Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JUNE 10, 2015 7:00 P.M. CITY COUNCIL ROOM PRESENT: Bob Bristol, Vice Chairman; Tom L. Lewis, Clifford Van Wagner; Dan Gaba; Howard Pinsley; Janet Casey LATE ARRIVAL: Tom L. Lewis arrived at 7:06 P.M. SKYPE ATTENDANCE: Mark Torpey, Chairman STAFF: Susan Barden, Senior Planner, City of Saratoga Springs. CALL TO ORDER: Bob Bristol called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG: ANNOUNCEMENT OF RECORDING OF PROCEEDING: Bob Bristol, Vice 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. 14.010 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. 15.014 SUBDIVISION OF LANDS OF MICHAEL MAGNATTA, Jefferson St., & East Broadway, 2 lot subdivision review within the UR-2 District. 15.023 SPA SOLAR PARK DEVELOPMENT, Weibel Avenue Landfill, Advisory Opinion of proposed solar Installation within the Institutional-Municipal Purpose (INST-MP) District. Taken off agenda at workshop on 06/08/15 and adjourned to 06/24/`15. 15.018 O’SHEA/ETHIER SUBDIVISION, 316-318 BALLSTON AVENUE, 12 Lot residential subdivision review within the Transect-4 (T-4) Urban Neighborhood District. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, June 22, 2015 at 4:00 P.M. Planning Board Workshop, Monday, June 22, 2015 at 5:00 P.M. Planning Board Meeting, Wednesday, June 24, 2015 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. APPLICATIONS UNDER CONSIDERATION: 1. 14.007.1 SUBDIVISION OF LANDS ON KAYDEROSS AVENUE WEST, 11-17 Kaydeross Avenue West, Subdivision review of 4 lot residential conservation subdivision in the Tourist Related Business (TRB) and Rural Residential (RR) Districts. SEQRA: SEQRA negative declaration issued for project on April 23, 2014. BACKGROUND: 4 lot conservation subdivision approved by Planning Board on April 23, 2014. Since then applicant has made progress in fulfilling conditions of approval and meeting City requirements. While worked progressed, 180 day approval timeframe was allowed to expire. Subdivision Regulations allow for extension of approval if applied for prior to expiration. Application is technically “new”, but reflects same project Planning Board approved in 2014. SEQRA: Action appears to be a Type II action, no further environmental review required. COUNTY APPROVAL: Approved. In accordance with the Memorandum of Understanding (MOU) between the City of Saratoga Springs Planning Board and the Saratoga County Planning Board, the above noted subdivision, which was previously approved by this board on April 17, 2014, has been reviewed by the staff because of its expired city approval. The resubmission has no submitted changes and has been deemed to present no countywide impact. As we previously commented, from the perspective of the county planning board it is recognized that the subdivision application and materials reflect that which was previously reviewed and approved. It still appears that absent from the referred materials there has yet to be any determination of what body or agency will manage/monitor/provide stewardship for the protected (conserved) lands (unless a simple deed restriction on use). We request that for our complete record your office forwards such materials to us upon final approval of the subdivision. Applicant: Dave Decker, Principal of Kaydeross Partners, LLC Agent: Kurt Bedore, KB Engineering City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 3 of 9 Mr. Decker stated this project received a 4 lot conservation subdivision approval by the Board on April 23, 2014. The 180 day approval time frame was allowed to expire. Though the application is technically new it reflects the same project this Board approved in 2014. Mr. Decker provided the Board with the conditions which were specified in the earlier approval. -the hydrant will be included as specified as part of the design. Confirmed July 2014. -layout of the public street to the satisfactory of the DPW and Public Safety. Confirmed by Public Safety -City Attorney to accept the conservation easement. Confirmed May 2014. -submit plans and drawings to the satisfaction of the City Engineer and Planning Staff. Bob Bristol, Vice Chairman asked if there were any further questions or comment from the Board. None heard. Clifford Van Wagner made a motion to reaffirm the SEQRA Negative Declaration. Janet Casey seconded the motion. VOTE: Clifford Van Wagner, in favor; Dan Gaba in favor; Howard Pinsley, in favor; Tom Lewis, in favor; Bob Bristol, Vice Chairman in favor; Janet Casey, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 PUBLIC HEARING: Bob Bristol, Vice Chairman opened the public hearing at 7:15 P.M. Bob Bristol, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Bob Bristol, Vice Chairman closed the public hearing at 7:16 P.M. Clifford Van Wagner made a motion in the matter of the Subdivision of Lands on Kaydeross Avenue West, 11-17 Kaydeross Avenue West that the application for a 4 lot residential conservation subdivision in the TRBD and RR Districts be approved as submitted. Dan Gaba seconded the motion. Bob Bristol, Vice 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 Lewis, in favor; Bob Bristol, Vice Chairman in favor; Janet Casey, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 4 of 9 RECUSAL: Dan Gaba recused himself from the remaining applications on the agenda this evening and left the room. 2. 15.016 EAST AVENUE DEVELOPMENT – RESIDENTIAL, EAST AVENUE, Special use permit review for 2 attached residential units of proposed mixed-use development within the Transect-5 (T-5) District. 3. 15.017 EAST AVENUE DEVELOPMENT-MIXED USE EAST AVENUE, Special use permit review for 12 multi-family residential units and 6,700SF of Eating and Drinking, Retail, Office or Service Establishment uses within the Transect-5 (T-5) District. SEQRA: Action appears to be Unlisted with the Planning Board and DRC as involved agencies. Determination of SEQRA Lead Agency Status. Applicant: Trojanski Builders Agent: Dave Carr, LA Group Mr. Carr stated these are actually two projects and I will present them together for ease of presentation. A visual presentation of the proposed project location was provided. - Project #1 – 2 separate parcels. Two attached 2 residential unit apartments, with a city parcel in between. - Project #2 – a traditional mixed use building. 6,700 square feet commercial space, with two stories of apartments above. Mr. Carr stated this is in a T-5 zone and we thought this would be a good transition between the commercial corridor and the existing residential apartments across the street. This is within a mixed use zone. Project #1 will share a common driveway with Project #2. 2-2 apartment units. Garages will be to the rear. We will improve the sidewalk, street trees, lights and sidewalks. Project #2 sits on the corner and is a traditional mixed use building which is seen in a T-5 zone. Commercial on the first level and two stories of apartments above, 6 apartments on each floor. Parking will be in the rear and on the street and also some parking on the first lot through easement. Some uses proposed will possibly be a coffee shop, deli, and offices. This is at the terminus of the bike trail and could be accessed by the public. Possible outside patio. At the workshop the Board requested some floor plans. Mr. Carr provided floor plans to the Board. Architectural images were also provided to the Board. Horizontal hardy plank cement board siding. Standard divided glass windows, front doors facing the street with garages to the rear. Siding and stone for the mixed use building is proposed. We would like to start the SEQRA process this evening, acknowledging this is two separate projects. Bob Bristol, Vice Chairman asked if there was any further questions or comments from the Board. Janet Casey questioned the easement and the shared driveway. Mr. Carr explained the shared access and easement language. Discussion ensued regarding parking on-site behind the buildings and on street parking. Mr. Carr stated 42 parking spaces will be provided. City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 5 of 9 PUBLIC HEARING: Bob Bristol, Vice Chairman opened the public hearing at 7:39 P.M. Bob Kenyon, Ken-Mar Development. We are the group that developed East Avenue up the hill. I reviewed our plans. It states that there is a watershed abatement listed on the paperwork. We had to comply with that stipulation. The buildings up the hill are concerned regarding water drainage to the parking lot and to the catch basin. The whole area is a wetland. We are concerned regarding our development. Anthony Martino, Ken-Mar Development. The water drainage comes down the hill goes into our system which is in the back of our building and goes down the hill. It comes down to the parking lot where there is a drainage catch basin. Under that area there is a stream/catch basin, which is our concern. Todd Fisher, Equinox Company – Courtyard Marriott. We are in favor of good development and responsible development. This looks like a great project. I am using this opportunity to speak to the Board about an approval which occurred in 2003. I would like to bring your attention to the meeting of March 5, 2003. During that meeting it was mandated by this Board that we provide the signal at the corner of Excelsior and East Avenue. At that time, We were told the City would determine what was fair and equitable so that we would be reimbursed for that signal. We would like the Board to consider all the projects in the corridor of East Avenue and Excelsior. If the Board would review the minutes of that meeting. We have had several meetings with Kate over the years to try to get this resolved. To date it has not yet been resolved. Before this project or any other project comes before this Board in this corridor we would like to have an equitable reimbursement to the Courtyard Marriott. When Mr. Bonacio received approval for the town houses on High Rock, at that time Sonny reimbursed us. I do not know how that figure was devised but we did receive some money from him. We would like the Board to consider what was mandated to us by this Board. This was first brought to the Planning Department’s attention during your initial look at the mixed use development at 77 and even during the meeting we had with Kate. Bob Bristol, Vice Chairman stated this is a very good point. Since 2003 there have been a number of these things. The coordination of how they have been paid for in my mind needs to be memorialized a little bit better than it has been. Jeremy Starr, 20 Martin Avenue. How far back into the hill are you planning on digging? Mr. Carr answered Mr. Starr’s question with a visual presentation on the map. Mr. Starr questioned the water issue. Mr. Carr stated those culverts pass under East Avenue and other streets. They come from Congress Park and travel under many well traveled streets. They are very large approximately 8 feet high by 6 feet wide. We are familiar with the catch basin and we met with the City and we went down in the manhole and walked in the culvert under the road. That catch basin in not connected any longer. We feel we will need to rebuild it. We have a bigger concern than you. It impacts us more than you because it comes towards us. We have to pick up the drainage and put it where it belongs. Our project will actually improve drainage in this area. Susan Cooley, 17 Martin Avenue. Expressed questions concerning the Special Use Permit. Bob Bristol, Vice Chairman explained the process. There will be many opportunities to speak regarding this at a later date. Bob Bristol, Vice Chairman stated the public hearing will remain open. City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 6 of 9 Bob Bristol, Vice Chairman discussed with the Board requesting Lead Agency Status. Clifford Van Wagner made a motion requesting Lead Agency Status for the East Avenue Development – Residential Project on East Avenue. Janet Casey seconded the motion. VOTE: Clifford Van Wagner, in favor; Howard Pinsley, in favor; Tom Lewis, in favor; Bob Bristol, Vice Chairman in favor; Janet Casey, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0 Clifford Van Wagner made a motion requesting Lead Agency Status for the East Avenue Development – Mixed Use Project on East Avenue. Janet Casey seconded the motion. VOTE: Clifford Van Wagner, in favor; Howard Pinsley, in favor; Tom Lewis, in favor; Bob Bristol, Vice Chairman in favor; Janet Casey, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0 Mr. Carr questioned the Board if they were sending the applicant to the DRC for an Architectural Review advisory opinion since they are an involved agency for both projects. Bob Bristol, Vice Chairman stated we will await their determination for Lead Agency and an advisory opinion. Mark Torpey, Chairman questioned the Board’s purview in determining the usage of the Commercial Space. Susan Barden, Senior Planner stated the special use permit can limit the square footage of the type of business which can occupy the space. The Planning Board can also limit hours of operation. 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. 12.003.1BARDINO MOTORS, 40 EXCELSIOR AVENUE, Site plan review for an automotive sales and service facility in the Transect-5 (T-5) Neighborhood Center District. SEQRA: Action consists of the 2 lot subdivision and site plan for existing portion of site (Lot 1) appears to be unlisted. BACKGROUND 2 LOT SUBDIVISION: 2 lot subdivision proposed for existing lot containing auto sales and repair facility, and office space. City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 7 of 9 BACKGROUND FOR SITE PLAN REVIEW FOR AUTOMOTIVE SALES AND SERVICE Planning Board most recently approved a special use permit for auto sales and service, business and professional office, retail, eating and drinking uses (January 17, 2012), and site plan approval (January 17, 2012) for entire site. SUP has been implemented due to approved uses occurring at site; site plan approval expired without final plans being signed by the Planning Board Chair. Applicant: Charles Bardino, Bardino Enterprises. Agent: Clark Wilkinson, Paragon Civil Engineering Mr. Wilkinson stated they are here this evening for the two applications. The subdivision of the parcel to the east. The second application is for site plan approval for lot #1 following subdivision. At the applicants last appearance before the Board there was discussion with Charles Bardino, III regarding the changes which are proposed. These discussions ensured that any development on these parcels would not inhibit the ability to run his business operation. The changes which occurred: we have moved the property line five feet further away from the building. Moved the entire shared driveway. This is just to show the possibilities of what might occur once the subdivision is approved. A visual presentation was provided to the Board ensuring the tractor trailer deliveries could be made. Access into his work bays was reviewed with a shared access agreement on the parcel as well as prohibiting any fencing on the 20 foot corridor. The travel corridor along Excelsior Avenue regarding plantings and such. We are in agreement that any future development of this parcel would have to incorporate that planting plan and would be part of the future development plan. The site plan for the parcel in application #2, we are presenting as it is since it is an existing site. We are supplementing some of the plantings which are currently there. No improvements on this parcel are anticipated at this time. In the future only if the subdivision is approved. Bob Bristol, Vice Chairman stated the public hearing has been opened and remains open. Bob Bristol, Vice Chairman asked if anyone in the audience or on Board wished to comment on this application. Clifford Van Wagner stated he would like to hear from Charles Bardino III who operates the family business. When we last met we were told this would possibly isolate or sterilize the car dealership that he has. This was awkward 2 weeks ago. I would like him to comment on the changes. This is a strange application to say the least. Charles Bardino, III stated he is opposed to this. He questioned the distance to the bays from the property line which will not work. The tractor trailer going around the building will not be accommodated with this plan. Mr. Bardino visually explained to the Board the inability of the proposed plan to actually work. Photographs were provided to the Board for their information concerning the turning radius and inability to receive deliveries. Discussion ensued regarding ability to subdivide this lot and maintain this business on the adjoining property. Tom L. Lewis stated he would like to defer this to the City Engineer. I am fairly sure this works. I have seen this before. Janet Casey stated it seems we need a mediator. We have a fundamental dispute if this will work. Mr. Wilkinson stated he is sure this will work. There are other things which can be done. It will work. Clifford Van Wagner stated his concern is that we do not sterilize a business which has been operating for many years by approving this subdivision. Mr. Wilkinson stated the applicant is willing to make the shared access work. City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 8 of 9 Bob Bristol, Vice Chairman stated the public hearing has been opened and remains open. Bob Bristol, Vice Chairman asked if anyone in the audience wished to comment on this application. Todd Fisher, Equinox Company – Courtyard Marriott. They can use a Reciprocal Easement Agreement. They can do that any where they wish. Howard Pinsley stated Tom Lewis was correct this needs to be seen and approved by the City Engineer. NOTE: 8:35 P.M. Mark Torpey, Chairman exited the meeting via Skype. It was the consensus of the Board that the applicant meets with the City Engineer. If the City Engineer determines the truck’s ability to make this turn with the access provided we will be satisfied. Also the ability to use the bays. Clifford Van Wagner stated he feels it is necessary for the Board to meet with the City Engineer sometime this week. Bob Bristol, Vice Chairman stated the public hearing will remain open. Bob Bristol, Vice Chairman stated we are not in the position now to perform a SEQRA review. APPROVAL OF MINUTES: Approval of meeting minutes was deferred to the June 24, 2015 meeting. MOTION TO ADJOURN: There being no further business to discuss Bob Bristol, Vice Chairman adjourned the meeting at 8:46 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/8/15 City of Saratoga Springs – Planning Board Meeting – June 10, 2015 - Page 9 of 9