Planning Board
Regular MeetingSaratoga Springs, NY · September 9, 2015
Minutes
PLANNING BOARD
MINUTES (FINAL)
WEDNESDAY, SEPTEMBER 9, 2015
7:00 P.M.
CITY COUNCIL ROOM
PRESENT: Mark Torpey, Chairman; Dan Gaba; Clifford Van Wagner; Bob Bristol, Vice Chairman;
Howard Pinsley; Tom L. Lewis; Janet Casey
STAFF: Bradley Birge, Administrator, Planning and Economic Development
Mark Schachner, Counsel to the Planning Board arrived at 8:03 P.M.
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.
15.022 EXPERT INSPECTION SUBDIVISION, 508 Grand Avenue, 2 lot residential subdivision in the
Suburban Residential-2 (SR-2) District.
COMMENTS FROM THE CHAIR:
ADMINISTRATIVE ACTION:
09.020.5 STRIKE ZONE: Proposed action of relocating dumpster on-site.
ACTION: Approved by Chair.
14.050 GORDON/ZUKERMAN LOT LINE ADJUSTMENT: Meadowbrook Road.
ACTION: Approved by Chair.
UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS:
Planning Board Caravan, Monday, September 21, 2015 at 4:00 P.M.
Planning Board Workshop, Monday, September 21, 2015 at 5:00 P.M.
Planning Board Meeting, Thursday, September 24, 2015 at 7:00 P.M.
PRIVILEGE OF THE FLOOR:
None heard.
APPLICATIONS UNDER CONSIDERATION:
1. 14.060 HOFFMAN CARWASH FACILITY, 2216 NYS Route 50, proposed special use permit for
a car wash facility in the Highway General Business District (HGB) District.
BACKGROUND:
Site is between existing used car sales directly to the north and Adirondack Trust Bank is directly to the south. Site
is located at southern boundary of the City just north of the Route 50 Northline Road intersection. Site is located
within the Highway General Business District and within Gateway Design Overlay District. Special Use Permit, site
plan review and architectural review (DRC) is required for application.
Items received by the Planning Board include:
• DOT August 21, 2015 email regarding shared access at site.
• July 15, 2015 Department of Transportation correspondence expressing continued support for shared
access currently at site.
• August 6, 2015 Army Corp of Engineers email regarding forthcoming permit.
• May 20, 2015 correspondence from Mary Beth Slevin, Attorney for the applicant. (There is a discrepancy
the numbers noted do not correspond correctly with the alternative number on sheets).
• May 14, 2015 series of alternative access designs.
• April 3, 2015 Creighton Manning Engineering letter to Department of Transportation requesting input on
access.
• DOT correspondence regarding access (April 29, 2015 – received May 4, 2015).
• Bill Morris (northern property owner) correspondence (April 23, 2015).
• Creighton Manning Engineering Access alternatives analysis.
• Adirondack Trust correspondence.
• Department of Environmental Conservation permit.
• Army Corp of Engineering permit (forthcoming).
• Correspondence from attorney for Adirondack Trust received August 12, 2015.
Applicant: Martin Hoffman, Hoffman Development
Agent: Gavin Vuillame, Environmental Design; Mary Beth Slevin, Attorney
Mark Torpey, Chairman stated at the last meeting the Planning Board approved a SEQRA Negative
Declaration for this project. We also received information from DOT on a specific design they preferred.
They reviewed several configurations which we also reviewed and weighed in on a specific option.
At the workshop we listed several items we would like to discuss as we review the criteria for Special Use Permit.
Mark Torpey, Chairman stated a letter was received just prior to the Planning Board meeting from Mr. Cox the
Attorney for Adirondack Trust.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 2 of 17
Clifford Van Wagner stated the letter basically states that they would like to have a meeting with DOT, Mr. Hoffman,
and Adirondack Trust. They are scheduling a meeting and they would like to postpone any action this evening
until such meeting occurs.
Discussion ensued among the Board members concerning their recommendation for a meeting with all parties
concerning this application.
Mary Elizabeth Slevin, Attorney for Hoffman Carwash provided the Board with an outline of the number of requests
which were made to the Adirondack Trust Company for a meeting. Information was provided to the Adirondack Trust
Company concerning information which was sent to the DOT and when information was sent to the Planning Board.
All these requests and submission were met without a response. I spoke with Mr. Cox today regarding his concerns.
The bank wishes to have a conversation with DOT, and the applicant.
Bradley Birge, Administrator, Planning and Economic Development stated there are several approvals before this
Board concerning this project. Special Use Permit, Site Plan and Architectural Review. Location of access and
circulation details is an issue which this Board does have purview over. This can be ironed out during Site Plan
review.
Clifford Van Wagner stated the bank has been there for a long time and the carwash will be there for a long time,
this needs to be a harmonious situation. It makes sense to get all parties together for a meeting. Perhaps staff can
set up a meeting and be present at this meeting.
Mark Torpey, Chairman stated the applicant has made good progress with this project. We did move on the SEQRA
Declaration at our last meeting. We strongly recommend a meeting with all parties. It will be better served to review
this application following the meeting.
Bradley Birge, Administrator, Planning and Economic Development will set up the meeting. Focus of the meeting will
be discussion on shared access as well as reviewing the 3 alternative plans.
Mark Torpey, Chairman stated once a meeting has occurred the application will be placed back on the agenda.
2. 15.020 BETHESDA PARISH HOUSE, 26 W Washington Street, Consideration of SEQRA Lead Agency
for 4-story mixed use addition in the Transect-6 Urban Center (T-6) District.
BACKGROUND:
The current proposal seeks to construct a 4 story mixed use addition to the structure in the T-6 (Urban Core) District.
Proposed uses of Day Care Center, Group Entertainment, Office and Retail are permitted uses with site plan review
in the T-6 District. DRC Architectural Review is also required for the application. The site is within the Broadway
Historic District (contributing structure) and adjacent to the Casino-Congress Park-Circular Street Historic District.
Washington Street is the City’s current designated truck route.
SEQRA:
Action appears to be a Type I action (located within a National Historic District) with other involved agency of DRC,
and interested agency of NYS State Historic Preservation Office (SHPO). DRC pro-actively deferred to the
Planning Board on June 17. Planning Board accepted lead agency status on August 12, 2105.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 3 of 17
Mark Torpey, Chairman stated at the last Planning Board Meeting on August 12, 2105, the Planning Board accepted
Lead Agency Status for the project. This evening is for Site Plan Review in the T-6 District. This project will require
DRC Architectural approval. All the uses being sought with this application are approved with Site Plan approval.
We did receive some correspondence from SHPO since the last meeting. Based on their comments they did express
some strong recommendations in terms of providing some additional space on the pedestrian level and pushing the
building back. At the workshop we did discuss the applicant provide more information concerning traffic issues with
the many projects in this location in the City, concerning level of service.
Applicant: Bethesda Episcopal Church
Agent: Mike Ingersoll, LA Group; Doug Heller, LA Group; Shannon Brown
Mr. Ingersoll stated at the last meeting the Planning Board accepted Lead Agency for SEQRA. We are hoping
to be able to review SEQRA and answer all the questions from Chazen so we can move this process forward. A
visual presentation was provided to the Board outlining the proposed changes. A review of the site plan was
provided for the Board. The Congress Park PUD still exists and will expire in 2016. They could seek an additional
extension. Mr. Ingersoll reviewed the square footages outlining the new square footage at 21,181 sq feet.
This is an increase of 14,586. The biggest increase is the commercial office space. Mr. Ingersoll
Reviewed all elevations as well reviewing the potential uses. There is an occupancy increase of approximately 100
people. The façade is respectful of new and the old building. SHPO comments were received. The building setback
has been increased. A review of other downtown buildings noting an average setback of 10.66 feet.
Mr. Ingersoll reviewed the site utilities. All storm water will be handled on site via storm planters in the courtyard
as well as raised rain gardens. No waiver for SWPPP is required. National Grid has agreed to eliminate the
overhead wires. This has allowed additional landscaping in the front with three midsized trees, and one centennial
tree which will be larger. This is due to the adjusted building setback to 10 feet at the closed point with an average
setback of 11.8 feet. Victorian street lights will also be added. Heated sidewalks will be installed. Water and storm
sewers are satisfied. We will obtain a letter of credit to perform the improvements and construction and participate in
fair share with our neighbors, providing an easement and a private agreement prior to the Chairman signing the
Mylar’s.
Traffic study was reviewed, including the additional services and uses which will be provided due to the addition
on the Church. A detailed traffic impact or analysis is unnecessary if the traffic study generates below the threshold
as this project indicates. A review of the parking was provided for the Boards review. There is no widening
proposed. No significant changes or mitigation are needed since both the Adelphi and the Rip Van Dam projects
both cleared SEQRA without any significant traffic mitigation. There is no need for any further traffic studies since
this project falls below the published ITE and NYS DOT thresholds, anywhere between and 1/3 and 1/5 of the traffic
being generated by other projects in the area, other than some traffic signal timing adjustments, there really is no
significant traffic mitigation proposed by those projects.
Mr. Ingersoll stated the church has made arrangements for parking during construction across the street. Regarding
the encroachment, the bottom step encroaches into the City right of way. An application was made to the Real
Estate Committee which will then make a recommendation to the City Council.
Mark Torpey, Chairman stated the Board has been wrestling with the traffic issues for some time with regard to
this area and many new projects proposed.
SEQRA:
The Board reviewed SEQRA Part I which was provided by the applicant was accepted by the Planning Board.
The Board reviewed the SEQRA Part II EAF long form. No large or important areas of concern were noted.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 4 of 17
SEQR DECISION:
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.
Bob Bristol 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; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 7-0
Mark Torpey, Chairman stated the next portion of this application is site plan approval. The following conditions
are noted:
1. National Grid to remove overhead wires allowing trees along the frontage area, 1 Centennial tree, and 3
2. others. Species to comply with the urban forest master plan.
3. Radiant heated sidewalks for safety and access.
4. 11.8 foot average setback with 10 foot minimum which will allow for 6 foot
in terms of sidewalk dimension and 3 ½ feet in terms of a tree buffer and a
½ foot of curbing at the minimum point.
5. No waiver from SWPPP. Sistern design.
6. Storm water upgrade needed estimate $100,000. Private agreement
between the parties regarding cost sharing to be reviewed administratively
by the Chair prior to signing of the Mylar’s.
7. Rectify the Right of Way with the City.
8. Opportunity to stage construction vehicles across the street, minimizing
impact during construction.
9. Hours of construction consistent with city standards.
10. Street lights per City Standards.
11. Bike rack.
Tom L. Lewis made a motion for Site Plan Approval with the above noted conditions.
Clifford Van Wagner seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
VOTE:
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 5 of 17
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 7-0
8:25 P.M. The Board recessed.
8:32 P.M. The Board reconvened.
The agenda was heard out of order to accommodate Mark Schachner, Counsel to the Planning Board.
3. 14.038 CITY CENTER PARKING GARAGE, Maple, High Rock and Lake Avenues, proposed two
lot subdivision in a Transect-6, Urban Core (T-6) District.
Mark Torpey, Chairman stated at the last meeting on August 12, 2015 we discussed the project and at that time Mark
Schachner, Counsel to the Planning Board advised the Board take time to draft a motion for this application. The
Board did take his advice. This evening the Board is ready to present a motion.
Clifford Van Wagner presented the following motion:
NOTICE OF DECISION
In the matter of the application #14.038 of
City Center Parking Garage
Maple, High Rock and Lake Avenues
Saratoga Springs, NY 12866
Involving the premises at Maple, High Rock and Lake Avenues, within the Transect-6 Urban Core District, (T-6) in the
City of Saratoga Springs, tax parcel ID#:165.52-4-45 on an application for a final 2-lot residential subdivision the
Planning Board who met on September 9, 2015, and made the following decisions:
Whereas the Saratoga Springs City Council has previously authorized the City Center to submit applications
as relevant to a proposed parking structure on city property, and whereas the City Center, the applicant seeks
final plat approval for a 2 lot subdivision within the T-6 District and whereas the proposed project has been
subject to careful consideration over the course of project review. Therefore be it resolved that the Planning
Board makes the following findings, determinations, and Certifications:
In accordance with SEQRA regulations 6NYCRR Part 617 and after review and evaluation of the SEQRA
full Environmental Assessment Form Parts I and II, the Planning Board approved the issuance of a SEQRA
Negative Declaration on December 10, 2014.
Determined that the proposed subdivision is in harmony with the stated purpose and policies section of the
subdivision regulations of the City of Saratoga Springs specifically Section 2A2 to guide the future growth and
development of the City of Saratoga Springs in accordance with the City’s Comprehensive Plan. Section 2A5
to protect and conserve the value of land throughout the City of Saratoga Springs and value of improvements
upon the land, and to minimize the conflicts among the use of land and buildings. Section 2A13 to insure that
the land is subdivided only when subdivision is necessary, to provide for uses of the land for which market
demand exists and wherein public interest.
▪ The Planning Board hereby approves the application for a final 2 lot subdivision as per the requirements
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 6 of 17
set forth in the City of Saratoga Springs Subdivision Regulations.
The applicant is required to complete the following as per the City of Saratoga Springs Subdivision Regulations:
• Deliver a letter of credit or cash escrow as a performance guarantee to the City for required on- and off-site
improvements as required by the City Subdivision Regulations.
• Submit two (2) mylar and two (2) paper copies of the final approved subdivision plat for signature by the
Planning Board Chair.
• File the signed final subdivision plat with the Saratoga County Clerk within sixty-two (62) days as provided in
Article 3, Section 32 of General City Law.
This approval shall expire if not enacted within 180 days as set forth in the City of Saratoga Springs Subdivision
Regulations Article II, Section I. D.15.
Tom L. Lewis 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; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, opposed; Janet Casey, opposed
MOTION PASSES: 5-2
4. 15.026 EXCELSIOR PARK, PHASE 2, Excelsior Avenue, site plan review for multi-family
Residences in a Transect-5 Neighborhood Center (T-5) District.
Mark Torpey, Chairman stated at the August 12, 2015 meeting we reaffirmed the SEQRA determination on this
project as well as the three lot subdivision. We would like to focus on the Spring Run Trail and how that fits in with
this project. We also spoke regarding some comments from the City Engineer.
Applicant: Saratoga Excelsior Apartments, LLC – Peter Rosecrans, Burns Management; John Witt, Witt
Construction, Excelsior Park LLC,
Agent: Dave Carr, LA Group; Doug Heller, Project Engineer, LA Group, Chuck Poe, Hudson Montana, Contractor;
Dominick Ranieri, Dominick Ranieri Architecture, Peter Faith, Transportation Engineer.
Mr. Carr stated they are seeking site plan approval for this project. The original application was made in June.
We provided a joint presentation to the Planning Board and the DRC in July. We were before the Planning Board in
August and received the SEQRA reaffirmation and subdivision approval. Since that time we have had meetings with
staff and made some additional revisions to the drawings and resubmitted them two weeks ago. Mr. Carr briefly
reviewed the project with a visual presentation for the Board. A view of the projected plan was overlaid on the master
plan for the Boards review. The original special use permit was a narrative on density and uses. This will be a mixed
use neighborhood. We are following very closely to the original plan, revised through comments and meetings. The
building along Excelsior was shifted back approximately 3 feet. Added a civic space to Building A. Fencing is
proposed along the parking lot. Handicap parking was revised. We moved one handicap parking space outside for
visitors and left one handicap parking space inside, for each building. A review of the configuration of the Spring Run
Trail was provided noting the trail offers a raised elevated walkway over the wetlands. This is standard anywhere
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 7 of 17
you have wetlands. The is pretty much decided for you since the DEC and the Army Corps of Engineers requires the
least disturbance as possible to the wetlands. This has been fully permitted and will be completed before the as
builds are completed. It will be constructed next year with some of the work could beginning possibly in the winter. It
will be part of this development. It is part of the letter of credit. Affordable housing will be addressed more fully
during Special Use Permit. The thought was that if you go over 200 units 15% must be affordable housing. These
units would be interspersed throughout the project as it was built. As you know Phase III and Phase IV have expired.
We cannot get to 200 units. The maximum number is 160 residential units. There is no requirement to meet this
affordable standard since we cannot achieve 200 units. A new special use permit will be required and the affordable
housing component will be addressed at that time.
Mark Torpey, Chairman stated this is a very good opportunity to incorporate affordable housing units.
Peter Rosecrans, Burns Management stated we manage about 2,000 units 1,000 in Albany and 1,000 in Saratoga.
We are very interested in this project due to the trending market need in Saratoga for work force housing.
We looked at demographics. Millennial cannot find housing in Saratoga Springs. We are designing units to be
smaller in size so we can bring them to market at a more affordable rate. The design of the apartments includes
studio apartments, 10 in each building, or 30%. Those units will come on the market between $1,100 and $1,200 per
month and are approximately 600 – 700 square feet.
Discussion ensued regarding affordable housing.
John Witt, Excelsior Park, LLC stated they will be coming before the Board for more units. Originally this project was
designed for condominiums. These pads are smaller and can accommodate more units. There is land left and we
will be before the Board requesting more units in the form of affordable row houses.
Mark Torpey, Chairman questioned if these row houses will be affordable housing.
John Witt, Excelsior Park, LLC stated these units are affordable according to Saratoga standards.
Bradley Birge, Administrator of Planning and Economic Development stated the City’s Office of Community
Development currently, monthly verifies income for a variety of programs whether it is grants or loans or housing
opportunities in the city. So, the capacity is currently there. If there were a large number of units, or if this were a
large demand on it, you would have to see how the resources have grown along with that. The City currently does
have the capacity and does operate and manage similar functions now.
Mark Torpey, Chairman questioned traffic information, mitigation, or changes.
Mr. Carr stated it is written in the Special Use Permit. Peter Faith did an addendum to the traffic study.
Peter Faith, Traffic Engineer stated we prepared a supplemental analysis on September 2, 2015 specifically looking
at the project’s impact to the Route 50 Veteran’s Way and what benefit it would be to extend the left turn lane.
Mr. Faith stated with the project the intersection will remain at a level of service C. The left turn lane was not
extended. We did perform another analysis to show what is the benefit of extending the turn lane. There is a
minimal benefit, but the average delay gets reduced by 1 second. This does not improve the level of service. Mr.
Faith provided a visual of the intersection in question, noting specific requirements and costs to be incurred when
necessitating DOT involvement in a traffic mitigation project.
Bradley Birge, Administrator Planning and Economic Development noted the traffic volume at Marion and Excelsior
and the introduction of the new projects.
Mark Torpey, Chairman questioned the public transit.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 8 of 17
Mr. Carr started there will be no change in public transit. It does not come into the development. The CDTA looks at
population. Once this project is built out I believe there will be further discussion.
Mark Torpey, Chairman questioned the institution of a Trail Management Committee.
Mr. Carr stated the committee is in place awaiting the appointment of a City committee member. Everyone else in
place. There are several people from the neighborhood, several people from the Woods neighborhood, an educator,
a Skidmore College person from their environmental department, and member of the Open Space Committee and
someone from the City. Regarding landscaping, there were original standards set forth in the original Excelsior Park
Plan. The standard is a 5 foot green strip, a 5 foot sidewalk, and the building moved back 3 feet. As far as the street
trees spacing will follow the plan submitted in 2003,with 4” caliber trees.
Mark Torpey, Chairman questioned the placement of the mechanicals facing the pedestrian walkway.
Mr. Ranieri stated a meeting was held this date with the mechanical people to discuss this very issue. We resolved
that so we do not have venting along the pedestrian walkway.
Janet Casey questioned the commercial aspect of this project. Ms. Casey questioned what the assurances are that
the commercial aspect will be built out and not left vacant leaving a new neighborhood with no place to walk to.
Mr. Carr stated there is 110,000 square feet of commercial space in the entire project. This can bump up to 130,000
square feet if the additional 20,000 square feet becomes office space or light industrial. You are already at 77,000
square feet now. So you are at 75% of your allowed commercial space at the beginning threshold.
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
Bob Harold , General Manager of the Residence Inn. We embrace further development in that area. The hotel has
done very well. Saratoga has been very strong in terms of occupancies. It has continued to grow. We would like to
see more commercial and more mixed use. Our only concern is to maintain our customer base.
Mark Torpey, Chairman stated he will review the various conditions to be imposed in terms of a Site Plan Approval.
1. Greater building setback in accordance with the plan, allowing for 5 foot
green space, and 5 foot sidewalk, and 3 foot building setback.
2. Tree spacing will follow the original plan submitted and according to City
Standards. Applicant will reach out to Centennial Committee to verify if
this site is appropriate for a Centennial Tree.
3. Conversations with the Preservation Committee concerning the trail.
4. Placement of the venting both intake and exhaust, so it isn’t seen.
5. City Engineer needs to see resolution of the letter of credit as well as the
as builds for Phase I.
6. Contribution to be made for traffic mitigation on Excelsior Avenue Corridor.
7. Installation of a fence to prevent hotel parking.
8. Change to the handicap parking.
Janet Casey made a motion for Site Plan Approval as noted.
Clifford Van Wagner, seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 9 of 17
None heard.
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 7-0
The Board recessed at 9:47 P.M.
The Board reconvened at 9:54 P.M.
5. 13.031.1 RIP VAN DAM, 353 Broadway, Site plan modification review in a Transect-6 (T-6) District.
6. 13.031.2 RIP VAN DAM, 353 Broadway, proposed site plan extension in a Transect-6 Urban Core
T-6 District.
7. 13.055.1 HAMILTON STREET PARKING FACILITY, Hamilton Street, proposed special use permit
Extension in a Transect-6 Urban Core (T-6) District.
8. 13.056.1 HAMILTON STREET PARKING FACILITY, Hamilton Street, proposed site plan approval
Extension in a Transect-6 Urban Core (T-6) District.
BACKGROUND:
The Planning Board issued a SEQRA negative declaration and site plan approval for hotel expansion and banquet
facility. Approvals for hotel are “functionally interdependent” with Hamilton Street parking garage also on the agenda
this evening for project approval extensions. Extensive review specific conditions noted for both projects. Current
proposal is all physical aspects of site plan to remain the same, however, room count will decrease to 142 rooms,
and existing space including space above Maestro’s and Starbucks to remains as currently occupied mixed use.
SEQRA:
Negative declaration for project issued by the Planning Board on March 26, 2014 based on overall 108,000 square
feet of new construction including 176 hotel rooms and 200 person occupancy banquet facility. Number of rooms
reduced, affirmation of SEQRA Negative Declaration is appropriate .
Zoning Ordinance allows for up to (2) 18 month extensions of original approval. Original approval was March 26,
2014, expiration date of September 26, 2015. Extension approval would be until March 26, 2017.
Applicant: 353 Broadway, LLC
Agent: Matt Chauvin, Attorney
Mr. Chauvin stated we are here this evening requesting an extension of site plan approval for the hotel and the
extension of site plan approval for the parking facility, and the special use permit extension for the parking facility.
Mr. Chauvin stated the extensions are being requested for a variety of factors, one of which being with the difficulties
in dealing with matching of the two structures. Over the course of time work has progressed. We continue to do
engineering and architectural work with our subcontractors. We need some additional time to line that up.
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The modification is obviously the other component we propose here. We are looking to reduce the number of rooms
in the hotel from 176 rooms to 142 rooms and maintain the existing mixed use nature of the current footprint. This
will lessen the density and lessen the traffic mitigation needed at the site. Hopefully your approvals tonight will allow
us the time to get the engineering and architectural work completed so we can move this project forward.
Mark Torpey, Chairman reviewed the proposed extension dates for the projects with Mr. Chauvin.
Mr. Chauvin stated the reason for the reduction of rooms is necessitated due to the problem with marrying the old
with the new was becoming a significant challenge as far as matching the exteriors especially the facades. Rather
than going through a process of trying to match awkward ceiling heights it is much simpler to reduce the mass and
scale and maintain the original construction and go forward with the new.
Mark Torpey, Chairman stated there is no façade changes proposed to those buildings.
Mr. Chauvin stated there are no façade changes and we will maintain the parking garage structure as proposed.
Mark Torpey, Chairman questioned if this project would partner with the Bethesda project in terms of upgrading the
storm water line. The timing of this project is longer than the timing of the Bethesda project. There was a discussion
tonight and the applicants of the Bethesda project are bearing the cost of upgrading the line to 18 inches for the
whole length and they would like to be reimbursed in an equitable way from your applicants for your portion of that
improvement which is approximately 75% of the total length. Also due to the decrease in rooms in this project would
there be some opportunity to provide parking space to the Bethesda Parish House and would you be willing to have a
conversation with them.
Mr. Chauvin stated the applicants are agreeable to the cost sharing of the storm water upgrade as well as the viability
of having a conversation for parking spaces.
Mark Torpey, Chairman stated the Board was pushing for lower room density earlier in this application. The fact that
it is coming at the eleventh hour when we could have had the conversation at an earlier time is unfortunate.
Mr. Chauvin stated we are forced to try to keep this project moving forward with a smaller capacity, while maintaining
the historic character of the façade and there are challenges there. It is difficult to anticipate all nuances which occur.
Clifford Van Wagner stated he understands. I pushed and pushed to have the rooms decreased.
Mark Torpey stated we will review each application individually.
13.031.1 RIP VAN DAM, 353 Broadway, Site plan modification review in a Transect-6 (T-6) District.
Howard Pinsley made a motion to reaffirm SEQRA Negative Declaration for the Rip Van Dam, 353 Broadway,
issued by the Planning Board on March 26, 2014.
Tom L. Lewis seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Clifford Van Wagner, opposed; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 11 of 17
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 6-1
Mark Torpey, Chairman stated we will now move onto site plan extension.
Tom L. Lewis made a motion to approve an 18 month site plan extension for the Rip Van Dam, 353 Broadway until
March 26, 2017.
Bob Bristol, Vice Chairman seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Clifford Van Wagner, opposed; 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: 6-1
Mark Torpey, Chairman stated we will now move onto the Hamilton Street Parking Facility.
Bob Bristol made a motion to approve the 18 month special use permit extension for the Hamilton Street Parking
Facility, Hamilton Street until March 26, 2017.
Howard Pinsley seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Clifford Van Wagner, opposed; 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: 6-1
Howard Pinsley made a motion for an 18 month extension of the site plan approval for the Hamilton Street Parking
Facility.
Tom L. Lewis seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Clifford Van Wagner, opposed; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 12 of 17
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 6-1
9. 05.015.1 BATCHELLER MANSION INN, 20 Circular Street, proposed permanent Special Use Permit
for Corridor Bed and Breakfast.
BACKGROUND:
October 19, 1994 Planning Board granted a renewable, one year special use permit for “Special Public Gathering
Functions”. Does not appear that this was renewed. March 23, 2005 the Planning Board granted a second two year
renewable special use permit for special gathering functions with specific conditions. Does not appear that this was
ever renewed.
Bradley Birge, Administrator, Planning and Economic Development stated the site plan which was originally
approved the building department has identified as having been changed. It would be appropriate to update that.
Applicant: Bruce Levinsky
Mr. Levinsky stated he is before the Board for a special use permit for the functions to be held at this facility.
My understanding is we can request a waiver for site plan approval since what was there in the 90’s currently exists.
We have identified the tenting area for the outside activities. There have been no site changes.
Mark Torpey, Chairman stated that the Board did visit the site with Steve Shaw, Building Inspector, using the site
plan which was on file and he pointed out several items which were different from the site plan on file. Patio
configuration, location of shed. I do not feel comfortable waiving that when what is there is not consistent with what
is on file.
Bradley Birge, Administrator, Planning and Economic Development stated if the Board is comfortable the
Chair can Administratively review the site plan.
Mr. Levinsky reviewed what they are requesting. The Batcheller Mansion Inn is applying for a Permanent
Special Use Permit. This consists of 9 guest rooms, 3 common areas, 2 porches, 10 bathrooms and a backyard and
patio. Uses for public gatherings, weddings, receptions, showers, corporate meetings. Catered events indoors and
Outdoors. Maximum attendance would be 150 people. Parking is available on site, on road and in the Hamilton
Street Parking lot. Outdoor events no later than 10 P.M.
Clifford Van Wagner reviewed the past Special Use Permit applications, approvals without being renewed.
Howard Pinsley stated the Board needs specific information concerning dates, number of guests and
duration of the events.
Mr. Levinsky stated they are applying for a corridor bed and breakfast. They are trying to rectify a situation
which was overlooked and brought to their attention by Mr. Shaw. We immediately filed a request for a Special Use
Permit.
Discussion ensued among the Board regarding the issuance of a Special Use Permit. The Board reviewed the
Zoning Ordinance which indicates specificity regarding date of events, hours or operation, number of guests, and the
Boards purview over issuance and the specifics involved.
Mr. Levinsky stated there has been a long history of no complaints issued regarding their events over the last ten
years. This is just to rectify a bookkeeping oversight.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 13 of 17
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
Mark Torpey, Chairman stated I am reticent to go forward with anything “permanent”. If you had been in
adherence with reporting requirements, we would have had some history to proceed forward with and potentially
structure a Special Use Permit. There would have been a pattern of conformance.
Discussion ensued among the Board regarding the Permanent Special Use Permit and how the Board
should proceed. The following conditions were noted:
1. Not to exceed 75 events per year.
2. Reporting requirement – January 10 and July 10 provide information to the City.
3. 150 maximum attendance.
4. Hours of operation – nothing after 10 PM and before 7 AM Monday – Saturday.
Sunday no functions before 1 PM.
5. Update site plan via Administrative Approval.
6. Two year renewable permit.
Tom L. Lewis made a motion in the matter of the application for Batcheller Mansion Inn, 20 Circular Street,
approval of the Special Use Permit with conditions as noted above.
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; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 7-0
10. 15.036 CHILDREN’S MUSEUM AT SARATOGA ADDITION, 69 Caroline Street, Site Plan review
Of an addition in an Urban Residential-4 (UR-4) District.
Applicant: Saratoga Children’s Museum, David Martin, President Board of Directors; Randy Martin, Founder
Agent: Victor Cinquino, Architect
BACKGROUND:
Existing Children’s Museum located in an UR-4 District. Existing use variance (January 19, 2001) allows for museum
use specifically at this site. DRC historic review will also be required.
SEQRA:
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 14 of 17
Action appears to be a Type II action, no further environmental review is required.
Mr. Cinquino stated we are seeking Site Plan Approval this evening. This is a very simple project. The museum is in
need of more activity space. We are looking to add space to the second floor. This will include an addition over
the second floor rear of the building. Also adding a new vestibule area where the current vestibule is located. We
are also proposing reconfiguring the entry stairway. Certain areas we will demolish. A revised site plan was
provided. We will heat the walks and stairways and a portion of the entryway for safety purposes. We have added a
private hedge to screen the parking. The Museum faces many vandalism problems, so benches or planters, etc
were a grave concern.
Mark Torpey, Chairman stated the Board did visit the site. We did notice in the driveway cars were parked
inappropriately.
Mr. Cinquino stated that is the reason for the private hedge. A new parking scheme was provided.
Mr. Martin stated with the introduction of a parking meter and signage we are able to control parking in this location.
All summer we have an attendant in place and for all the major City events.
Mark Torpey, Chairman questioned perhaps some curbing would help with the parking issue. The fence in the rear
of the property facing Short Alley needs some attention. The second tiered area where the handicap parking area is
located the pavement needs repair. Retaining wall on the property is in bad shape. Great amount of signage on site.
Mr. Cinquino stated the applicant will complete the repairs the Board has noted.
Mr. Martin stated they are working with Maiden Lane who is working on signage.
Mark Torpey, Chairman stated the dumpster are shown in a different location than what was noted.
Mr. Randy Martin stated the dumpster was moved by the trash hauler. We will discuss dumpster placement with
them.
Mark Torpey, Chairman asked if there were any questions or comments from the audience.
None heard.
Mark Torpey, Chairman stated the following items were discussed and are conditions for site plan approval.
1. Radiant Heating.
2. Private hedge for screening.
3. Stops in the area where cars are parking and along the entranceway
4. Signs to be reviewed by the DRC.
5. Waste dumpsters – discussion with the waste hauler.
6. Fencing repair in the rear.
Clifford Van Wagner made a motion in the matter of the Children’s Museum at Saratoga Addition, 69 Caroline Street,
that the application be approved with the above captioned conditions.
Dan Gaba seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 15 of 17
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 7-0
APPROVAL OF MEETING MINUTES:
Howard Pinsley made a motion to approve the following minutes as submitted:
Dan Gaba seconded the motion.
June 24, 2015
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, abstained
MOTION PASSES: 6-0-1
July 8, 2015
VOTE:
Clifford Van Wagner, abstained; 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: 6-0-1
July 22, 2015
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley,
abstained; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 6-0-1
August 8, 2015 Workshop
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, in favor; Howard Pinsley, in
favor; Tom L. Lewis, abstained; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 6-0-1
August 12, 2015
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 16 of 17
VOTE:
Clifford Van Wagner, in favor; Dan Gaba, in favor; Bob Bristol, Vice Chairman, abstained; Howard Pinsley,
in favor; Tom L. Lewis, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor
MOTION PASSES: 6-0-1
MOTION TO ADJOURN:
There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:55 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 10/28/15
City of Saratoga Springs Planning Board Minutes – September 9, 2015 - Page 17 of 17
Agenda
CITY OF SARATOGA SPRINGS MARK TORPEY, Chair
ROBERT F. BRISTOL, Vice-Chair
P LANNING B OARD TOM L. LEWIS
CLIFFORD VAN WAGNER
City Hall - 474 Broadway DAN GABA
Saratoga Springs, New York 12866 HOWARD PINSLEY
Tel: 518-587-3550 fax: 518-580-9480 JANET CASEY
www.saratoga-springs.org
Planning Board Meeting – Wednesday September 9, 2015
City Council Room – 7:00 PM
Agenda
Workshop: Tuesday, September 8, 2015 at 5pm in the City Council Room
Salute to Flag
A. Applications under Consideration:
1. 14.060 Hoffman Carwash Facility, 2216 NYS Route 50, proposed special use
permit for a car wash facility in the Highway General Business (HGB) District.
2. 15.020 Bethesda Parish House, 26 Washington Street, site plan review for 4- story
mixed-use addition in the Transect-6 Urban Center (T-6) District.
3. 15.026 Excelsior Park Phase 2, Excelsior Avenue, Site plan review for multi-
family residences in a Transect-5 Neighborhood Center (T-5) District.
4. 14.038 City Center Parking Garage, Maple, High Rock and Lake Avenues,
proposed two-lot subdivision in a Transect-6, Urban Core (T-6) District.
5. 13.031.1 Rip Van Dam, 353 Broadway, Site plan modification review in a
Transect-6 (T-6) District.
6. 13.031.2 Rip Van Dam, 353 Broadway, proposed site plan extension in a Transect-
6 Urban Core (T-6) District.
7. 13.055.1 Hamilton Street parking facility, Hamilton Street, proposed special use
permit extension in a Transect-6 Urban Core (T-6) District.
8. 13.056.1 Hamilton Street parking facility, Hamilton Street, proposed site plan
approval extension in a Transect-6 Urban Core (T-6) District.
9. 15.057 Batcheller Mansion Inn, 20 Circular Street, Proposed permanent Special
Use Permit for Corridor Bed and Breakfast.
Revised 8/31/2015 10:35 AM
PLANNING BOARD MEETING AGENDA, PAGE 2
10. 15.036 Children’s Museum at Saratoga Addition, 69 Caroline Street, Site plan
review of an addition in an Urban Residential-4 (UR-4) District.
B. Approval of Minutes: June 24, 2015, July 8, 2015, July 22, 2015, August 8 Workshop, August 12, 2015
Next meeting: Wednesday September 23, 2015 (w/ Monday September 21, 2015 caravan & workshop)
Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact
the Planning Office at 587-3550 extension 2533 or the City of Saratoga Springs Website at
www.saratoga-springs.org
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