Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JULY 24, 2013 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chairman; Tom L. Lewis, Vice Chairman; Dan Gaba; Philip Klein; Robert Bristol; Howard Pinsley; Mariesa Coppola STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:04 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: 13.031 RIP VAN DAM HOTEL, 353 Broadway, site plan review of hotel and banquet hall in the Transect-6 District. 13.032 ELLSWORTH MIXED USE BUILDING, 120 Division Street, site plan review of mixed use building featuring residential and commercial space in the Division Street Planned Unit Development District. 13.033 SUBDIVISION OF LANDS OF MISSIONARY (ST. CLEMENTS CHURCH), 231 Lake Avenue, public hearing for a three lot subdivision in the Institutional-Education District. 13.035 SUBDIVISION OF LANDS OF PAQUET, Old Schuylerville Road, public hearing for a two lot subdivision in the Rural Residential District. COMMENTS FROM THE CHAIR: 11.010.4 SIRO'S UPDATE: Noise monitoring equipment in place at 2 locations as required. Correspondence provided from Bob Sweeney providing update of generator which is no longer being required at site. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, September 9, 2013 at 4:00 P.M. Planning Board Workshop, Monday, September 9, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, September 11, 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. 13.048 CELLCO/VERIZON WIRELESS, 35B Nelson Avenue (Saratoga Gaming and Raceway), SEQR environmental review of a proposed new telecommunications facility in the Institutional Horse Track Related District. SEQRA: Action appears to be a Type I action "any Unlisted action occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that is listed on the State Register of Historic Places." Property is substantially contiguous to Saratoga Race Track, which is on the State and National Registers. The track is a contributing property within the Union Avenue National Register District. Other involved agencies include the Planning Board for Site Plan Review and DRC for Architectural Review. ZBA pro-actively deferred Lead Agency status to the Planning Board on June 10, DRC pro-actively deferred Lead Agency status to the Planning Board on June 5. BACKGROUND: Proposed action is to construct a new telecommunications facility, including a 103' high tower disguised as a television tower. Host parcel is Saratoga Gaming and Raceway, a 160 acre parcel within the INST-HTR District. A use variance (with ZBA), site plan review with the Planning Board and Architectural review with DRC are required for the application. A balloon float was conducted and before and after views were provided. Towers are proposed to be disguised as a television tower. Proposed equipment building and future equipment shelters could be disguised as a barn similar to those on the site. Applicant: Cellco Partnership d/b/a Verizon Wireless Agent: Jessica Vigers, Cooper, Irving Savage, Attorneys for the applicant. Rick Andress, RF Engineer, Verizon Wireless Ms. Vigers stated the results of the balloon float were emailed to all Board Members and staff. She provided a brief overview of the project for the Board. Based on the balloon float and the photo simulations prepared any visual impact would be minimal. Mr. Andress, RF Engineer Verizon Wireless stated the canister has been reduced from 22 foot diameter to a 15 foot diameter. The only way to further reduce the size of the canister is to raise the height of the tower. Nextel, Sprint, T Mobile and AT and T. Discussion ensued regarding the height of the tower and increasing the height an additional 10 feet to negate the need for additional towers and the ability to add an additional user. City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 2 of 8 SEQRA The Board reviewed Part II of the EAF form and determined no large or important areas of concern noted. PUBLIC HEARING: Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. It was the consensus of the Board to increase the height of the tower from 103 feet to 113 feet to allow for an additional carrier to be added and to allow for the growth of the trees in the area. Clifford Van Wagner, Chairman asked if there are any further questions or comments from the Board. None heard. 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, and Appendix B of that form visual EAF addendum I make a motion that the impact 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. The height of the tower is not to exceed 113 feet. Dan Gaba seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Bob Bristol, in favor; Philip Klein, 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 2. 12.027.1 HOME OF THE GOOD SHEPHERD, 394-402 Church Street, site plan review of 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. Applicant: Home of the Good Shepherd, Rosen Development. City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 3 of 8 Agent: Lee Rosen, Rosen Development Corporation; Denise Cote, Home of the Good Shepherd; Owen Nitzel, Harris Sanders Architects; Trent Martin, KA Martin Engineers, Michael Brooks, & Jason Tommell, Tommell and Associates 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. Planning Board accepted lead agency status, reviewed Part I and 2 of the long EAF, and issued a SEQRA negative declaration on February 27, 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. Special use permit was approved by the Planning Board on May 8, 2013. Project was last seen by the Planning Board on June 12, 2013. Architectural review required with DRC. Saratoga County Referral prior reviewed 2/21/13 "approve" The Saratoga County Planning Board recognized that review of the applications for a special use permit and site plan review could be processed concurrently with a variance action before the zoning board of appeals. Both of the City Planning Board actions – the special use permit and site plan review were approved by this agency; however, the approval for the site plan is conditioned upon the applicant obtaining the requisite variance from the City Zoning Board of Appeals. Jason Tommell gave a visual presentation of the landscaping and lighting plan. Sidewalks will be internal to the site. Discussion ensued regarding the installation of sidewalks along Route 9 N. It was the consensus of the Board to continue the sidewalks on the south side of Route 9N to the curb cut. Kate Maynard, Principal Planner stated the City Engineer did have some minimal comments which were forwarded to Mr. Tommell this date regarding SWPPP. Tom L. Lewis, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Philip Klein made a motion for Site Plan Approval with the note to continue the sidewalks from Kirby Road westward to the curb cut at the subject parcel. Bob Bristol seconded the motion. Tom L. Lewis, Vice Chairman asked if there was any further discussion. None heard. VOTE: Dan Gaba, in favor; Bob Bristol, in favor; Philip Klein, in favor; Mariesa Coppola, in favor; Howard Pinsley, in favor; Tom L Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman recused MOTION PASSES: 6-0-1 City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 4 of 8 Clifford Van Wagner, Chairman resumed his position as Chairman of the Planning Board. Tom L. Lewis, Vice Chairman resumed his position as Vice Chairman of the Planning Board. 3. 12.004 RYNICK PROPERTIES SARATOGA SPRINGS LLC (DENNY’S), 468 Louden Road, sketch site plan in the Weibel Avenue Planned Unit Development District. Applicant: Rynick Properties, LLC Agent: Trent Martin, KA Martin Engineering; Michael Brooks, Jason Tommell, Tommell and Associates SEQRA: No SEQRA action is required with a sketch plan. Action appears to be a Type II action. BACKGROUND: Project is within Weibel Avenue Commercial PUD. Site plan approval granted for site including Denny's and future retail establishment by the Planning Board on February 6, 2002. Proposed action involves an expansion and reconfiguration of approved parking lot area for 2 buildings. Project last seen for sketch before Planning Board at its January 25, 2012 meeting. Denny's appears use has expanded from approved site plan – number of seats. This occupies additional parking than what was approved with site plan. Appears eating and drinking may be proposed use for 3200 SF retail building approved with site plan. More information is needed for proposed uses to calculate parking requirement and whether the overall amount would be over 20% requirement, triggering consideration of a waiver by Planning Board. The property is in close proximity to ACOE wetland. Buffer not associated with ACOE wetland unlike 100 buffer to DEC wetland. Steep grades that will require an engineered solution – Gabian wall, fill, etc., Jason Tommell provided a visual presentation of the project to the Board. Clifford Van Wagner, Chairman stated the Board has made many visits to the site. I think this does not work. You have an approved pad in a different location, which is where it should be. There is a higher demand for parking that what was previously approved. The City Engineer does have many concerns with this. I have many concerns with this. Personally I do not see this working. Howard Pinsley stated he does not know how we can make any decisions without the approval of Tim Wales, City Engineer. Jason Tommell stated the City Engineer does not like to comment on sketch plans. Clifford Van Wagner, Chairman stated from a planning perspective I am uncomfortable with this. Philip Klein stated the marketability of the site would dictate that you place it at the other end. There is a much easier project in moving this project to the approved site. City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 5 of 8 Bob Bristol stated this is not an acceptable plan. Tom L. Lewis, Vice Chairman stated he does concur with the Board members. The Board is not happy with the presentation and design. Requested applicant to rework the plan and resubmit. Jason Tommell, agent for the applicant thanked the Board for their candor. 4. 12.002.1 THE THIRSTY OWL WINE COMPANY AND BISTRO, 184 South Broadway, modification to site plan in a Transect-5 (T-5 Urban Neighborhood) District. Applicant: Ted and Josh Cupp Agent: Jason Tommell, Tommell and Associates BACKGROUND: Planning Board issued special use permit and site plan approval on January 25, 2013. On-site changes were made that are not in accordance with the approved site plan. The applicant has fulfilled some of the original outstanding concerns, the remaining items are the subject of the correspondence and proposed modifications before you. The matter was denied administrative action approval and referred to the Planning Board for review. Clifford Van Wagner, Chairman stated there are 16 items which are in violation of the site plan and four items which are Planning Board items which are areas of concern. The four areas of concern by the Planning Board were reviewed. - The approved site plan called for roll away dumpsters. The applicant placed a dumpster. - Curbing required at edge of sidewalk abutting parking spaces was not constructed, instead is flush. This was required to provide separation from pedestrians and parked cars. Bumpers can be an issue related to plowing, being broken over time, moved. For Board to consider – require installation of curb, or is modification acceptable with bumpers. - There was a patio proposed, the enclosure of site has changed markedly from site plan approved. A wrought iron fence and knee wall along property boundary to open areas, and arborvitae enclosed wine garden area. This enclosed area designed to "contain" outdoor eating and drinking activity. Currently open along side. Is further enclosure desired – i.e., original approved plan, or additional enclosure added to current on-site conditions. - A row of arborvitae is within City ROW. If the Planning Board deems concept acceptable, could require plants be relocated onto their property. Should they remain, recommend notification within NOD that at any point as needed the City can require removal of the plantings within their ROW. Clifford Van Wagner, Chairman stated we will review each item individually. The first issue is trash removal. Mr. Josh Cupp stated he is the owners son. He stated he knew nothing of the site plan approval and is just as upset as the Board. Regarding item #1 Mr. Cupp stated County Waste has been contacted and the dumpster has been removed and roll off service will be in place with no pick up before 8 A.M. Clifford Van Wagner, Chairman stated regarding the second issue, curbing. The proposed curbing was not constructed. City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 6 of 8 Discussion ensued regarding what the site plan stated and what the applicant would like to do. The applicant will review plans and present them to the Board for further review. Clifford Van Wagner, Chairman stated there was a patio proposed, the enclosure of site has changed markedly from site plan approved. A wrought iron fence and knee wall along property boundary to open areas, and arborvitae enclosed wine garden area. This enclosed area designed to "contain" outdoor eating and drinking activity. Currently open along side. In discussion with Mr. Josh Cupp he indicated no further enclosure is desired. Size of patio is sufficient. The applicant has built less than what was requested allowing for more green space. This is not a problem with the Board. Clifford Van Wagner, Chairman stated we are moving on to the fence. The Board reviewed the fencing which was proposed along with the proposed masonry wall. Dan Gaba reiterated his opinion on the fencing which was proposed and that it should remain as originally proposed. The applicant has received a 90 day Certificate of Occupancy to operate facility. Any and all Planning Board issues must be completed or the Certificate of Occupancy will cease. The applicant will appear at the first meeting in September. The clock is ticking on this 90 day Certificate of Occupancy. We will see you on September 11, 2013. APPROVAL OF MINUTES: Dan Gaba made a motion to approve the minutes of the June 26, 2013 meeting with additions, and corrections as submitted. Howard Pinsley seconded the motion. VOTE: Dan Gaba, in favor; Bob Bristol, in favor; Philip Klein, in favor; Mariesa Coppola, abstained; Howard Pinsley, in favor; Tom L Lewis, Vice Chairman, in favor; Clifford Van Wagner, Chairman in favor MOTION PASSES: 6-0-1 Philip Klein made a motion to approve the minutes of the July 10, 2013 meeting with additions and corrections as submitted. Dan Gaba seconded the motion. VOTE: Dan Gaba, in favor; Bob Bristol, in favor; Philip Klein, 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 – July 24, 2013 - Page 7 of 8 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 9:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/25/13 City of Saratoga Springs Planning Board Minutes – July 24, 2013 - Page 8 of 8