5th Avenue. My big concern I am not against this project just the location. This is a commercial corridor. Also I question sales tax revenue and the reduction in property values in the surrounding area. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 5 of 15 Mr. Toohey informed the Board that this project will remain on the tax roles, it is not tax exempt. Jeff Clarke, President, Saratoga Springs Downtown Business Association. All of our members do hope that all these clients get treated with compassion in a clean and safe environment. We have many members expressing concerns over the location of this project. We have heard no public hearing from the County Board of Supervisors or systematic efforts to contact our members. Nothing in the GAPS report noted the South Broadway corridor. One of the locations was previously located on Broadway the clients did linger outside the building, smoked cigarettes incessantly and threw cigarettes butts on the ground and presented a disreputable appearance to our visitors and customers on Broadway. This deserves further study and concern by the Board. Al Collucci, 9 Lexington Road. I agree with a lot of the previous commentary. I think the introduction of 53 people to the area will have any effect on the area. The combination of the three services is disconcerting. Peggy Loundsberry, Chairperson, Saratoga County Citizens for Mental Health. Advocate for people who have mental health. We support the new location for the County Mental Health services. I work at Saratoga Hospital and have for 18 years. I am located near the mental health clinic and have engaged with many clients and have never had or heard of a problem. Kate Maynard, Principal Planner noted correspondence received by the Board. Commissioner Michele Madigan GAP Committee Member. Rick Fenton, correspondence received and read into the record. Tom L. Lewis, Vice Chairman questioned the number of clients serviced in a month. Mr. Lehr stated there is a high of 161 and a low of 89 with an average of 138. Clifford Van Wagner, Chairman stated the public hearing will remain open. The Board will review all the information presented and we will see the applicant at the next Planning Board Meeting on March 13, 2013. The Board recessed at 9:11 P.M. The Board reconvened at 9:22 P.M. 3. 13.013 SUBDIVISION OF 250 GRAND AVENUE, 250 Grand Avenue, public hearing for a three lot subdivision in the Urban Residential-2 District. SEQRA: Project appears to be an Unlisted Action: Short EAF submitted. BACKGROUND: Existing single family structure currently exists on property. Application is to subdivide property into 3 conforming lots within the UR-2. Area has seen some infill development in recent years – evidenced through development of smaller lot size, extension of public infrastructure such as sidewalks, street lights, curbs and street trees. Mature pine trees currently located on site, proposed to be removed. Ability to preserve trees along Grand Avenue front setback area of proposed lot #3 and potentially along Benedict Street from setback (lot #1) in accordance with Subdivision Regulations. "The developer of any residential subdivision shall preserve and protect the existing major trees within the required setback areas (front, side, and rear yards)" Lighting is required to be 150 ft per the subdivision regulations. Water and sanitary on Grand, existing 8" sanitary and 6" water. Pedestrian accessibility City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 6 of 15 sidewalk connection on Grand Avenue along project frontage required. Gap of 250 ft remains to east, from that point, long continuous stretch of sidewalk available. Desire to create logical pedestrian connection for occupants of new homes with current sidewalks. Applicant: Matt McPadden I am proposing to develop 3 8,000 square foot lots in the UR-2 district. Two curb cuts on Grand and one on Benedict. We plan on making the normal site improvements, curbing, sidewalks, street trees and lights if needed. Stormwater management mitigation will be taken into consideration to be addressed by utilizing the LA Group. I have done a similar project on Ash Street last year. I believe this project will fit into the neighborhood and streetscape on Grand Avenue very nicely. There are many trees on the site right now. There are some existing Maples on Grand and Benedict, which are in the right of way and we will try to save these trees. Clifford Van Wagner, Chairman stated he would like to commend Mr. McPadden on his former subdivision. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. None heard. PUBLIC HEARING: Clifford Van Wagner, Chairman opened the public hearing. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Anne Marie Chipola, 1 St. Charles Place. My main concern is green space. I am very happy with the design plan. and people have spoken very highly of Mr. McPadden and his work. Kate Maynard, Principal Planner stated we did speak about the lighting and it is the regularly spaced pedestrian lighting. Minor improvements to the utilities sizes 8" sanitary and 6" water. Consideration of sidewalks along the project frontage which the applicant has provided. Possibility of connection to the east of 200 feet to connect to Grand Avenue. SEQRA: Clifford Van Wagner, Chairman reviewed Part II of the SEQRA short form EAF. No large or important areas of concern 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 seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 7-0 City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 7 of 15 Clifford Van Wagner, Chairman stated we now have a request for a three lot subdivision. The applicant has agreed to bring in all the infrastructure according to code, with the help of the LA Group. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Dan Gaba made a motion for a three lot subdivision in the Urban Residential -2 District. Bob Bristol seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 7-0 3. 13.011 SCHRADE INSURANCE BUILDING, 227 Washington Avenue, public hearing for a special use permit for office, real estate office, and residential uses in the Transect-4 District. SEQRA: Project appears to be an Unlisted Action, full EAF submitted. DRC is other involved agency. DRC proactively deferred lead agency to the Planning Board on February 6, 2013. BACKGROUND: Project was last seen for sketch plan review on October 24, 2012. Clifford Van Wagner, Chairman reviewed the criteria for Special Use Permit. Applicant: Rick Schrade Agent: Peter Loyola CLA Site Mr. Schrade stated he is proposing to build a 7500 square foot 2 floor building which complies with the requirements in a T-4 zone. There will be 3 apartments on the second floor. Offices will be on the first floor. One will be my insurance company. Offices will be compatible with my insurance business. Access to the apartments will be from the rear. Access to the first floor will be from the front. We currently have 17 parking spaces, with a required handicap parking space. There is some parking available on the street as well. I will install a canopy along the back of the building to provide additional security for the tenants vehicles. We will comply with the City's regulations for street trees and street lights. We will provide screening with a 6 foot wood fence along the rear property line along with trees and landscaping and also for stormwater management. A 4 foot chain link fence will be installed along the west side of the property. Clifford Van Wagner, Chairman stated we will deal with the Special Use Permit first. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 8 of 15 Clifford Van Wagner, Chairman reviewed the evaluation criteria for Special Use Permit. Kate Maynard, Principal Planner reviewed the compatibility with the neighborhood and the adjacent properties and uses which include residential, commercial, restaurant, office and medical office/clinic. Clifford Van Wagner, Chairman stated are there any questions or comments from the Board. Philip Klein stated this is definitely fits in nicely with the neighborhood. PUBLIC HEARING: Clifford Van Wagner, Chairman opened the public hearing at 9:52 P.M. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Peggy Loundsberry, Director of Regional Therapy Center of Saratoga Hospital. We have a location across the street from the proposed development. There really is no on street parking in this area. Staff at this location must often times park on other streets in the area. Erica Friday, I live on Newton. Is there a requirement for a fence in the T-4, and how long will this project take. Mr. Schrade states it will take about 5 ½ months to build. There is no requirement for fencing. Constance Carroll, I live on Bensonhurst. Glad to see fencing and screening. Concern about traffic safety. Also I am concerned about drainage. Sarah Foulk, I own the building next door. Connie has said it all. Clifford Van Wagner, Chairman stated we have heard comments from the Board, this is a similar project to other projects in the area. Saratoga County Planning Board referral was returned approving the project. Clifford Van Wagner, Chairman, reviewed the SEQRA Part II Long form. No large or important areas of concern were noted. SEQRA: 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. Philip Klein seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 9 of 15 VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES 7-0 Tom L. Lewis, Vice Chairman made a motion for a Special Use Permit for office, real estate office and residential uses in the Transect-4 District. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 7-0 4. 13.011 SCHRADE INSURANCE BUILDING, 227 Washington Avenue, site plan review for a mixed use building in the Transect-4 District. Applicant: Rick Schrade Agent: Peter Loyola, CLA Site SEQRA: Project appears to be an Unlisted Action; full EAF submitted. DRC is other involved agency. DRC pro-actively deferred lead agency to Planning Board on February 6, 2013. BACKGROUND: Project was last seen for sketch plan review on October 24, 2012. Site Plan review and architectural review with DRC are also required. Site was previously proposed for use as an office building (1988, use variance denied), a self storage facility (1992, application was withdrawn) and restaurant (1997). Discussion ensued regarding parking arrangements and proposed length and size of the canopy, snow removal and drainage issues. Clifford Van Wagner, Chairman stated he would like to leave this application open and revisit site plan at the next Planning Board Meeting on Wednesday, March 13, 2013. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 10 of 15 The Board recessed at 10:30 P.M. The Board reconvened at 10:37 P.M. 6. 13.015 SARATOGA HONDA, 3402 Route 9 (South Broadway), request for lead agency by Zoning Board of Appeals for proposed expansion of the structure in the OMB-1 and OMB-2 Districts. Applicant: Tim Higgins, Saratoga Honda Agents: Mike Toohey, Mike Ingersoll, LA Group BACKGROUND: Saratoga Honda's existing facility on South Broadway is a pre-existing, non conforming use. It was a permitted use at the time of project initiation, but subsequent zoning changed that no longer has it as a permitted use. A Use Variance is required to seek the expansion of the use onto the existing parcel to the south, zoned OMB-1 and 2. This is the first action that would be required to be approved before the project could be considered by the Planning Board for Special Use Permit and Site Plan, and Architectural Review by the Planning Board. This site is also located within a defined gateway to the City, therefore additional sensitivity and gateway guidelines apply. SEQRA: ZBA initiated SEQRA lead agency at their February 11 meeting for the project. Planning Board will have presentation at meeting regarding the project. For Board to consider is any input to provide to the ZBA within their review. Clifford Van Wagner, Chairman stated that he met at length on Friday with the Land Use Board staff, other board members, the applicant and agents regarding the use variance request and SEQRA determination. The Boards will meet in a Joint Board Meeting on March 11, 2013 at 6:00 P.M. to discuss this application and for an overview of the project. Mr. Toohey thanked the combined Board in helping us streamline this project. Mr. Toohey gave a brief overview of the project for the Board. This site is currently too small a site for business demands as well as the franchise demands. There are two choices for this dealership, one is to move outside the City of Saratoga Springs, the second is to expand this current location. Property owned by Four Winds is available and they have no plans to expand. We are in contract to purchase this land if this application is approved. The proposal is to expand an existing 14,749 square foot auto dealership to 39,576 square feet (expansion of the non–conforming use into newly constructed space). The existing site has 225 parking spaces for the non-conforming use the proposed expansion of the use proposes increasing the parking to a total of 512 spaces (increase of any parking related to the use). If the applicant proposed to expand the existing structure to use the newly constructed space for a conforming use (any of the uses permitted in the district) and provide associated parking for the conforming use. Mike Ingersoll, LA Group gave a brief overview of what the new project would look like. 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 – February 27, 2013 - Page 11 of 15 Philip Klein made a motion in the matter of the application of Saratoga Honda to defer Lead Agency to the Zoning Board of Appeals for the proposed expansion of the structure in the OMB-1 and OMB-2 Districts. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 7-0 7. 13.003 DOYLE PROPOSED ZONING MAP AMENDMENT, southeast corner of Jefferson and Gridley Street, proposed amendment from Institutional Horse Track Related (INST-HTR) to UR-2, request for advisory opinion from the City Council. Applicant: Jim and Lawrence Doyle BACKGROUND: Applicant proposes to amend existing INST-HTR zoning back to UR-2 zoning. Planning Board has 30 days to review, and provide advisory opinion back to the City Council. Subdivision/site plan in accordance with underlying zoning would be required with proposed specific activity. 1. Requested amendment is for 6 parcels on southeast corner of Jefferson/Gridley plus existing UR-2 parcel (1.4 acre) from current institutional zoning (INST-HTR) to single family residential zoning (UR-2) 2. Parcels were subject of zoning amendment request in 2008 from UR-2 to INST-HTR. At that time, idea that was expressed was there was a lack of available, proximate land complementary to horse track uses. Letter from applicant states the economic factors have changed "lessening any demand for horse related use, while Mr. Doyle stated economic factors since 2008 have lessened any demand for Horse Institutional applications in that area while the need for UR-2 housing in the Jefferson Street corridor has since developed with residential and condo development. The propose rezoning would make all lots UR-2 and create less density by merging the 7 lots into a proposed 6 lots. I will build quality structures that will increase the tax base and further enhance that area of the City. It was the consensus of the Board that Mr. Doyle's project is a much better solution to the current zoning. Larry Castele, Crescent Street, appreciates everything Mr. Doyle has done to increase property values in this area and he supports this project. Bill Darcy 94 Crescent Street, I can attest first hand to the quality and care of Jim's project. We have lived in one of Jim's homes for the past three years. I am very supportive of the project. City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 12 of 15 Bob Bristol made a recommendation for a favorable advisory opinion in the matter of a proposed zoning map amendment in the southeast corner of Jefferson and Gridley Streets for a proposed amendment from Institutional Horse Track Related (INST-HTR to UR-2, request for an advisory opinion from the City Council. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 7-0 8. 13.009 HOME OF THE GOOD SHEPHERD, 394-402 Church Street, public hearing for a Special Use Permit for senior assisted care facility and senior housing in the Urban Residential-1 District. RECUSAL: Clifford Van Wagner, Chairman recused himself from this application. Tom L. Lewis, Vice Chairman assumed the duties of the chair. DISCLOSURE: Bob Bristol disclosed he is on the Boards of the Northeast Health, and the Highland Meadows. I have no financial interest in this application this is merely a disclosure. Applicant: Home of the Good Shepherd SEQRA: Action appears to be Unlisted, with DRC, ZBA as other involved agencies. DRC pro-actively deferred lead agency on February 6, 2013, ZBA deferred on February 11, 2013. BACKGROUND: Project site was previously approved as Hearthstone 13 lot subdivision. Application proposes Senior assisted care facility-permitted in UR-1 (single family residential district) with special use permit and site plan review. Project was seen by Planning Board for sketch on July 15, 2012 and October 10, 2012. Area variance required to allow more than one principal structure on a single parcel. Variance will be considered by the ZBA. Architectural review required with DRC. In accepting lead agency. Planning Board will be required to complete environmental review as required under City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 13 of 15 SEQRA. Determination will be required prior to the ZBA consideration and taking any action on variance request. Applicant: Lee Rosen Agent: Jason Tommell, Tommell and Associates; Jeremy Schneibel, Tommell and Associates Owen Schnitzel, Bona Kim; Harris Sanders Architects Mr. Tommell gave a brief visual presentation of the project to update the Board. This is 5.8 acres in total. Review of how the Senior Living Community fits in with the character of the neighborhood. The cottages will be for independent living only. The facility will offer assisted living and enhanced assisted living. Parking has specific requirements 50 spaces are required, the applicant is providing 60. Mr. Tommell reviewed construction access, storm water and sanitary sewers and utilities on the site. We are proposing a lot line adjustment with the Home of the Good Shepherd to play off the berm. This allows us to align the side of the building along the berm. This will soften the entrance in this area. Final planting and landscaping will be presented in site plan. We are meeting with the City Engineer regarding utilities, such as sewer and water and stormwater management. Mr. Owen Schnitzel discussed the different levels of care offered and the layout of the facility and cottages. Tom L. Lewis, Vice Chairman asked if there was any further discussion from the Board. None heard. Tom L. Lewis, Vice Chairman asked if anyone in the audience would like to comment on this application. None heard. SEQRA: Tom L. Lewis, Vice Chairman reviewed Part II of the SEQRA short form EAF. 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. Mariesa Coppola seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, recused MOTION PASSES: 6-0 Special Use Permit consideration was deferred to a subsequent meeting of the Planning Board. Clifford Van Wagner, Chairman resumed this duties of the chair. APPROVAL OF MINUTES: City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 14 of 15 Clifford Van Wagner, Chairman stated we will now approve meeting minutes. Tom L. Lewis, Vice Chairman made a motion to approve the minutes of the January 23, 2013 meeting as submitted. Dan Gaba seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, abstained; Howard Pinsley, in favor; Mariesa Coppola, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0-1 Dan Gaba made a motion to approve the minutes of February 13, 2013 meeting as submitted. Philip Klein seconded the motion. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Bob Bristol, abstained; Howard Pinsley, in favor; Mariesa Coppola, in favor; Tom L. Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman, in favor MOTION PASSES: 6-0-1 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 12:00 A.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 3/27/13 City of Saratoga Springs Planning Board Minutes – February 27, 2013 - Page 15 of 15

Agenda

CITY OF SARATOGA SPRINGS CLIFFORD VAN WAGNER, Chair TOM L. LEWIS, vice chair PHILIP W. KLEIN P LANNING B OARD DAN GABA  HOWARD PINSLEY City Hall - 474 Broadway MARIESA COPPOLA Saratoga Springs, New York 12866 ROBERT F. BRISTOL Tel: 518-587-3550 fax: 518-580-9480 www.saratoga-springs.org Planning Board Meeting – February 27, 2013 City Council Room – 7:00 PM Agenda Workshop: Monday February 25, 2013 at 5pm in the City Council Room Salute to Flag Applications under Consideration: 1. 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. 2. 13.002 Excelsior Avenue Mixed Use Development, Excelsior Avenue and Marion Avenue, public hearing for special use permit for mixed use buildings featuring commercial and residential uses in the Transect-5 District. 3. 13.006 Excelsior Avenue Mixed Use Development, Excelsior Avenue and Marion Avenue, site plan review for mixed use buildings in the Transect-5 District. 4. 13.008 135 South Broadway Redevelopment, 135 South Broadway, special use permit for office, medical offices/clinics in the Transect-5 District. 5. 13.013 Subdivision of 250 Grand Avenue, 250 Grand Avenue, public hearing for a three lot subdivision in the Urban Residential-2 District. 6. 13.010 Schrade Insurance Building, 227 Washington Avenue, public hearing for a special use permit for office, real estate office, and residential uses in the Transect-4 District. 7. 12.040.1 Schrade Insurance Building, 227 Washington Avenue, site plan review for a mixed use building in the Transect-4 District. 8. 13.015 Saratoga Honda, 3402 Route 9 (South Broadway), request for lead agency by Zoning Board of Appeals for proposed expansion of the structure in the OMB-1 and OMB-2 Districts. 9. 13.003 Doyle Proposed Zoning Map Amendment, southeast corner of Jefferson and Gridley Streets, proposed amendment from Institutional Horse Track Related (INST-HTR) to UR-2, request for advisory opinion from the City Council. 10. 13.009 Home of the Good Shepherd, 394-402 Church Street, public hearings for a special use permit for senior assisted care facility and senior housing in the Urban Residential-1 District. B. Approval of Minutes: 1/23/13, 2/13/13 Next meeting: Wednesday March 13, 2013 (w/ March 11, 2013 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 2/27/2013 3:51 PM

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