Planning Board

PLANNING BOARD MINUTES (FINAL) WEDNESDAY, FEBRUARY 11, 2015 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; Janet Casey STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs. Tony Izzo, Assistant City Attorney 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: 14.008.1 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. 14.010 SUBDIVISION OF LANDS OF HARRISON, 180 Meadowbrook Road, public hearing for a two-lot subdivision in the Rural Residential District. ITEMS REMOVED FROM THE AGENDA: 14.059 77 EXCELSIOR MIXED USE DEVELOPMENT, 77 Excelsior Avenue, Special use permit for commercial and residential uses in a Transect-5 (T-5) District. COMMENTS FROM THE CHAIR: ADMINISTRATIVE ACTIONS: LETTERS OF CREDIT ACTION: 13.052.1 54 Doten Avenue, Letter of Credit extension of $55,150 granted until 12/31/15. (12 months). 03.044.5 1 Oak Ridge Blvd. Letter of Credit extension of $118,600 granted until 06/30/16. 05.057.5 Beaver Pond Section 1 Letter of Credit reduction of $885,946.25 to $221,500 granted. 05.057.6 Beaver Pond Subdivision Section 2 Letter of Credit reduction of $475,000 to $294,000 granted. 09.020.3 Saratoga Strikezone Letter of Credit extension $16,200 granted until 06/30/15, (6 months). 09.053.4 McKenzie's Way (Maria Lane) Letter of Credit reduction of $367,696 to $91,924 granted and extension granted until 12/31/15. 09.054.2 McKenzie's Way (East Broadway) Letter of Credit reduction of $27,600 to $6,900 granted, and extension  granted until 12/31/15. 11.012.4 Seward Street Apartments Letter of Credit extension of $242,500 granted until 06/30/15. 11.044.4 Doten Avenue subdivision Letter of Credit extension of $20,000 granted until 12/31/15 (12 months). 12.030.1 Facteau Building (Meherio Apartment Addition) Letter of Credit extension of $5,000 granted until 06/30/15 (6 months). 12.048.1 Yaddo Pond Dredging Letter of Credit extension of $3,500.00 granted until 12/29/15. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, February 23, 2015 at 4:00 P.M. Planning Board Workshop, Monday, February 23, 2015 at 5:00 P.M. Planning Board Meeting, Wednesday, February 25, 2015 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. APPLICATIONS UNDER CONSIDERATION: 1. 14.067 STONE PROPERTY, 68 WEIBEL AVENUE, 30 Church Street, site plan modification in a Transect-6 (T-6) District. Applicant: Gary Stone Agent: John Lapper, Attorney BACKGROUND: Review is for series of buildings and uses that per City files never received relevant approvals. Involved agencies include the ZBA and the DRC. SEQRA: Planning Board for (Special Use Permit, and site plan), DRC for (Architectural) and ZBA for (variances) involved agencies with application, ZBA and DRC pro-actively deferred lead agency to the Planning Board. Planning Board accepted SEQRA lead agency at its January 14, 2015 meeting. Mark Torpey, Chairman stated the Board is in receipt of a completed Part I form submitted by the applicant. Kate Maynard, Principal Planner stated a number of materials were received today by staff. - Fire Department Inspections. This is a follow-up to the 1st round of inspections all structures passed. Steve Shaw, Building Inspector stated the inspection was completed and is under the auspices of the Fire Department and they will issue a report. These structures were inspected for basic life safety. John Lapper, Project Attorney. Mr. Lapper reviewed a list of businesses currently operating on site. Mr. Lapper stated regarding the porta potties and materials discharged on site checking with the DEC revealed no reports or non compliance issues. Mark Torpey, Chairman reviewed Part I of the SEQRA short form provided by the applicant. Clarification was received regarding the acreage of the parcel in question and several questions. It was the consensus of the Board to obtain information from the DEC regarding the site prior to completing SEQRA. City of Saratoga Springs Planning Board Minutes – February 11, 2015 Kate Maynard, Principal Planner stated staff did reach out to Rob Streeter, DEC Region 5. Staff did note that there were violations on the property concerning the porta potties but that file had been closed out since it was back in 1989. He was not aware of any violations since that time. Staff will check to see if that information can be provided in a written document. Mark Torpey, Chairman stated we will table this application until further information requested is received. 2. 14.069 130 EXCELSIOR MIXED USE, 130 Excelsior Avenue, special use permit for mixed use development in the Transect-5 (T5) District. BACKGROUND: The site is located in the T-5 District. It is the last parcel in the T-5 as it transitions to Urban Residential-1 to the east. Mix of uses and scale of use proximate that include existing commercial businesses, new mixed use Fresh Market site project and residential-homes east of the site. Kate Maynard, Principal Planner noted correspondence received by the Board. - Correspondence received from the DRC. They deferred Lead Agency, requesting additional time for discussion and comments to be provided. - Correspondence from Wally Allerdice, property owner in support of the project. - Letter from Mike Stella – property owner of 141 Excelsior Avenue. - Updated conceptual views and elevations of the site. SEQRA: Action appears to be Unlisted, with involved Agencies, DRC and the Planning Board. Mark Torpey, Chairman stated information requested from the DRC was received this date by the Board. Applicant: 130 Excelsior Avenue, LLC (Bonacio) Tony Bonacio Agent: Matt Brobston, LA Group; Brett Balzer, Balzer & Tuck Architecture; Mr. Brobston stated the applicant appeared before this Board on January 28, 2015. At that time we did get through the majority of the SEQRA form. There was an items which was left open for discussion and needed clarification which was item #3. On February 4, 2015, we were before the DRC and heard their comments. They did state the project was appropriate for a negative declaration knowing the project will return before the DRC and the Planning Board. A perspective of the building along Excelsior was provided to the Commission which will be presented to the Planning Board this evening. The DRC also suggested the 100 year flood plain should be discussed. A visual presentation was provided the Board including the 100 year flood plain. The wetland delineation will be completed in the spring along with the DEC notifications and permits. Mr. Balzer, stated we are in a design process. We have not completed this building. Mr. Balzer, reviewed conceptual elevations, and floor plans with a visual presentation to the Board. Mr. Balzer reviewed the elevation changes and provided a street view concept of the plan. Building frontages were introduced as well. We have reworked the residential streetscape per this Board's recommendations. We have provided a separate pedestrian breezeway and per the DRC we are looking at giving a commercial end to the building. Floor plans were provided to the Commission as well as elevations both north and south. We have stepped back the 4th floor. DRC appreciated the fourth floor step back We have removed the end units on the 4th floor adjacent to resident neighborhoods. Review of conceptual elevations. We have given this project a row house type of rhythm. Mark Torpey, Chairman questioned balancing the project 2,700 commercial space ratio to 28,000 residential space. City of Saratoga Springs Planning Board Minutes – February 11, 2015 Mr. Balzer explained the applicant did not want commercial all along the building. They are keeping commercial with commercial along Excelsior Avenue. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Mike Stella 141 Excelsior Avenue neighbor stated he is glad it is not all commercial on the ground floor, he looks out his window and is happy to see townhouses. He supports the project. Mark Torpey, Chairman read into the record the Design Review Commission letter, dated February 4, 2015. At the January 21, 2015 meeting of the Design Review Commission, the Commission voted 4-0 (1 recusal) to defer SEQRA Lead Agency for review of this proposed project to the Planning Board as requested. This was done to permit the Planning Board to initiate its coordinated environmental review of the project. The Commission has since had additional time to review the proposed project and respectfully offers the following input. The proposed mixed-use project is generally consistent with the overall objectives of the City's adopted Transect Zones in its intent to "encourage creative and sustainable in-fill development." The project includes a reasonable mix of uses for a Transect-5 Neighborhood Center and the proposed connection to the Spring Run Trail is a noted linkage point to an existing City amenity. As such, the Commission is confident in the Planning Board's reasoned evaluation of any significant potential negative impacts under its SEQRA review. Should the Planning Board find in its evaluation that the general, overall project merits a SEQRA Negative Declaration, the Commission believes there is still significant work to be done to shape the project to achieve a fully context-sensitive, successful in-fill development project. This project is proposed on the final parcel that forms the transition between a robust mixed-use redevelopment area and the directly-adjacent traditional residential UR-1 district.. As such, the Commission offers the following for your consideration: 1) There is still concern over the overall height of the structure particularly along the eastern edge and balance of the mass of this substantial structure. The Commission notes the reconfiguration of 2 top units and believes this is an appreciated start; however, this does not yet fully achieve the desired transition. The Commission suggests further investigation into additional ways to lower the overall height along the entire eastern building edge and/or architectural treatments to create a more sensitive transition to more traditional residential roof lines. 2) The Commission suggests separating or creating the appearance of greater separation of, the building mass between the residential and commercial spaces. The row house approach is an appropriate transitional architectural style at the street and the pathway separation between that and the commercial space begins to provide a sense of use and building separation. The Commission encourages further investigation into alternative treatments vertically along the street façade (above the pathway) to reinforce the suggestion of two buildings rather than a single, large building mass. This is suggested, again to provide a more context-sensitive transition to a residential district with structures of smaller, overall mass. 3) The Commission suggests further investigation into more creative parking solutions. As presented, the lot is nearly entirely covered by impermeable building and paved parking. More work is needed to provide adequate parking but in a more sensitive transition to a residential area. Additional "greening" of of the parking area is desired to enhance the necessary civic space and residential transition. 4) As mentioned the connection to the Spring Run Trail is a welcome project feature. However, its position directly adjacent to a large paved parking area does not yet achieve an inviting, successful civic space as called for in the Transect Zones. City of Saratoga Springs Planning Board Minutes – February 11, 2015 The Commission appreciates the Planning Board's consideration of these concerns particularly during the evaluation of the Special Use Permit, where the magnitude of uses (# of residential units, # of square feet of commercial space) is established and the subsequent Site Plan Review process. Mark Torpey, Chairman reviewed Question #3 in SEQRA Part II noting there no to small impact on neighborhood. This sets the tone for the remainder of the corridor. 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. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated the Board will now review the project for a special use permit. Mr. Brobston reviewed the project citing 2750 square feet of commercial space, 65 residential rental apartment units. Commercial space will be office, retail, medical office, real estate, clinic, financial institution, service establishment. More parking spaces provided than what is required. Space available to provide buffering. Flexibility to create an entrance to the Spring Run Trail. Kate Maynard, Principal Planner reviewed evaluation criteria for special use permit, noting it is the Boards responsibility to ensure that the proposed use will not adversely affect surrounding properties and community character. The Planning Board's evaluation of Special Use applications shall include: – the extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this Chapter. - the density, intensity and compatibility of the use with the neighborhood and community character. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Tom L. Lewis made a motion for approval of a Special Use Permit. Clifford Van Wagner, seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. PUBLIC HEARING: City of Saratoga Springs Planning Board Minutes – February 11, 2015 Mark Torpey, Chairman closed the public hearing at 8:23 P.M. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 7-0 The Board recessed at 8:27 P.M. The Board reconvened at 8:34 P.M. 3. 14.053 21 PARK PLACE CONDOMINIUMS, 21 Park Place, Site plan review for multi-family residences in an Urban Residential-4 (UR-4) District. SEQRA: Planning Board and ZBA involved agencies. Planning Board deferral SEQRA lead agency to the Zoning Board of Appeals, ZBA issued a negative declaration on December 15, 2014. BACKGROUND: Project proposes the construction of 4 additional units contained within 2 structures. ZBA issued variances from maximum principal building coverage and minimum front yard setbacks. While historic review is not required for project, DRC issued an advisory opinion which provided that the "DRC does not believe that this project will result in any large or significant adverse impacts to the nearby National Registry District nor the historic qualities or general character of the neighborhood" and provided four recommendations. The recommendations were reinforced in the applicant's November 13, 2014 response letter, and which were required to be incorporated into the final design of the project" as a condition of the variances. (All materials above provided to Board). Saratoga Springs Preservation Foundation provided November 14, 2014 correspondence to the ZBA related to their considerations for the project. Josh Dulmer, City Arborist provided recommendations related to the successful preservation of the 150+ year old trees on the site. Kate Maynard, Principal Planner stated this project has been seen by this Board previously. We have received the DRC Advisory Opinion and Correspondence from the Saratoga Springs Preservation Foundation as well as correspondence from the City Arborist. The applicant has received the appropriate variances requested as well as SEQRA Negative Declaration from the Zoning Board of Appeals dated December 15, 2014. They appear before this Board tonight for site plan review. Applicant: Dave Guarino and Linda Haner Agent: Rexford Engineering Mr. Guarino reviewed the project history for the Board. The applicant obtained zoning variances from the Zoning Board of Appeals as well as SEQRA Negative Declaration on December 15, 2014. This application was seen by the DRC and an Advisory Opinion was provided to the Zoning Board of Appeals. We have incorporated many of their suggestions as well as those of the Saratoga Springs Preservation Foundation. There are a lot of design modifications which were incorporated into this project. Site plans have been prepared incorporating these changes. A visual presentation was provided for the Board's review. New plans include 4 curbcuts an increase of two. Trees currently on the site are 11, with 14 in the future. One street tree we are adding 6 to the site. Sidewalks will be City of Saratoga Springs Planning Board Minutes – February 11, 2015 relayed using the old bricks requesting a width of the sidewalks to be 4 feet width versus 5 feet city standard due to shortage of bricks. New concrete curbing on Park Place. Currently three cobra lights on the site. We will provide two Sternberg Lighting. We will maintain a hedge around the property. Regarding stormwater mitigation, we have been informed this is being considered a residential project and therefore the level of stormwater mitigation is unnecessary. Kate Maynard, Principal Planner stated what was reviewed with the City Engineer and Al Flick this date was the bioretention areas and permeable pavers. Discussion ensued regarding stormwater mitigation residential versus commercial projects. Mr. Haner stated they are not required to provide stormwater mitigation at this time considering this is being considered a residential project. He continued to review the project. Fencing will also be provided around the project. Photographs were provided of the reclaimed gates and new fencing proposed. Materials were reviewed for the benefit of the Board. Two forms of egresses from each apartment is proposed. Site plans were provided to the Board for their review. Mr. Owens, site consultant reviewed the site plan proposal, ¾ of an acre project. Visual presentation provided outlining driveways, curb cuts and parking spaces to be provided. Elevations drawings, proposed impervious driveways, gardens, greenspace, proposed parking and landscaping of the site as well as the proposed berm and the site plan revisions. No handicap parking spaces need to be provided. Discussion ensued among the Board regarding the requirement of handicap parking spaces. Mark Torpey, Chairman stated the Board usually reviews HOA language, considering snow removal, stormwater management and communication with City Engineer Tim Wales for clarification. Width of the sidewalks, 5 foot city standard is a requirement, building lighting to be discussed as well as the water connection. DRC recommendations incorporated into the site plan as well as the arborists. Elevations drawings to be provided as well. Clifford Van Wagner, requested more information concerning the curbcuts, access, proximity to the corner for safety purposes. The new curb cuts reduces the amount of on street parking. This is a fairly active neighborhood. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Ashleigh Gardner, my mother owns 105 Regent Street. This property should be classified as a multifamily property. There is currently an existing three family home on this property. It should be addressed that way in all matters. Questions regarding the hedge they are proposing. The current hedge is very tall are they removing what currently exists and replacing if so with what. Andrea Gardner, 105 Regent Street. I value this historic neighborhood where I have lived for 40 years. This is the first project I feel that exploits the historic neighborhood. The letter from the Preservation Foundation correspondence stated their letter was not an endorsement. We were disappointed with the DRC review of the project and the impact on the neighborhood. The arborist protection of the trees. These are 200 year old white oaks. He wrote this letter before understanding there will be full basements under both buildings. The neighbors are against the project. We are concerned about the health, safety and welfare of the neighborhood. Mark Torpey, Chairman stated we are requesting new drawings, differentiate between the old and new drawings. The applicant can return before the Board in two weeks. Clifford Van Wagner exited the meeting at 9:25 P.M. City of Saratoga Springs Planning Board Minutes – February 11, 2015 4. 14.074 UNION FOX APARTMENTS, 72 Union Avenue, Site plan review for multi-family residential in an Urban Residential-4 (UR-4) District. SEQRA: Action appears to be a Type I action due to its location within the Union Avenue Historic District. Involved agencies include the Planning Board for site plan review for multi-family residential, the ZBA, who pro-actively deferred SEQRA Lead Agency to the Planning Board on October 20, 2014 and DRC who pro-actively deferred SEQRA Lead Agency to the Planning Board on November 5, 2014. The Planning Board issued a SEQRA Negative Declaration on November 12, 2014. BACKGROUND: Project proposes the construction of 2 additional units, removal of 1 unit for a 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 received from the ZBA, architectural review underway with the DRC, last appeared at their January 21, meeting. Kate Maynard stated since the Board last saw this project it did receive requested variances from the ZBA. Specific elements for the Board to consider is the size and design of proposed structure, presence of porch or other elements that connect it to the Union Avenue streetscape, accessory building placement on lot, relationship with existing principal structure. Mark Torpey, Chairman questioned if the Saratoga Springs Preservation Foundation correspondence was received by the Board. NOTIFICATIONS/REFERRALS/APPROVALS: Saratoga County Planning Board correspondence received this date February 11, 2015 noted no countywide or intercommunity impact. Applicant: Tom Fox Agent: Peter Loyola, Scott Miller, CLA Site; Jesse Boucher, Kodiak Construction. Mr. Loyola stated the applicant is seeking site plan approval this evening. We are working closely with DRC and we do have elevations drawings to present this evening. We have an existing 14 unit apartment building, 26 parking spaces shown, 22 are required. Landscaping along Union and Clark. Perennials and gardens which exist will be maintained or transplanted. No vegetation or tree removal is proposed. We are increasing impervious surface and treating runoff. We will meet all stormwater requirements. Discussion ensued regarding whether a crosswalk is warranted. Public safety needs to be involved in this and the applicant will pursue with public safety at a later date. Mr. Loyola provided a visual presentation of the project was provided to the Board. 15 parking spaces to be provided in the rear of the building. One handicap space is adequate for this building. Steve Shaw, Building Inspector stated the designated handicap parking space is too far to travel. Discussion ensued regarding this placement. Mr. Shaw indicated he would like to see a change in the location of the handicap parking space. He would like to have a dialog concerning the location of this space. City of Saratoga Springs Planning Board Minutes – February 11, 2015 Kate Maynard, Principal Planner notified the applicant the City is looking to do away with some of the Cobra lighting and replace it with the preferred Sternberg lights along Union Avenue. Jesse Boucher, Kodiak Construction spoke with the Saratoga Springs Preservation Foundation and the Design Review Commission. A copy of revised drawings was submitted to the Board for their review. It does take into consideration some of the DRC Comments. The original submission was provided visually as well as the amended submission. The newer submission deals with the verticality issue the DRC suggested. A gable has been added to the building with a bump out and increase size of the windows drawing your eyes up. Another issue which was addressed was the lack of a porch presence on Union Avenue. The pool building is elevated somewhat due to slab on grade. We did incorporate an arbor on the building which will break up the façade. We kept the stone foundation and mixed materials such as brick to fiber cement siding and shakes in the gable ends and on the dormers around the building to vary the character. Existing vegetation will not be removed. No site plan changes. This is 7 ft. smaller than the previous submission. No connection to the building. Working on a photo simulation and 3D image. We will return to the DRC on February 18, 2015. Mark Torpey suggested the details be reviewed by the DRC and then return to the Planning Board in two weeks. APPROVAL OF MINUTES: Howard Pinsley made a motion to approve the minutes of the January 14, 2015 as submitted. Tom L. Lewis seconded the motion. VOTE: Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 5-0 Howard Pinsley made a motion to approve the minutes of the January 28, 2015 Planning Board Meeting as submitted. Tom L. Lewis seconded the motion. VOTE: Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 5/27/15 City of Saratoga Springs Planning Board Minutes – February 11, 2015