Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JULY 8, 2015 7:00 P.M. CITY COUNCIL ROOM PRESENT: Mark Torpey, Chairman; Robert Bristol, Vice Chairman; Dan Gaba; Tom L. Lewis, Howard Pinsley; Janet Casey ABSENT: Clifford Van Wagner 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: 14.067 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. 15.022 EXPERT INSPECTION SUBDIVISION, 508 Grand Avenue, 2 lot residential subdivision in the Suburban Residential-2 (SR-2) District. 15.018 O’SHEA/ETHIER SUBDIVISION, 316-318 Ballston Avenue, 12 lot residential subdivision within the Transect-4 Urban Neighborhood (T-4) District. COMMENTS FROM CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, July 20, 2015 at 4:00 P.M. Planning Board Workshop, Monday, July 20, 2015 at 5:00 P.M. Planning Board Meeting, Wednesday, July 22, 2015 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. APPLICATIONS UNDER CONSIDERATION: 1. 14.059 77 EXCELSIOR MIXED-USE PROJECT, Architectural Review of a proposed 3-building, mixed use development within the Transect-5 Neighborhood Center District. BACKGROUND: The site is located between Fresh Market site (common ownership) and building at the corner of East and Excelsior Avenues. Former “blue house” recently demolished on-site. SEQR: Planning Board and DRC are involved agencies. Comments from the DRC. Site plan review and Architectural Review (DRC) are also required for project. Resubmission provided illustrations of plans slightly revised. Mark Torpey, Chairman stated this is a mixed use project. The applicant is before the Board this evening for a special use permit. This is in the Transect-5 District (T-5) zone of the city. The Board has seen this project before. A quick recap – the parcel size is 2.2 acres, 101 apartments, 1300 square feet of commercial space which is excluding the home office portion of the project. The applicant is looking at 9 potential uses. Retail, bakery retail, office, real estate, art gallery, service establishment, financial institution, rec facility, eating and drinking establishment. 101 units, required parking 159, provided 162. NYSDEC approval at this point regarding rare and state listed animals and plants. Phase 1A as well as a Phase 1B Architectural review which has been completed. A traffic impact study has been done. Marc Benaquista has reviewed that and has provided a general ok with that. I would like to you to spend a little bit of time speaking about the cumulative impacts associated with the project. DRC did provide us with comments that are to help us with SEQRA determination. It is not an official Advisory Opinion. They have jurisdiction over the project. Applicant: Beechwood Associates; Todd Curley; Andre Schmidt Agent: Dave Carr, LA Group; Michael Tuck, Balzer & Tuck Architects. Mr. Carr stated the applicant was before the Board on January 14, 2015 for our initial presentation. - 01/14/15 Special Use Permit and request for Lead Agency Status deferral from the DRC to the Planning Board. At that time the Planning Board requested an Advisory Opinion from the DRC as to the appropriateness of the mass, scale and character of the Development. - 02/04/15 Appeared before the DRC for an Advisory Opinion to the Planning Board. Constructive conversations. Most of the conversation focused on the access road elevation. Focused on the entrance into the place and what was perceived as lack of public plaza space. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 2 of 17  - 07/01/15 Appeared before the DRC for an Advisory Opinion to the Planning Board. We received a positive response. - 07/08/15 before the Planning Board for a Special Use Permit. Mr. Carr provided a visual presentation of the site which is now 2 ½ buildings. The Fresh Market building was built first. The mixed commercial building which is currently includes some retail spaces and is referred to as Building 2. Building 3, which is currently under construction, it is anchored on both sides by commercial footage. Parking below. It is a mixed use building with 54 apartments and 4 commercial spaces. This is a mixed use building along Excelsior with ground floor commercial as well as office space on the ground floor, apartments on the upper 3 floors. Mark Torpey, Chairman questioned if the visual is showing the proposed landscaping plan. Mr. Carr stated no, not really. This is just a graphic. It is close. There have been efforts to supplement additional plantings on the corner, after conversations with City staff. Also included was an upgraded CDTA bus stop and significant improvements from East Avenue to Marion Avenue along this corridor with some benches. Considerable thought will be given to that portion of the building. There are trees in the parking lot, additional trees along the frontage. We have street trees proposed and additional deciduous trees. There are some biorentention areas planted up. Mr. Carr continued with the presentation outlining buildings #4, #5, and #6. They contain 101 apartments in these three buildings, and 1800 square feet of commercial space. There is another 3,000 square feet of work/live space which Mike will present. 162 parking spaces, 107 of which are garage parking. In total between the two sites, there will be 155 apartments and over 60,000 square feet of commercial space. Mr. Carr reviewed the uses the Chairman stated earlier, they have not changed from the original application. It is a mix of uses. Mr. Carr focused on the changes which were made. The DRC was concerned with was the view of this building coming up the access drive. Their discussion consisted of making the entrance coming up the hill, looking for additional plantings and landscaping. . Suggestions were made to try to friendly this space up. What we did change was the addition of a 6 foot high retaining wall with patio space behind. We pulled the street grade back in to create low sitting walls. A water wall feature was added to invite people in. This is all about the pedestrians walking up the sidewalk creating an area of respite. Landscaping has been increased all looking towards bringing the public in. We will be creating a false front access along Route 50. No major changes were made. Mark Torpey, Chairman questioned if the addition of some civic space was a requirement in the Fresh Market. Mr. Carr stated there is some civic space proposed on both sides of the project as well as some seating areas. There are seating areas in front of the Fresh Market that are utilized but it overlooks a parking lot. Kate Maynard, Principal Planner stated the Board also considered a gateway treatment, at the corner of Route 50 as part of the project’s civic space. Landscaping as well as some boulders and other features. We did have conversations with Dean Devito and Todd Curley. They were open to the idea of adding something closer to the road, keeping in mind the applicant needs to work with the DOT. Todd Curley, Prime Beechwood stated the applicants have received DOT permit approval this week. We have started some grading and soon we will be installing decorative fencing to build up that area along Route 50. Seasonal decorations can be added such as flowers, etc. Mr. Tuck provided a visual presentation of the architecture of Building 4 & 5. To create a transition between the three and four story buildings. The DRC was happy with the massing of the buildings. They do step up toward Route 50 taking into account the topography of the site. Mark Torpey, Chairman questioned the amount of buffering proposed along Route 50. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 3 of 17 Mr. Tuck stated some trees will be removed still providing a 10 foot buffer. This is still preliminary. We are still developing the site and we will provide updated schematics to this Board and the DRC. Kate Maynard, Principal Planner stated she received a verbal comment regarding the Urban Forestry Master Plan. There is at least one large tree within that vicinity that was on their list of notable trees in the City. It would be helpful to identify and specify if/ how tree could be preserved on future site plan submission. Mr. Tuck did provide a preliminary plan of the landscaping proposed in this area. Also a review of the screening of roofing equipment which was provided to the DRC. Civic space is required for the project. A small water feature is added and seating area off the access road into the site. Discussion ensued regarding civic space what is appropriate, and what is enough. Mr. Tuck continued with his presentation regarding building heights and its compatibility with the site. He provided floor plans of the work/live space. Mr. Bristol questioned potential meeting rooms, or large conference room. Other buildings contain business centers for this use. Could you present some of your market samples in the work/live space for the Boards review? Mr. Curley stated Building #3 has a Business Center which contains a large conference room/meeting room which is currently under construction and is available for all tenants for their use. Mr. Carr stated an updated transportation study was completed. A letter with updated information was submitted to with the application. This study was performed by Creighton Manning. Mr. Carr stated the study was based on 109 units and 2400 square feet of commercial space. At that time we were looking a little bigger project. These numbers maybe a little inflated. Basically what was found was the peak hours are pm peak hour and Saturday peak hour. New trips generated during PM peak hours – 75 total 47 entering 28 exiting, Saturday peak hour 65 total 35 entering and 30 exiting. I pulled the report apart and took the report which was done in 2014 and they had billed traffic volumes in 2014, and this one has billed traffic volumes in 2017. I over laid the two. The net increase is 10 new vehicles in the pm peak hours or an increase of 20% entering the site. Six new cars exiting the site left turn out in the pm peak hours. At the Marion/Excelsior site 9 new additional cars going west, and only 1 additional car coming down Excelsior and going up Marion Avenue. Six additional cars coming down Excelsior and turning up Marion Avenue. Mark Torpey, Chairman questioned the Level of Service letter designation. Mr. Carr stated in 2017 billed Marion Avenue/Excelsior Avenue – Level of Service B’s and C’s. Tom L. Lewis questioned the Level of Service letter designation on Route 50 and Marion. Mr. Carr stated in 2017 billed Marion Avenue/Route 50 D and C’s. Discussion ensued regarding the length of the light on Route 50. Kate Maynard, Principal Planner stated they have spoken with DOT regarding the length of the light on Route 50. They are looking for the maximum amount of traffic heading east west on 50. They are giving more green time for that. Noted in conversation with DOT that if conditions do change, working with Public Safety, the City may request more green time or further consideration of improvements to intersection. Mr. Carr stated at the main three points, the largest change from 2014 to 2017 was 24 additional vehicles in the pm peak hour coming down Excelsior entering the site. There is a left turn lane entering the site. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 4 of 17 Mr. Carr discussion the Corridor study, which was done in 2005. The Corridor study was never adopted but one of the suggestions in the first phase, mitigation was around about at Veteran’s Way, a traffic signal at Marion Avenue, provide signal coordination at East Avenue and modify the East Avenue signal. In the second Phase was the center turn lane, between East Avenue and Marion Avenue. That was what we did as part of this project. What I asked Todd to do is to give me the magnitude of cost associated with doing this work. This includes crosswalks, signalization, widening, we had to purchase some land from the City, or an easement for the center turn lane. 60- 70% of the work is done. When this project is done this work will be completed. The estimate from Galusha is approximately $560,000. Also the original project in 2003-2004, there was a contribution made to the City for the signal, for traffic improvements in the amount of $5,000. John Witt also made a contribution of $15,000. I do not know what the money was used for. It was called the Lexington Club, and there was a contribution for that. This is where we stand on traffic. Mark Torpey, Chairman stated each project in that corridor does provide a marginal increase in usage. It is incredibly hard to apportion the costs of the upgrades which are needed. Unfortunately there is no fixed formula that we can point to. Commissioner Matthiesen, Commissioner of Public Safety provided in a letter noting safety issues in this corridor and the increased level of development. He requested a cross sectional plan consistently applied across the entire Excelsior, from Lake all the way to Excelsior Park. We did receive some information recently from Alta Planning regarding the cost to do that. Kate Maynard, Principal Planner stated we have been keeping all the parties apprised. There is a lot of interest from the bike and pedestrian side of things. A new neighborhood being established we are seeing a lot of traffic to the Spring Run Trail, Fresh Market, residences from the area, and also up Excelsior to the connection on Route 50 and up and over the bridge. Overall, there is a concept to look at this area as a bike boulevard, increase transit connectivity- integrate Complete Streets comprehensively. This is a policy the City endorsed. Alta Planning is working for the Citywide Bike Pedestrian Transit plan, complete streets plan as so what the City is looking at is creating an Addendum for this work to be completed that leverages what we can out of the budget for the linkage study and puts the additional budget as an Addendum to be considered in moving forward. It is boiling down to a $15,000 effort above and beyond what we are leveraging in the existing study to complete that work. We have a $6,500 current contribution that Sonny Bonacio kindly provided within his 130 Excelsior Avenue project that leaves us with a shortfall of $8,500 to complete this work from a Planning Public Safety perspective. Mark Torpey, Chairman said the timeliness of the study is important. We would like to get this plan into place. The sooner we get to this the better. Is there any possibility that the applicant can contribute in the same order and magnitude that Sonny Bonacio provided on a proportional basis. Mr. Carr stated we will contribute $8,500.00 for the study. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this project. Todd Fisher, representing Courtyard and Excelsior Springs Banquet Facility. Mr. Fisher stated he was before the Board on June 10, 2015. I commend the applicant for this project. Please review the minutes of the March 3, 2003. We were promised by this Board to be reimbursed for the traffic light we put up on the corner of East Avenue and Excelsior. Mr. Bonacio did reimburse us $3,000 on behalf of his project, the High Rock Condominiums. At the time The Board promised to do a traffic study. I do implore the Board to not approve these projects until something is in place to reimburse us for the traffic light. This was approximately 60,000 to 80,000. Kate Maynard, Principal Planner I met with Mr. Fisher and Jon Lapper. We did do a fair amount of research. This occurred before my time. We looked in the file and into the minutes and basically there was conversation at that Board meeting, discussing Jon Lapper and the projects shared attorney. The Excelsior Avenue study was contemplated at that time. What the issues are that we saw is there is no formal documentation on how this was to be cemented, or who would pay this back. Nothing official. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 5 of 17 Bob Bristol, Vice Chairman stated as a member of the Planning Board and a member of that committee at that time we knew that there would not be a real formula until probably right around now. We are talking 10-12 years. Kate Maynard, Principal Planner stated the Excelsior Avenue study contemplated the fair share cost study mechanism. Because this was never adopted by the City Council that mechanism was never put into place. Thus, potential impacts are a concern by the Board in question for each project, is mitigation required, and looking at things on an individual basis versus cumulative. Those are the two things which are difficult to mitigate. We did find a receipt of Sonny Bonacio’s payment. No information on how or what manner of who is required to contribute from corridor. No formal agreement, documentation that would have formalized arrangement. Applicant has been requested to provide any formal documentation as well, nothing provided. Each applicant as they come forward in this area are adding to the infrastructure of the area. There is that to consider as well. Mr. Fisher stated he was looking at some type of formula for reimbursement as was stated in the original minutes. SEQRA: The Board reviewed Part I of the SEQRA short form submitted by the applicant. There are no large or important areas of concern noted. The Board reviewed Part II of the SEQRA short form. 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 is any further discussion. VOTE: Janet Casey, 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 MOTION PASSES: 6-0 PUBLIC HEARING: Mark Torpey, Chairman closed the public hearing at 8:15 P.M. Tom L. Lewis made a motion for approval of a Special Use Permit for the 77 Excelsior Mixed Use Development, with the following conditions: - The applicant is looking at 9 potential uses. Retail, bakery retail, office, real estate, art gallery, service establishment, financial institution, recreational facility, eating and drinking establishment. - 5,000 square feet of office space - $8,500 donation towards the completion of the Excelsior Avenue cross-section plan City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 6 of 17 Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, 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 MOTION PASSES: 6-0 2. 15.011 BARDINO MOTORS, 40 Excelsior Avenue, Subdivision review for a 2-lot subdivision in the Transect-5 (T-5) Neighborhood Center District. 3. 12.003.1 BARDINO MOTORS, 40 Excelsior Avenue, Site Plan review for an automotive sales and service facility in the Transect-5 (T-5) Neighborhood Center District. RECUSAL: Board Member Dan Gaba recused himself from this application. BACKGROUND: 2 lot subdivision proposed for existing lot containing auto sales and repair facility, and office space. The 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 the entire site. Special Use Permit has been implemented due to approved uses occurring at site, site plan approval expired without Final plans being signed by the Planning Board Chair. Current site plan reflects the remainder of the parent parcel for continuing auto sales and service at the location. SEQRA: Action consists of the 2 lot subdivision and site plan for existing portion of site (Lot 1). Appears to be an unlisted action. Applicant: Charles Bardino Agent: Clark Brink Mark Torpey, Chairman stated based on the previous meeting regarding this application there are two actions for this application. A request for a two lot subdivision in the Transect-5 Neighbor Center District. This requires SEQRA review. The second application is a site plan for an existing portion of site (Lot 1). The key consideration for the two lot subdivision is determining where the parcel boundary line is, and does it negatively impact both parcels, and provide some turning radius functionality for the business which currently exists there now. The applicant’s agent was to provide the full template showing the vehicle and truck navigation through that area. We did receive comments back from Mark Benacquista who did review the template and provided some insight into meeting the requirements from a safety standpoint. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 7 of 17 Kate Maynard, Principal Planner stated Mark Benacquista did speak with regard to the spacing of the driveways. They are closer than the subdivision regulations allow. He is discouraging shared driveway easements in general. Discussion ensued regarding the comments of Mark Benacquista and the spacing of the driveways. Is there enough of turning radius since the driveways are closer than regulations allow. Howard Pinsley stated we asked the applicant to show that the driveway can handle truck off-tracking and turning radius. He has done that. Mr. Brink stated there are two ways to handle this move the lot line to the east or provide a wider access easement. I am merely creating a lot for future development. There are ways to move the parking around, either street parking or providing parking elsewhere on the lot, making this a better project. Mark Torpey, Chairman stated he agreed with Howard and what we requested from the applicant’s agent concerning the constraints we have. What if any terms/conditions on the proposed subdivision. We spoke about have the connected building removed prior to any approval. Kate Maynard, Principal Planner stated what is a typical action by the Board would be to require demolition of the building prior to the signing of the plans. This will avoid any issues with zoning and potential of having a property line established through an existing building. Mark Torpey, Chairman stated we spoke about the contingency with the land swap. You have a real estate committee that advises the City Council. The Planning Board is to recommend this be approved in a timely fashion. This action would be contingent upon satisfactory approval of the land swap. Kate Maynard, Principal Planner stated she would recommend the easement be handled during subdivision approval and well as shared access and the establishment of responsibility for maintenance. Discussion ensued regarding access/access easement and the location and size of the driveway. PUBLIC HEARING: Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman closed the public hearing at 8:42 P.M. SEQRA: The Board reviewed Part I of the short EAF form submitted by the application. No large or important areas of concern are noted. The Board reviewed Part II of the SEQRA short EAF form. 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. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 8 of 17 Bob Bristol, Vice Chairman seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: 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: 5-0 Mark Torpey, Chairman stated we will move onto subdivision approval with the contingencies we discussed – the removal of the building prior to the signing of the subdivision plat, the committee being responsible, and the council being responsible for approving the land swap. The Planning Board’s recommendation would be to do that, it seems prudent. On the ingress and egress, there will be an access easement with 15 feet from the east property line, and 12 ½ feet from the west. No parking within the 15 foot easement. 27 ½ feet total. Shared driveway agreement be established and the responsibility for maintenance to be approved by administrative action. Turning radius will be met based on the approval of the City Engineer, Tim Wales. The driveway which exists will be closed off. Bob Bristol, Vice Chairman made a motion for subdivision approval for the Bardino Motors, 40 Excelsior Avenue with the following conditions: - The removal of the building prior to the signing of the subdivision plat. - Land swap approval by the City Council. - Access easement with 15 feet from the east property line and 12.5 feet from the west. No parking within the 15 foot easement – 27.5 feet total. - Shared driveway agreement be established and the responsibility for maintenance to be approved by administrative action. - The driveway which exists will remain until such time as the other lot is developed. - The turning radius will be met. Howard Pinsley seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: 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: 5-0 Mark Torpey, Chairman stated we will now move onto site plan. We have been speaking about the cross sectional plan which we will have done. The previous applicant stepped up and filled the gap. It would seem to me that this project would need to adhere to those requirements as all the other projects before them. That should be a requirement that it is conforming to the cross sectional plan when it is completed. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 9 of 17 Mr. Brink asked how long after the Cross Section Plan is completed does my client have to fulfill these requirements. Mark Torpey, Chairman stated we will make a stipulation that the applicant will conform to the Cross Section Plan in a timely fashion. The applicant will conform to existing standards for the area, on Lot 1 with street trees, street lights, sidewalks, and all existing standard city details. Also allow the access to be removed consistent with what is there, with the extension of the sidewalk connection. No parking on the lawn. Bob Bristol, Vice Chairman made a motion to approve the site plan with the following conditions as stated by the Chairman. Tom L. Lewis, seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: 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: 5-0 Dan Gaba resumed his position on the Board. 4. 15.023 SPA SOLAR PARK DEVELOPMENT, Weibel Avenue Landfill, Advisory Opinion of proposed solar installation within the Institutional-Municipal Purpose (INST-MP) District. Applicant: City of Saratoga Springs – Lynn Bachner, Deputy Finance Commissioner Agent: Ben Sufrin, Sun Edison BACKGROUND: Site consists of capped landfill, property owned by the City. Project concept has been vetted by the City Engineer and Planning Staff in association with Finance Department. As project is on City property with City as the applicant, formal site plan review is not required. An Advisory Opinion from Planning Board was required as noted within the project RFP. Applicant has agreed to provide an updated survey as reference for the project. The applicant provided a visual presentation at a previous meeting. The Board had some concerns regarding visual impacts. The applicant placed markers around the area to get a sense of the visual impact. The Board members did drive by the site and looked at that as well. It was helpful for the placement markers. Tom Lewis took a video outside his apartment window. SEQRA: SEQRA Negative Declaration issued by the City Council for action on July 2, 2014. Ms. Bachner stated Commissioner Madigan is unable to attend the meeting this evening however, she does appreciate the Board’s time and consideration in making the Spa Solar Park a success. She will be reporting back to the City Council. In the fall of 2012 the Commissioner did initiate a proposal for a solar array at the city landfill. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 10 of 17 Proposals were prepared in January 2013. Sun Edison was awarded the bid in May 2013 to work with the City to convert the capped landfill into a solar energy production site. This is the city’s project. Sun Edison will build, own and maintain a 2 mega watt AC solar array on the City’s landfill for an estimated 20 years. Its financial model does include funding from NYSERDA. This funding was received in October 2014 through the Governor’s NY Sun Competitive PV Program. In the summer of 2013 through the spring of 2014 the grant materials were prepared. This included a SEQRA, which was required. With the assistance of the Planning Department this review was completed in July 1014. The Council agreed unanimously based on the information and analysis therein and documentation the proposed action would not have any significant or adverse environment impacts. Also in the summer of 2013 Commissioner Madigan and I met with Sonny Bonacio the neighbor who has the greatest impact. Mr. Bonacio was completely supportive of the project at that time; his only concern was that glare would be considered in relation towards his buildings. We have allayed these concerns. The panels do not face Mr. Bonacio’s complex and Sun Edison is as concerned about glare as Mr. Bonacio is as it means the sunlight is be deflected and energy is being lost. New materials and technology the glare issue is all but rendered nonexistent. In addition to NYSERDA funding it also includes funding from the sale to the City of electricity generated by the solar array. This is a mote net metering project. This means the actual electricity produced by the city’s solar panels will be directed to National Grid. National Grid in turn will provide a monetary credit to the city for the amounts generated. The City will pay Sun Edison for the electricity that is directed to National Grid through a mutually beneficial power purchase agreement. This is the PPA. The PPA was approved in December 2014 and executed in January 2015. The PPA is for a term of 20 years. The cost for the electricity remains the same for the entire PPA. The 2 mega watt solar energy array is to provide 40% of the City’s current electrical usage. That is substantial. The conceptual design took a great deal of time. There were many considerations that went into this design. The topography and the sub terrain have unique feature which must be accommodated. With safety first we considered the plan, the proximity of the green belt trail, all while being respectful of the neighbors. The solar project is one we hope the City can be proud of. This used to be the City dump which is being repurposed to produce 40% of the City’s currently electrical usage. I will now turn this presentation over to Mr. Ben Sufrin. Mr. Ben Sufrin, Sun Edison provided a visual presentation of the project. Views were taken from the street level and Mr. Bonacio allowed him to take some views from the Springs apartments. These were provided for the Boards review. 10 Stakes were provided at a height of 7 ft. at the solar array boundaries. The solar array will sit at 6ft. 10” in height and very regarding the topography of the land. Discussion ensued regarding the type of fencing to be installed in this location at a height of 7 to 8 feet. Mr. Sufrin provided the Board with some visuals using different types of materials on the chain link fencing. It was the consensus of the Board that plain chain link fencing would probably be the best. Mark Torpey, Chairman stated this is a great project and proud to drive by and look at it. The Board does not have any problem issuing a positive Advisory Opinion to the City Council. Regarding the fencing it would probably be best to remain plain aluminum chain link. Kudos to all. Dan Gaba questioned a dollar amount that could be equated to the 40% savings. Also could this area be expanded? Ms. Bachner stated approximately $100,000 a year. That will go up because the credit will be higher due to increased electrical rate. Our PPA states our rates will remain the same. The RFP has two phases, solar for the City, and the second phase is community solar, in the event the state passes the laws required to do that. If there was an expansion it could benefit the city or the community. Three parcels were chosen, they are all city owned, in a good location. It will be an engineering question. We believe we have chosen the best part of the parcel. Mark Torpey, Chairman asked if we have a motion for a positive Advisory Opinion to the City Council. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 11 of 17 Tom L. Lewis made a motion for a positive Advisory Opinion to the City Council for the Spa Solar Park Development, Weibel Avenue Landfill, with clean aluminum chin link fencing at a height of 7 to 8 feet. Dan Gaba seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. 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 9:27 P.M. The Board recessed. 9:35 P.M. The Board reconvened. Tim Wales, City Engineer joined the meeting. 5. 15.012 HICKEY SUBDIVISION, Avery Street, 2 lot subdivision review in the Urban Residential (UR-2) District. SEQRA: Action appears to be unlisted. BACKGROUND: The Planning Board issued a favorable advisory opinion to the ZBA for this project on May 15, 2015. The project successfully received variances for minimum lot size and minimum lot average width and is before the Board for a 2- lot subdivision final review. Applicant: John Witt Agent: John Witt, contractor Mr. Witt stated the required variances were received from the ZBA for lot width relief and also area relief. This was two lots originally. All lots in the area are approximately 50 feet wide by 120 – 130 feet deep. It is in keeping with the neighborhood. We are looking for approval for a two lot subdivision. We received comments back from engineering and have made changes to the maps. The SEQRA was submitted on May 12, and again on June 30, to Susan and Kate. The site is .155 acres for each lot. A driveway was proposed for construction entrance. Street trees, due to the overhead wires we are proposing 2 crab apple trees. The existing cedar tree, we are trying to save as a buffer. Plans were submitted with larger copies to scale. Water connection agreement has been submitted. Subdivision checklist is complete. We are scheduling with Deb LaBreche and an independent engineer to test the 4” water main. Sewer laterals with a 10 ft separation between water and sewer. Standard City details noted. The ZBA did its own SEQRA review, was not coordinated initially. That is why there are two forms and two reviews. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 12 of 17 Mark Torpey, Chairman questioned the addition of one street light. Mr. Witt stated in this neighborhood there are no street lights. The applicant requested not to install a light in this area. He believes the street light will look odd. A request was made to waive the street light. Tim Wales, City Engineer stated he is in receipt of the updated plans. He questioned on the plans it appears a new sanitary sewer is to be installed. Hydro test is appreciated. Mr. Witt state they will hook into an existing sanitary sewer. Plans will be corrected to reflect that. Kate Maynard, Principal Planner stated the outstanding comments noted have been addressed. Mark Torpey, Chairman questioned how the Board feels about the street light. Kate Maynard, Principal Planner stated street light is looked at on a case by case basis. This would require a waiver. There is a safety consideration. It was the consensus of the Board that a street light would be best for safety in this area. Tim Wales, City Engineer stated he will work up a letter of credit estimate. I recommend in the subdivision condition of approval that we have a pre-construction meeting, letter of credit. John Witt stated there is no curbing in this area. I don’t mind paying for the curbing but there is none at the present time. It will not look right. Perhaps it would be better if I would provide some money for curbing in the future when the City repaves the street. Tim Wales, City Engineer stated we do encourage curbing and sidewalks. I will speak with the DPW and perhaps we can work this out. The approval should be conditioned for the curbing. Mark Torpey, Chairman, stated the subdivision approval should have the following conditions as with the City standards, letter of credit, Pre-construction meeting and curbing. SEQRA: The Board reviewed Part I of the SEQRA short form submitted by the applicant. The Board reviewed Part II of the SEQRA short form was reviewed by the Board. 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: City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 13 of 17  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 Kate Maynard, Principal Planner noted several changes to the Part 1 form. Mark Torpey stated the changes need to be made by the applicant and resubmitted. PUBLIC HEARING: Mark Torpey closed the public hearing at 9:55 P.M. Mark Torpey stated we are moving on the subdivision application. Bob Bristol, Vice Chairman made a motion on the Hickey 2-lot subdivision, 10 Avery Street that the application be approved with all the notes and changes noted this evening. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. 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 6. 15.024 AMERICAN NATURAL GAS CNG FUELING STATION, Cady Hill Boulevard, 2 lot Commercial subdivision review within an Industrial-General (IND-G) District. 7. 15.025 AMERICAN NATURAL GAS CNG FUELING STATION, Cady Hill Boulevard, site Plan review of a utility establishment within an Industrial-General (IND-G) District. BACKGROUND: Site is located the corner of Cady Hill Boulevard (County Route 44) and Unlimited Drive (private) within Grande Industrial Park. Unlimited Potential, Slack Chemical also shares the access off the private drive. SEQRA: Action appears to be unlisted and includes proposed two lot subdivision and site plan. Applicant: American Natural Gas/Property Owner John Munter Agent: Rob Jess, ANG; Pete Keller, Sterling DISCLOSURE: City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 14 of 17 Mark Torpey, Chairman stated he does work at NYSERDA. I approved this project. It will not affect my decision making process this evening. There is no financial benefit. Mr. Jess stated we are a local company. We see a lot of potential customers in this site. Saratoga Eagle is a customer. We are in active discussion with other tenants in this industrial park. The use has determined to be a Utility Establishment in cooperation with Zoning Enforcement Office and is a permitted use in the IND-G with site plan review. Mr. John Munter provided some background on this private drive. 3 projects have successfully gone through attorneys positively. Three businesses will access this road and maintain access with easements. Mr. Munter stated this will create $6 million in tax revenue. No water or sanitary sewer is needed for this project. Mr. Keller provided a visual presentation. This is a 50,000 square foot parcel in the northwest corner. Vehicles are proposed to enter off of Unlimited Drive, exit onto Cady Hill Boulevard. Saratoga County has noted concern for current Slack bound vehicles and their navigation of the Cady Hill/Unlimited intersection. To accommodate all large truck movements, applicant proposes widening at the intersection of 12’. And striped areas to accommodate turning radius for trucks turning into Unlimited Drive. Mr. Jess stated the hydrant is in close proximity. CNG infrastructure is extremely safe. They are held to NAFTA standards. It is a very safe facility. The state has a facility around the corner. The Board reviewed SEQRA Part I short EAF submitted by the applicant. No large or important areas of concern were noted. The Board reviewed SEQRA Part II short EAF. No large or important areas or 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. Dan Gaba seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. 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 PUBLIC HEARING: Mark Torpey opened the public hearing. Mark Torpey, Chairman asked if anyone wished to comment on this application. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 15 of 17 None heard. Mark Torpey closed the public hearing. Tom L. Lewis made a motion for the American Natural Gas CNG Fueling Station, Cady Hill Boulevard, 2 lot commercial subdivisions in the Industrial General (IND-G) District. Dan Gaba seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. 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 Mark Torpey stated we will move onto site plan. Mr. Jess provided a visual presentation of the site for the Boards review. National Grid brings in the gas to storage modules. A review of the technology noted the approximate 20-30 life cycle on this equipment. 3 lanes transfer for said fueling. We have worked with Munter Enterprises. Any lanes will be able to fuel both large and small vehicles. The facility will be open 24/7 – 365 days. Video surveillance records all activities. Any problems on site, staff will respond within 1 hour. We are connected via internet. Shut down can be done remotely. Current technology allows for emails to be sent out to service staff. Everyone knows what is going on and can respond immediately. Signage is proposed for way finding. Improvements are required on widening and stripping. Kate Maynard, Principal Planner stated County DPW appears satisfied with the proposed improvements, the widening and striping of the private drive. Safety information has been provided to the fire department, no additional comments received. Storm water can be managed on site. We are happy you are leaving some trees on the site. We are looking for more green infrastructure practices. Creating a visible bioretention area in this area. Additional landscaping along with this bioretention area would be helpful. Any further aesthetics. The enclosure for the equipment has barbed wire on top has it been removed. Mr. Jess stated they will check will NFPA if it is not needed it will be removed. The storm water plan will be designed according to NYS regulations and requirements. More details will be forthcoming. The infiltration basin will be green infrastructure. Tree development model will be provided. Tim Wales, City Engineer stated they are looking for the applicant to utilize more innovative attempts for the storm water management. Rain gardens or bioretention areas. Standard notes need to appear on the plans. The SWPPP needs to be updated. Comments were provided by our consultant engineers which need to be addressed. Mark Torpey, Chairman stated to do some homework and see if there are any other options which could be implemented. Kate Maynard, Principal Planner stated Saratoga County referral is required and noted actions were approved. Saratoga County work permit needs to be obtained for the road widening. City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 16 of 17 Howard Pinsley made a motion to approve site plan, having the applicant look into alternative innovative plans for storm water management. This will be done to the City Engineer’s satisfaction. Tom L. Lewis seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. Dan Gaba stated only that the comments which were made by the City Engineer be entertained. 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 APPROVAL OF MINUTES: Howard Pinsley made a motion to approve the following Planning Board Meeting Minutes as submitted: April 22, 2015; - May 13, 2015; - May 27, 2015; and June 10, 2015 Seconded by Tom L. Lewis. Mark Torpey, Chairman asked if there was any further discussion. None heard. 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 10:35 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 9/9/15 City of Saratoga Springs Planning Board Minutes – July 8, 2015 - Page 17 of 17