Planning Board

PLANNING BOARD MINUTES WEDNESDAY, MAY 13, 2015 7:00 P.M. CITY COUNCIL ROOM PRESENT: Mark Torpey, Chairman, Bob Bristol, Vice Chairman; Clifford Van Wagner; Dan Gaba; Howard Pinsley; Tom L. Lewis, Janet Casey STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs. 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: 14.059 77 EXCELSIOR MIXED USE DEVELOPMENT, 77 Excelsior Avenue, Special use permit for commercial and residential uses in a Transect-5 (T-5) District. 14.067 STONE PROPERTY, 68 WEIBEL AVENUE, 30 Church Street, site plan modification in a Transect-6 (T-6) District. 14.074 UNION FOX APARTMENTS, 72 Union Avenue, Site plan review for multi-family residential in an Urban Residential-4 (UR-4) District. 14.052.1 CITY CENTER PARKING GARAGE, TWO LOT SUBDIVISION, High Rock and Maple Avenues, In the Transect-6 (T-6) Urban Core District. 14.010 SUBDIVISION OF LANDS OF HARRISON, 180 Meadowbrook Road, public hearing for a two-lot subdivision in the Rural Residential District. 14.053 21 PARK PLACE CONDOMINIUMS, 21 Park Place, Site plan review for multi-family residences in an Urban Residential-4 (UR-4) District. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Tuesday, May 26, 2015 at 4:00 P.M. Planning Board Workshop, Tuesday, May 26, 2015 at 5:00 P.M. Planning Board Meeting, Wednesday, May, 27, 2015 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. APPLICATIONS UNDER CONSIDERATION: 1. 14.045 DYER LOT LINE ADJUSTMENT, 72 Dyer Switch Road, lot line adjustment in a Rural Residential (RR) District. SEQRA: Action appears to be a Type II action no further action is needed. Mark Torpey, Chairman stated we have looked at the property several times. We as a Planning Board were looking to see if an opportunity exists for publicly available water to this area. Fire safety is also an issue in this area. We requested the applicant reach out to the neighbors and see if there is a way to cooperate to co-invest or support a water line connection. Kate Maynard, Principal Planner provided some background information and what was requested from the applicant. There were four items which were of concern. One was ensuring the correct notification of property owners. Information concerning the water infrastructure. Certificate of mailing. Substantiated estimate for running the water line down to the properties in question. We did receive an estimate from J & K Trucking and Excavating. That total was for $88,400. Tim Wales, City Engineer reviewed the estimate and submitted correspondence concerning the acceptance of the calculation of well over $100,000 estimate. Verification with DPW if there is any ability for the City to support the private extension of that infrastructure in that area. At the workshop there was a strong sense that DPW is not able to offer their help in this manner. Applicant: Dan Dyer, owner Agent: Jim Doyle, attorney Mr. Doyle stated he did provide an estimate of the project to Tim Wales, City Engineer and it was his determination that the project would exceed well over $100,000. Mr. Doyle explained he did send correspondence out to adjacent land owners. Certificate of mailing was provided. No other responses were obtained from other property owners. Mr. Dyer has already demolished two camps. If the Board approves his project he will build a new home, move his mother into his current home and demolish his mother’s existing home. In doing so, decrease the density in this area. Clifford Van Wagner questioned how the properties in this area receive fire department service in the event of a fire. Mr. Dyer stated there is a fire hydrant located on the street, but the fire trucks have accessed these areas when needed. Mark Torpey, Chairman questioned the progress on the awkward property line which currently exists and if any decision had been made concerning such. Mr. Doyle stated the property owners have in the past gotten into a bidding exchange concerning this proposal. I believe this will stay as it currently exists. Mark Torpey, Chairman stated the applicant spoke concerning the decrease in density in this area following the demolition of an existing home. Per the City Engineer, a SWPPP is required and will be completed by the applicant. New septic system is to be installed on the proposed new construction. Updated easement boundaries to be City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 3 of 10 completed. Street signage will be provided by neighbors since it is a private road. This could be petitioned to the City Council to adopt as a private road on the official street map, as an option. Mark Torpey, Chairman asked if there were any 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. Howard Pinsley made a motion to approve the lot line adjustment. 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 2. 15.004 OAK RIDGE SUBDIVISION PHASE 2, Meadowbrook Road, 72 lot preliminary conservation subdivision within the Suburban Residential-2 (SAR-2) District. SEQRA: SEQRA Phase I issued negative declaration on May 7, 2003. SEQR review for current Phase II project is required. Planning Board initiated coordinated review and request for lead agency at 04/08/15 meeting. Correspondence sent out, 30 day window has not yet been exceeded for agency input. BACKGROUND: Property was rezoned from RR-1 to SR-1 on November 4, 2002. On May 7, 2003, the Planning board provided approval for a 42 lot cluster subdivision on the property. The design contemplated a full build out including street Network, lots, civic space, open space areas, and site access from Dyer Switch Road (2 points) and Meadowbrook Road. Mark Torpey, Chairman stated the Planning Board initiated coordinated SEQRA review at the April 8, 2015 meeting. Correspondence was mailed, 30 day window is still not exceeded for agency input. Kate Maynard, Principal Planner stated we did send correspondence to the Department of Health as well as the Department of Environmental Conservation, reiterating the 30 day window has not been exceeded yet. Mark Torpey, Chairman stated this is the SR-1 District in the City which requires 35% of unconstrained lands be preserved for permanent protection, as a foundation for the Conservation Easement. In this case the easement would be owned and maintained by the homeowners association. The applicant is seeking a density bonus for the project. Baseline density is 64, density bonus increase 8 for a total of 72 units in total. They are justifying this density bonus by providing public access to a trail to traverse the site. This is also a requirement. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 4 of 10 Kate Maynard, Principal Planner stated Tim Wales, City Engineer spoke at the workshop. Comments to date have been provided to the applicant and the applicant will address those this evening. Several residents have come to the office and reviewed the proposed plans. Applicant: Oak Ridge Development, LLC, Jeff Snyder Agent: David Carr, Mark Tabor, LA Group; Susan Bartkowski, Towne, Ryan and Partners, Attorney; Mr. Carr provided an update on this project. Revised documents were provided to staff and the Board concerning the conservation plan. We received an engineering and comment letter from Barton and Loguidice. We responded to that, sending revised plans and comments to the City Engineer and to Barton and Loguidice last week. We received comments from Saratoga County Sewer District #1. We also responded to those comments last week as well. A visual presentation and review of the project history and timeline was provided for the Boards review. This project is located along 9P and Saratoga National Golf Course. Phase I, 31 of the 42 lots or 75% of lots have been built and sold or contracted to be built. This is why we are looking for approval for Phase II. This is a slow build out. An aerial view was provided, outlining the 134 areas. Large trees have been preserved as well as local vegetation to the extent possible. Mr. Carr reviewed the development standards which will continue to be followed in Phase II. - Alley lots – narrow lots with garages in the back. - Conventional lots – garages set 30 feet back. - Custom lots – larger – garage set 50 feet back from the front Mr. Carr stated this will be a walkable neighborhood. Conservation subdivision analysis was identified. 70 acres of open space, 34 acres are unconstrained, that is the 35% unconstrained land that is outside of the development area. Added to that the constrained land. The total open space acreage held with the conservation easement is a little over 50%. The Open Space Analysis was revised. Some lots are smaller to breakup more green space. No change in the entry of the development. Stub streets will be extended. The slope creates a natural buffer. No man made fencing is required or proposed. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 7:46 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Ron Bova, Bova Engineering. With regards to this project there are some issues which I have been asked to look into. There are some construction defects which currently violate the standard in Phase I. The first issue is lots 38 and 39 are alley lots. The current driveway on both of these lots exceeds the maximum allowed by the City of Saratoga Springs. The percentages exceed 13% and 15% grade. With the grades mentioned a car cannot park comfortably. The road profile does not comply with the design plans which were approved by the Board, causing drainage issues in front of lot #38. Lastly, the elevation of the road currently is 1 foot lower than the plans approved by the City. It further compounds the issues. Phase I needs to come into compliance with the City standards. Susan Bartkowski, Towne, Ryan and Partners, attorney for Jeff Snyder. Clients in lot #38 and #39 are in a dispute with Mr. Snyder. Mr. Snyder stated we have heard of these issues. We had our and engineers double check the issues. It is not that far off. It is within inches of proposed, due to natural settling. We will address this issue with the City legally when the roads are accepted. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 5 of 10 Mark Torpey, Chairman stated this is just a discussion and we will note this on the record. We will speak with the City Engineer. Kate Maynard, Principal Planner stated she was first made aware of this today when Mr. Bova came in and reviewed the plans. He did have an initial conversation with the City Engineer. I have not yet spoken to Tim Wales concerning this matter. Tony Izzo, Assistant City Attorney stated the advice he has given the Boards over the years is pretty simple and straightforward. The Planning Board is not a court of law. It is not an agency that can determine rights and obligations of private parties. You just do not have that authority. You have an application before you. There are rules and standards to apply. There are of course, building codes applied by another department. As far as issues between private parties concerning obligations they may have amongst themselves, this Board does not have the authority to make determinations about that. Stay with the standards you have to work with. Mark Torpey, Chairman questioned Dave Carr regarding tree buffering along the backs of the custom properties. Dave Carr stated the top of the ridge does have trees. Beyond that there is an additional 50 feet which structures cannot be built on. A copy of the buffering plan was provided to the Board. Tree preservation is very important to the developer. There is a very specific plan, it reviews building, buffering and landscaping. This is part of the HOA. All lots have buffering, some greater than others. Storm water retention areas were reviewed with the Board. Management regulations have changes since 2002. Under new regulations, dry wells to drain streets no longer complies with NYS regulations. We have proposed filtering storm water through bioretention areas and swales and larger infiltration areas. This will encompass 1% of the open space area. Discussion ensued regarding storm water management containment. Mark Tabor, LA Group spoke concerning open space with these basins. There is still value to these storm water basins as open space. Just because they do not have trees on them doesn’t mean there isn’t value. It may not be significant but it does provide different types of habitat, different cover types for animals moving through that area. It may be beneficial in that it is beginning to provide some type of diversity in open spaces. I would not look at this as utility infrastructure. It is not your hard infrastructure land or a wastewater treatment plant. It is literally a grassed depression that is full of these pock marked depressions. It will be consistent and there will be value. There is public right of way access above the culvert. Mr. Carr stated there was a question regarding the sanitary sewer. We have received correspondence from the sewer district. Significant upgrades have been made and we have been notified that there will be no capacity issues. Tim Wales does have all this information as well. There is no issue with the sanitary sewers. Kate Maynard, Principal Planner, stated the project has been approved by the Saratoga County Planning Board, citing no large or important areas of concern were noted. Mr. Carr stated he received a letter of support for the construction of the project from the Oakridge HOA. Mark Torpey, Chairman asked if there was any further questions or comments from the Board. None heard. Mark Torpey, Chairman stated no action will be taken this evening. Board recessed at 8:25 P.M. Board reconvened at 8:33 P.M. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 6 of 10 3. 14.060 HOFFMAN CAR WASH FACILITY, 2216 NYS Route 50, proposed special use permit for a car wash facility in the Highway General Business (HGB) District. Mark Torpey, Chairman stated this application has been before the Board previously. At this time the primary issues are access points, ingress and egress, as well as discussion of items received by the Board including: - DOT correspondence regarding access (April 29, 2015 – received May 4, 2015). - CME access alternatives analysis - Adirondack Trust correspondence - DEC permit. - Army Corps of Engineers Permit - forthcoming Kate Maynard, Principal Planner stated we did also receive correspondence from Bill Morris (northern property owner) dated April 23, 2015 concerning shared access. Applicant: Martin Hoffman, Hoffman Development Agent: Gavin Vuillame, Environmental Design; Mary Beth Slevin, Attorney for the applicant BACKGROUND: Site is between existing used car sales directly to the north, Adirondack Trust Bank directly to the south. Site is Located at southern boundary of the City just north of the Route 50/Northline Road intersection. Site is located within Highway General Business District and within the Gateway Design Overlay District. Site plan formerly approved by the Planning Board for Retail (Family Dollar) use. Special use permit, site plan review and architectural review (DRC) are required for application. Mr. Vuillame, Environmental Design began the presentation with the access study from Creighton Manning. This issue arose due to the easement with Adirondack Trust. It does give Adirondack Trust some say concerning this access. The entrance alternatives are as follows – one was to provide another access behind the bank to Northline Road. The other access point to be discussed was to flip flop the site around. The third was to share the access to the north owned by Bill Morris. All three alternatives were provided for the Boards review and a letter was sent to the DOT. DOT did review the analysis and came up with the conclusion that the best alternative was to use the shared access as originally presented and noted on the subdivision. The second agency we have been dealing with is the Army Corps of Engineers. The ACOE determined and issued correspondence citing they do not object to the disturbance of these .9 acres of wetland. The original delineation did not include the upland areas in the interior of the larger wetland boundary. We have been in correspondence with them and we are expecting a final determination within the next 4 to 5 weeks. Mark Torpey, Chairman questioned lot #3 owner and his responsibilities to maintaining this area. Mr. Vuillame stated the owner of lot #3 is in the audience this evening and gives him the right to access this area if drainage on his property becomes a problem. A small culvert currently exists and operates fine at this time. Mr. Vuillame stated the applicant is also working with the Village of Ballston Spa Sewer District for permission to use the 1” water line. We are awaiting correspondence granting permission. Mr. Hoffman explained how the suggesting flipping of the project is not feasible. Board member Tom L. Lewis stated it is very difficult to visualize what Mr. Hoffman is saying without written plans. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 7 of 10 Mr. Lewis requested a copy of those plans to be submitted to the Board prior to the applicant’s next appearance before the Board. Mark Torpey, Chairman asked if anyone in the audience would like to speak on this project. None heard. Owner of Lot #3, Bill Morris, was questioned if there is any issue with taking responsibility for the maintenance of this area. Bill Morris, owner of Lot #3, stated he does not take any issue with this. It was original to the subdivision regulations. There have been no issues since we owned the property. We have a concern regarding the location of the water service. Mr. Vuillame provided a plan which shows the relocation of the water service. Kate Maynard, Principal Planner stated correspondence was received on May 13, 2015 dated March 23, 2015 From the Adirondack Trust Company. Mary Beth Slevin, Counsel for the Applicant. The applicant has continued to work with the Adirondack Trust Company to try to resolve any concerns that they may have. They have gone to great lengths to approach the DOT for alternate types of access. Those alternatives have been reviewed by the DOT and in correspondence received today cites the conclusion that they still want the shared access with Adirondack Trust Company as in the original subdivision and that is the bottom line. Discussion ensued regarding the easement for shared access with the Adirondack Trust Company. Tom L. Lewis requested a copy of the letter sent to the DOT by the applicant with the alternative plans. Kate Maynard, Principal Planner stated she did have a conversation with Kevin Novak following the last meeting in regards to the situation. We talked about the subdivision the original approval. What he stated to me is what is stated in their letter they feel the best approach is what is currently on the subdivision. If the Planning Board in 2015 deciding differently than they did in 1998 it would like to see written correspondence from the Planning Board identifying reasons why the Board is shifting. They again reiterated they think this is the best plan. If there are other ideas or concerns they would like that to be articulated so they could take that into account. Mark Torpey, Chairman stated he very reluctant to go through SEQRA at this time. Perhaps the Board could see another alternative and possibly provide some comments and correspondence if needed to the DOT. Marty Andrews, Hoffman Carwash, voiced concerns regarding cross over traffic. Discussion ensued regarding egress out of the site, and a request for new sketches to be drawn and submitted to the Board. This will be reviewed at the next meeting. 4. 15.011 BARDINO MOTORS, 40 Excelsior Avenue, Subdivision review for a 2-lot subdivision in the Transect-5 (T-5) Neighborhood Center District. 5. 12.003.1 BARDINO MOTORS, 40 Excelsior Avenue, Site plan review for an automotive sales and Service facility in the Transect-5 Neighborhood Center District. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 8 of 10 RECUSAL: Board member Dan Gaba recused himself from this application and left the room. Mark Torpey, Chairman stated the first application is for a simple two lot subdivision proposed for existing lot containing auto sales and repair facility and office space. BACKGROUND: 2 lot subdivision proposed for existing lot containing auto sales and repair facility, and office space. SEQRA: Action consists of a 2 lot subdivision and site plan for existing portion of the site (lot#1). Appears to be an unlisted action. Applicant: Charles Bardino, owner Agent: Clark Wilkinson, Paragon Civil Engineering Mr. Wilkinson stated the first portion of the application is for a two-lot subdivision. The proposed lot line is 25 feet east of the concrete block building and that line would be through the center of the existing wood framed addition on that concrete block building. As part of the application we are proposing that wood structure building to be demolished leaving the concrete block building only. Lot#1 is to remain intact. The applicant is looking to sell this lot to a potential builder to build a business or professional office. Clifford Van Wagner suggested discussing the subdivision first. Mark Torpey, Chairman stated as part of the subdivision the applicant is requesting a land swap. Part of the land on High Rock is swapped for the property along the back lot line. It is less than a square foot difference. Discussion ensued regarding the possible land swap. The Board voiced concern regarding access to the property which was viewed on the caravan. Discussion continued concerning conditioning the sub-division. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 9:46 P.M. Mark Torpey, Chairman, asked if anyone in the audience wished to comment on this application. Richard Cooley, 17 Martin Avenue. His home overlooks this commercial district. His only concern regarding Lot#2 – and the residential district and he is requesting buffering between this lot and his Martin Avenue home. Chuck Bardino, his family has owned the business since 1988 and is responsible for this piece of property. Photographs were provided to the Board showing the inability to enter and exit the bays and for deliveries. Mr. Bardino does run this business for his family. Snow removal will also be a problem. Mr. Bardino stated he is the son of the applicant and is against the subdivision. This would be a hardship for the business. Clark Wilkinson reviewed the proposed subdivision and redesign to accommodate the business. Mr. Wilkinson stated they can work together, the applicant and the tenant. City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 9 of 10 Discussion ensued regarding a different configuration, look again at this design again and return before the Board. Kate Maynard, Principal Planner stated going back to the last meeting and the solar access written advisory opinion to the City Council. This was provided to the Board. In reviewing the minutes there are two requirements which you are required to do. One is deeming that it is compatible with the Comprehensive Plan, and secondly that it is not inconsistent with the Zoning Ordinance. In reviewing the minutes there is a question of whether or not this was on the record. We can add to that this evening. The second piece you have today is a Board member has proposed a potential modification to the language of the motion. Two items are before you. If you would like to consider them this evening. Ms. Maynard provided copies of the verbatim portion of the minutes to each individual board member to review for accuracy. Tom L. Lewis stated he would like to make a proposed Amendment to the motion in the Advisory Opinion to the City Council adding the two comments Kate stated, first that it is compatible with the Comprehensive Plan, and secondly that it is not inconsistent with the Zoning Ordinance. Mark Torpey, Chairman stated he would like to take some time and read the information presented this evening. Kate Maynard, Principal Planner read Tom L. Lewis’ proposed Amendment to the Motion in the Advisory Opinion to the City Council. The proposed amendment removes a significant impediment to the development and redevelopment of the critically important downtown core within the T-6 District. In the absence of the amendment a property owner could severely inhibit or perhaps even prohibit the development of his neighbor’s property simply by erecting a solar collector. Also, that it is compatible with the Comprehensive Plan, and secondly that it is not inconsistent with the Zoning Ordinance. Howard Pinsley seconded the motion. Discussion ensued regarding the proposed presented amendment. It was the consensus of the Board to vote on the Amendment to the motion on the Advisory Opinion to the City Council. VOTE: Clifford Van Wagner, 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 APPROVAL OF MINUTES: Approval of meeting minutes was deferred to the next Planning Board Meeting scheduled for May 27, 2015. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:35 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/8/15 City of Saratoga Springs – Planning Board Meeting – May 13, 2015 - Page 10 of 10