Planning Board

PLANNING BOARD MINUTES (FINAL) WEDNESDAY, SEPTEMBER 25, 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 Mark Schachner, Consulting Attorney for the Planning Board 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: 4. 13.039 DOYLE LOT LINE ADJUSTMENT, southwest corner of Jefferson Gridley and Streets, lot line adjustment proposed within the Urban Residential-2 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. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, October 7, 2013 at 4:00 P.M. Planning Board Workshop, Monday, October 7, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, October 9, 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. 11.002.1 BUFF ROAD SUBDIVISION EXTENSION, Buff Road and Route 9N, extension of 15-lot subdivision in the UR-1 and RR Districts. Applicant: Manuel Ballestero Agent: Jere Tatich, Élan Planning and Design BACKGROUND: Subdivision approval granted November 15, 2012 with 180 approval expiration on August 14, 2013. Application for extension received prior to expiration. 90 day extension would be until November 15, 2013. Mr. Tatich stated there are several items which still need to be completed with regards to the SWPPP. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Philip Klein made a motion in the matter of the Buff Road Subdivision Extension that the application for a 180 day extension be approved. 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 2. 13.059 VERIZON CELL TOWER, 2202 Route 50 South, consideration of SEQRA Lead Agency, coordinated review for 95' monopine cell tower and associated equipment within the Highway General Business District. Agent: David Weisenreder Applicant: Verizon Wireless SEQRA: The ZBA initiated coordinated SEQR Review and sought Lead Agency status on September 9, 2013. Action appears to be an Unlisted action. Other involved agencies include the Planning Board for Site Plan Review and DRC for Architectural Review. Clifford Van Wagner, Chairman asked if there was any further questions or comments from the Board. City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 2 of 10 None heard. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Dan Gaba made a motion to defer Lead Agency Status to the Zoning Board of Appeals for the Verizon Cell Tower, 2202 Route 50 South along with a recommendation for a Balloon Float and illustrations which accompany the float. Full SWPPP is required as well as an updated survey. Howard Pinsley 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 3. 13.049 SARATOGA HOSPITAL MEDICAL/PROFESSIONAL PUD PROPOSED MAP AND TEXT AMENDMENTS, 211 Church Street, consideration of SEQRA lead agency, coordinated review for proposed map and text amendments. Applicant: Saratoga Hospital Agent: Matthew J. Jones, Attorney; Justin Grassi, Jones Firm; Mike Ingersoll, LA Group; Jon Primeau, Architect BACKGROUND: Planning Board issued a favorable advisory opinion for action to the City Council SEQR is being considered for the entire potential action – potential zoning change as well as potential future site plan and architectural review before Planning Board and DRC. Per 09.24.13, the City Council is seeking SEQR Lead Agency for this action. Mr. Jones reviewed some of the highlights of the application for the Board. Mr. Ingersoll reviewed the site plan. New sewer lateral will enter on Myrtle Street. Water services have existed previously in this location. Stormwater management was discussed and will flow through an infiltration basin. We are really focused on the front streetscape and creative green space. The new building fits in. Mr. Jones stated the applicant will be before the Planning Board on October 9, 2013. 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 were any questions or comments from the Board. None heard. Tom L. Lewis, Vice Chairman made a motion to defer Lead Agency Status to the City Council for the Saratoga Hospital Medical/Professional PUD proposed map and text amendment. City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 3 of 10 Bob Bristol 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 5. 13.031 RIP VAN DAM HOTEL, 353 Broadway, site plan review of hotel, group entertainment, and eating and drinking in the Transect-6 District. Applicant: Presidian Saratoga Hospitality Group, LLC; Stanton Lettie; Tony Ianiello; Jim Quinn; Ken Rotundo Agent: Tony Stellato, CHA; Nick Schwartz, Landscape Architect, Matt Chauvin, Attorney for the applicant Christina Downey, traffic engineer SEQRA: Action appears to be a Type I with DRC as additional involved agency. DRC deferred SEQRA Lead Agency on May 1, 2013. Planning Board assumed Lead Agency on May 22, 2013. SHPO is an interested agency under SEQR materials and request for any comment sent on May 17, 2013. No comments have been received to date from SHPO. 30 day comment period has been exceeded. BACKGROUND: Project site is within the National Register District. Historic Review with DRC is required. Project last seen by the Planning Board on May 22, 2013. Mr. Stellato stated the Board revised the EAF to one form per the Board’s request. Responded to technical comments via a letter to staff. We have also been in contact with Creighton Manning to address traffic. Some revisions have been made and we will be back before the Board on October 23, 2013. We are not here to discuss traffic we will however, discuss the issues regarding the hotel. The first item is deliveries under the hotel and the largest delivery trucks would be out in the street. We met with the architectural team and we revised the lobby and the loading dock. Trucks can now pull in to deliver. We met with Commissioner Scirocco and Public Safety and they are very supportive of this idea. The Commissioner stated this will make it easier to plow with the new configuration. Clifford Van Wagner, Chairman asked if there were any further questions or comments from the Board. None heard. Nick Schwartz, landscape architect reviewed the changes to the streetscape. Stormwater management was reviewed. Visual presentation will be provided to the Board when the applicants return on October 23, 2013. Clifford Van Wagner, Chairman requested some photos of what the streetscape will look like, size of trees would be helpful. Horizontal views are also requested. 6. 13.055 HAMILTON STREET PARKING GARAGE, Hamilton Street between Congress and William Streets within the Transect-6 District, special use permit for parking structure. City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 4 of 10 7. 13.056 HAMILTON STREET PARKING GARAGE, Hamilton Street between Congress and William Streets within the Transect-6 District, site plan review. SEQR: Action appears to be a Type I action due to its location adjacent to a National Historic Registry District with the DRC as an additional involved agency. SHPO is an interested agency. Submission will be sent to seek any input to assist lead agency in review of potential impacts and SEQR determination. BACKGROUND: Project is proposed in coordination to serve off-site parking needs for the Rip Van Dam proposed expansion. Two story garage is proposed with a total of 207 parking spaces potential to construct a third story that would result in a total of 285 spaces. COUNTY REFERRAL: "No significant countywide or intercommunity impact. As the project is located in a T-6 district within which there are no requirement for parking, or principal concern to the city will be a determination of whether the proposed parking garage provides sufficient parking for all needs of the associated hotel. Currently there exists on the site roughly 65 vehicles/spaces for surface parking. The proposed garage must provide for the needs of a 170 room hotel with valet parking plus the banquet hall and a 40 space requirement in the deed for Palio. Our review of the approved hotel was based upon the understanding that off-premises parking would be provided to meet the needs of all hotel uses." Applicant: Presidian Saratoga Hospitality Group, LLC; Stanton Lettie; Tony Ianiello; Jim Quinn; Ken Rotundo Agent: Tony Stellato, CHA; Nick Schwartz, Landscape Architect, Matt Chauvin, Attorney for the applicant Mr. Stellato proceeded to review the parking garage with a visual presentation to the Board. The project is proposed in coordination to serve off-site parking needs for the Rip Van Dam's proposed expansion. The proposed parking structure will not be available for public parking, it will serve off-site use only. Kate Maynard, Principal Planner reviewed some issues for the Board to consider. The current plan does not reflect strong guidance within the City's Zoning Ordinance to have a liner building or to accommodate the future construction of liner building, useable civic space at the first floor level. It is a walkable destination. If that is not being provided immediately the ordinance further states that parking structures should be set back a minimum of 50 feet from the property lines of all adjacent streets to reserve room for liner buildings. If no liner building is constructed in conjunction with construction of the parking structure, the yard should provide publicly accessible civic space. It is within the Boards jurisdiction to understand the City's vision with this mix of uses to be implemented even with a parking structure. What is currently provided does not fit what this guidance calls out for in the zoning ordinance. Clifford Van Wagner, Chairman stated the first level of all parking structures should be visually screened from the street right of way. Does this parking structure meet this requirement. Mr. Stellato stated no it does not. Ms. Maynard stated the north side and the two sides should be screened. Vertical landscaping, a grow wall or possibly to further screen the sides of the structure. There is also a question with regards to the proximity to Congress Plaza and a possible pedestrian connection to be formalized on the site. City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 5 of 10 Mr. Stellato stated we are concerned about who would maintain the stairway. The pedestrian connection belongs on Congress Street. We do not feel it is appropriate to have a public use of a private property for a cut through. Clifford Van Wagner, Chairman stated for the next meeting can you provide the Board with an overview of the surrounding properties, impacts of the surrounding areas via an aerial view. Kate Maynard, Principal Planner requested more information concerning security. Stanton Lettie stated when the valet is not present, the security officer will assume the duties of the valet. There will be a security officer at the hotel and one at the garage. Mr. Stellato stated the garage will be completed before the CO is requested on the hotel. We hope to return back to the Board in October with a revised traffic study, and final site plan review and action on SEQR. The Board recessed at 8:17 P.M. The Board reconvened at 8:21 P.M. Clifford Van Wagner, Chairman stated the Board will postpone reviewing the combined Part I since the Board did not receive the information. We will review this information for review at the next meeting. Philip Klein asked the applicant to address the linear building. Also to consider one more story on the parking garage and create spaces for the employees. Perhaps you could provide some reasons why you agree or why you disagree. PUBLIC HEARING: Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman stated there will be no action taken this evening. The public hearing will remain open. Mark Schachner stated the SEQRA encompasses both aspects related to the project. The EAF deals with both pieces and should be fully descriptive of the hotel and the parking garage as well. Kate Maynard requested the new construction plans of the street scape and the changes to the loading dock area. Also the screening on the four sides of the parking garage with new drawings. Bob Bristol requested a 3D visualization of the project for ease in viewing. The Board recessed at 8:33 P.M. The Board reconvened at 8:44 P.M. 9. 12.002.1 THE THIRSTY OWL WINE COMPANY AND BISTRO, 184 South Broadway, modification to site plan in the Transect-5 (T-5 Urban Neighborhood) District. Applicant: Ted Cupp Agent: Jason Tommell, Tommell and Associates City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 6 of 10 BACKGROUND: The Planning Board issues 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. The matter was denied administrative action approval and referred to the Planning Board for review. The enclosure of the site has changed markedly from site plan approved wrought iron fence and knee wall along property boundary to open areas and arborvitae enclosed wine garden area. ITEMS IN VIOLATION OF SITE PLAN: - Drywells. Submitted and approved change. - Concrete Curbs in the parking area – outstanding. Staked dividers were suggested. - Rolling trash receptacles - completed. - Water service - accepted. - Sanitary sewer – connection not provided as per plans, reliance on existing connection stated. – outstanding. To be videoed and City staff will review integrity. - On site drainage – catch basin relocated. - Patio area is not enclosed. – Not an issue. - Detectable Warning Strips not provided. - Will be installed. - Small retaining wall installed around sign. – Field change. - Wrought iron fence not installed. – To be installed 3 ft decorative aluminum or wrought iron. - Relocate the dilapidated stockade fence on the property line. To be replaced. - Bike rack – installed. - Reserved Sign – installed - Steps are not recessed – Not an issue - Gate installed privacy gate – not an issue. - Stop Sign – has been installed. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Tom L. Lewis, Vice Chairman made a motion to approve the modifications to the existing site plan. 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 9. 13.005 KAMEN CENTER, 120 West Avenue, modification of site plan of office and retail building in the Transect-5 District. Agent: Jason Tommell, Tommell and Associates City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 7 of 10 Clifford Van Wagner, Chairman stated communication was drafted and sent to Mr. Kamen from Kate Maynard Principal Planner, City of Saratoga Springs. This correspondence states what still remains to be outstanding issues – 8 Norway Spruces to be planted on the property line. Gravel parking lot was installed without approval of the Planning Board. Site plan modification application requests were ignored. Correspondence received by the Planning Board was read into the record: Kristin Brenner, 21 St. Rose Court, stating disapproval of the site, dated September 25, 2013. Dave Goff- Amy Hettrich, 13 St. Raymond Court, stating disapproval of the site, dated September 25, 2013. Lonny Fiber, 21 St. Rose Court, stating disapproval of the site, dated September 25, 2013. Robert Braim, 24 St. Rose Court, stating disapproval of the site, dated September 25, 2013. Steven Shaw, Building Inspector dated September 25, 2013 stating violations which currently exist. Letter of Credit Extension will not be extended per request of the City Engineer. Dan Gaba made the following motion: WHEREAS S & D Realty Management LLC (the "Applicant") seeks approval for a modification to the site plan approval and; WHEREAS the proposed project has been subject to careful consideration over the course of the project review; NOW, THEREFORE BE IT RESOLVED that the Planning Board hereby makes the following findings, determinations and certifications: The Planning board has strongly encouraged the applicant over seven years to complete the site work as approved. Numerous violation issues have been documented on the site including non-compliance with approved site plan conditions, and unapproved modifications to the site plan. The subject of the current proposed modification application is an unapproved parking area created on-site. There is currently a written site plan violation for the property as issued by the City of Saratoga Springs Zoning Enforcement Office Steve Shaw, it notes that 67 seats are currently present within the Fortunate Cup establishment, greatly exceeding site plan approved 30 seats. The applicant to date has not agreed to remedy this violation. The gravel parking area has not been constructed on the subject property, or to City standards contained within Section 6.2.7E of the Zoning Ordinance requiring "parking spaces shall be constructed with asphalt, concrete or other material that will provide equivalent protection against potholes, erosion and dust. Spaces shall be appropriately demarcated with painted lines or other markings." In addition, questions remain in regards to whether the grade of the parking spaces is appropriate, whether there has been drainage analysis, the existing light pole located within the parking area, and location of remaining landscaping has yet to be determined. These items were summarized within Planning Staff's June 12, 2013 e-mail correspondence to the applicant which is part of the record. While the unapproved parking are has increased the amount of available parking to serve the site's uses, it is noted that overflow parking for the site continues to occur on the parcel to the south. Thus it is found that the gravel parking area on the property does not remedy the existing parking situation or adequately address the Planning Board's concerns. For these reasons I move for a denial of the proposed site plan modification without prejudice. A separate application for the parcel to the north may be submitted for review to the Planning Board at any time by the applicant and be reviewed on its own merits. City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 8 of 10 Philip Klein seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. 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 APPROVAL OF MINUTES: Clifford Van Wagner, Chairman made a motion to approve the meeting minutes of the Joint Land Use Board Meeting dated June 24, 2013. Tom Lewis, Vice Chairman 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 meeting minutes for the July 24, 2013 Planning Board Meeting. 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 Philip Klein made a motion to approve the minutes for the September 11, 2013 Planning Board Meeting. Bob Bristol 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 – September 25, 2013 - Page 9 of 10 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 9:55 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/9/13 City of Saratoga Springs Planning Board Minutes – September 25, 2013 - Page 10 of 10