Planning Board

PLANNING BOARD MINUTES (FINAL) WEDNESDAY, OCTOBER 22, 2014 7:00 P.M. CITY COUNCIL ROOM PRESENT: Mark Torpey, Chairman; Robert Bristol, Vice Chairman; Clifford Van Wagner; Dan Gaba; Philip Klein; Howard Pinsley; Tom L. Lewis STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs. Mark Schachner, Counsel to the Planning Board 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. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, November 10, 2014 at 4:00 P.M. Planning Board Workshop, Monday, November 10, 2014 at 2014 at 5:00 P.M. Planning Board Meeting, Wednesday, November 12, 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. 13.022.1 CAFÉ LENA, 47 Phila Street, extension of site plan approval in a Transect-6 Urban Core District. SEQRA: No further action required with Site Plan Extension. Applicant: Café Lena (Stanley McGaughey, Board Chair). BACKGROUND: Planning Board issued site plan approval on April 12, 2013. Current expiration of approval was October 12, 2014, application for extension was submitted prior to this. Per the Zoning Ordinance, Planning Board may consider a total of (2) 18 month extensions of approval. Mr. McGaughey stated there is additional time needed to secure requisite funding for the project. He requested an 18 month extension. Kate Maynard, Principal Planner, stated the current extension if approved will expire April 12, 2016. An additional 18 month extension is allowed. Mark Torpey asked if there are any questions or comments from the Board. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor MOTION PASSES: 7-0 2. 14.038 CITY CENTER PARKING GARAGE, Maple and High Rock Avenues, SEQRA environmental review for a parking facility within the Transect-6 (T-6) Urban Core District. 3. 14.038 CITY CENTER PARKING GARAGE, 522 Broadway, public hearing for a two-lot subdivision in the Transect-6 SEQRA environmental review for a parking facility with the Transect-6 (T-6) District. Mark Torpey, Chairman stated a joint meeting was held with the Design Review Commission on September 27, 2014. A second meeting was held on this project by the Planning Board on October 8, 2014 and the applicant provided a presentation which touched upon several issues such as the shadow studies which was performed, a traffic analysis which was completed, and also visual impact drawings, sketches and renderings which provided a sense of what the project would look like from different views. We did review the SEQRA Part I form, which the applicant provided, for accuracy. There were several items which needed correction and the applicant has made those corrections and resubmitted the application on September 16, 2014. We will work our way through Part II of the SEQRA this evening. Staff will provide an update on materials received to date by way of comments and submittals. Identify what is posted to the website for review as well as key issues or outstanding items. The applicant will then provide any updates to the project. SEQRA: Mark Torpey, Chairman, stated the Planning Board is the Lead Agency for SEQRA. Action appears to be a Type I with involved agencies of: - City Council (City property, lease agreement) - City Center Authority (financing) - Planning Board (Subdivision and Site Plan approvals required) - DRC (architectural review required) City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 2 of 6 City Council and DRC deferred lead agency with anticipation that Planning Board would seek lead agency status. City Center Authority ceded lead agency to the Planning Board on July 9, 2014. Planning Board accepted lead agency. Mark Torpey, Chairman stated the SEQRA Environmental Assessment Form, is designed to determine potentially significant, large impacts. Items considered below are to assist the Planning Board frame potential considerations, additional information required to make a determination on individual Part 2 questions. Kate Maynard, Principal Planner, City of Saratoga Springs stated since our last meeting on October 8, 2014. There were several minor revisions to SEQRA Part I form. Updated SEQRA form was provided on October 10, 2014, which reflected those revisions that were requested by the Board at that time. That is in the process of being uploaded to the website. If anyone would like to review it you are welcome to come into the Planning Board Office and view it within the public file. Since the last meeting, Board Vice Chairman, Bob Bristol, provided the Board as well as the applicant with scoping comments as well as an outline of items which were requested for additional information. On October 20, 2014 we did receive a submission which answered some of those comments. An electronic copy is to be provided and will also be uploaded to the website. The October 8, 2014 presentation was submitted and that is also on the website providing additional information. View shed maps with additional views were provided. Research which staff has completed is also available on the web. Additional information was requested regarding the Mouzon House approvals which had taken place since its inception. Additional information particularly related to the solar panels, as well as copies of minutes as well. PUBLIC COMMENTS/CORRESPONDENCE RECEIVED SINCE THE LAST PLANNING BOARD MEETING: Sustainable Saratoga, submitted 10/22/14 from Harry Moran. Tom Duffy, submitted 10/22/14. Carey McAndrew, submitted 10/22/14. Ian Klepitar, submitted 10/22/14. Stephen Towne, submitted 10/22/14. Roger Goldsmith, submitted 10/22/14. Mary & Bob Pratt, submitted 10/22/14. Sam Brewtson, submitted 10/08/14. Matthew J. Jones, Attorney for the applicant requested Part II of the SEQRA Long Environmental Assessment form be completed by the Planning Board this evening. Mark Torpey, Chairman provided an explanation of how the Planning Board will review the SEQRA Part II process. The Planning Board reviewed all areas of the form identifying areas for more in-depth discussion. - Impact on Aesthetic Resources - Impact on Historic and Archeological Resources - Impact on Transportation PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 7:54 P.M. Karen Klotz, 232 Maple Avenue. Concern regarding proximity to High Rock Springs. Charlie Samuels. Very controversial project. Make a multi use project. Delay the project and allow the public to have much more say in regards to this project. City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 3 of 6 Suzanne Waszniewski. Appreciate you service to the City. I believe this should have gone before the City Council before it went to the Planning Board. This is the largest City owned parcel. This space needs a comprehensive plan that is in line with our comprehensive plan. There should be green space, workforce housing. There should be small business incubator space and parking. Elizabeth Haines, 152 Grand Avenue. This is a private company building on public property. Laura Rappaport, 22 Excelsior Springs Avenue. This project has a visual impact on the surrounding neighborhood, Mouzon House and Olde Bryan Inn. Reconsider this project and think about the impact on the community character. Recommend a community charet. Jonas Stallard, 19 Echo Ridge Drive. What do you think our ancestors would think of this project. Bill Springnether, I have also emailed correspondence. I am not here to oppose the parking garage. We need a vision for the future of the City. Harry Moran, 14 Patricia Lane. Chairman, Sustainable Saratoga. We have been advocating for a better review for this parking structure for over two years. We have asked for more public dialogue. Requested this project be in adherence with the City's comprehensive plan, compliant with zoning regulations and guidelines. James Stegman, Cromlin Drive. Interested in knowing why the petitioner is allowed to stand forward and we the people who are appearing before are not. It suggests a level of impropriety that seems to be at the heart of this project. Revisit the standards of this project. It does not even meet the basic requirements. Alan Mendelson, Broadalbin. This parking structure will be around for 70 years, this is something to think about. Jonathan Tingley, Attorney with Tuczinski, Cavalier and Gilchrist, representing the Pedinotti's. Information provided to the Board as well as written letter provided to the Board and applicant. One issue which was overlooked and that is noise. Long term impact during the summer. Short term construction noise, heavy equipment, extent of use, noise. This will directly affect their business. Question noise at the restaurant. They have been in business for 10 years. Carol Maxwell, Circular Street. Walkable city. Potential SEQRA issues regarding historical area. NYS designation. Lack of Comprehensive Plan thinking. Farmer's market relies on this parking area. Farmers are an important economic driver to the Community and should be considered. Rick Fenton. 23 Lefferts Street. There are visual impacts and significant ones. It will affect the community character. A positive declaration is nothing to be afraid of but will focus on the issues. Samantha Bosshart, Saratoga Springs Preservation Foundation. Written comments have been submitted to the Board. We are focused on the historic resources. This structure will be immediately contiguous to the Broadway historic district, which is listed on the National Register of Historic Places. We all recognize the need for parking. The City Center is a tremendous resource for our community especially downtown. We also recognize the need for parking. We are concerned regarding the Maple Avenue corridor and maintaining the historic character of this area. Denise Desmond, 11 Saratoga Farm Road. Questioned why SEQRA is done first. Questioned the shadow study and the impact of lighting. City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 4 of 6 Mark Schachtner, Counsel to the Planning Board provided information regarding SEQRA determination. Also what happens when a positive declaration is issued and the advancement to a Part III. Kathy Mendellson, Broadalbin. Questioned air quality and cumulative impacts of parking garages. Mark Lawton, 209 Nelson Avenue. Financial arrangements not sufficient information provided. Back to basic documents, hostile environment at street level. (Street traffic). Turn proposal back. John Ellis, 2 Callagan Drive has anyone thought of the Acquifer for the Springs. Has testing been done to see if drilling will affect the water and the springs. Core testing done prior to approval. Roger Goldsmith, Owner of Crafters Gallery for 21 years in business. Member of the City Center Board. City Center Authority is public authority and members are volunteers who work so we continue to be an economic engine. Pain occurs with progress. It was with their full knowledge that a structure would be built when the restaurant was opened. The Board recessed at 8:51 P.M. The Board reconvened at 9:07 P.M. Mark Torpey, Chairman stated the Board will begin to work through the SEQRA Part II form at this time. Mark Schachner, Legal Counsel to the Planning Board stated it is very important for the public, the applicant and the Board to remember the nature and the purpose of the SEQRA review exercise. The nature and purpose of this portion of SEQRA review is not about whether this is a good project or a bad project. It is not at this time about whether this project will be approved or denied, changed or anything else. The sole purpose of the SEQRA exercise is to make an ultimate determination of whether there are potentially significant adverse environmental impacts that require the preparation of an Environmental Impact Statement, or there are not potentially significant adverse environmental impacts and therefore no environmental impact statement is required. An Environmental Impact Statement is a much more thorough detailed study or analysis of potential environmental impacts. The environmental assessment form exercise is broken into essentially three parts. Part I which we all know the applicant completes that has been done and the Board has reviewed it and accepted the information in it as largely correct. Part II is what we are doing now and that is assessment of what potential environmental impacts may exist or maybe coming into existence if the project is approved and moves forward. First the Board will identify whether particular types of impacts are likely to occur, which is the initial way you handled that. You identified seven areas that warranted further breakdown, and now you will review those seven areas identified and characterize the magnitude of those impacts, none or small or moderate to large. A large portion of this is discretionary determination. If at the end of the exercise the Board has determined a significant number of items are moderate to large impacts we will then proceed to a Part III. A project cannot move forward until a SEQRA determination is made if it indeed is a SEQRA applicable project which this clearly is. Mark Torpey, Chairman proceeded to review SEQRA Part II with the Board. Mark Schachner, spoke regarding the shadow study, and solar access resolution from the Zoning Ordinance of the City of Saratoga Springs. Mark Torpey, Chairman stated we will end this discussion for this evening on SEQRA. Several areas require more consideration. It was the request of the Board to provide other options/design alternatives. SEQRA areas open for further discussion: City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 5 of 6  Question 10 items a thru c. Question 17 C Question 18 E Question 18 G 4. 14.055 McINTYRE SUBDIVISION, 28-32 White Street, public hearing for a two-lot subdivision in the Urban Residential-4 (UR-4) District. Applicant: Steve McIntyre; Chuck Martin Agent: Scott Miller, Peter Loyola; CLA Site; SEQRA: Action appears to be a Type I action due to its proximity to the National Register District. Planning Board is the only involved agency. SEQRA will be reviewed at the next Planning Board Meeting. Mr. McIntyre is requesting a two-lot subdivision at the corner of White and Regent Streets. Lot 1 will be a three unit multi-family home, Lot #2 will be the applicants home. Mr. MIller provided the Board with a visual presentation of the site. The applicant will also be restoring a brick sidewalk, as well as the addition of street trees. The majority of the work will be on Lot #2 which will be the applicants home. Street trees will be provided as well as restoration of the brick sidewalk. We are proposing two new curb cuts. Stormwater management will be handled on site. There are significant trees on site. We would like to keep as many as possible. Other alternatives and designs would require zoning variances. Letters of support received from neighbors. Mark Torpey, Chairman spoke regarding the number of curb cuts. Clifford Van Wagner, suggested an Advisory Opinion from the Design Review Commission. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 11:29 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Dan Maynee, neighbor. In favor of the project. Richard Frank, 18 Cottage Street neighbor. In favor of the project and preserving the trees. APPROVAL OF MINUTES: Tom L. Lewis made a motion to accept the minutes of the September 23, 2013 meeting. Dan Gaba seconded the motion. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor MOTION PASSES: 7-0 Tom L. Lewis, made a motion to approve the minutes of the October 8, 2014 Planning Board Meeting City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 6 of 6 as submitted. Dan Gaba seconded the motion. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Philip Klein, in favor; Howard Pinsley, abstained; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor MOTION PASSES: 6-0-1 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 11:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved 11/25/14 City of Saratoga Springs Planning Board Minutes – October 22, 2014 - Page 7 of 6