Planning Board

PLANNING BOARD MINUTES WEDNESDAY, MARCH 13, 2013 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Tom L. Lewis, Vice Chairman, Dan Gaba; Philip Klein; Robert Bristol; Mariesa Coppola ABSENT: Tom L. Lewis, Vice Chairman, Howard Pinsley STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Mark Schachner, Legal Counsel to the Planning Board CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:03 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. -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. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, March 25, 2013 at 4:00 P.M. Planning Board Workshop, Monday, March 25, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, March 27, 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. 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. 2. 13.006 EXCELSIOR AVENUE MIXED USE DEVELOPMENT, Excelsior Avenue and Marion Avenue, site plan review for mixed use buildings in the Transect-5 District. Clifford Van Wagner, Chairman provided the following background information. SEQRA: Project appears to be an Unlisted Action; full EAF submitted. DRC is other involved agency. Prior Special Use Permit approved by the Planning Board 07/09/03. Prior Site Plan approved by the Planning Board 10/15/03. Architectural Review 10/21/04, extended 06/01/06. Construction halted in 2007. All approvals preserved as start of actual construction occurred. Letter of Credit in place for $444,756 associated with former approved project. Planning Board required additional securing and screening of site in December 2010. Project last seen by the Planning Board on February 13, 2013. Current Plan 20,000 square foot grocery store. 20,000 square foot retail building 41 apartment units – increased from former 30 units. Applicant: Beechwood Associates, LLC, Andre Schmid Agent: Dave Carr, LA Group; Corrina Martino, LA Group Mr. Carr provided the Board with the following updated information, progress and revisions on this project. The big issue is traffic. Information was received from the Department of Transportation, and generally speaking they agreed with the majority of the traffic analysis with one comment. Department of Transportation agreed with the geometrical layout Creighton Manning proposed adjusting the turn lanes. One turn lane would be a through and left turn and one would be right turn only. The Department of Transportation is asking for a cross walk across Route #50 and Marion Avenue. We will comply with this request. This also ties into the Excelsior improvements. We will be working on the off site improvements, over the next two weeks, to comply with SEQRA regulations and that is why we requested not to have a vote tonight. We have made some changes, increased the residential units from 30 to 41 and reduced the commercial space by 6,000 square feet. This was done during the financing phase of this project. Parking will remain the exactly the same. Two additional handicapped parking spaces were added. A tree belt was added along the access road from Excelsior. A dedicated bus stop will be added in front of the building. The bus stop at the corner of Marion and Excelsior and East and Excelsior will be removed per the request of CDTA. Three crosswalks will be added at the corners of Marion and Excelsior. The fire department requested 2 additional fire hydrants which we have added and the chain link fence will be removed along Route #50 and replaced with more of an architectural style. Minor adjustments have been made to curb radii. We will be revising the sidewalk layout within the site to make it more of a direct route into the site. Bike racks will re relocated. Clifford Van Wagner, Chairman asked if there were any comments from the Board. None heard. City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 2 of 11 Clifford Van Wagner, Chairman, asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman stated that the Public Hearing will remain open. The applicant will return in two weeks for the Special Use Permit. The Board recessed at 7:21 P.M. The Board reconvened at 7:30 P.M. 3. 13.008 135 SOUTH BROADWAY REDEVELOPMENT, 135 South Broadway, Special Use permit for office, medical offices/clinics in the Transect-5 District. SEQRA: 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 the property will remain on the tax roles, it will not be tax exempt. Saratoga County will lease this property from the owner, Frank Parillo. 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. 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. Applicant: Saratoga Prime Properties, Frank Parillo Agent: Mike Toohey, Attorney' Mike Ingersoll, LA Group; Applicant: Peter Lacey, Assistant Director Saratoga County Mental Health 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 City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 3 of 11 into one. Many misconceptions exist regarding the operation of the Saratoga County Mental Health Unit. This is a permitted use in this zone. Mr. Toohey reviewed the current businesses in this location. There is significant commercial use in this area. Mr. Toohey reviewed the criteria for special use permits and compatibility with the neighborhood. The uses within this 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. No more density will be added to this site. Most of the clients travel by car, cab or bus There is safe efficient pedestrian access. There are curbs and sidewalks in this area. We will provide car, cab or public transportation access. The clients will come to the property for their appointments. Two state agencies will review the site plan and transportation accessibility the New York State Office of Mental Health and the New York State Office of Substance Abuse. We believe the existing sidewalk system is more than adequate for what is needed. There are no environmental issues involved with this project. The next part deals with the Comprehensive Plan that the revisions are consistent with what is going on. Transect-5 zone does allow medical offices. The lease on this property is for 10 years which is the maximum lease term allowed by the County. Clifford Van Wagner, Chairman asked if there will be any overnight stays at this facility. Mr. Peter Lacey, LMSW and Assistant Director of Saratoga County Mental Health, stated we have no overnight stays at this location. Clifford Van Wagner, Chairman stated this can be part of the condition of approval as well as no methadone clinic. No pharmacy on site however medical staff may administer medications to clients. Clifford Van Wagner, Chairman asked if there was any comment or questions from the Board. None heard. Kate Maynard, Principal Planner provided information regarding written correspondence received from the following individuals: Bonnie Sellers, 73 5th Avenue. Mark Porteus, 65 Webster Street. Amanda Blodgett, no address given. Bob Blodgett, no address given. Paula Platt, no address given. Peter Kodogiannis, no address given. Lorraine Gardephe, no address given. Kristen Brenner 21 St. Rose Ct. Susan Getswch 3445 Galway Road. Teresa Taylor, 8B Old Hickory. William and Colette Fox 143 Washington Street. Pat Godell, 18 Horizon Drive. Joan Smith, 330 Route 9. Lisa Paganin 34 Spa Drive. 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. City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 4 of 11 Kristina Jaskoff, 608 Acton Boulevard, Ballston Spa. I am a certified peer specialist as well as a member of the Board of Directors of the Depression and Bi-Polar Support Reliance of Saratoga County. It disturbs me to hear of the comments made at a previous Planning Board meeting. We need compassion and support from the people in our community. We need to move ahead from the stigma of the mentally ill. John Tigue, Rowland Street in Milton. The County will be paying the property taxes. No public transportation readily available. Sex offenders and DWI offenders who are sentenced to treatment will also be in this building. Cliff Darfler, Jr. 196 North Greenfield Road, Porter Corners. I saw some comments in the newspaper and I did not like them. I am in recovery. I suffer from an illness. I hope you have compassion and care for our likes with proper medications we are average citizens. LeAnn Williams, 19 Northway Court, across from Four Winds Hospital. I worked for the mental health unit in the mid 80's when Four Winds was built and I was aware of the same furor that existed in the community much as this now. I have lived here for 17 years and have not been aware of one incident of anybody from Four Winds having a negative impact on our community or neighborhood. The people seeking treatment want to get well. This is a very positive thing happening here and I welcome these services at our end of the town. Phil Diamond, 55 Railroad Place. I have had mental illness in my family and they have been treated and helped. I believe that anyone with this illness should have the best treatment and care possible. The value of the land around the proposed clinic will not go up but will go down. Look for another site. John Denovo, Director of Public Safety at Saratoga Hospital. I am proud to tell you I have been in public safety for the last 35 years, the last seven years at Saratoga Hospital. I would like to comment that we have experienced no adverse behavior from the clients at the Saratoga County Mental Health Offices connected to our hospital. Susan Mosley, 9 Cedarwood Drive. Spoke about her son who suffers from mental illness who is and has been a client of the Saratoga County Mental Health for the last 15 years. A wonderful young man and a productive member of society. Saratoga County Mental Health Services serves as a beacon of hope for their clients and their families. Carol Joyce, Saratoga Springs. The people who are against this are very compassionate people. We are just against the location and the County paying the taxes. Amber Kurschner Osterhout. Spoke about her brother a paranoid schizophrenic. 6 years at the Saratoga County Mental Health he worked hard and inspired me to fight stigma. He is one of millions living a full life with mental illness. I ask the community to welcome my brother. Be empathetic. Clifford Van Wagner, Chairman stated the public hearing will remain open. Mr. Toohey stated if Saratoga County builds a facility it will be tax exempt. The concern regarding pedophiles and risks, the Mental Health unit does not treat pedophiles or sex offenders. The value of the land will not go down. This will enhance the property values. I do ask that the public hearing be closed since we have had two public hearings. Clifford Van Wagner, Chairman instructed the Board to discuss what we have heard. We have had a Medical Office/Clinic that is not a methadone clinic, that does not treat walk ins, services are by appointment . This building has been vacant four or five years minimally. If this Special Use Permit is granted the applicant then comes before this Board for Site Plan review and the Design Review Commission for Mass and Scale of the building. We will review ingress and egress, parking, lighting, sidewalks, etc., City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 5 of 11 Dan Gaba asked for confirmation of the hours. Mr. Lacey, LMSW – Assistant Director Saratoga County Mental Health stated the Hours of Operation are 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. Philip Klein asked Mr. Toohey to review the neighborhood where this project is proposed. Mr. Toohey reviewed the neighborhood of the proposed project. Clifford Van Wagner, Chairman stated the Board was requested to be read into the record a memorandum to the Planning Board and Staff by Commissioner Michelle Madigan, dated March 13, 2013. This is a follow-up to my email dated 2/27/2013 to the Planning Board regarding 135 South Broadway, special use permit for office, medical offices/clinics in the Transect-5 District. I understand this will be discussed and possibly voted on at the Planning Board meeting tonight and I want to ensure that the Planning Board has reviewed this location to ensure there is not an adverse affect on "long-term economic viability of the proposed site, neighboring properties and districts." I continue to have strong concerns over the placement of a medical facility on South Broadway. I believe a medical facility is not in sync with the character or economy of this area of our city and believe there are more beneficial uses for this site location. I am in support of a medical center, and understand the Planning Board is charged with reviewing this particular location for the proposed medical facility. However, I believe this is not the appropriate site for such a facility and reiterate my opinion that the proposed facility is not in-line with the economic viability of this area. Perhaps the Planning Board could consider this medical facility in the future when a more desirable location in Saratoga County and/or Saratoga Springs, is brought forward for review. I am happy to discuss my concerns with you or any member of the Planning Board. Thank you. Michele Madigan Commissioner of Finance Clifford Van Wagner, Chairman stated he is a third generation native of Saratoga and I am proud of it. I have been hurt by the derogatory comments which I heard. I understand Zoning, Planning and this community. I live here and I work here, and I am hurt by those comments. It is time to call for a vote. We have heard the comments and respect what was said on both sides. I am overwhelmed by the comments made in favor of this. The applicant has done a great job. Economic viability was answered. GAPS Committee met and this is an opportunity to increase not decrease the values of the property in this area. This is an appropriate use. Dan Gaba made a motion to close the public hearing. Bob Bristol seconded the motion. VOTE: City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 6 of 11  Philip Klein, in favor; Dan Gaba, in favor; Mariesa Coppola, in favor; Bob Bristol, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 5-0 Clifford Van Wagner, Chairman closed the public hearing at 8:30 P.M. Mariesa Coppola would like to make a motion for a Special Use Permit in the matter of the 135 South Broadway Redevelopment, 135 South Broadway with the following conditions: The Mental Health Clinic is limited to three specific subsets including, a day treatment facility, alcohol and drug outpatient services, and psychiatric mental health clinic. All of these uses are by appointment only, limited to the hours of operation from 8 – 5 during the week Monday through Friday with the exception of two week nights allowing operation until 9:00 PM. With this use we will be excluding any methadone clinic use, and the addition of any pharmacy. The staff will administer drugs but not dispense. No overnight stays, this is strictly a day facility. If any of these conditions change they will need to return before the Board for additional approval. Dan Gaba seconded the motion. Mark Schachner, Counsel to the Planning Board suggested that you would consider amending the motion to to include the criteria for special use permits. Mariesa Coppola amended her motion to include the following: In approving the special use permit for this application the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan. The density, intensity and compatibility of the use with the neighborhood is positive. Safe and efficient pedestrian and vehicular access was illustrated. Specific pedestrian access will be further reviewed in site plan. There is no significant increased demand on infrastructure, public facilities and services. No adverse effect on environmental and natural resources of the site and neighboring lands including erosion, flooding or excessive light, noise vibration and the like. No adverse effect on the long term economic viability of the site, neighboring properties and districts. Dan Gaba seconded the amended motion. Clifford Van Wagner, Chairman stated if this motion is approved both Site Plan Review by this Board and Architectural Review would be needed by the Design Review Commission. Kate Maynard, Principal Planner, City of Saratoga Springs noted this is a Type II action and no further SEQRA review is necessary. Clifford Van Wagner, Chairman asked if there is any further discussion. VOTE: City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 7 of 11  Philip Klein, in favor; Dan Gaba, in favor; Mariesa Coppola, in favor; Bob Bristol, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 5-0 The Board recessed at 8:36 P.M. The Board reconvened at 8:50 P.M. 4. 12.044 SARATOGA EXIT 15, 84 Weibel Avenue, site plan review of telecommunications tower in the Transect-5 District. BACKGROUND: Use Variance received under application by SBA Network Services, Inc., from ZBA on May 23, 2011. Planning Board last saw the application on January 9, 2013. Upon consideration of potential location, applicant went to ZBA, secured area variance relieving requirement from full tower height setback. While discussed extensively within ZBA review of the use variance, the specific location of the cell tower on site has not yet been determined, allowing for the Planning Board to retain its ability to consider within site plan review. Per Zoning Ordinance, minimum setback required to be equal to the height of the tower. Variance has been secured from ZBA and is returning to the Planning Board for site plan review. The applicant will appear before the Design Review Commission for Architectural Review. Applicant: Independent Towers, Dan Schweigard SEQRA: SEQRA Negative Declaration issued by the ZBA on April 11, 2011. Mr. Schweigard reviewed the project and the proposed location they are requesting for the tower. The Zoning Board of Appeals approved the Use Variance and following the approval by this Board we will appear before the Design Review Commission for Architectural Review. We will be using 6 ft trees for screening. Sheds will be used to house equipment. Four carriers can be accommodated on this tower. These sheds are approximately 11 ft x 20 ft. Each carrier requires their own shelter. We do have enough space for these equipment compounds. We will landscape these areas along all sides, essentially screening all sites. Access road available on site for access to the storage sheds and the tower site. Clifford Van Wagner, Chairman stated this application will appear before the DRC for Architectural Review. They will review sheds, fencing, and landscaping. We have discussed tree removal, buffering on all sides of the tower. Keep as much on site vegetation as possible. Tower and accessory structures should be adequately screened and secured. 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 any further questions or comments from the Board. None heard. City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 8 of 11 PUBLIC HEARING: Clifford Van Wagner, Chairman closed the public hearing at 9:09 P.M. Bob Bristol made a motion to approve the site plan for the telecommunication tower on the northeast corner of the site as shown on the submitted plan by the applicant. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman stated the special conditions would be the buffering up one quarter of the driveway with minimally 6 foot trees and the planting of blue spruce and arborvitae, and fencing. The fence that covers this structure needs to be entirely covered with arborvitae. The applicant needs to assure this Board he will do what he has specified will be done. The applicant will preserve the trees which are on the three sides of the proposed 60 x 60 fenced in area. Mr. Schweigard stated he assures the Board this will be done. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Philip Klein, in favor; Dan Gaba, in favor; Mariesa Coppola, in favor; Bob Bristol, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 5-0 4. 13.011 SCHRADE INSURANCE BUILDING, 227 Washington Avenue, site plan review for a mixed use building in the Transect-4 District. SEQRA: Planning Board accepted lead agency status and issued a SEQRA negative declaration on February 13, 2013. BACKGROUND: Project was last seen for review on February 13, 2013. Special Use Permit for office, real estate office and residential uses approved. Architectural review with the Design Review Commission is 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). Clifford Van Wagner, Chairman stated the Board had some questions regarding some site work, drainage and sidewalks, trees and streetlights. Applicant: Rick Schrade Agent: Peter Loyola, CLA Site City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 9 of 11 Mr. Loyola stated there is no bedrock at this site. Sandy soil. Visual presentation was provided to the Board regarding stormwater management. The City Engineer has met with the applicant and the applicant has met all the regulations and requirements. Underground detention system will be used to handle stormwater. Improvements to the street scape will be made. Mr. Loyola reviewed the location of street trees and overhead power line for electric along the street will make complying with sidewalks, street trees and street lights cumbersome. Sidewalks are not aligned with what is currently located along Washington. Previously advised to relocate sidewalk further in to avoid snowplow depositing snow on walk, also proposed location is directly over the City water main. Bike rack will be installed as well as 17 off street parking spaces. Downward facing lighting proposed along front of structure for nighttime use. Trash cans will be housed in the proposed 8'12' shed. Carport has been reduced in size. This is an open air carport a free standing structure. Stockade fence along the north property line. Snow storage areas reviewed. PUBLIC HEARING: Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. Constance Carroll, read some concerns from Sara Foulk, regarding the trash and if it will be sufficient enough to handle all the trash. The applicant believes the trash cans will accommodate the trash. Constance Carroll, is concerned regarding the amount of pedestrian traffic in this area with parents walking children home from school and to the playground. Also concern was voiced regarding water backup. Also regarding the canopy over the 6 feet and the fence is 6 feet how will that look. I appreciate your listening. Erica Friday, I live on Newton, one block over. I would like to request a complete snapshot of the neighborhood. This has been requested on other applications and she would like to see that for this particular project. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. Jeff Armstrong 53 Bensonhurst. He is concerned regarding pedestrian traffic. This is a busy spot, especially when school lets out. PUBLIC HEARING: Clifford Van Wagner, Chairman closed the public hearing AT 10:30 P.M. Discussion ensued regarding the carport height, and how to enhance the aesthetics of this area, as well as fencing and lighting. Clifford Van Wagner, Chairman stated the applicant has made concessions regarding the carport. Bike rack will be provided. Street trees, street lights, fire hydrants, sidewalks, which will be reviewed in the field. Some items will be finessed as the project moves along before the final drawings are signed. Bob Bristol made a motion to approve the site plan. 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 – March 13, 2013 - Page 10 of 11 VOTE: Philip Klein, in favor; Dan Gaba, in favor; Mariesa Coppola, in favor; Bob Bristol, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 5-0 APPROVAL OF MINUTES: Clifford Van Wagner, Chairman deferred approval of the meeting minutes until the next meeting on March 27, 2013. 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: 3/27/13 City of Saratoga Springs Planning Board Minutes – March 13, 2013 - Page 11 of 11