Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JULY 22, 2015 7:00 P.M. CITY COUNCIL ROOM PRESENT: Mark Torpey, Chairman; Robert Bristol, Vice Chairman; Dan Gaba; Clifford Van Wagner, Tom L. Lewis, Janet Casey ABSENT: Howard Pinsley STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs. CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 7:02 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. 15.022 EXPERT INSPECTION SUBDIVISION, 508 Grand Avenue, 2 lot residential subdivision in the Suburban Residential-2 (SR-2) District. COMMENTS FROM THE CHAIR: 15.014 SUBDIVISION OF LANDS OF MICHAEL MAGNATTA, Jefferson St., & East Broadway, 2 lot subdivision review within the UR-2 District. This application has been withdrawn. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, August 10, 2015 at 4:00 P.M. Planning Board Workshop, Monday, August 10, 2015 at 5:00 P.M. Planning Board Meeting, Wednesday, August 12, 2015 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. APPLICATIONS UNDER CONSIDERATION: 1. 15.019 PROPOSED ZONING ORDINANCE TEXT AMENDMENT-CLUBHOUSE DEFINITION (SARATOGA NATIONAL), Advisory Opinion to the City Council Mark Torpey, stated on June 3, 2015 the City Council forwarded to the Planning Board a request for an Advisory Opinion with text amendment application. We did have Exhibit A. There were two additional revisions, Exhibit B and a modified Exhibit B, received on June 17, 2015. One of the things we want to discuss is which version we are looking at and speak to the appropriate amendment. The text amendment is to identify Clubhouse golf, and that is what we are focusing on. The Planning Board does have 60 days to render a written advisory opinion to the City Council, unless extended by mutual consent. SEQRA: Action appears to be a Type I action with City Council as an Involved Agency. No action is required from the Planning Board at this time. Mark Torpey, Chairman questioned when the Planning Board response is due. Kate Maynard, Principal Planner stated the Planning Board does have 60 days to render a written advisory opinion to the City Council. This was originally sent to you on June 3, 2015, so this technically is due back to the City Council on August 3, 2015. This maybe extended by mutual consent, with the reasoning for the extension. Mark Torpey, Chairman stated the Planning Board’s scope of review shall include but is not be limited to: - Whether the proposed revision is consistent with the Comprehensive Plan; and - Whether the proposed revision is not contrary to the general purposes and intent of this Chapter Mark Torpey, Chairman stated we are in receipt of a Comprehensive Plan Update approved by the City Council in June 2015. The final version is not yet posted on the website. When will that be available? Kate Maynard, Principal Planner stated the final draft approved by the City Council is incorporating changes/formatting. Draft is available on the City’s website for Board’s review. The formatting has just been completed today and should be posted within the next few days. Copies can be provided to the Board to review. Mark Torpey, Chairman stated based on the fact that the Comprehensive Plan is not up and available for the public to see, and one of the key questions is whether or not the proposed revision is consistent with the Comprehensive Plan, it seems a little premature to proceed with a vote this evening without having more time for that to be reviewed and analyzed. I do not think the public has had the opportunity to see the new version and I feel it is quite important to make the best decision we can. It is a fairly complex issue. We did receive a number of comments today, from a variety of folks. They came at the last minute and we would like to review and digest those. It seems appropriate for this conversation to have a public hearing and spend some time on this. Also to see if my fellow Board members are okay with that. Clifford Van Wagner stated I have been on this Board for over 11 years. I agree that a public hearing is absolutely appropriate. I do not think tonight is the night for that since we are getting new information. I would like to make a motion to schedule a public hearing for August and also ask the City Council to extend our deadline which obviously we are not going to meet. Also, as a part of that, request Mark Schachner, Planning Board attorney to communicate with the applicant, and to give us a clear idea of what these definitions are. Tonight we should hear a short overview by Mr. Toohey and move on with tonight’s agenda. Bob Bristol, Vice Chairman seconded the motion. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 2 of 18 Tom L. Lewis requested a conversation with Mark Schachner and the Planning Board. Kate Maynard, Principal Planner stated she will reach out to Mark Schachner. He will provide legal guidance. The policy portion remains under the Planning Board’s purview. The ultimate decision is the City Council’s. Mark Torpey, Chairman questioned if the council members have seen the final version, and modified Exhibit B that we have as the latest version. Are they ok with it? Kate Maynard, Principal Planner stated the council took up the question of the versions of the special definitions prior to their last meeting. What they had discourse on is and the overall consensus was they wanted the Planning Board to see exactly what was sent on in the original application. They were firm on this. Tom L. Lewis, stated just to be clear there was the first document labeled Exhibit A, then a second one labeled Exhibit B and a third one Exhibit B which was dated. Kate Maynard, Principal Planner stated Exhibit A was provided with the original application and sent by the City Council to the Planning Board for your review. Janet Casey stated Exhibit A and Exhibit B were the same, save for a sentence. Mark Torpey, Chairman stated there is some confusion here. We need to know what version we are looking at. Bob Bristol, Vice Chairman stated he likes to have paperwork which is dated. Mark Torpey discussed using Exhibit A which is what the council has sent us and have a workshop with Mark Schachtner prior to the next Planning Board meeting. Discussion ensued regarding scheduling of the workshop. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 Applicant: Saratoga National Golf Club, Inc. Tom Newkirk and Kevin Betty Agent: Michael Toohey, Attorney BACKGROUND: Saratoga National is pursuing additional expansion at their existing facility which includes a 100 room hotel, and 48 rooms contained within 6 golf lodges, and a spa facility. Mr. Toohey stated we are here this evening is to begin the dialogue with the Planning Board concerning the use and utilization of the only mechanism that is available to us now is to modify the zoning code with regard to a particular use. In a rural residential zone we are not allowed to do PUD’s. As a result we have to find another way to better define what we would like to do with the property. What we are proposing is the largest dedication of green space in the City of Saratoga Springs short of the State Park. Mr. Toohey provided a history of Saratoga Springs, commerce City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 3 of 18 and tourism and green space that presents a green view of the City of Saratoga Springs beyond what was ever imagined. The only place where you can have a golf course and a clubhouse in the City of Saratoga Springs is in a RR-1 zone, which is exactly where my clients are proposing on. Mr. Toohey provided a history of the evolving zoning code which changes definitions from nothing to something to something different. Mr. Toohey stated this would be a clustered utilization. There is enough acreage to be able to do what is being proposed and would remain taxable at some level. There is a benefit to the City. We can work with the Conservation Overlay District. We can dedicate extreme amounts of green space. We have a plan in place that will open this for public use. We believe this a win- win situation for everybody. We are a tourist related community. This is a mechanism that will allow us to continue to develop the tourist dollar and spread the word of Saratoga Springs. Mark Torpey, Chairman stated we will have the new Comp Plan 2015 up and on line. Kate Maynard, Principal Planner stated the marked up copy is currently on the site and available. John Kaufmann, questioned if the meeting with Schachner could be open to the public. Questioned looking into the open meeting law. Mark Torpey, Chairman stated the workshop will be opened to the public. Check the website for date and time. Mr. Toohey questioned if all the versions of the Exhibits could be posted on the web so the public can see the various versions. 2. 15.018 O’SHEA/ETHIER SUBDIVISION, 316-318 Ballston Avenue, public hearing for a 12 lot residential Subdivision within the Transect-4 Urban Neighborhood (T-4) District. Both structures are currently under construction. Subdivision proposed to allow for individual parcel boundaries for individual units, open space and HOA ownership and maintenance of alleyway. Mark Torpey, Chairman stated we have seen this project before. This is just a matter of tying up loose ends. Understanding the HOA language and terms, such as stormwater management, and sidewalks and how that was addressed. The project has all of its approvals, it is being constructed now. We are now finalizing the maintenance issues. Kate Maynard, Principal Planner stated the project was previously approved for: - Special use permit for 12 multi-family residential units - Site Plan Review - Area variance for side setback (shared common walls) - DRC Architectural Review One issue which was recently discussed with the applicants agent was the lot configuration. The applicant was amenable to place all the commonly maintained areas maintained by the HOA on one parcel. That includes the private street to the rear and the space between the two structures. It also contains the stormwater management. The choice was the applicant could go back and modify variances to include that single parcel look or to proceed with looking at what you are looking at which is retaining the open space portion as part of 316F-318A with the provision that the HOA have the ability to access and maintain the stormwater management infrastructure on that parcel. The HOA language has been provided showing the connection between those items. There are technical clarifications which will be clarified with Tim Wales, City Engineer. This will be noted on the plat plans. Agent: Paul Male Applicant: Steven O’Shea, Steven Ethier City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 4 of 18 Mr. Male stated the application is exactly as Kate Maynard described it. This was approved as a site plan. It was subdivided into two parcels. All existing utilities are there. The water line is along the back. The sewer line is in the public right of way. In conversation with Tim Wales I believe I have addressed all his issues. A checklist was sent to him this afternoon. The only issue at this point is to reference the existing utilities and show what was approved on the site plan 3 years ago. Mark Torpey, Chairman questioned the HOA language. Mr. Male stated the HOA will maintain the road and the storm water management area. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 7:49 P.M. 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 7:50 P.M. Mark Torpey, Chairman stated the language in the HOA has been worked out with the staff and the applicants attorney. Clifford Van Wagner made a motion in the matter of the O’Shea/Ethier Subdivision, 316-318 Ballston Avenue for a 12 lot residential subdivision within the Transect-4 Urban Neighborhood T-4) District, with modifications to the HOA language. Reaffirmation of the SEQRA Negative Declaration, no physical changes to the project. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 3. 14.053 21 PARK PLACE CONDOMINIUMS, 21 Park Place, Site plan review for multi-family residences in an Urban Residential-4 (UR-2) District. Mark Torpey, Chairman stated the Planning Board provided feedback to the applicant at the last meeting. The areas of concern were the size of the structures, fire access, vehicular ingress and egress, potential on street traffic issues, Terms of the HOA, in terms of protecting trees, location of HVAC air conditioning equipment, hydrant flow and pressure, DRC weighed in with an Advisory Opinion in terms of design. Additional letters of support. Some letters have been received. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 5 of 18 Kate Maynard, Principal Planner stated the Planning Board had deferred SEQRA Lead Agency Status to the Zoning Board of Appeals. ZBA issued a SEQRA Negative Declaration for this project. The ZBA also issued variances from maximum principal building coverage and minimum front yard setbacks. Saratoga Springs Preservation Foundation provided correspondence, Josh Dulmer, City Arborist provided recommendations related to his expertise and successful preservation of the 150 year old trees on the site. This is before you for site plan review. The Planning Board has received many comments to date. The Zoning Ordinance your criteria for site plan review ensures that the development of the proposed site will not adversely impact nearby properties, community character, or the general health, safety and welfare of the community, which then goes into the site plan criteria. You have received revised plans. You have received HOA language drafted. Parking arrangements were provided, how spaces will be allocated and maintenance of site related items which contain either the open space vision, mature trees on site, as well as the impervious surfaces, sidewalks, driveways, etc. Comments received prior to meeting: Lenore Strocchia-Rivera, PhD- Union Avenue. Mark Herwig, 107 Regent Street. Beverly Mastroianni, 125 Regent Street. Diane & John Roche, 30 Circular Street. Andrea Gardner, 105 Regent Street. Nicole Herwig 107 Regent Street. Ashley Gardner, 160 East High Street, Ballston Spa. Jim & Barb Lombardo, 35 Park Place. Christopher Wallace, 33 Newark Street. Robert Toole, LA, 215 Regent Street. Nancy Lombard, 3 Lee Drive. Kirk Haner. Phil Murphy, Greenwich CT. David Wolfe. Dr. Peter Shea, 7 Saratoga Circle. Tom Gardner, 480 Broadway. Regent Street Neighbors – 12 signatures The applicant will provide an overview of the changes. The Board recessed due to technical difficulties by the applicant @ 8:00 P.M. The Board reconvened at 8:06 P.M. Agent: Tonya Yasenchak, Engineering America Applicant: David Haner, owner Ms. Yasenchak provided a brief overview of the project outlining the changes which were made since the last time the applicants appeared before the Board. A visual presentation was provided. This project is located at the corner of Park Place and Regent Street. The applicant is proposing the addition of two two-family residences to the existing three unit site. BACKGROUND INFORMATION: June 2014 – application submitted to the ZBA. June 2014- Planning and Zoning decision to have ZBA Lead Agency Status for SEQRA. October 2014 – City Arborist visited the site and provided comments. November 2014 – Preservation Foundation reviewed the project. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 6 of 18 November 2014 – DRC provided Advisory Opinion to the Planning Board, unanimous approval. December 2014-ZBA provided Negative SEQRA determination, unanimous zoning approval. 2015 – the project returned before the Planning Board. Ms. Yasenchak reviewed the Comprehensive Plan to show how this project is consistent with the neighborhood, as well as the plans and the goals of the City. In the Comprehensive Plan both in 2001 and 2015 version it does say it would like to encourage the development of higher density residential alternatives within the Urban Core. To promote a broader mixture of uses in selected areas to encourage social, business and residential interaction and diversity. The key for future growth is focusing development near the City’s core and the existing infrastructure resources. This is very important because as the City grows there is limited space for it to grow. In order to reduce any kind of urban creep into the neighborhoods where the City wants to keep more farm like, it will as a City has to look at lots and the resources that are within the City. This project does fit within the goal outlined in the Comprehensive Plan. The map in general shows this area should be in a HDR Core Urban Density. This suggests 10-15 units per acre. This site is 0.726 acres which would equal to 10.8 units. The lot is in an HDR-2 zone which would suggest a higher density. This is in a UR-4 zone. This site does have over 31,636 square feet of developed property. We are within the parameters. A three apartment structure exists currently on the property. We are asking for 7 units out of the 10 which is allowed. A neighborhood review of the homes and its diversity in multifamily residences and architectural styles. Review of elevations was provided. The proposed project buildings are no longer mirrored. We have added porches. We have not changed density. We have made some drastic changes to the driveways. We are only adding one driveway. All driveways will have the ability to access the street going forward. Parking has been revised. 1½ spaces are required per unit. 10 units would be required. Parking spaces will number 14 on the site. They are the appropriate size. Statistics regarding traffic accidents was also provided to the Board. Construction schedule has not changed just the timing. Extensive information concerning stormwater management during and after construction. Information regarding the trees. Infrastructure improvements will be made. The applicants are adding curbing and 2 Sternberg Street lamps. All lighting will be downward facing. Eight of the eleven trees will remain and 6 additional trees will be added. Two hydro flow tests were performed and they have more than adequate supply for the residences as well as emergency services. Sanitary sewers will be tied in to the existing infrastructure. Revised landscaping plan was also submitted. Air conditioning units have been moved and are now located on the sides and backs of the buildings. They are located within the courtyard. Trash areas have been relocated and screened. HOA language has been included concerning the maintenance of the trees. Concerning the adequacy of the fire lanes and emergency vehicles, we do have a letter from the Fire Chief which stated the concerns they previously had have been rectified with the new driveway configurations. The applicant has shown that this project the addition of two – two family units is still within the zoning which has been put forth as well as the Comprehensive Plan. PUBLIC COMMENTS: Mark Torpey, Chairman stated will now provide privilege of the floor to the audience. Dan Maney, 108 Regent Street. I live adjacent to the project. I am opposed to the project. Mr. Maney provided some history of the street and area, noting how these homes and this area was rehabbed, many years ago. This project will change the character of the neighborhood. Alice O’Brien, 21 Park Place. Ms. O’Brien cited the City Code Chapter #241 subdivision regulations. This is not a subdivision but it is a subdivision. This is a family neighborhood. There are overshadowing issues. Trees on site forever lost. Privacy is lost. Inadequate setbacks. Added density, detriment to me and my home. Increase of traffic. Mark Herwig, 107 Regent Street. Regarding the pink map. Increase in density, too much going on. Even though garages have been taken out of the plan; there are the same number of cars, people and density. 5 Accidents on the corner are 5 too many. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 7 of 18 Deidre Ladd, 113 Regent Street. Provided a brief overview of the neighborhood. The schools, high school, preschools, church, soup kitchen, etc. Tons of cars and an amazing amount of traffic. This is a very unique spot. Diversity of buildings. No one in the neighborhood wants this project. Very heavy foot traffic. Ann Trainor, 77 Regent Street. Neighborhood signatures were submitted to the Board. These people have lived here for a long time and don’t want to move. Some homes listed as 2 families but they are not 2 families. This is a busy traffic area. Ashley Gardner, Ballston Spa. Regarding the trash, there is not enough space for trash. Six cans for garbage and recycling. Arborvitae not adequate to replace the beautiful hedge on the property. This plan is not significantly different from what it was originally. I do believe in infill development. Concern where the construction materials and storage would be located. Jane Wie, 44 White Street. I have lived here since the 1960’s. My husband John Kaufman bought our home at 44 White Street in 1978. This project is not consistent with the neighborhood. We object to this project. Ms. Yasenchak noted that there were approximately 13 letters which were written and sent to the Planning Board within the last couple of weeks in support of the project. Christopher Wallace, Newark Street. Richard Haner. Kirk Haner, Clifton Park. Phil Murphy, Greenwich CT. Susan Kiley, East Avenue. Dr. Peter Shea, Saratoga Circle. Stephen Lombard, Lee Drive. Nancy Lombard, Lee Drive. Dr. Lenore Stroochia-Rivera, Union Avenue. David Wolfe, Division Street. Kathryn Oppedisano, Pepper Lane. Zita Ryan, Woodlawn. Barb Haner, Webster Street. Clifford Van Wagner read out of the new Zoning Code 7.2.4 evaluation of criteria for site plan review: “Ensure that the development of post site will not adversely affect the impacts on the property, community character, or the general health, safety and welfare of the community. The Board’s evaluation shall include the following: Location, arrangement, size, design and general site compatibility of buildings. Adequacy and arrangement of vehicular traffic access, and circulation. Location, arrangement, appearance and sufficiency of off street parking”. That is what we have to look at. From the beginning this Board felt this project was too much. I have struggled with the visual density. My contention is the visual density has hardly changed at all from the initial application. These buildings do not blend in. It is oil and water to me. I go back to the neighbors speaking about how it is going to affect their properties. Therefore, I cannot support this project at all. Tom L. Lewis stated I commend the applicant for a number of things which were changed. It is a neighborhood character issue. It is a density issue and I am not comfortable voting for this. Janet Casey stated she is opposed to this project. The traffic issue. Too much density. While the Comprehensive Plan does support infill, it does not necessarily mean every single space needs to be filled it. This is a particular plot, with a particular character in a historic district. I do not support it. Dan Gaba stated he will not support this. It is the same horse with a different color. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 8 of 18 Bob Bristol, Vice Chairman stated from the beginning his issues were density related questions. I do not feel the project has reached the level of defending their case that it is not. Mark Torpey, Chairman stated the Planning Board does have a responsibility in terms of looking at the location, arrangement, size, design and general compatibility of the buildings. I know the DRC has weighed in on this. They have provided an Advisory Opinion. They do not have any jurisdiction in this project. It is our responsibility to look at this in a discerning way to make a judgment call about size, design, location and arrangement. I drive by this area in the morning just to get a sense of it. I drive by it on my way home from work again to get a sense of it and a feel for the area. I was trying to find what exactly my problem with this project is. It has to do with the concept in general. The layout of the courtyard as being the focal point of the project. You have a beautiful site, a beautiful home and have done wonderful things to it. This bulks out and isolates the feel of that property from the neighbors. The pedestrian feel and connection will be gone. I respect your desire to want to do this. This is running counter to the public connection and that feel. I cannot get over that. I appreciate the work you have done. It is the sense of connectivity. When you look at the Comprehensive Plan to encourage new housing development to be consistent with the human scale, historical context and design and characteristics of traditional Saratoga neighborhoods. I can’t in good faith support the project because it does not hit that hurdle. We have a uniform Board on this. Clifford Van Wagner proposed the Board speak to legal counsel and each other and take time to draft a motion for this project and issue that at the next meeting on August 12, 2015. Dan Gaba seconded the motion. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 The Board recessed at 9:15 P.M. The Board reconvened at 9:24 P.M. 4. 15.032 BAZARR SUBDIVISION, 2 North Circular Street, public hearing for a two-lot residential subdivision In the Urban Residential-2 (UR-2) District. Applicant: Al and Meghan Bazarr Agent: Michael Ingersoll; LA Group; Larry Ambrozino, Project Manager SEQRA: Action appears to be Unlisted. BACKGROUND: Proposed lot located close to dead end of Catherine Street (abuts Route 50 ROW). Lot currently has a sidewalk, and curb along Catherine and North Circular frontages. Mr. Ingersoll provided a visual presentation to the Board of the site. We have a parcel here which is .64 acres. The house currently on this site is being renovated at this time. There is a back building. They will create a parcel off of Catherine Street. We have gone to the real estate committee because the stoop on the building is in the right of way City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 9 of 18 by 3 feet. This is currently before the real estate committee. We are trying to retain the land here along North Circular. The Catherine Street parcel we are proposing to sell. We have retained 35 feet on Catherine Street for the possibility of access from Catherine Street for future development of the back building and/or a driveway at some point. A combined sewer line was in place and we will be divorcing ourselves from that sewer and create a new connection so we would have had an easement anyway. Mr. Ingersoll we have included two street trees and two lights per the requirements. No other offsite improvements. We will get a water pressure test. We will try to preserve trees in the setback area. The only thing we are not sure about is a letter of credit. The applicant is hoping for a waiver regarding the letter of credit. We will discuss this with the City Engineer. Kate Maynard, Principal Planner reviewed the subdivision regulations and why a letter of credit is requested and required. Mendez Avery, 42 Catherine Street. Mr. Avery provided a brief history of the area for the Board. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 9:36 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Mendez Avery, 42 Catherine Street, stated the school was in this area, they buried the basement. How will the demolition occur and will there be blasting. I am afraid it will cause damage. Not objectionable to the project. Concerned about snow removal and with stormwater. Mark Torpey, Chairman closed the public hearing at 9:44 P.M. SEQRA: The Board reviewed Part I of the short EAF submitted by the applicant. Several changes were recommended By Kate Maynard, Principal Planner and the applicant will make the appropriate changes. The Board reviewed Part II of the short EAF. No large or important areas of concern were noted. Bob Bristol 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. Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 10 of 18 Mark Torpey, Chairman stated we will now move onto the subdivision portion of the application. You have the curbing, the sidewalk, street trees, the Letter of Credit conversation with Tim Wales, City Engineer. This is pretty straightforward. Dan Gaba made a motion in the matter of the Bazaar residential subdivision on 2 North Circular Street that we approve the application as submitted. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 5. 15.031 MUNTER LAND HOLDINGS/AGROCHEM FARM AND DAIRY, Freedom way, public hearing for a two-lot commercial subdivision In the Industrial-General (IND-G) District. 6. 15.030 MUNTER LAND HOLDINGS/AGROCHEM FARM AND DAIRY, Freedom Way, Site plan review for manufacturing use in the Industrial General (IND-G) District. Mark Torpey, Chairman stated we have seen this application previously when the applicant was proposing to renovate and reuse existing space. This is a new application and location down the road, in the Grande Industrial Park. SEQRA: Action appears to be Unlisted, includes following 15.030 site plan application for proposed subdivision site. BACKGROUND: Kate Maynard, Principal Planner stated we have seen some projects of a similar nature in this area. We are seeing both actions immediately adjacent to each other. First is the two lot subdivision. This is proposing a subdivision off the parent parcel. This is within the immediate vicinity of where you have approved Greenfield Manufacturing and Pure Source. This is continuing development off of the currently private access way called Freedom Way. The Board is reviewing the subdivision and the site plan specific to that subdivision. SEQRA in this case as with the other projects we have reviewed, contains the entire known aspect of the action. So it contains both the subdivision and the site plan specifics. Applicant: John Munter Agent: Nace Engineering Mr. Munter stated the projects this Board has approved over the last year including Greenfield Manufacturing and Peroxi-Chem. This project will be located just south of the Peroxi-Chem Site on the new road we are building. It is approximately a 5 acre site. The proposed building will be in the vicinity of 35,000 square feet upon completion. The applicants have provided information concerning their manufacturing building previously to the Board. Most City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 11 of 18 Comments which were brought up by Kate Maynard, Principal Planner were items which needed to be clarified on the plans for the permanent record. There were no major concerns regarding the engineering aspects of the building. Those items which were noted were reviewed and changes were made. The Karner Blue Butterflies do come up on all sites being developed in this area because they do have a habitat on the power lines. There was an endangered species consultant hired to review this specific site. A record of her findings was provided to the Board for their review. This report stated there would be no impact on the habitat because this is a forested area; butterflies do not have habitats in forested areas. Kate Maynard, Principal Planner stated just to tie into that, for SEQRA review. This is an area where the species have been noted. The regular correspondence from the state has been received. The Frosted Elephant, the Karner Blue and Pennyroyal plant, are listed as endangered or threatened. Follow up further review was performed by Roberts Environmental Consulting. A report was provided as well for the Boards review. A field assessment as well as the description of the habitat. The conclusions of that report stated there would not be adverse impacts on the three species mentioned. Mark Torpey, Chairman questioned if Freedom Way was a private street. Mr. Munter stated Freedom Way is a private street. Conversations with the County have been unsuccessful at this point. Our ultimate goal is to have it become a county road, since they maintain the roads coming up to it. All the property owners on the road basically enter into a shared maintenance and access agreement with an easement. A copy of the shared maintenance and access agreement with an easement was provided to the Board for their review. Mark Torpey, Chairman questioned handicap parking on the site. Mr. Munter stated there was one handicap parking space on the plans. Return comments from Chazen stated we needed to provide 2 handicap parking spaces. We will rectify that on the updated plans. Mark Torpey, Chairman questioned the applicants regarding storage and discharge. Mr. DeMarco stated all storage is accommodated indoors, and they have zero discharge. SEQRA: The Board reviewed Part I of the SEQRA short form which the applicants provided. Kate Maynard, Principal Planner provided initial comments to the Board and the applicant. The Board then reviewed Part II of the SEQRA short form. No large or important areas of concern were noted. Clifford Van Wagner 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: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 12 of 18  MOTION PASSES: 6-0 PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 10:04 P.M. 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 10:05 P.M. Tom L. Lewis made a motion in the matter of the Munter Land Holdings/Agrochem Farm and Dairy, Freedom Way, Grande Industrial Park for a two-lot commercial subdivision in the Industrial-General (IND-G) District be approved. Dan Gaba seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 Mark Torpey, Chairman stated we will now move onto the site plan. We have gone through the issues and addressed all the questions. Tom L. Lewis made a motion in the matter of the Munter Land Holdings/Agrochem Farm and Dairy, Freedom Way, Grande Industrial Park for site plan approval for manufacturing use in the Industrial-General (IND-G) District that the application be approved. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 6-0 7. 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. 8. 15.017 EAST AVENUE DEVELOPMENT – MIXED USE, East Avenue, Special Use permit review For 12 residential units of proposed mixed use development within the Transect=5 (T-5) District. RECUSAL: City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 13 of 18 Board member Dan Gaba recused himself from the remainder of the applications on the agenda and exited the meeting at 10:08 P.M. DISCLOSURE: Tom L. Lewis disclosed that Dave Trojanski is likely to build a new home for Mr. Lewis. He has no financial interest in this project whatsoever. No recusal is necessary, simply a disclosure. SEQRA: Action appears to be Unlisted and includes proposed action included under Planning Board agenda item #15.016. BACKGROUND: Site is within Excelsior Avenue corridor experiencing high degree of re-development activity. Applicant: Trojanski Builders Agent: Dave Carr, LA Group Mr. Carr stated there are two separate projects. There are two separate actions. We were before this Board on June 10, 2015 and presented both projects. The Board initiated Lead Agency Status for SEQRA and referred us to the Design Review Commission. The DRC deferred Lead Agency Status to the Planning Board. They looked favorably on the project and mass and scale of the project. We are here this evening for SEQRA Negative Declaration and Special Use Permit for both projects. If we are successful this evening we will then prepare a site plan for review in the fall. A visual presentation was provided for the Boards review. A review of the site was also provided noting the Spring Run Trail, parking and the location of the 2 residential units as well as the mixed use building. Also noted was the City of Saratoga Springs parcel. The residential project is .4 acres. Two attached units will be accessed by a driveway. An easement was obtained for both of these parcels from the City of Saratoga Springs to access garages in the rear. Curbs exist; we will be adding sidewalks, street trees and street lights and all other amenities the City requires. There will be one curb cut for both projects. Floor plans were also presented to the Board. Water and sewer connections. Kate Maynard, Principal Planner stated we spoke about the elevation as we head down the hill. How is the stormwater management and buffering, land erosion being addressed. Mr. Carr reviewed the topography of the site. We will not touch the rear of the property. We did check the storm sewer and it is not connected. We performed a dye test as well. Our proposal will be to construct a retaining wall along the back and route the water into the city system. We do not have to treat or manage the water, it is not ours. We are actually getting the water into the city system via a system we will build and it will improve the management of the stormwater in this area. Concerning buffering there will be very little buffering added since what currently exists there will remain. Landscaping will be provided but apartments will be built close to the property line. Concerning project #2 at the corner, the mixed use building. Three story 6700 square feet of commercial space. Possible uses, eating and drinking establishment, as stated no interest in putting in a tavern. Perhaps a café. Retail office and service establishment. We do have adequate parking space 42 spaces with the commercial use and 12 apartments which are split between one and two bedroom. A land swap was executed for the public safety building with access out to Warren Street. In exchange the City provided an easement over that property for access and parking for both of these parcels. There will always be two separate parcels. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 14 of 18 Kate Maynard, Principal Planner stated there was conversation with Vince DeLeonardis, Tony Izzo and Tom Roohan concerning the assignment of the easement. At this time it is written to Tom Roohan. What we reviewed within the scope of this project is if the Board sees fit to assign the easement to the two owners who would be utilizing the site to the north and south. Mr. Carr reviewed the traffic plan in the area. Tom L. Lewis made a motion to accept SEQRA Lead Agency Status. Clifford Van Wagner seconded the motion. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 5-0 SEQRA: The Board reviewed Part I of the SEQRA short form which the applicants provided. No large or important areas of concern were noted. The Board then reviewed Part II of the SEQRA short form. No large or important areas of concern were noted. Clifford Van Wagner 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. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, 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 special use, for the application 15.016 East Avenue Development - Residential. Clifford Van Wagner made a motion in the matter of the East Avenue Development –Residential, Special Use Permit be approved with the following conditions: Public parking be retained and the easement assigned to property owners both north and south. Bob Bristol, Vice Chairman seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 15 of 18 None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, 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 Special Use for the application 15.017 East Avenue Development – Mixed Use. Clifford Van Wagner made a motion in the matter of the East Avenue Development –Mixed Use, Special Use Permit be approved with the following conditions: Public parking be retained and the easement assigned to property owners both north and south. Bob Bristol, Vice Chairman seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; MOTION PASSES: 5-0 9. 15.034 GRAZIANO SUBDIVISION, 33 Joseph Street, public hearing for a two-lot residential Subdivision in the Urban Residential-2 District. RECUSAL: Kate Maynard, Principal Planner stated she and her family have a potential interest in one of the lots, therefore she will recuse from this application and then left the room. SEQRA: Action appears to be unlisted. Applicant: David Trojanski, Trojanski Builders Owner: John, Joseph and Jill Graziano Agent: Dave Carr, LA Group Mr. Carr stated this is a two lot subdivision. Visual presentation of the site. The site is .53 acres. The existing home will be demolished. Subdivide into two parcels into equal size .26 acres each site. There are no sidewalks on this side of the street. We will install sidewalks and curbing and a street light with several street trees. The power is one the east side of the street. Power will come overhead across the street and underground to the homes. There is an existing Maple tree that will be transplanted or replaced. This will be up to the homeowner. No zoning issues. City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 16 of 18 PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 10:38 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Fred Mapes, 29 Joseph Street. I do not have any problem with this project. My concern is the very high water table. I am concerned regarding the effect on my home especially water in my basement. Mr. Trojanski assured Mr. Mapes how the stormwater will be managed on site. SEQRA: The Board reviewed Part I of the SEQRA short form which the applicants provided. No large or important areas of concern were noted. The Board then reviewed Part II of the SEQRA short form. No large or important areas of concern were noted. Clifford Van Wagner stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Tom L. Lewis seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, 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 the 2-lot subdivision. Tom L. Lewis made a motion in the matter of the Graziano Subdivision, 33 Joseph Street, for a two-lot residential subdivision in the Urban Residential-2 District be approved. Bob Bristol, Vice Chairman seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, Vice Chairman, in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 17 of 18  MOTION PASSES: 5-0 APPROVAL OF MINUTES: Approval of meeting minutes were deferred to the August 12, 2015 meeting. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:50 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 9/9/15 City of Saratoga Springs Planning Board Minutes – July 22, 2015 - Page 18 of 18