Planning Board

PLANNING BOARD MINUTES (FINAL) WEDNESDAY, OCTOBER 9, 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 Tim Wales, City Engineer, City of Saratoga Springs CALL TO ORDER: Clifford Van Wagner, Chairman called the meeting to order at 7:00 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 PENDING ADDITIONAL INFORMATION: 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. 13.031 RIP VAN DAM HOTEL, 353 Broadway, site plan review of hotel, group entertainment, and eating and drinking in the Transect-6 District. 13.055 HAMILTON STREET PARKING GARAGE, Hamilton Street between Congress and William Streets within the Transect-6 District, special use permit for parking structure. 13.056 HAMILTON STREET PARKING GARAGE, Hamilton Street between Congress and William Streets within the Transect-6 District, site plan review. COMMENTS FROM THE CHAIR: MEADOWBROOK ESTATES – Letter of Credit Extension – Approved by the Chair. JOSEPH STREET SUBDIVISION – Letter of Credit Extension – Approved by the Chair. MOUZON HOUSE – Letter of Credit Extension – Approved by the Chair. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, October 21, 2013 at 4:00 P.M. Planning Board Workshop, Monday, October 21, 2013 at 5:00 P.M. Planning Board Meeting, Wednesday, October 23, 2013 at 7:00 P.M. PRIVILEGE OF THE FLOOR: Opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. A. APPLICATIONS UNDER CONSIDERATION: 1. 13.061 POINT CENTER MORTGAGE, LLC East side of Route 9, South Broadway consideration of SEQR Lead Agency, coordinated review for a 600 foot driveway, wetland crossing and proposed mitigation in an Office Medical Business -1 District. Applicant: Point Center Mortgage, LLC Agent: Artie Tompkins, Wet Lands Scientist; EDP; Paul Olund, EDP; Lorraine Conoby, Real Estate Broker SEQRA: Action appears to be a Type I action due to its location across from Saratoga Spa State Park. DEC has initiated SEQR coordinated review for the action. ADDITIONAL AGENCIES INVOLVED: DEC initiated Lead Agency. NY State Parks NYSDOT BACKGROUND: APPLICATION ACTION COMMENTS 95.48-3 lot subdivision lands of 3 lot subdivision denied, 2 lot Subdivision was not filed at the Frank Juliano proposed subdivision approved on County. Approval expired. 05.063-2 lot subdivision proposed Initiated SEQRA coordinated Last appeared before the Planning review and requested Lead Board on 11/06/2006. Agency on 12/07/05. Proposed action is for a curb cut onto Route 9, 27 ft wide, 605 ft driveway being constructed to access the upland portion of the site. Applicant has stated they do not yet have a definitive use proposed for the site. Site is the subject to an illegal subdivision – according to EDP, it appears the subdivision was established through deed. Application for Land Disturbance Permit and Subdivision are required for City approvals for current application. Neither has been submitted at the present time. City of Saratoga Springs Planning Board Minutes – October 9, 2013 - Page 2 of 5 Clifford Van Wagner, Chairman stated the issue to consider here is if the Planning Board would like to seek Lead Agency status for this application or defer it to the DEC. In correspondence from the DEC they note they are in favor of the Planning Board becoming the Lead Agency. A response is need by Friday, October 11, 2013. The Planning Board has two options they can accept the Lead Agency Status and responsibility of environmental review, with coordination of comments from other involved agencies. The second option is the Planning Board can defer Lead Agency status to NYSDEC. Comments, considerations and recommendations can be incorporated into the deferral if it is so determined. Mr. Olund from Environmental Design Partnership and agent for the applicant Point Center Mortgage, LLC stated we have an Army Corp of Engineers Wetland disturbance permit submitted and we have received some comments from them. We have been working with them for a wetland crossing permit. The DEC is also involved because it is a DEC jurisdictional wetland. Mr. Olund provided the Board with a visual presentation of the site. This project site is approximately 17 ½ acres. We are focused in the front due to a wetland stream corridor which runs from northeast to southeast. The owner has a desire to cross that via a permit to access the unconstrained lands. Our location with respect to our curb cut is fairly fixed as well. We are trying to cross the wetland stream at a right angle to minimize the impact. A distance of 200 feet across the wetland was calculated. We are proposing a culver and partial embedment to provide mitigation for wildlife. We also are providing some buffering to the state park lands. Artie Tompkins, EDP stated the mitigation will be approximately .8 acres of forested wetlands. There is .2 acres of upland and enhancement around that. The entire area will be approximately 1 acre. Because we are crossing a forested wetland the mitigation ratio is 2:1. Mitigation will be accomplished with some larger trees and shrubs and ferns. We try to use plants that grow in the existing wetlands and match adjacent wetlands in depth. Discussion ensued regarding the illegal subdivision which previously occurred on this property. Kate Maynard, Principal Planner stated in 1996 a two lot subdivision was approved and never acted on. In 2006 the two lot subdivision was proposed to cure the illegal deeded subdivision and that request was withdrawn. It remains an outstanding issue. Kate Maynard, Principal Planner reviewed some items for the Board to consider is accepting Lead Agency Status, or to provide additional comments to the DEC in your deferral of Lead Agency Status. As a Board you should consider the environmental issues, the site of the proposed crossing through the wetland area and its impact. Perhaps an alternate location with shared access on park property. The area of action, identify how this action being considered. Different items to consider, segmentation, in terms of looking at the action is it a functional independent phase not interdependent with anything else in sight. Drainage impacts on what is being proposed in proximity to wetland area. A full SWPPP will be required prior to the start of the project. Is this befitting all vehicular traffic per the City's desire as well as pedestrian traffic. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner, Chairman stated a letter was received by the Board from SHPO. A copy was provided to the applicant. Mr. Olund stated the applicant is required to receive a wetlands permit and a stream disturbance permit from the Army Corp of Engineering. There are currently no plans for construction. The Army Corp of Engineers will not move forward with this application without further information from the City. Also the roadway will be constructed to city standards and will be wide enough for future development per zoning. We came up with a section with 11 foot carriageway lanes with wing guttering on the side. It will be feathered out and graded on the side. Stormwater City of Saratoga Springs Planning Board Minutes – October 9, 2013 - Page 3 of 5 management will need to be addressed. A soil disturbance permit will need to be reviewed by this Board. The area is approximately 8.2 acres after wetland mitigation for development. Discussion ensued among the board members regarding Lead Agency Status. It was the consensus of the Board to defer Lead Agency Status to the DEC with a list of recommendations. Howard Pinsley made a motion to defer Lead Agency Status to the DEC with a list of recommendations. Philip Klein seconded the motion. Clifford Van Wagner, Chairman asked if there was any further discussion. Dan Gaba stated he would like to add that this Board retains the right for SEQRA review of any further action on this site. Clifford Van Wagner, Chairman stated we have asked the City Engineer Tim Wales to attend this meeting and give his comments on the technical side. Tim Wales, City Engineer stated the following comments/suggestions. Minimum land disturbance permit with further drawings with more details, such as soil information request. City Consulting Land Use Attorney to review the information. A Full SWPPP will be required. Mitigation area for construction access and post construction monitoring. Hydrology and soil information. Water and sanitary situation, none currently exists in this area. Aging water line – city is looking to upgrade. Traffic impacts, perhaps a traffic study might be in order. Very expensive for infrastructure placement. Philip Klein stated this stream dumps into the Kaydeross Creek which is a class A trout stream. Clifford Van Wagner, Chairman stated this is a portion of an illegal subdivision separated by deed only. DEC should consider a hypothetical build out. VOTE: Dan Gaba, in favor; Bob Bristol, opposed; 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: 6-1-0 PRIVILEGE OF THE FLOOR: Clifford Van Wagner, Chairman re-opened the privilege of the floor. RECUSAL: Dan Gaba recused himself from this portion of the meeting. Marceline Taylor, 49 Doten Avenue. She is concerned regarding the development in the area. Water issues in her basement currently. Covers remain over the drains. The City Engineer agreed to visit this site with public works in the morning. Dan Gaba resumed his position on the Board. City of Saratoga Springs Planning Board Minutes – October 9, 2013 - Page 4 of 5 B. DISCUSSION Kate Maynard reviewed the SEQR updated revised short and long Environmental Assessment Forms and provided the Board with an overview. APPROVAL OF MINUTES: Dan Gaba made a motion to approve the meeting minutes of the September 25, 2013 Planning Board Meeting. Philip Klein 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: 7-0 MOTION TO ADJOURN: There being no further business to discuss Clifford Van Wagner, Chairman adjourned the meeting at 8:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/23/13 City of Saratoga Springs Planning Board Minutes – October 9, 2013 - Page 5 of 5