Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, APRIL 13, 2017 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman, called the meeting to order at 7:03 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman; Bob Bristol, Vice Chairman; Janet Casey; Clifford Van Wagner; Jamin Totino; Amy Durland; Todd Fabozzi STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Justin Grassi, Counsel for the Land Use Boards ANNOUNCEMENT OF RECORDING OF PROCEEDING: 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: 1. 15.049 LANDS OF STONE, 68 Weibel Avenue, sketch plan review of office, retail, and multi-family residential in the Transect-4 Urban Neighborhood (T-4) District. 2. 16.040 WEST AVENUE MIXED-USE DEVELOPMENT, 106-120 West Avenue, Special Use permit for mixed-use development within the T-5 Neighborhood Center (T-5) District. 3. 16.025 MENDENHALL SUBDIVISION, 101 Old Schuylerville Road, 4-lot preliminary conservation subdivision within the Rural Residential (RR) District. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, April 24, 2017 at 4:00 P.M. Planning Board Workshop, Monday, April 24, 2017 at 5:00 P.M. Planning Board Meeting, Thursday, April 27, 2017 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard. A. APPLICATIONS UNDER CONSIDERATION: 1. 14.052.2 CITY CENTER PARKING GARAGE, Maple Avenue, York Street, High Rock Avenue, Site Plan Approval extension for parking facility within the Transect-6 Urban Core (T-6) District. SEQRA: Negative declaration issued for SEQRA for project, no further action is required. BACKGROUND: The Planning Board approved a 2 lot subdivision and site plan for proposed City Center parking garage. Litigation continues for the proposed project – Mouzon House action against City of Saratoga Springs and City Center Authority, extension proposed to preserve site plan approval. The Planning Board site plan approval issued on November 12, 2015, expires on May 12, 2017. The applicant is requesting an 18 month extension with a new expiration date of November 12, 2018. Applicant: Ryan McMahon, Executive Director, City Center Agent: Tom Roohan, Chairman, Building Committee Mr. McMahon stated nothing has substantively changed with the project or the conditions around the area. Currently we are awaiting pending lawsuits against the City. We are hoping for a speedy approval. Mr. Roohan stated the only item staff requested was the addition of the notes for the cross section detail for the greenway. Kate Maynard, Principal Planner, City of Saratoga Springs stated since the project was approved we have received funding for the downtown greenbelt connector project, which extends across the frontage of this location out to the outer points of Excelsior Avenue. A suggestion that the Green Belt Trail which extends across the frontage reflects the projects details from construction project overall once those are completed. We did speak about this with applicant and would suggest a note on plans that provides that connection. Mark Torpey, Chairman asked if there was any further questions or comments from the Board. Amy Durland stated the Zoning ordinance indicates that our responsibility is to consider that there have been no significant changes to the site or neighborhood which you have addressed. I would like you to comment on the fact that the circumstances and findings of fact by which the original approval was granted have not significantly changed. The City Council since this approval has adopted a parking task force with recommendations some of which are an integrated transportation system, and up to date technology being used. Can you comment on the findings of fact and how they square with this resolution the City Council unanimously adopted. Mr. Roohan stated he served on that committee. He believes it is a work in progress. Things are moving along but it’s not dramatically different than what we have looked at before. I believe we are looking for more direction. Kate Maynard, Principal Planner, City of Saratoga Springs stated that largely sums up the task force’s recommendations moving forward to what she is aware of. There are a number of items, suggestions and recommendations which are being considered before they move forward. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Clifford Van Wagner made a motion in the matter of the City Center Parking Garage, Maple Avenue, York Street and High Rock Avenue, that the application for an 18 month site plan approval extension be approved. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 2 of 14 Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Jamin Totino, in favor; Bob Bristol, Vice Chairman, in favor; Amy Durland, in favor; Todd Fabozzi, abstain; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 6-0-1 NOTE: Mr. Toohey, applicant’s agent requested the next agenda item be heard. The project engineer has been held up in traffic. The agenda was heard out of order awaiting the full team of representation. 3. 14.010 HARRISON, 135 Meadowbrook Road, final two-lot conservation subdivision review in the Rural Residential (RR) District. BACKGROUND: Property is within Rural Residential District, conservation subdivision is required. The property was part of a four lot subdivision approved May, 1981. Adjacent property owned by Michel Infurna and Linda Pace contains conservation easement maintained by Saratoga PLAN. Planning Board previously required a stake out at site of proposed property boundaries, wetlands and driveway access. Board has expressed need for further information related to potential overall issues of wetlands impact, driveway access, practicality of developing home in low lying, wet site. A waiver from conservation subdivision requirements was denied by the Planning Board on March 25, 2015. Project has since been revised to include proposed 50% conservation easement area as included on current set of plans The project has been dormant since that time. Re-noticing was required due to the length of time last seen by the Board. Land clearing activity took place out on site. The City received calls from concerned residents. DPW reviewed the activity and concluded that clearing was below 1.5 acres which would have triggered a City land disturbance permit being required by the Planning Board. NEIGHBOR INPUT: -Letter received from Fay and James Mahooda relative to the project. Mark Torpey, Chairman stated at the workshop on Monday we mentioned since this particular project has not been before the Board since March of 2015, and with the addition of new Board members we would like to have the site staked out so the Board can make a site visit, and get a lay of the land. Tonight’s presentation will not include a vote. This is to bring the Board up to speed on the project and share the project description. Applicant: Mark and Patricia Harrison Agent: Daniel Wheeler, Survey Associates, LLC Mr. Wheeler, stated he is representing Mr. Harrison. The last appearance before this Board was May of 2015. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 3 of 14 We did have some conversations following that appearance with Planning and Engineering and have made quite a few changes to the project. It is a two lot subdivision. We have done a conservation subdivision, we have set aside easements, and that was discussed with Planning. We now have only one existing driveway, no new curb cut is proposed. The new driveway will branch off the existing. A grading plan was prepared and provided to the City Engineer and we came to terms concerning the septic plan design. A visual overview of the project was provided to the Board. The existing home was noted with the tennis courts. What we are proposing is a second home with a shared driveway. Clifford Van Wagner stated when he visited the site this date, where it has been cut is all wet. Are we to assume that these are wetlands. Mr. Wheeler stated if the flags which we placed on the site are gone he can replace them delineating the wetlands which were accepted by the Army Corps of Engineers. Mark Torpey, Chairman stated we discussed this at the workshop and we are aware there has been some land clearing. If the site is marked noting the location of the home, the septic system and it would be helpful to the Board to know exactly what has been cut, since our last visit. Also denoting the NYS-DEC wetlands and the Army Corps of Engineers wetlands. Mr. Wheeler stated he will stake out everything which the Board has requested. Amy Durland spoke questioning if the Board determined the conservation value on any portion of the property. The applicant is welcome and encouraged to bring in any information but it is ultimately the Planning Boards determination what the conservation easement consists of and to document the conservation value of the portions of the property that are to be conserved. If this has not yet been done then it seems to me that there is an assumption that the items that are identified as the conservation easement have not yet gone through the appropriate process. Under the subdivision regulations, conservation development portion, “The board shall make the final determination as to which land has the most conservation value, should be protected from development by a conservation easement. Mark Torpey, Chairman stated if the applicant does stake the areas out it will provide an easier time for the Board to make those determinations. The tennis courts and swimming pool appear to infringe on the 100 foot DEC wetland setback, so that is something which would be helpful for the applicant to help understand why that is the case. Also, some easement areas around the site which are held by Saratoga PLAN. It would be helpful to understand how the conservation areas that you are proposing for this area how they fit into the broader context of the conservation easement with Saratoga PLAN as well around this property. Todd Fabozzi requested the applicant provide to the Board documentation indicating what was on the site before the clearing. Mr. Wheeler stated he will provide this information to the Board. Discussion ensued among the Board concerning what was cleared and the amount of land which was disturbed and cleared and when the clearing took place, when DPW visited the site and made their determination that 1.5 acres or less was disturbed. Also, if there are any photographs. Kate Maynard, Principal Planner stated she does have some information she can provide to the Board. She was part of the original inquiries that were made. Two calls were received noting concern regarding the clearing. We did coordinate with the Building Department and Al Flick went out in this case for an inspection and spoke to the owner. In the RR district there is a higher threshold of 1.5 acres triggers a land use disturbance permit. I would like to get more information from Al Flick and Tim Wales on the SWPPP side of things to determine how that was calculated. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 4 of 14 None heard. Mr. Wheeler stated he will contact staff once he has the land staked out. NOTE: Agenda Item #2 will be heard. Representatives are present. 2. 17.012 PET LODGE, NYS Route 9/Broadway, Special Use Permit for an animal kennel use within the Rural Residential (RR) District. BACKGROUND: Property has split zoning – Tourist Related Business on frontage, RR on the rear. Proposed use animal kennel permitted within the RR and not in the TRB. Site consists of a total of 6 contiguous lots totaling 1.59 acres split between TRB adjacent to RR in the rear. Adjacent property to the North is INST-PR, Saratoga Spa State Parkland. Planning Board issued a SEQRA negative declaration on December 8, 2016. ZBA granted required area variances minimum side yard (North and South) and total side yard setback requirement in RR. Article 78 has been filed by Iris Lu (March1), adjacent property owner in regards to the ZBA’s action. Legal Counsel has provided that special use permit can legally be considered by Planning Board with understanding that continuing forward is at the applicant’s own risk. Additional materials provided include an Avoidance Plan including provisions that include calling for a deed restriction to protect the existing foundation. SHPO correspondence received regarding their acceptance of the avoidance plan and proposed conditions. The applicant noted that the property has been flagged as requested by the Board. Key for the flag locations was provided for use on the caravan. Within SEQR review, conversation related to layout, location of building setback from Route 9, curb cut proposed and any ability to share with adjacent property/City paper street Pratt Street. Owner not currently interested in sharing access. Mark Torpey, Chairman stated the property was flagged, and the Planning Board members had a opportunity to walk the site to get a better feeling where the building will be located. Since the last meeting a new arrangement was presented to the Board regarding the parking arrangement. We have previous ZBA approvals for variances requested. The new arrangement with the new layout does not jeopardize any of the ZBA granted variances. Since the last meeting we have received some water usage data from the applicant. We have received information which has provided some sight distance values from the driveway both north and south directions. NEIGHBOR INPUT: -Letter of support from Bill and Kim Teator. Applicant: Pet Lodge, Matt Sames Agents: Mike Toohey, Attorney; Jamie Easton, MJ Engineering Mr. Toohey stated we have been before this Board several times. We are requesting a Special Use Permit. We have reviewed the Criteria for Special Use Permits several times and that is on the record. We will clarify the specifics the Board has requested since our last appearance before the Board. Mr. Toohey reviewed the site and noted the variances obtained. Even with the proposed changes in parking, the proposed project remains in compliance with variances City of Saratoga Springs – Planning Board – April 13, 2017 - Page 5 of 14 granted by the ZBA. A review of what is being proposed and how it will be sited. A review of the change in the parking arrangement was also reviewed for the Board. Discussion ensued concerning the tree line and buffering and the new parking configuration. Mr. Toohey explained the site and the current buffering and the tree line as well as the sitting of the proposed building. Clifford Van Wagner, questioned if the fencing proposed earlier still remains. Mr. Toohey stated the fencing has been removed and replaced with landscaping and buffering. Mark Torpey, Chairman questioned the use of permeable pavement material for the rear portion to mitigate some of the storm water concerns. Jamie Easton, Engineer, MJ Engineering. Mr. Easton spoke concerning the porous permeable pavement. It is not conducive due to the heavy clay soils. This will be investigated at the time the test pits are done. There is technology out there to solve the soil issues. Amy Durland questioned the fact that the test pits were not done yet especially since the Board has heard the soils are very challenging in this area from the City Engineer. Mr. Easton explained the raised septic system will be inspected and approved by the DOH. Jamin Totino voiced concern regarding the animal waste. Mr. Toohey stated the solid waste will be collected and put into the dumpster. The urine is the issue. We have hired Dr. Samuel W. Gowan from Alpha Geo Sciences who has done an analysis of this site and what would happen with the extended use of the kennel on this property. Dr. Gowan stated he is a geologist and is the President of Alpha Geoscience in Clifton Park. He has been consulting for over 40 years. He has done similar type projects like this which determine if there is any impact to aqua systems. I have never have done one with regard to dog urine. Whenever I undertake a project like this I question if there is any significant impacts or hazard from what is being discharged into the environment. The next thing is do we have an aquifer system at this site that is particularly sensitive and is particularly important for supplying a community. Also what are the receptors if something were to get into the aquifer. Dr. Gowan stated as far as the constituents of the urine that can get into the aquifer system is very similar to septic systems. Chlorides do not get retained in the soils as they pass through. Dog urine is quite similar to human in that aspect. I am not sure how many dogs are going to be at the site but you are not looking at high rates. There are not going to be 50 – 50lb dogs in the yard 24/7 which would be about 10 gallons of urine. It will not be that extreme. You need to put this in perspective. A 1000 lb. thoroughbred horse produces less urine per volume per size than a dog. They produce about 9/10th of a gallon per day. The aquifer system and the soils are low permeable clay. This is not a significant aquifer and that is why nobody has a well out there. You do not have a good water supply out there. I do not see a potential for a significant impact from the dogs in the yard. Amy Durland questioned if Dr. Gowan looked at the wetlands. Dr. Gowan stated he did not look at the wetlands. Mr. Toohey explained the line of site questions and noted he was at the location at 5:30 P.M. He provided information and a line of sight photographs both north and south for the Boards review. Mr. Easton stated the septic system and water flow information was provided to the Board. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 6 of 14 Mr. Toohey stated he believes that was all the questions the Board requested clarification on. PUBLIC HEARING: Mark Torpey, Chairman stated the public hearing was opened and remains open. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Darryl LeGere, I work at the Saratoga Hilton. I am speaking in support of the Pet Lodge. We are going through an extensive renovation and are going to a non pet friendly policy. We need viable option in Saratoga to take care of our clientele. Many of our guests need a reputable place to board their animals. We are supportive of this application. Ryan McMahon, Saratoga City Center. As Darryl from the Hilton and my neighbor stated this is something which will be demanded by our clientele. He is supportive of this application. Kevin Rich, Saratoga Resident. Spoke in support of the Pet Lodge. We work a lot and to have a facility on the way to work and the way home and allow our dog to be out and be social and not in a crate all day. Strongly support the Pet Lodge. Mark Torpey, Chairman questioned the hours of operation. Matt Sames stated Monday – Friday 6:30 am – 6:30 pm Saturday- 7:30 am – 6:30 pm Sunday – 7:30 am – 6:30 pm Amy Durland stated Special Use Permit criteria still includes lighting and can you explain the proposed plan for lighting. Mr. Toohey stated there will be lighting in the front for safe entry and exit. There will be no high beam lighting all down facing lighting to avoid light bleeding. With regard to noise, we have provided letters from people stating there is no excess noise from the dogs. They are housed on the inside of the building and the screening on the property will also Help with buffering noise. Amy Durland questioned the applicant if there will be dog runs in the building allowing the dog to go in and out. Mr. Sames stated the dogs are escorted in and out. Amy Durland questioned the screening and vegetation in the front. What is the plan for screening on Route 9. Mr. Easton stated the first 100 feet of vegetation in the front will remain. There are no plans for clear cutting. Mark Torpey, Chairman asked if there was any further questions or comments from the Board. Jamin Totino stated he is in favor of the project. It does meet all the evaluation criteria. This has turned out to be a good project. Amy Durland stated she is not inclined to support this project. Traffic issues are a concern. The fact that there is no traffic consultants report to rely on. I still see a traffic impediment to the north at a very high rate of speed and also concerns about exiting the property. I do have concerns regarding the soils, and the City Engineer stated these are bad soils and concerned about the septic system and I have concern about the wetlands and storm water runoff. These items are a portion of the Special Use Permit Criteria. So, I will not support this project. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 7 of 14 Clifford Van Wagner stated he appreciates the staking of the property. I like the fact that the building has included parking in the rear. I visited the site and the site line is remarkably clear and the turning lane makes a difference. It is within the DOT specifications with regard to the placement of the driveway. The applicant has done a great job answering our questions. Justin Grassi, Counsel to the Planning Board stated if the Board was inclined to close the public hearing tonight the Board does have a period of 62 days within which to make their decision. There is no obligation to make a decision today. We would suggest that the Board consider waiting until the next meeting to give the opportunity whether it is an approval or a denial to carefully craft a resolution and present it at the next meeting. Especially in light of the litigious nature of this project and there was a significant change which was just submitted to the Board fairly recently. Mark Torpey, Chairman asked if there were any other comments. None heard. Mark Torpey, Chairman stated after much review of this project he is inclined to support it. There has been much effort to work in this tight area. All the data and information presented helps with my support. Janet Casey stated she is with Jamin, Cliff and Mark. All of her questions have been answered. I don’t agree that it terrifically dangerous, not any more than the other businesses in that area. I believe this is a good use of this piece of property. Bob Bristol, Vice Chairman stated I have always been concerned about whether or not this site would ever find a compatible use. I find that this a compatible use. I have no problem with it. Mark Torpey, Chairman stated I would appreciate a little time to draft a resolution in light of the Article 78 which was filed by the adjacent property owners. We will bring this back to the next meeting for a determination on the Special Use Permit in two weeks. 8:20 P.M. The Board recessed. 8:35 P.M. The Board reconvened. 5. 17.017 SHELTERS OF SARATOGA (CODE BLUE), 14 Walworth Street, special use permit for use as a neighborhood rooming house within the Urban Residential-4 (UR-4) District. BACKGROUND: SOS has current facility at 14 Walworth Street which serves homeless in community with formal stay and programming. The Code Blue shelter was started – 5 years ago within Saratoga Springs to provide shelter for those without on nights Where temperature drops lower than 32 degrees. It has had different temporary locations including Salvation Army. NYS Governor Cuomo signed executive order in 2016 requiring existing homeless shelters to provide code blue shelters statewide when the temperature drops below 32 degrees. SEQRA: Action appears to be Unlisted. Review has been uncoordinated. DISCLOSURE: Janet Casey disclosed that she and her husband are regular donors to the Shelters of Saratoga. No need for recusal, simply disclosure. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 8 of 14 Mark Torpey stated the request before the Board is for a Special Use Permit with a designation of a neighborhood rooming house in the UR-4 District. What is presented to us is an addition to a building approximately 6400 square feet, providing rooming for 61 individuals. Part of this project was to achieve a certification of a Code Blue facility in order to be compliant with State Laws. The Board has received some letters of support from the Saratoga County Economic Opportunity Council, the Saratoga County Rural Preservation Company, the Franklin Community Center, the Transitional Services Association, Captain Youth and Family Services, Wellspring Organization and Patricia McBride Friesen and Citizens in Support of Code Blue. We also received an anonymous letter expressing some opposition as well. One of the other items posted on our website was a Memorandum of Understanding between Elliott Masie and the Shelters of Saratoga. Applicant: Shelters of Saratoga, Mike Finocchi, Executive Director Agent: Mike Ingersoll, LA Group; Mike Tuck, Balzer Tuck Architecture Mr. Ingersoll stated we understand from the workshop that there will not be a vote this evening. We are here to present a very wonderful opportunity. We have very generous donors, Ed and Lisa Mitzen who are offering to help the community solve a situation and rectify a situation by the end of the year. Many local businessmen have donated their time and services as well. Shelters does exist currently it is a managed property and oversees Code Blue. This will be managed by one entity for first time in many years. SOS has made a request to this Board due to an obligation to comply with State Law offering a Code Blue facility. The Building Inspector has determined this designation is to be a rooming house solely for the use of Code Blue. Code Blue Saratoga is an emergency shelter servicing individuals who are homeless in the City of Saratoga Springs who might otherwise remain unsheltered during periods of extreme winter weather. Code Blue protocols are in place between November and April when temperatures fall below the State related mandate of Executive Order #151 which is defined as 12 inches of snow, or 32 degrees or less including the wind chill factor as well. Mr. Ingersoll stated City of Saratoga Springs is the only Code Blue facility in the County. We are actually an extension of the County mission to serve as stated by this requirement. The City is obligated to provide this service. Most recently a Memorandum of Understanding has been reached with the neighbors concerning this project. A visual presentation of the site was provided to the Board, noting it encompasses four parcels which total less than a half an acre, each of the buildings is on its own parcel. Several variances were requested and received from the ZBA. We have made an application for a Special Use Permit, and the building inspector has determined we will proceed as a rooming house facility. The project is obligated to go through Site Plan Review and a Lot Line Consolidation will be required as well. Mr. Finocchi, Executive Director stated we are a not for profit organization and our mission is to provide individuals with safe shelter, supportive services and sustainable strategies to end homelessness in the Greater Saratoga region. Our houseguests have a safe place to sleep, food and individual support to gain independence in work and educational services through our supportive services. We do have rules and regulations to be followed. We have a zero tolerance policy. We have daily chores and encourage volunteering in the community daily to assist others from 9AM – 4PM. They have to leave the house during these hours to comply with our requirements. Curfew must be maintained and attendance at weekly house meetings is required. . Our current capacity is 41. We are at capacity currently. Routinely we turn away 10-15 people, to DSS to place in hotels. Our new capacity will be 61. Code Blue Saratoga is an emergency shelter servicing individuals who are homeless in the City of Saratoga Springs who might otherwise remain unsheltered during periods of extreme winter weather. Code Blue protocols are in place between November and April when temperatures fall below the State related mandate of Executive Order #151 which is defined as 12 inches of snow, or 30 degrees or less including the wind chill factor as well. Mr. Ingersoll provided views of all elevations of the current building, noting the parking situation. We will review this further as we move the application forward. There is an encroachment on the property, previously executed, and efforts have been made to minimize the encroachment into the rear yard setback. Mr. Ingersoll reviewed the property lines City of Saratoga Springs – Planning Board – April 13, 2017 - Page 9 of 14 which will be merged. We have reduced to one curb cut. The proposed project will add an addition to the existing structure and will be located at the rear of the 2 story residential structure. We will clean up the front, create handicap access and accentuate the entrance for the new building off of Walworth Street. Employee parking will be in the rear. In speaking with our neighbors we have an obligation to - place a solid fence in the rear, also to enclose our dumpster, add a gate and install some security lighting. A dumpster permit has been obtained. Efforts have been made to minimize the encroachment into the rear yard setback. There is no permeability on this site. We are unable to use permeable pavers in this area. There is a Memorandum of Understanding with the Masie’s. Mark Torpey, Chairman questioned if the facility will only be used for Code Blue. Mr. Ingersoll stated that is correct, the proposal is for Code Blue specifically. Mr. Tuck, Balzer and Tuck Architecture. The layout selected is approximately 3,200 square feet per floor. A sketch floor plan has been submitted to the Board. The main entrance is in the front of the building. There is a rear door for some deliveries and emergency egress. Mr. Tuck reviewed the floor plan of the building noting the sleeping areas, and lounge areas sitting area as well as bathroom facilities. Mr. Tuck stated they are continuing to look at what meets the code for shelters and provide the necessities for training and dining and we meet those codes. We have looked at providing the basic services and that is how we determined the size of the addition. We can provide more detail for the Board the kitchen is not a full service commercial kitchen. Many area restaurants donate food so it is more of a heating and reheating meal preparation. On site laundry facilities for the guests. Mr. Tuck reviewed the mechanical systems and the fact that they will be hooking up to city utilities. Mr. Tuck also provided a view of the massing of the building addition. The center portion was pulled back some and simulates the other buildings in the neighborhood. The permeability of the site will be 31% which exceeds the minimum 15% in the district. By placing the proposed addition behind the existing 2 story residence, the pattern along the street front will not be affected. The proposed addition would not change the use of the structure from single-family to rooming house. Through that process the Board would consider compatibility of the proposed use and any potential impacts of the use on the neighborhood, and the layout of the lot with regard to access and parking arrangement will be considered by this Board. A visual rendering of all elevations was provided to the Board. A review of the proposed lighting was also provided to the Board as well as noting the area will have video surveillance. Mr. Ingersoll stated we have contacted DPW and were hoping that the City can help us make the alley more passable. Mr. Ingersoll provided a visual presentation of the MOU for the Board for their review. Based on the code there is no need for a parking waiver. Ten spots on site will suffice most of the time. Parking on the City streets will handle parking overflow. Stormwater will be handled on site with catch basins and rain gutters which will connect to existing storm main. A new manhole is proposed. Mr. Ingersoll explained the terminology of the rooming house designation which was the term Steve Shaw, Building Inspector determined. Mark Torpey, Chairman questioned the decision for the rooming house designation. Justin Grassi, Counsel to the Land Use Board stated rooming house designation by the Zoning Enforcement Office can be appealed to the ZBA if there was opposition to it. However, that is really out of the scope of the Planning Board. Mr. Ingersoll did speak from the Comprehensive Plan noting that it does speak of emergency shelter locations in the City as well as shelter for the homeless. If the project can begin on June 1st, this work can be accomplished by November, 2017 in time for the winter season. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 9:16 P.M. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 10 of 14 Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Mike Toohey, attorney for Elliott and Cathy Masie. He spoke regarding his clients and their intention to achieve a good communal goal. We need to have some assurance that the MOU as it relates to use and utilization of this space be codified in an official record in the City of Saratoga Springs. This is a beneficial use and utilization of the site. The only way that the utilization of this building will not have a detrimental effect on the neighborhood that the time period be adhered to as well as the Special Use Permit conditions. What this will do is allow the neighbors to come to understanding as to how this will impact the nature of their community. We hope it will be a positive interaction. Elliott Masie spoke regarding the mixed neighborhood. Shelter will run the facility. Homeless need it. The City needs it. Thanks to the generosity of our neighbors. Michelle Larkin, Executive Director of Rebuilding Together. For 13-14 years I have worked with low income homeowners. Advocate for this new development. Thanks to the Mitzens for their generosity. Beth Dellarocco, I live on Beekman Street. This building is not small. I am confused and would like clarification concerning SOS and Code Blue. Traffic is an issue with the new Ellsworth development. Dr. Selma Neimer, Henry Street. I have very direct contact with the population all winter long. We are in support of the project. A concern regarding the increase in population. When the shelter opens and everyone will leave during the day that is a big problem. More ongoing programs. Community meetings perhaps. Robert Pringle, lives in Saratoga. SOS laudable, Code Blue people are indifferent and loiter, and bring negative energy. May adversely affect the Mission of SOS. Perhaps a community forum will help, Concern regarding loitering in the alley. Pierre Niemer, I am in favor of the program. Most programs like this have worked especially with the additional services. I am hopeful this is a good start. Thank you to the benefactors. Wally Allerdice, 41 Walworth Street. I have been on this street a very long time. I never have had a problem with the shelter. This is a fantastic opportunity. We have hired some of the clients and they have worked out well. Steve Hovey, Elm Street. Respect the support that the neighbors are giving this project. I have not had a problem and never had a problem. Never been a concern. Homeless is an issue. Having a safe place for the homeless to spend the night. Mark Torpey, Chairman stated the public hearing will remain open. Mark Torpey, Chairman stated there is a lot to consider here. Any questions or comments from the Board. Jamin Totino stated he is in support of the idea and concept. I am curious about the concern regarding the difference between the SOS clients and the Code Blue clients. Mr. Finocchi, Executive Director stated if they come to the shelter and not able to walk in on their own, we have them come in and call an ambulance and they are taken to the hospital. You need to come in on your own accord and sign in and have a meal and they usually go to bed for the night. We will have the break area behind the new building so it will not be visible from Walworth Street and it will be fenced in. Clifford Van Wagner stated this is a commendable endeavor. The specifics need to be ironed out. How many days was Code Blue enforced this winter. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 11 of 14 Mr. Finocchi stated 28 nights and 140 days this year. Janet Casey stated I agree the audience needs clarity from these populations. What are the hours for Code Blue and what happens to SOS and Code Blue patrons depending on the weather. Mr. Finocchi states if it gets above 32 degrees we are closed for the day. Todd Fabozzi questioned the number of patrons currently. Mr. Finocchi stated currently 33 but up to a high of over 90 over the night. Admission is voluntary. Jamin Totino stated he would like to recommend some type of neighborhood input, perhaps an Advisory Committee. Some mechanism so the neighbors can come together and regularly weigh in on what is happening and how to solve the problem. Mr. Finocchi stated we plan on that. In order to be successful we need the community. We want to keep the community informed. Mr. Ingersoll stated we are working on setting up quarterly meetings and inviting people in. This will be presented at the next meeting. This will allow a forum for conversation. Mark Torpey, Chairman stated the applicant is looking for a permanent Special Use Permit. In recognizing there maybe some learning through this process and a better understanding of what conditions might be that make the most sense down the road. Is there some provision providing a permanent Special Use Permit that recognizes some iteration maybe necessary to provide the commitment to go forward with something like this with the ability to modulate. Kate Maynard, Principal Planner, City of Saratoga Springs stated the Board does have ability to approve a temporary and renewable Special Use Permits. So, you do have the opportunity to choose. Clifford Van Wagner stated on a million plus investment a Permanent Special Use Permit is what should happen. Any Special Use Permit can be amended. If the Planning Board finds they are out of compliance we can bring them back to the Board or any changes can also be brought back to the Board. Mark Torpey, Chairman stated the Board will discuss the information provided and we will have a resolution prepared for the meeting in two weeks. NOTE: Clifford Van Wagner exited the meeting at 9:55 P.M. Jamin Totino exited the meeting at 9:55 P.M. 6. 16.047 SOUTHERN SUBDIVISION, 124 York Avenue, final two-lot residential subdivision within the Urban Residential-3 (UR-3) District Applicant: Kimberly and Michael Southern Agent: Libby Coreno, Attorney BACKGROUND: City of Saratoga Springs – Planning Board – April 13, 2017 - Page 12 of 14 Planning Board previously provided favorable advisory opinion to the ZBA on November 22, 2016, related to the potential 2 lot subdivision and proposed variances. The ZBA approved area variances associated with the proposed two-lot subdivision on December 12, 2016. SEQRA: Action appears to be Unlisted. Review was not coordinated with ZBA. Short EAF has been provided with review and determination required. Ms. Coreno provided a visual presentation of the site for the Board and what is currently proposed. We have placed a home on the site for visual purposes only. The proposed house location is 20’ back from the property line, surrounding context of the neighborhood with homes located closer to the frontage. A 10 foot minimum is the required setback. The house shown would be setback further. Most of the rear yards on either side would be within view of the proposed house. We do have a substandard lot and have been before the ZBA and variances were obtained. Ms. Coreno reviewed the criteria for subdivision under the City code. Access to public utilities sewer, water and drainage. In response to the Boards questions and concerns. We have no objection to a shared curb cut via east or west. A shared driveway does raise concerns for the applicant. Regarding the placement of the home on the lot, we have no objection to move the home closer to meet with the context of neighborhood homes. One of the issues we are dealing with is a mature tree located near the proposed property boundary. The applicant is requesting consideration for the street trees to be proposed in the tree belt. We have no objection to buffering. Several options for the home and garage were provided for the Boards information. Information was provided on the tree fence at the drip edge during construction. Ms. Coreno provided the Board with information concerning sidewalks in the area. Discussion ensued among the Board concerning the sidewalks and using smaller species trees in the tree belt. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 10:15 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Mark Dillon, 129 York Street, neighbor stating he wrote a letter in opposition. My question is why would you have to break it up into two lots and that was my concern. It is a very small space. SEQRA: The Board reviewed Part I of the SEQRA short form provided by the applicant. The Board performed a review of Part II of the SEQRA Short EAF. No large or important areas of concern were noted. SEQR DECISION: Janet Casey 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. Todd Fabozzi seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. City of Saratoga Springs – Planning Board – April 13, 2017 - Page 13 of 14 None heard. VOTE: Janet Casey, in favor; Bob Bristol, Vice Chairman, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; MOTION PASSES: 5-0 Mark Torpey, Chairman closed the public hearing at 10:30 P.M. Mark Torpey, Chairman stated we will now move onto the two lot subdivision with the following conditions. We spoke about moving the building within 10 feet of the street, single curb cut widening existing to 20’ to minimize the disturbance on the street, 5 foot dimension on the sidewalks along York Street. We spoke about bringing the front of the house up to create a connection with the street with the porch, moving the single car garage to the back to give dimensional relief. We spoke about the requirement of planting a tree with the species to be agreed upon with the assistance of City Planning Staff and also preserving the existing foliage on the property. Janet Casey made a motion in the matter of the Southern Subdivision, 124 York Street that the application be approved with the conditions as noted by the Chair. Todd Fabozzi seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, in favor; Bob Bristol, Vice Chairman, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; MOTION PASSES: 5-0 APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the April 27, 2017 meeting. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:35 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/13/17 City of Saratoga Springs – Planning Board – April 13, 2017 - Page 14 of 14