Planning Board
Regular MeetingSaratoga Springs, NY · December 10, 2014
Agenda
PLANNING BOARD
MINUTES (FINAL)
TUESDAY, DECEMBER 10, 2014
7:00 P.M.
CITY COUNCIL ROOM
PRESENT: Mark Torpey, Chairman; Robert Bristol, Vice Chairman; Clifford Van
Wagner; Dan Gaba;
Howard Pinsley; Tom L. Lewis
ABSENT: Philip Klein;
STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs.
Mark Schachner, Counsel to the Planning Board arrived at 7:15 P.M.
CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 7:00 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 CHAIR:
UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS:
Planning Board Caravan, Monday, December 8, 2014 at 4:00 P.M.
Planning Board Workshop, Monday, December 8, 2014 at 5:00 P.M.
Planning Board Meeting, Wednesday, December 10, 2014 at 7:00 P.M.
PRIVILEGE OF THE FLOOR:
None heard.
APPLICATIONS UNDER CONSIDERATION:
1. 10.049.1 166-168 JEFFERSON STREET, Site plan review of multi-family residences in an Urban Residential-4
District.
Applicant: Steve Ethier
Agent: Paul Male
BACKGROUND:
Site plan for 10 units approved on March 23, 2011. Applicant failed to advance project within 18 month approval
timeframe, or request an extension. Plans have not changed since approval, however due to expiration of approval,
this is required to be seen by the Planning Board as a new application.
Sidewalks and streetscape improvements will be installed immediately to north on Jefferson Street with Doyle
lot line adjustment. Plans have been updated to reflect these details and provide for how they will match up in the
field. (lighting, tree spacing, sidewalks aligning). Proposed easement of 2.5 ft to allow for sidewalk to align with
sidewalk to the north.
Screening has been updated to reflect mixture of species 6' to 8' in height and northern, eastern and southern
boundaries.
Conditions of approval from March 23, 2014 approval included:
- Bike rack installed on premises
- Fencing on eastern property boundary.
- Curbing to be provided along Jefferson Street. Additional curbing cut outs to provide for stormwater conveyance
subject to City Engineer's review and approval.
- Screening along northern property line.
- Dumpster detail to be included that reflects 6' PVC enclosure as discussed at March 23, 2011 meeting.
- Providing substitute of porous concrete sidewalk along Jefferson Street frontage subject to City Engineer's
review and approval.
Kate Maynard, Principal Planner stated the applicant provided to the Board, December 8, 2014, information
consisting of updated plans as well as changes to the proposed project.
Mr. Male agent for the applicant stated requested information has been provided. All questions which the Board had
have been addressed.
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
Mark Torpey, Chairman stated first we need to reaffirm SEQRA Negative Declaration issued on March 23, 2011.
Clifford Van Wagner, made a motion to reaffirm the SEQRA Negative Declaration issued on March 23, 2011.
Dan Gaba seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
City of Saratoga Springs Planning Board Minutes – December 10, 2014
Clifford Van Wagner, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 6-0
Mark Torpey, Chairman stated we will now move onto site plan.
We have noted the following issues:
- updated drawings which reflect the easement and connectivity to the Doyle property to the
north.
- identification of screening and trees to the specification and caliper discussed.
- relocation and screening of the dumpster on Jefferson Street.
- building egress points changing and shown on updated plans.
- bike rack.
- fencing on eastern property boundary.
- curbing to be provided along Jefferson Street.
Clifford Van Wagner made a motion to approve the site plan for the 166-168 Jefferson Street application with the
above mentioned conditions.
Howard Pinsley 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; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 6-0
2. 14.063 FOX RESIDENTIAL MULTI-FAMILY ADDITION, 72 Union Avenue, Consideration of SEQRA Lead
Agency and SEQRA environmental review.
SEQRA:
This action appears to be a Type I action due to its location within the Union Avenue Historic District. Involved
agencies include the Planning Board (site plan review for multi-family residential), ZBA pro-actively deferred Lead
Agency Status to the Planning Board on October 20, 2014 and DRC pro-actively deferred Lead Agency Status to the
Planning Board November 5, 2014. Planning Board assumed Lead Agency Status on November 12, 2014.
Project was last seen on November 12, 2014 by the Planning Board. Revised SEQRA Part I and illustrations
including a 3D rendering was provided to the Board.
Kate Maynard, Principal Planner stated since the Board last reviewed this project there has been an updated Part I
submitted and information requested has been provided. A 3D visualization and model were provided as well as a
2D rendering to provide additional information.
City of Saratoga Springs Planning Board Minutes – December 10, 2014
BACKGROUND:
Project proposed the construction of 2 additional units, removal of 1 unit (net increase of 1 unit), and indoor pool
within an addition to existing structure, and additional structure to be added to the site. Area variances currently
being sought from the ZBA for minimum lot area, and maximum principal building coverage.
Applicant: Tom Fox
Agent: Jesse Boucher, Kodiak Construction
Mr. Boucher stated the updated information provides improved sitting as well as additional information concerning
materials to be used on the outside of the building.
Mark Torpey, Chairman asked if there were any further questions or comments from the Board.
None heard.
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
SEQRA:
Part I of the Full Environmental Assessment form was completed and supplied by the applicant.
The Planning Board reviewed SEQRA Long EAF Part II. No large or important areas of concern were noted.
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, 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.
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; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 6-0
3. 14.065 EAST AND EXCELSIOR MIXED USE DEVELOPMENT, Sketch plan review for office and residential
uses in a Transect-5 Neighborhood Center District.
RECUSAL:
City of Saratoga Springs Planning Board Minutes – December 10, 2014
Board member Dan Gaba recused himself from this application.
SEQRA:
Not required with sketch plan review. Action appears to be an Unlisted action.
BACKGROUND:
Sketch reflects two privately owned parcels and portion of City property with easement provided. This project
is located in Transect-5 District. The application would require special use and site plan application for each parcel.
Kate Maynard, Principal Planner stated staff has met with the applicant to share and discuss all the comments from
the workshop. Sketch plan review is a non binding action, no formal action is needed by the Board. This is a
Transect 5 District, so all uses require a Special Use Permit and the Site Plan that corresponds. This application
requires Planning Board review and the DRC for Architectural Review. Site layout will be helpful in the Transect 5
District where build to setbacks are 0-12 feet, with flexibility for the Planning Board to adjust within the review of the
application. Consideration for Excelsior Avenue, it is a generally wide right of way, with considerations for on street
parking. Civic space along the frontage as well as some movement with the green belt trail adopted by the City
Council, as well as various groups within the City to look at Excelsior Avenue as a boulevard location. This would be
a east-west location which would entail either bike lanes or an off site bike connection. Some consideration should
be given concerning the usage of city property. There are two parcels privately owned and the third City access point
which currently provides access to the public safety facility. Further information regarding the easement should be
provided to the Board. A meeting is scheduled with the City Attorney tomorrow which will address some of these
issues. The information received from this meeting will be distributed to the Board as well as the applicant. The
monitoring well on the site owned by National Grid and information regarding the maintenance of the site should be
provided to the Board. The access point as proposed there is concern regarding sight distance from north and south.
Appropriate grade for sidewalks on East Avenue. Stormwater management plans to be completed. Traffic
comments concerning the application and the 24 hour operation of the public safety garage regarding noise
complaints. Also the site is a construction related operation which may at times incite aesthetic appearance
complaints from the new residents of the proposed buildings. The Building Department noted handicapped parking
should be closest to entry doors.
Applicant: Trojanski Builders
Agent: Dave Carr, Corina Martino, LA Group
Mr. Carr provided a visual presentation to the Board of the project. This application is three parcels totaling .9 acres
which cannot be combined since Lot #2 is owned by the City, with an easement over the lot held by the applicant.
Mr. Trojanski has an opportunity to purchase Lots 1 and 2 along with the rights of the cross lot easement. What we
are proposing are two separate buildings. Both lots need to meet the zoning requirements of the T-5 zone. Parcel 1
is at the intersection. It is a mixed use building. The first floor of the building will be office space, his office will
occupy space there but not entirely. It will have more pedestrian friendly uses which is what we are really looking for
in the T-5 zone. The primary frontage will be on Excelsior Avenue. Discussion of the proposed building materials,
and is very much what is like on the opposite corner. 6700 square feet on the first floor. Second and third floor will
house 12 apartments, with parking behind. The building will be setback 35 feet from the curb. The second lot #3 will
be 2 apartments or condominiums. This will be multifamily housing. Lot 1 will have an easement to Lot 3 for
additional parking. This will entail two separate applications since they occupy two separate lots. Bike trail
accommodations will be made. Easements are in place. We cannot build on the City lot we only have cross lot
easement access for parking. We will provide written correspondence from National Grid stating they have no
problem with what is currently proposed on these lots.
City of Saratoga Springs Planning Board Minutes – December 10, 2014
PUBLIC COMMENT:
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
Jerry Starr, questioned the height of the proposed buildings.
Mr. Starr was provided an example of the height of the proposed building.
Board member Dan Gaba resumed his position on the Board.
4. 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.
Mark Torpey, Chairman stated the Board is in the process of reviewing SEQRA environmental review Part II long
form. The Planning Board is the Lead Agency for this project. We are reviewing Item #10 Impact on Historic and
Archeological Resources is the heading. The proposed action is wholly or partially within, or substantially contiguous
to any building, archeological site or district which is listed on or has been nominated by the NYS Board of Historic
Preservation for inclusion on the State or National Register of Historic Places. This is substantially contiguous to the
Broadway National Historic District. The question we are specifically reviewing states is the proposed action may
result in the introduction of visual elements which are out of character with the site, or property or may alter its
setting. The majority of the form has been completed. This is relevant to this particular section. A lease agreement
would need to be entered into with the City, Planning Board site plan review, as well as subdivision conversations,
and the DRC for Architectural Review. It would also require ZBA application for variances.
Kate Maynard, Principal Planner provided an update on the information received to date. This is since the November
12, 2014 meeting.
Materials received from the applicant:
- November 21, 2014 an updated plan looking at the connector area over Maple Avenue.
- Modified site plan.
- December 2, 2014 correspondence provided from OPRHP letter in response to archeological questions.
- December 3, 2014 correspondence provided which describe revision to date such as updated floor plans,
illustrations from Maple Avenue looking south, and north, original connector design, modifications
in terms of response, new details of a 9 foot and 12 foot inset in each side of the connector over
Maple Avenue. The connector is remaining as originally proposed so you can still see the three levels
of parking and the pedestrian connection. There is a change in materials that was provided.
- Modified site plan submitted on November 21, 2014, and updated on the December 3, 2014 submission
showing a sidewalk or pedestrian connection which bisects the City's property adjacent to the proposed
structure. Illustrates pedestrian connectivity through the site.
Public Comments:
- Email from Teresa Capazolla.
- Correspondence from Saratoga Springs Preservation Foundation.
- December 10, 2014 correspondence from Jonathan Tingley, attorney for the Mouzon House.
- Correspondence from Chris Morrow, owner of the Northshire Book Store.
- Correspondence from Joel Reed.
- Correspondence received December 8, 2014 from the Saratoga Arts Center.
- Correspondence from John Baker, owner of Gaffney's.
- Correspondence from Sterling Environmental and Engineering on behalf of Jonathan Tingley, dated
November 14, 2014.
City of Saratoga Springs Planning Board Minutes – December 10, 2014
- Correspondence from Rick Fenton, dated November 24, 2014.
- Correspondence from Saratoga Convention and Tourism Bureau dated November 18, 2014.
- Correspondence from Jonathan Tingley, received November 14, 2014. Referenced at the last meeting.
- Revised comments received from Charlie Morrison, November 13, 2014.
- Additional information from Jonathan Tingley.
- Change.org email which contains signatures on a petition currently 514 signatures.
Applicant: Board Chairman, Joe Dalton; City Center Authority, Roger Goldsmith, City Center Authority President,
Mark Baker;
Agent: Matthew J. Jones, Alex Besso, Jones Firm; LA Group, Chazen Engineering; Mike Ingersoll, LA Group;
Jay Staszak, Environmental Precision Group
Mr. Jones stated he agrees with the chair concerning where the SEQRA process review continues. Part I of the
SEQRA from which was revised does require an additional revision including the ZBA which is now an involved
agency. This is noted on the subdivision application.
Mike Ingersoll, LA Group. A visual presentation was provided to the Board regarding some of the changes which
were made to the project, primarily on the connector. The removal of a portion of the connector to further reduce the
visual impact required, for example the parking portion with the skywalk remaining. Additional design and material
changes such as width, height, vertical clearance. Parking spaces proposed is approximately 480 with the new
revision.
PUBLIC COMMENTS:
Charles Holob, president of the Saratoga Farmers Market. We have been operating for over 35 years.
Read a letter into the record concerning a meeting held with Mr. Mark Baker was very positive. Conversations
including hosting the winter farmers market in the new parking structure was very encouraging. We are in favor of
the facility as being proposed. There is approximately 7200 square feet of area for usage.
Steven Sullivan, 56 Condon Road, Stillwater. Building this project this will help us thrive. We are a destination
location in Saratoga Springs. Parking has always been an issue. More parking is encouraged.
Todd Garafano, Saratoga Convention and Tourism Bureau. Read two letters into the record from people who come
into the City for conventions and seminars. Noted the lack of parking available to attendees. We are in support of
the parking garage.
Jere Tatich, President, Saratoga Springs Preservation Foundation. We have met with the members of the Board
and design team and from that meeting we have composed a new letter. Mr. Tatich read into record a new letter
regarding the parking structure. They continue to note the proximity of this structure to the historic Maple Avenue
corridor and is detrimental to this area.
Tim Holmes, President of the Downtown Business Association. Our Board is unanimously in favor of the plan as
proposed this evening. We ask for a Negative SEQRA Declaration.
Shawn Goodway, General Manager of the Saratoga Hilton. It is important that we have parking. We need to be
competitive with other convention centers. It is very important for a Negative SEQRA Declaration.
Suzanne Simpson, General Manager, Pavilion Grande. Continuous need for the parking. Lot of comments from
visiting people concerning parking and lack thereof. This would be a wonderful link to Broadway. I am in support of
the project.
City of Saratoga Springs Planning Board Minutes – December 10, 2014
Roger Goldsmith, City Center Board member and owner of Crafters Gallery. We need more parking. I do not think
this is a negative impact on Maple Avenue.
Diane Pedinotti, owner Mouzon House. I would like to address that this is about SEQRA. What type of impact does
this structure have. The project will obstruct scenic resources. High Rock Park. It cuts the view and creates
shadow. Recommends an EIS to address impact and consider reasonable alternatives.
Todd Shimkus, President of the Saratoga County Chamber of Commerce. One thing has been clear is that the
downtown is the economic core of our community. One of the things which has made that core so vibrant is the
City Center. To continue this to growth we need to look to the future and provide more parking which is critical.
Denise Desmond, Saratoga Farm Road. I understand this is difficult. Maple Avenue corridor will be changed
forever. Property is valuable. Out of scale for the area. Significant change to the neighborhood.
Mark Torpey, Chairman thanked all the public for speaking.
Mark Torpey, Chairman stated we will now open Item #10 of the SEQRA form for discussion. The question we are
specifically reviewing states is the proposed action may result in the introduction of visual elements which are out of
character with the site, or property or may alter its setting.
Tom L. Lewis commented on Mrs. Pedinotti statement and whether the impact is small or large. That is dependent
on the viewer. I do not feel it is in sharp contrast to the surrounding area, citing the new construction of buildings in
the area, such as Jacob and Anthony's, the Pavilion Grande, the Saratoga Hilton. This is consistent with the area.
Clifford Van Wagner commented on the height of the buildings being what the Comprehensive Plan calls for.
The farmers market in the City Center is an asset, its huge. Other businesses see this as a small impact.
Howard Pinsley, stated he thinks the new walkway transparency looks good.
Mark Torpey, Chairman reviewed his notes and it seems that we need to address the question to the best of our
ability and I personally do not agree that we should move this on.
Bob Bristol, Vice Chairman stated the project has made a lot of advances. Transparency in the right direction.
Agreement with the Farmers Market, which is a fabulous opportunity.
Dan Gaba stated he feels the Board has answered the question. This is the introduction of change. Is it out of
character for the neighborhood, I don't think so.
Mark Torpey, Chairman stated he appreciates the input from the Preservation Foundation. I look to these
organizations who review and study the historic impacts. He feels the answer is moderate to large impacts.
He feels the context is out of character for the neighborhood.
Mark Torpey, Chairman reviewed Item #10 on the SEQRA Long EAF Form.
Discussion ensued among the Board concerning small to moderate impact or moderate to large impacts.
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, the project will not result in any large and important impacts and, therefore, is one
City of Saratoga Springs Planning Board Minutes – December 10, 2014
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.
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, opposed; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 5-1
Discussion ensued regarding how the application proceeds through the Land Use Board.
Mark Schachner, Counsel to the Planning Board stated the application should now proceed through the Zoning
Board of Appeals then to the Planning Board.
APPROVAL OF MINUTES:
Clifford Van Wagner, made a motion to approve the minutes of the May 14, 2014 Planning Board as submitted.
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, abstained; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 5-0
Dan Gaba, made a motion to approve the minutes of the November 12, 2014 Planning Board as submitted.
Bob Bristol, Vice Chairman 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; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 6-0
Dan Gaba, made a motion to approve the minutes of the November 25, 2014 Planning Board as submitted.
Tom L. Lewis, seconded the motion.
City of Saratoga Springs Planning Board Minutes – December 10, 2014
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor;
Mark Torpey, Chairman, in favor; Bob Bristol, Vice Chairman, in favor
MOTION PASSES: 6-0
MOTION TO ADJOURN:
There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 9:30 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 1/14/15
City of Saratoga Springs Planning Board Minutes – December 10, 2014
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