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Planning Board

Regular Meeting

Saratoga Springs, NY · October 8, 2014

Agenda

Agenda

PLANNING BOARD MINUTES (FINAL) TUESDAY, OCTOBER 8, 2014 7:00 P.M. CITY COUNCIL ROOM PRESENT: Mark Torpey, Chairman; Robert Bristol, Vice Chairman; Clifford Van Wagner; Dan Gaba; Philip Klein; ABSENT: Howard Pinsley LATE ARRIVAL: Tom L. Lewis, arrived at 7:09 P.M STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs. CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG: ANNOUNCEMENT OF RECORDING OF PROCEEDING: Mark Torpey, 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: 14.010 SUBDIVISION OF LANDS OF HARRISON, 180 Meadowbrook Road, public hearing for a two-lot subdivision in the Rural Residential District. 14.008.1 CONGREGATION AND YESHIVA PARDES YOSEF DORMITORY, 1 Veteran's Way, consideration of SEQRA Lead Agency and SEQRA project review in the Urban Residential-1 (UR-1) District. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, October 20, 2014 at 4:00 P.M. Planning Board Workshop, Monday, October 20, at 2014 at 5:00 P.M. Planning Board Meeting, Wednesday, October 22, 2014 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. 14.053.1 GUARINO AND HANER – 21 Park Place, consideration of SEQRA lead agency for 3 additional residential units including construction of new two-family residences, a two-unit addition to an existing three family residence in a UR-4 District. SEQRA: Action appears to be a Type I action – substantially contiguous to Congress Park – Casino – Circular Street. National Register District across Regent Street. Coordinated review is required. Planning Board is an involved agency – Site Plan Review is required. Long EAF submitted as required. ZBA requested SEQRA Lead Agency at their meeting. BACKGROUND: Site Plan review approval granted on March 3, 1987 for site improvements associated with construction of a third residential unit in the R-4 district. The project is currently before the ZBA seeking relief from the minimum front yard setback and maximum principal building coverage requirements. Site plan review is required for multi-family residential in the UR-4 District. Applicant: David Guarino and Angela Haner Agent: Mike Toohey, Attorney Mr. Toohey provided an overview of the project for the Board noting this is multifamily zone – UR-4. The applicants are increasing green space to 42%. Revised plans relocate the garage to the rear of the structure. Currently 10 trees on the site and 8 will be saved. This use is permitted within the zone. The application is subject to Site Plan review by the Planning Board. Currently one three family unit exists with the addition of two two unit condos for a total of 7 condo units. Four new additional residential units are proposed. The Saratoga Springs Preservation Foundation have been on the site, however no written comments have yet been received. The brick sidewalks are to be retained. No DRC purview. Discussion ensued regarding possibly requesting an Advisory Opinion from the Design Review Commission. Kate Maynard, Principal Planner requested two clarifications one is turning movements and the radius questioned. Also the movement of the garage removed freestanding to now attached. Mr. Guarino explained the circulation of the traffic and turning radius should not be a problem. PUBLIC COMMENT: Mark Torpey, Chairman opened the floor to public comment. Betty Mastroianni, 125 Regent Street. She has restored 2 homes in Saratoga. She is against condo's being built. This is a heavily trafficked area. Jim Lombardo, 35 Park Place. Spoke regarding setbacks. Traffic increase as well as parking is also a concern. Robert Toole, Regent Street. Landscape architect. My main concern is the incredible specimen oak trees, planted over 200 years ago. These trees are the most significant resource on the site. Would like to have the city arborist review the trees. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 2 of 10 Ashley Gardner, 105 Regent. Concern regarding the trees and questioned regulations protecting them. Neighbors are opposed to this project. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. Tom L. Lewis stated he is fine with the deferral of Lead Agency Status to the ZBA. Mark Torpey, Chairman stated there are two areas of concern on the SEQRA form and that is the proposed project consistent with the existing community character, and is the proposed action inconsistent with the predominant architectural scale and character. Also the applicant should contact the city arborist regarding the trees. Clifford Van Wagner made a motion to defer SEQRA Lead Agency Status to the Zoning Board of Appeals, requesting that the applicant obtain a non binding Advisory Opinion from the DRC. Tom L. Lewis seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 The agenda was heard out of order. 5. 14.054 TROJANSKI, 3 East Broadway, public hearing for a two lot subdivision in an Urban Residential-2 (UR-2) District. RECUSAL: Board member Dan Gaba recused himself from this application. SEQRA: Action appears to be an unlisted action. BACKGROUND: This is a two lot subdivision proposed in a neighborhood experiencing a high level of redevelopment. This is adjacent to McKenzie's Way, near Chloe's Way and a number of smaller subdivisions constructed/approved in the past few years. Applicant: Dave Trojanski Agent: Paul Male City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 3 of 10 Mr. Male stated this is a two lot subdivision at the corner of East Broadway and Cleveland. This is in a UR-2 zone, minimum lot size is 6,000 square feet. One lot has an existing home on it and it will stay with a lot size of 12,925 sq.ft. The new lot will have an area of 6,973 square feet in excess of minimum requirements. Meet all the setbacks. Public sewers and public water. Curbs and sidewalks will be added along the East Broadway piece. Street lighting will be added. There are a few other items which were discussed with the City Engineer and will be added to the final plans. Mark Torpey, Chairman requested the Board review all the items the City Engineer has voiced concerns over. Mr. Male articulated the areas of concern were several spelling errors, several details were missing. - Addresses for both lots. - Show the existing signs at both intersections. - Trees in or near the Right of Way will be saved. - Several map references may be incorrect. - We show the construction entrance, water service and sewer lines. The City Engineer requested we write proposed on those items. - Some details were fuzzy as far as reading them and the City Engineer requested they be cleaned up. - Slope of the sewer line on Doten. - Questions on some trees. There are a number of spruce trees out there and the intent is to try and maintain those trees either in the right of way or very much adjacent to the right of way. We would like to save those and move the sidewalk around those. If they are lost we will replace those trees per City Standard with 100' spacing in this district. Kate Maynard, Principal Planner stated the street light spacing has been discussed. There are several other projects that are being completed in this area. The city calls for 150' staggering of the street lights. We need to check existing street lights or what is proposed in this area to determine the degree of spacing. Other comments in terms of the curb along East Broadway. If the Board is looking for the Spruces to remain we will need to work with the applicant for placement of the curbing to have an impact on the trees. Concerning the lot to be created there is a question regarding buffering primarily to the rear especially since this project abuts McKenzie's Way. We are looking for buffering the side property and to the rear. In speaking with the Building Department concern was with the above ground pool on the existing lot. The concern is with the permit issued and what currently exists. Question if pool permit was issued and the main concern was safety, mainly proper fencing. No violation exists at this time. Dave Trojanski, spoke regarding trees to the right will remain. Buffering to the left of the property nothing exists and we will be happy to provide buffering to the City's satisfaction. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 8:23 P.M. Judy Coke, 7 Cleveland Avenue. Buffering requested. Frustrated with the amount of traffic. Kate Maynard, Principal Planner stated these property owners were encouraged to check the Capital Improvement Budget. Wally Berger, 10 Cleveland Avenue stated the whole area under flux. Capital Improvement Plan is a step in the right direction. His concern is that the trees will be disturbed, as well as the traffic increase. Dr. Robert Nielson, 7 Cleveland Avenue. Concern regarding water, buffering and the safety issues as well. Mark Torpey, Chairman stated Part I of the SEQRA short EAF form is accurate as submitted by the applicant. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 4 of 10 The Board reviewed Part II of the SEQRA form and no large or important areas of concern were noted. SEQR DECISION: Robert Bristol 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. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Philip Klein, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, in favor MOTION PASSES: 5-0 Kate Maynard reviewed the conditions for the subdivision: - trees on East Broadway to be preserved, sidewalk constructed to ensure the trees survival. - arborvitaes are to remain on the south property boundary. - street light spacing in accordance with city's regulations. - trees to be planted to staff satisfaction along the newly established lot line. - trees between the property of 10 Cleveland Avenue and new lot be preserved at all costs. Clifford Van Wagner, made a motion in the matter of the application of Trojanski, 3 East Broadway two lot subdivision be approved with the above listed conditions. Philip Klein seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Philip Klein, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, in favor MOTION PASSES: 5-0 The Board recessed at 8:40 P.M. The Board reconvened at 8:44 P.M. Dan Gaba resumed his position on the Board. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 5 of 10 3. 14.057.1 RITE AID, 90 West Avenue and 242 Washington Street, Consideration of SEQRA Lead Agency and SEQRA environmental review in a Transect-5 (T-5) Neighborhood Center District. Applicant: Rite Aid Agent: Matthew J. Jones, Justin Grassi, Jones Firm; Jaclyn Haake, MJ Engineering SEQRA: Action appears to be an Unlisted action with coordinated review with ZBA (Area variances proposed) and DRC (Architectural Review). ZBA and DRC have proactively deferred to the Planning Board should you wish to assume lead agency status. Special Use and Site Plan review are required with the Planning Board. BACKGROUND: Existing Rite Aid pharmacy currently occupies portion of the site. Project contemplates demolition and new construction as provided within plans. Site plan also based on purchase and integration of 242 Washington (car wash site directly adjacent) West/Washington Avenue area has experienced much redevelopment in the past 10 years including Country Club Estates (Central and Outlook neighborhood), Mohr's car wash and site improvements. Washington Commons, Schrade building, 2 West Avenue (currently under construction). Surrounding residential and residential coming online with development creates opportunity for neighborhood mixed use environment. Sidewalks have been installed and are now connecting, allowing people to reach destinations on foot or to exercise. As an evolving area with a mix of existing and new development, urban design and attention to details is very significant to ensure area has true walk able, mix of uses that contribute to the west side. Mr. Jones stated the applicant is looking to establish SEQRA Lead Agency Status. He provided a brief background of the site location, and property. The existing Rite Aid has been in operation at this location for 22 years. They are currently under contract to purchase the Touch Free Car Wash at 242 Washington Street which is contingent upon receipt of the necessary approvals. Ms. Haake, MJ Engineering provided a visual presentation of the proposed concept for the new project reviewing alternative designs, elevations, signage, ingress and egress from the site. The applicants are researching opportunities for green infrastructure to the extent that the site affords. 46 parking spaces required, 60 are proposed. Mr. Jones stated a lighting plan to be proposed at site plan review as well as stormwater management plan. PUBLIC COMMENT: Mark Torpey, Chairman opened the public comment period at 9:18 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. SEQRA: Clifford Van Wagner, made a motion in the matter of the Rite Aid, 90 West Avenue and 242 Washington Street, for the Planning Board to accept Lead Agency Status for SEQRA. Bob Bristol, Vice Chairman seconded the motion. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 6 of 10 Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 Mark Torpey, Chairman stated SEQRA Part I was submitted by the applicant per regulations. Kate Maynard, Principal Planner stated there are several issues in Part I which are of concern, one is the issue regarding no substantive impact on traffic, and the second is if a traffic study has been completed to review trip generation. Jaclyn Haakes, MJ Engineering stated we have not done a trip generation study but we believe with the car wash being demolished it would balance trip generation. Some evaluations have been studies but no traffic analysis has been completed at this time. Discussion ensued regarding SEQRA Part II and several items which particularly apply to this application in the T-5 Zone. The Board then reviewed SEQRA Part II, where no large or important areas of concern were noted. SEQR DECISION: Robert Bristol 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. Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 4. 14.038 CITY CENTER PARKING GARAGE, 522 Broadway, SEQRA environmental review for a parking facility within the Transect-6 (T-6) Urban Core District. 5. 14.052 CITY CENTER PARKING GARAGE, Maple and High Rock Avenues, public hearing for a two lot subdivision in the Transect-6 (T-6) Urban Core District. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 7 of 10 SEQRA: City Council (City property, lease agreement) City Center Authority (financing) Planning Board Subdivision and Site Plan approvals required DRC Architectural review required City Council and DRC deferred lead agency with anticipation that the Planning Board would seek Lead Agency Status. City Center Authority ceded lead agency status to the Planning Board on July 9, 2014. Planning Board accepted lead agency immediately after. BACKGROUND: Kate Maynard, Principal Planner stated the following information was received by Staff since the Joint Board Meeting. Cover correspondence from Matt Jones CME response to staff comments. Illustrations from High Rock looking south at parking structure Illustrations from Maple Avenue looking south a two block distance away at proposed parking structure over City street. Shadow study completed of proposed structure Revised subdivision plans. Correspondence received since Joint Board Meeting A letter received from Denise Desmond. Email correspondence from Sam Broughton. Email correspondence from Carol Maxwell. Email correspondence from Michael Leach. Email correspondence from Gabriella Bartlette. Email correspondence from Barbara Iverson. Email correspondence from Adriene Wingfeld. Email correspondence from Mary Dunbar. Applicant: City Center Authority, Mark Baker Agent: Matthew J. Jones, Jay Staszak, Envision Architecture, Joseph Dalton, City Center, Michael Ingersoll, LA Group, Wendy Holsberger, Creighton Manning Engineering Mr. Jones stated Michael Ingersoll, LA Group will present to the Board a shadow study. Wendy Holsberger, Creighton Manning Engineering will present a traffic study analysis. Jay Staszak and Mike Ingersoll will provide a visual presentation of the view shed, as well as conceptual renderings which are new. Mr. Ingersoll, LA Group reviewed a shadow study which was completed for the project. A visual presentation was provided for the Boards review. The shadow study was completed for all four seasons at the same time for each study. Wendy Holsberger, Creighton Manning Engineering reviewed the traffic impact assessment which was completed for this project. The parking structure is not a trip generator in itself. The parking structure will support the City Center City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 8 of 10 but the City Center currently supports events at the Center. Methodology of the traffic assessment is really the same study consistent with other development projects. We do data collection, volume projects and our analysis and need for mitigation. We looked at High Rock Avenue and Lake Avenue, Ellsworth Jones Place and Maple Avenue, as well as Broadway with Ellsworth Jones Place. These are key intersections which will supply traffic to the parking garage. Driveway volumes at the two entrance locations were projected using traffic volume in the area. Comparisons were made before and after construction. We projected traffic increase potential using statistics from the City Center and several venues hosted there. Intersections operates very well with a level of service A to B. High Rock Avenue/ Lake Avenue intersection level of service has gone from a C to D. Site driveway approach to High Rock Avenue level of service from an A to B. Average delay of 2 seconds. This is very minor. Michael Ingersoll reviewed a visual analysis of the project. A visual presentation of the view shed was provided for the Board review, using a ¼ mile distance radius was used for this analysis. Conceptual renderings were provided for the Boards review. The context in which this is set is very clear. We are not out of keeping in context of the built environment. Kate Maynard, Principal Planner questioned if there was any leaf off photos for consideration. Michael Ingersoll stated there are some deciduous and coniferous trees in this area. We are not saying you won't see during this period you will see it. Mr. Staszak, Envision Architecture provided an overview of the site with a visual presentation. Provided input on some changes which are currently proposed. Review of site circulation was provided. Access stairway will now be placed outside the parking structure. This is one of the changes which were made. Access to the parking structure will be available even when there is no event at the City Center. Cross sections of the underpass were also presented. Lighting under the underpass is still being considered. Elevations have not changed. Agora space covered area is 38 feet deep. We will be developing this space for use as civic space. Mr. Jones stated in response to some correspondence and concerns from the public has over the agora space. We do not have any program set at this time. It will be civic space. We will be in contact with groups in the community. When that is completed we will then return and present that to the Board. It will change over time. PUBLIC COMMENT: Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application regarding SEQRA. Dorrie Sisonell, 38 High Rock Avenue, questioned the size of the structure. What could be built on the other lot in the future. Mr. Jones stated the City Center is only leasing 1.6 acres of the 2 ½ acres which are there. That leaves one acre which belongs to the City of Saratoga Springs to be developed. Erin Pedinotti, 53 York Avenue. The environmental design is in conflict with aesthetic resources. It does have an impact with existing land uses and out of context with the community character. I am also a member of the Mouzon House Family and we will be visually obstructed by this structure and will affect our business. John Rockwell, 133 York Avenue, does not like the idea of a parking garage. Questioned usage of another location. Diane Pedinotti, 38 Pinewood Avenue, one of the owners of Mouzon House. Shadow is being created on our business. The view south will be non-existent. This is a historic building which adds to the aesthetic of the City. City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 9 of 10 It will no longer be seen. Air quality study should be done. Dead street is being created. There will be a long term effect of this structure on this area as well as a decrease in property values not to mention this is our family business. David Pedinotti, 38 Pinewood Avenue, that lot belongs to the City of Saratoga and we are talking about subdividing it. Very few people in the City like this design. Why are we proceeding with this design. There is a problem with shadowing of the building. The building is going from east to west. We are concerned about noise, pollution and traffic congestion. Denise Desmond, is against this design. The City Center is an important part of this City. The applicants should consider the neighbors when designing this structure. This project is in close proximity to High Rock Park and the Mouzon House. I am against this design. This is doing harm. Peter Guttos, 168 Denton Road. I am concerned regarding the greenbelt trail. Maple Avenue is the main thoroughfare for our bike trail. Mark Torpey, Chairman asked if there was any further comments from the public. None heard. Mark Torpey, Chairman asked if there was any further questions or comments from the Board. Bob Bristol, Vice Chairman stated he has been developing a whole series of notes which he would like to share with the Board. There are five basic issues which are to be considered, with subsets to those issues. There is a lot of things which are going in the right direction with this project, however, there are some which still need revisiting. Mark Torpey, Chairman stated he would like to review Part I of the SEQRA EAF form. Several questions needed clarification. The acreage needs to be clarified. Anticipated time frame for construction. Net increase or decrease in parking. Questioned outdoor lighting plan. Clifford Van Wagner, made a recommendation not to begin the SEQRA process due to the lateness of the hour as well as the additional information which Vice Chairman Bob Bristol provided to the Board members. It was the consensus of the Board to review SEQRA Part II for this application at the next Planning Board Meeting on October 22, 2014. APPROVAL OF MINUTES: Approval of meeting minutes was deferred to the next Planning Board Meeting, October 22, 2014. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 11:11 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 10/22/14 City of Saratoga Springs Planning Board Minutes – October 8, 2014 - Page 10 of 10

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