Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, APRIL 27, 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; Janet Casey; Clifford Van Wagner; Jamin Totino; Amy Durland; Todd Fabozzi; Abigail Wolfson, Alternate ABSENT: Bob Bristol, Vice Chairman STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Justin Grassi, Counsel for the Land Use Boards – arrived at 8:18 P.M. 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 STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs stated the Plaza 15 application was noticed but the engineering review comments were not complete and the application was removed from tonight’s agenda. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, May 8, 2017 at 4:00 P.M. Planning Board Workshop, Monday, May 8, 2017 at 5:00 P.M. Planning Board Meeting, Thursday, May 11, 2017 at 7:00 P.M. PRIVILEGE OF THE FLOOR: None heard.  A. APPLICATIONS UNDER CONSIDERATION: 1. 13.031.3 RIP VAN DAM, 353 Broadway, Site plan extension of hotel within the Transect-6 Urban Core (T-6) District. BACKGROUND: Site plan expiration March 26, 2017. Extension request received prior to expiration, preserving approval. 18 month extension would be September 26, 2018. This is the second and final extension request which can be considered. 2. 13.055.2 HAMILTON STREET PARKING GARAGE, Hamilton Street, Special Use Permit Extension for parking facility within the Transect-6 Urban Core (T-6) District. BACKGROUND: Special Use expiration March 26, 2017. Extension request received prior to expiration, preserving approval. 18 month extension would be September 26, 2018. This is the second and final extension request which can be considered. 3. 13.056.2 HAMILTON STREET PARKING GARAGE, Hamilton Street, Site Plan extension for parking facility within the Transect-6 Urban Core (T-6) District. Site Plan expiration June 25, 2017. Extension request received prior to expiration, preserving approval. 18 month extension would be December 25, 2018. This is the second and final extension request which can be considered. Applicant: 353 Broadway, LLC Agent: Matt Chauvin, Attorney Mr. Chauvin attorney for the applicant requested 18 month extensions for the Site Plan on the Rip Van Dam and the Special Use Permit and Site Plan extensions on the Hamilton Street Parking Garage. We are very close to moving these projects forward. Once these applications for extensions are approved the bond and escrow will be posted and the Mylar’s will be presented to staff for review, as well as requesting the pre-construction meeting scheduled. The applicant is aware this is the 2nd and final approval. Mark Torpey, Chairman asked if there were any further comments from the Board. Clifford Van Wagner stated part of the approval process was the Rip, Adelphi and Bethesda sharing infrastructure costs for storm sewer. Just questioning if the proper paperwork was in place and would like to have it noted in the extension request. Mr. Chauvin stated there has been no change in the plans or what we have committed to. There is an agreement in place and it is noted on the plans as such as part of the approval and built to that specification. Jamin Totino made a motion in the matter of the Rip Van Dam, 353 Broadway, and application for an 18 month Site Plan extension from March 26, 2017 to September 26, 2018 be approved. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 2 of 20 None heard. VOTE: Clifford Van Wagner, in favor; Jamin Totino, in favor; Abby Wolfson, Alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 7-0 Janet Casey made a motion in the matter of the Hamilton Street Parking Garage, Hamilton Street, and application for an 18 month extension on the Special Use Permit from March 26, 2017 to September 26, 2018 be approved. Jamin Totino 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; Abby Wolfson, Alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 7-0 Jamin Totino made a motion in the matter of the Hamilton Street Parking Garage, Hamilton Street, application for an 18 month Site Plan extension, from June 25, 2017 to December 26, 2018 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; Jamin Totino, in favor; Abby Wolfson, Alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 7-0 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. Mark Torpey, Chairman stated the request before the Board is for a Special Use Permit for a neighborhood rooming house. This evening we will be discussing special use and the focus of the discussion will be on the evaluation of that criteria. On the website we have a number of attachments listed. On the website we have a number of attachments listed. BACKGROUND: SOS has current facility at 14 Walworth Street which serves the homeless in the community with formal stay and programming. The Code Blue shelter was started – 5 years ago within Saratoga Springs to provide shelter for those without housing on nights where temperature drops lower than 32 degrees. It has had different temporary locations City of Saratoga Springs – Planning Board – April 27, 2017 - Page 3 of 20 including the 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. Applicant: Shelters of Saratoga Agent: Mike Ingersoll, Matt Brobston, LA Group; Brett Balzer, Balzer Tuck Architecture Mr. Ingersoll stated he is here tonight representing Code Blue. We have several staff people as well to help provide information as well as answer questions on the new information submitted. Our benefactors the Mitzens are here this evening as well. We will provide a visual presentation as well as answer some questions which arose at the workshop. We understand from the workshop that there will not be a vote this evening. 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. The site plan area was reviewed for the Boards information as well as floor the floor plans. There will be more information and discussion on these issues at Site Plan review. As discussed at the last meeting and the workshop we have reduced access to the site from Marvin Alley. to all pedestrian traffic. The only access to the site will be by foot on Walworth Street. Views of the building from all elevations was provided to the Board. A solid fence will be installed in the rear to discourage access as well as the installation of security lighting. This is a limited use period of time. Daily departure procedures for the Shelters of Saratoga and Code Blue were reviewed with the Board, as well as statistical information on how the program has grown. We are proposing with this Special Use Permit a Neighborhood Advisory Council to develop an information chain. Cynthia Harrington, Executive Director, Shelters of Saratoga reviewed the Refusal of Services and Turn Away Policy with the Board. I have seen Code Blue from its inception. Over the years we have implemented policies for the safety of the people we serve as well as the community. In the event that someone comes to Code Blue and they are not in a condition to navigate the stairs or the volunteers do not feel safe, we call 911 and get the police and EMS involved assuring they are appropriately taken care of. In the event they leave the premises the police are notified. That is essentially the policy for Code Blue. If the shelter is full Social Services is contacted. Jamin Totino questioned the radius of people who are brought to the shelter. Cynthia Harrington, Shelters of Saratoga stated essentially they are from Saratoga Springs. Sometimes they come from the outskirts but more often than not they return to the community they came from. Our statistics show that 51 were living in the streets and encampments. That is the number we are serving in Code Blue. Cheryl Ann Murphy Parent, Director Code Blue stated we were at a solid 95% or more of all of the guests at Code Blue being from Saratoga Springs. Amy Durland questioned the MOU indicates that during the time code blue alert is in effect that there will be staffing such that on a regular basis during the hours of the code blue being operation that staff will monitor the exterior grounds upon which Code Blue is located and be responsive to any situations that may arise in the neighborhood which is defined as 250 feet of the center. Can you provide some information on the feasibility on how that would work. Mr. Ingersoll stated Mike Finocchi and he discussed the monitoring of the site as well as working with the City police and staff to monitor the neighborhood every half an hour. The intent is to not just open up the site. The details of this still need to be worked out. Also at the last meeting the questions was how other similar agencies came up with these policies. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 4 of 20 Marcy Dreimiller, President, Shelters of Saratoga, and volunteer at Code Blue. I wish I could say that the Advisory Council was an idea I came up with, but it does exist in a number of other agencies in the Country related to homeless shelters for both adults and children and families. How do you operationalize the elements of the MOU. The Advisory Council is the first step. It really started informally when we first met with the Mazie’s. The Advisory Council is meant formalize a process where neighbors, Shelters of Saratoga Staff and Code Blue Staff come together and talk about issues. There are several models to refer to. Clifford Van Wagner questioned if any of the models include a member from the City. Marcy Dreimiller, stated there are several different models. Some where the City commissioned the Advisory Council. Even more formal putting them into resolutions and charters. We would like it to be more holistic. Some formality but some openness as well. Clifford Van Wagner stated the Advisory Committee is a great idea and I do not see any reason to limit it to any number of meetings. We should support the fact that there is an Advisory Committee. Marcy Dreimiller stated there are folks that want to be involved in this project at the hospital because they serve this population as well as the police. It would be a success story for the project. Amy Durland questioned if there was a way neighbors who might be witnessing something or are concerned about something could contact someone. Marcy Dreimiller, stated the Shelters of Saratoga and Code Blue has house monitors 24 hours a day. We need to get the communication process worked out. We have a good relationship with the police and EMT’s and to assure that this connectivity is maintained. Janet Casey stated one thing to consider was something similar at the Fasig-Tipton area where neighbors were concerned and wanted to be able to reach a person immediately. There was a system in place with monitoring and a phone so concerned citizens could reach them immediately. Jamin Totino suggested a larger expanse to allow other areas of the West Side to be involved. I am in support of this project but how it is carried out is supremely important. Mr. Ingersoll stated they are here tonight for a permanent Special Use Permit. Mr. Finocchi’s telephone number was provided and he is available at anytime. Mr. Ingersoll reviewed the evaluation criteria for Special Use Permits: 1. The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this Chapter. Two sections of the Comprehensive Plan which charge the City and the various Boards to find a solution for Sections 3.2.59 which identify emergency shelter locations that provide for safe clean facilities and For the public to seek shelter during an emergency. Section 3.4.55 is very clear about at risk persons which states to provide adequate temporary shelters for the homeless and the at risk and also to assist the homeless and at risk of becoming more homeless in obtaining other housing. 2. The density, intensity and compatibility of the use with the neighborhood and community character. The project has been designed to match the density of many of the surrounding properties. 3. Safe and efficient pedestrian and vehicular access, circulation and parking. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 5 of 20 create limited restricted access to the site for pedestrians by allowing no access from the alley. We have decreased a curb cut. The front door has adequate area for queuing. Parking is adequate on site as well as street parking availability. 4. Existing and future demand on infrastructure, public facilities and services. All infrastructure and public facilities are nearby and adequate. We will be improving stormwater management on the site. We have met with the Police department and are happy to have a more organized facility. 5.The environmental and natural resources of the site and neighboring lands including any potential erosion, flooding or excessive light, noise, vibration and the like. No impact on the environmental or natural resources on the site or nearby parcels. 6. The long term economic viability of the site, neighboring properties and district. The current site is New York State not for profit entity and due to this designation and is exempt from the profitability portion of these criteria. SOS has been in the area for ten years and we have a generous donor. The neighborhood has been existing with SOS there. This is an expansion. It is a mixed neighborhood. Two large industrial facilities next door. A mix of different uses. Mr. Ingersoll stated if the Board was to move on the Special Use Permit we have several suggestions for the Boards consideration. These are items which have taken into consideration the neighbors concerns and we would not object to the following considerations: The Shelters does acknowledge the restricted and limited operations of the rooming house from approximately November to May as per the New York State Code Blue Directives. We also acknowledge the conditions set forth in the MOU with the neighbor’s property along Marvin Alley. Specifically that the lighting the fencing, neighbor notification and communication, and monitoring. We spoke about the willingness to establish a Citizens Advisory Group. This is an expansion of the current SOS program which is operating at this site. Parking is adequate for a rooming house and we do meet the Code. The permanent Special Use Permit is restricted to the rooming house for a limited use. Marvin Alley access and potential improvements will be discussed at Site Plan review. Todd Fabozzi questioned the capacity. A survey was done how will that capacity respond to future trends and how have the numbers changed over time in terms of the homelessness in the city. What do you do when you are at capacity? Cynthia Harrington, Shelters of Saratoga stated our goal is to get people housed. Hopefully that will decrease the numbers. If we are at capacity we then contact Social Services and they would place them. Mr. Ingersoll stated the goal is not to have any people turned away. If that happens then something else has to be done. Right now 61 is a cushion we are comfortable with. Marcy Drumiller, President, Shelters of Saratoga, stated part of our job is to do a strategic plan which is focused on rapid housing and housing first model. We have engaged with a consultant who has worked with the homeless in the past. We have to grapple with these situations but it is the housing piece which is the most difficult. Our goal is to respond. Over the past 4 years there has been a small increase on the average of 31. Clifford Van Wagner questioned where are the people placed in housing. Cynthia Harrington, Executive Director, Shelters of Saratoga stated it depends on their individual needs and what is most suitable for them and what they are income qualified for. This year we have had 10-12 individuals who have transitioned from Code Blue into the Shelters of Saratoga the case management program. Mark Torpey, Chairman questioned if the DSS maintains a 24 hour on call program and are they very responsive. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 6 of 20 Marcy Dreimiller stated we call the Sheriff’s department and they contact the on call division of Social Services. The on call person then contacts us and together we provide the services needed. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. 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. Dan Larkin, 126 Burke Road. I am speaking on behalf of this project. I am a volunteer at SOS and Code Blue. I have been a police officer for 32 years and have a lot of exposure with the under privileged and the homeless. I support this project; this is a win win situation. A great opportunity. David Railsback, 118 Washington Street. SOS is in my backyard. Expressed concerns regarding this facility. Code Blue population is different. Drug addicted or mentally unstable individuals. Overall lack of community accountability in the Code Blue plan. Neighborhood patrols well intentioned. 61 transients for almost 100 nights per year is disconcerting. I support the mission of SOS and Code Blue but I do not support the facility. Angela Laroe. I am a resident of Saratoga. I am in full support of this project. I lived next door to Code Blue this winter in the Mother Andersons shelter for women and children and also stayed in Code Blue in January 2016. Constant sirens and police frightened us leading to a false perception of the place. I volunteered at Code Blue and many of my misconceptions were dispelled. Cannot speak more highly of any facility. I am in favor of the project. Lynn Bradley 77 Walnut Street. I am on the Board of Directors of Shelters of Saratoga for the last 7 years. I am here as a neighbor. I am in support of the project. Confident in the staff and the Board of Directors to run a good program. This is an important project. Don Vedderstein, I go to Code Blue all the time. As a recovering alcoholic the people there worked with me so hard. They convinced me to go back into rehab. They transitioned me into SOS. If they save a couple of people per year it is worth it. I am in support of this project. Robert Pringle, Franklin Street. The Code Blue people are different from those in the Shelters of Saratoga. There is a criminal element. We need to keep an eye on this group of people. It will negatively affect the property values in the neighborhood. Also, we do need to expand the community input and include a larger area in the Advisory Committee. Tom Dillon, 31 Franklin Street, this is directly in my backyard. I believe in the resources of Code Blue. No problem with SOS to enlarge this property. I have put up with people with shopping carts, people are in my trash. It is not about wanting to help the homeless. For me this is a real estate situation. Very large structure and the density is an issue. If this is a county project why shouldn’t the county help to find a better place not in a residential neighborhood. The library is not a good place to send these people. Beth Dellarocco, 124 Beekman Street. My second floor looks over this property. I am concerned about a few things. I wish the Advisory Council was established before the project started. I feel this is being pushed on our neighborhood. I haven’t seen Biffer Alley addressed at all. There is an elementary school in the area which has not even been discussed. How is this going to work? Drugs in the neighborhood. There is no plan in place. How does this qualify as a rooming house? I question staffing for Code Blue not volunteers who is going to run this. Last time I spoke there was clothing and cardboard boxes on the corner. No one even bothered to clean this up. I am not against the project but I would like to step back take some time engage the neighborhood and what is going to happen. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 7 of 20 Kiera Pringle, 39 Franklin Street. My backyard is Marvin Alley. I work downtown and I walk and get home late at night. I have on a few occasions encountered people who approach me for money or have been aimlessly wandering. I do not always feel safe in my own backyard. I do not find the addition of Code Blue in a residential neighborhood a good idea. Why don’t we find another place which is not residential. I am not feeling safe. I am in favor of Code Blue just not in a residential neighborhood. Matt Dixon, 25 Franklin Street, I have lived here for 10 years. My concern is the same as the other people stated. In the past 10 years the west side has developed positively. Families moving in and rehabbing homes. It has been wonderful. This is out of step in the way this neighborhood is moving. I have young children myself. This is a residential neighborhood. If this is countywide we have plenty of options. SOS is a different entity. Code Blue is different. They don’t need to be next to each other. The idea of an imposing building seems out of whack for the character of the west side. Celia Dillon, 31 Franklin Street. This is directly behind our house. I am a real estate agent and home values will decrease not 12% but more than that. It is a small lot with a 6,000 square foot facility. One that will dwarf buildings on on Franklin Street and Walworth Street. We have had no problems with the homeless population. It has gotten better slowly. We are within 2 blocks of the playground and the grade school. Why not other areas. Why not areas on West Avenue or perhaps behind the new mental health facility on South Broadway. What about the West Side Plaza is there room there. Look at areas where there is public transportation. Dave O’Neill, own the property to the south side of the shelters. I find myself listening and I find myself agreeing with the people in favor of a project and also agreeing with the folks not in favor of the project. I bought my property a year ago. There are a lot of questions asked tonight. Jonathan Haynes, 152 Grand Avenue. Owner of the local 142 Grand Avenue. Very concerned about this project and the property values. We have made much progress in this neighborhood moving drugs and alcohol out of the neighborhood. Very concerned about safety. Mark Torpey, Chairman stated this is a complicated project. We have a lot of information which has been shared. Thank you very much. Personally I am not ready to make a decision and so I ask the Board for any additional information to provide guidance or additional information we would like to get to help understand the overall project. I would like additional information on the Advisory Council. How will it address many of the issues and how can we establish a governance structure for the council so that it has the ability to look at conditions, iterate and suggest changes and move in an even better direction with time. Understanding how that would work would be a helpful thing for me to understand. When we do a Special Use Permit we specify hours of operation, specific criteria that ties everything in to be well defined and precise. This is a very different situation. It’s a hybrid situation. There is no precedent and how that should function optimally. This one has to morph and transition into one that is respectful of everybody. I would like to seek counsel to find how we would craft one that works. So I need more information. Mark Torpey, Chairman asked if anyone on the Board would like more specific information from the applicants. Mr. Ingersoll stated this Board has worked on project such as this, i.e., Siro’s, and other restaurants so you have dealt with neighborhood organizations before. It is not a new project. Janet Casey stated it would be helpful for the audience and the neighbors to have clearer sense of how this does work in relation with the County. I think there is a misunderstanding that suddenly something is being put here to serve the County. The way it has been talked about and suggests the possibility of expansion and that is what needs to be clarified. Jamin Totino stated perhaps some additional data on the clients. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 8 of 20 Clifford Van Wagner stated his thoughts are the Board is in favor of the project. If that is the case then what I see as the stumbling block with the neighborhood community is how this Advisory Committee will work. The applicant will return several times for site plan. The Board needs to determine if this is the right project for the site. If that is the case then over time this neighborhood committee can be massaged and those two things can work parallel. The project is honorable and I believe it does work. The neighborhood committee is so important, perhaps having a police officer on the committee and no limit to the area of neighbors to be involved. I do not think there should be limit in where you live. You work this and figure it out the best way to make it work. Jamin Totino stated he couldn’t agree more. It is not a matter of the location but more about the impacts. It is a great project. Next to SOS makes sense because of the transition and the mode. This is more about how it is carried out. The neighborhood committee needs to be much stronger, determining the exact function during and off season. I am not directly impacted but the concerns of the neighborhood could have an impact and needs to be thought out more carefully. Todd Fabozzi stated he agrees with what Jamin is saying. There is another piece to this. I am in support of this proposal generally; however I question the intensity and size. Listening to the concerns of the neighborhood is it too much for one spot, perhaps it should be in two different sites. How it is managed is important with stronger language. Perhaps time limits on the Special Use Permit so it can be reviewed it periodically and see what the actual impacts have been. We need to look at level of service and impact to the neighborhood. It is a good site but is it too big. Amy Durland stated she originally had that same thought. I would like more information on Biffer Alley and how that relates to this project. The Advisory Committee states it will include a member of the Police Department. Would it make sense to have a member of the department come in and speak to the Board concerning their experiences with the program and how they address it? Is there any way to mitigate the noise and the sirens? The issue of the school nearby and whether or not that is a problem. Janet Casey stated the applicant is seeking a Permanent Special Use Permit could we create one with provisions that are renewable so that the neighbors feel there are potentially some teeth here. This might help the neighbors. I am in support of the project but I am sympathetic to the number of neighbors who spoke out tonight. Mr. Ingersoll questioned if anyone on the Board would oversee a meeting with the neighbors would help. Kate Maynard, Principal Planner, City of Saratoga Springs, suggested a liaison in coordinating who would report back to the Board, this has been done in the past. That representation and coordination would be something that would be in line with what has been done previously. Mark Torpey, Chairman asked if anyone on the Board would like to volunteer. Jamin Totino stated he would be willing to become the liaison. Mr. Ingersoll stated they have some homework to do. Clifford Van Wagner stated approximately 3 years ago the Schenectady County Mental Health folks came to consolidate their efforts to move onto South Broadway. I heard so many negative, nasty comments. People were concerned that the property values would be affected. That project has not had any negative impacts. There are no loitering issues. Other developers are moving forward in this area successfully. I just want to point out we heard very similar comments. With impact from the staff, the Board and many meetings it worked. It is successful and it is not a negative impact to our City. This Advisory Committee with some teeth into and a lot of hard work that could go a long way. Mark Torpey, Chairman stated each Board member has raised some issues. We will not be voting tonight. We will expect at a future meeting to review the requested information and a report from Jamin who has graciously agreed to be the Board’s liaison. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 9 of 20 Kate Maynard, Principal Planner, City of Saratoga Springs stated we received another anonymous letter in which the Board members also received it at their personal addresses. On behalf of the Board we do try to respect their privacy. Please forward letter and comments to City Hall and we will forward them onto Board members. Justin Grassi stated it is important to assure your correspondence has been received at City Hall and entered into the record. Sending the correspondence to City Hall will ensure it. 9:00 P.M. Board recessed. 9:12 P.M. Board reconvened. 5. 17.012 PET LODGE, NYS Route 9 (Broadway, Special Use permit for an animal kennel use within the Rural Residential (RR) District. Mark Torpey, Chairman stated we have seen this project before the Board on many occasions and have had several presentations including at the last meeting. We had discussed a potential motion and requested some additional time to review and work through the language on this motion. Kate Maynard, Principal Planner, City of Saratoga Springs stated there was a draft motion prepared and distributed to the staff per Board policy. Discussion and conversations are restricted to the public meetings. Two potential suggestions and revisions were received. So the Board as a whole can discuss and utilize the draft as they see fit. Mark Torpey, Chairman stated we will see this project again at Site Plan Review, we are required to review both for ultimate review. I agreed with everything in terms of the language. The whereas paragraphs were statements of fact. In going though it the first two items where we are talking about the use being in harmony with and promoting the general purposes and intent of the Comprehensive Plan and the City’s Zoning chapter was good as well as the second paragraph about density, intensity of use. In my opinion in keeping those together as part of the recommendation was helpful. Since we will be discussing vehicular access and circulation and parking it is part of our site plan as well as some of the concerns we have had relative to the septic system and we are hoping that Tim Wales, City Engineer will weigh in more formally on that in terms of the final design would be to strike #3 and #4, and obviously we can address those in Site Plan Review in more detail. Also, I was going to strike #5. We would keep and preserve elements #1, and #2 and then ending with the conclusion that that Planning Board hereby grants approval of the applicant’s Special Use Permit per the requirements set forth in the City of Saratoga Springs Zoning Ordinance and subject to the following conditions. I have identified several items to be included: 1). A cross access easement. If in the future there is a cross access easement allowed on that paper street than there would be an opportunity for the applicant to look at that as an alternative means of ingress and egress that would potentially eliminate the curb cut. 2). We spoke about the downward facing lighting to avoid light spillage to the neighbors. 3). Operating hours shall be limited to: Monday-Friday 6:30 AM – 6:30 PM Saturday 7:30 AM – 6:30 PM Sunday 2:30 PM – 6:30 PM In terms of the boarding all animals will be inside prior to the 6:30PM closing. Boarding of dogs and cats only and limited to 50 animals, and 35 for daycare. The number of employees shall be limited to 2 per shift. 4). Preserve the no cut buffer along the Route 9 highway. 5). Sanitary sewer line to be approved by the City Engineer. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 10 of 20 Justin Grassi, Attorney for the Land Use Board stated if the Board is striking items 3,4 and 5 some of the criteria the Board is looking at does include those criteria. There should be some reference to this being reviewed in Site Plan Review noting that this has been referred to. Discussion ensued among the Board regarding the Chairman’s proposal regarding the Special Use Permit. Mark Torpey, Chairman presented the following into the record: WHEREAS Matt Sames seeks final Special Use Permit approval for the Pet Lodge of Saratoga, an animal kennel use at NYS Route 9/Broadway (Parcel ID#s. 191.8-1-1,2,3,4,5,6) within the Tourist Related Business (TRB) District along the roadway and the Rural Residential (RR) District in the rear of the lot in the City of Saratoga Springs; WHEREAS the proposed project has been subject to careful consideration over the course of project review that has included but is not limited to review of: 1. Area Variance approval from the ZBA for minimum side yard setback and total side yard setback requirements constituting all variances that are needed to allow Mr. Sames under the Zoning and configuration of the land to locate an “Animal Kennel” on this site; 2. Special Use Permit application submissions (last revised April 13, 2017) and discussions at numerous Planning Board meetings; 3. SEQRA negative declaration finding of no significant adverse environmental impacts (resolution on December 8, 2016); 4. Submission of an Avoidance Plan and SHPO correspondence regarding avoidance plan and proposed conditions; 5. Site visits by Planning Board members to view physical property characteristics; 6. Correspondence and input from adjacent property owners and the public. NOW, THEREFORE BE IT RESOLVED that the Planning Board hereby makes the following findings, determinations and certifications: 1. The use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and the City’s Zoning Chapter. The Animal Kennel use is a permitted use in the Rural Residential Zone and the Zoning Code is consistent with the Comprehensive Plan. The entire facility and all parking are located with the Rural Residential Zone and its 100 foot allowable extension. All variances which were necessary for the project were secured. 2. The density, intensity and compatibility of the use is consistent with the neighborhood and community character. The existing uses directly to the south of the project, including a veterinary clinic, consignment shop, restaurant and chiropractic office, are either similar in density and intensity or greater. Further, the properties to the south will be buffered by vegetative growth and a solid privacy fence and the lands to the north are owned by the State of New York and vacant. Operating hours will be restricted to normal business hours as stated in the conditions. THE PLANNING BOARD HAS REVIEWED THE EVALUATION CRITERIA AND HEREBY GRANTS APPROVAL OF THE APPLICANT’S SPECIAL USE PERMIT PER THE REQUIREMENTS SET FORTH IN THE CITY OF SARATOGA SPRINGS ZONING ORDINANCE AND SUBJECT TO THE FOLLOWING CONDITIONS: 1). A cross access easement shall be established along the southern side property boundary to retain potential future shared access with Pratt Drive (paper street located on a privately held tax parcel). Should access to the subject parcel be made possible via Pratt Drive to the south, the current proposed access onto Route 9 shall cease to operate and be physically removed. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 11 of 20 2). Lighting shall be limited to downward facing lights, the location of which will be subject to site plan review. 3). Operating hours shall be limited to: Monday-Friday 6:30 AM – 6:30 PM Saturday 7:30 AM – 6:30 PM Sunday 2:30 PM – 6:30 PM In terms of the boarding all animals will be inside by the 6:30PM closing. Boarding of dogs and cats only and limited to 50 animals, and 35 for daycare. The number of employees shall be limited to 2 per shift, up to a maximum to 8. 4). Preserve the no cut buffer along the Route 9 highway. 5). Stormwater and sanitary sewer concerns and design issues to be approved by the City Engineer. Jamin Totino made a motion in the matter of the application of the Pet Lodge, NYS Route 9/Broadway Special Use Permit as presented by the Chairman be approved. Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. Amy Durland stated she will not be supporting this project due to all the previous comments she has made which are on the record. Including the encroachment on the wetlands without mitigation, and the heavy traffic along Route 9 and without a traffic report and the very poor soils. However, I suspect you will receive an approval and I just wanted to say I appreciate the forbearance you have exhibited in this long application process. It has been a very thorough process and assuming the approval is received I wish you the best of luck. VOTE: Clifford Van Wagner, in favor; Jamin Totino, in favor; Abigail Wolfson, in favor; Amy Durland, opposed; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor MOTION PASSES: 6-1 6. 17. 014 70 BEEKMAN, 70 Beekman Street, Special Use Permit for art gallery, artist studio, retail, Service establishment and/or office uses within the Neighborhood Complementary Use 1 (NCU-1) District. Applicant: Hong Yu and Mary Chen, owners Agent: Mike Toohey, Attorney BACKGROUND: Special Use Permit approved in 2001. Currently first floor space is being utilized for office and retail uses. Uses may be considered for special Use Permit, but no current approval issued for these uses. Building Department issued a cease and desist letter regarding current violation. As application for special use permit submitted (proposed remedy to violation), uses permitted to continue until Board considers and acts on application. SEQRA: Action appears to be a Type II action, no further environmental review is required. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 12 of 20 Mark Torpey, Chairman stated there has been a fair amount of correspondence received by the Board concerning this application. Kate Maynard, Principal Planner, City of Saratoga Springs stated the Board has received a number of letters to date they are as follows: -letter from May Chen, applicant. -email from Jon Galt, received March 20, 2017. -email from Michelle LaLonde, received March 22, 2017. -email from Marvin Crystal, received April 22, 2017. -letter from Art District Committee on Beekman Inc., received April 19, 2017. -letter from Richard Lockwood, received April 23, 2017. -email from Tina Ashton, received April 23, 2017. -letter from Sue Kessler, City Arts Commission, received on April 24, 2017. -letter from Debra Cohen, received on April 25, 2017. -email from Lara McBride Preble, received on April 26, 2017. -correspondence from Susan Rivers, received April 27, 2017. Mr. Toohey stated the applicants have owned this property since 1998. The property is located at the northeast corner of Beekman Street and Oak Street. There are two residential units on the upper floor of the property. The first floor is currently divided into 3 commercial spaces. Sandborn Maps were provided to the Board noting he property is the same as it was prior to zoning and is pre-existing. There is no space for public parking and would require a parking waiver. Mr. Toohey reviewed the neighborhood uses and the uses for this property which is located in the Neighborhood Complementary Use -1 District. The zoning code states the property use specifies permitted if less than 1200 square feet. The five uses we are proposing and are requesting are less than 1200 square feet. There are five uses we will be requesting an art gallery, art studio, retail, service establishment and office. It does not put a priority on the use of any one use over another. They do not place a higher priority on the art studio or art gallery over the other uses. In 2001 the Planning Board issued a Special Use Permit for the use of this property. It allowed 1 art gallery and 2 art studios. It clearly allowed two independent art studios which if combined would exceed the 1200 square foot restriction. The Planning Board at that time allowed 2 uses of the same style within the space, so long as the individual utilizations were less than 1200 square feet criterion. It allowed for a waiver of 7 parking spaces. The art utilization of this building was discontinued and the applicants made a mistake. They allowed a financial service organization to rent two thirds of the space, and to allow the Merle Norman people to come in. When informed of the violation the paperwork stated the uses which were there were permitted uses. They were not permitted under their 2001 Special Use Permit. The only uses permitted were the art studio and art gallery. Upon receipt of this notification the financial service organization choose to vacate the space. The Merle Norma cosmetic use is still in effect in the 642 square feet as a retail use. We are here tonight requesting a Special Use Permit for this building to allow all 5 of the permitted uses allowed in the code. We are also seeking a waiver of Site Plan Review as was done in 2001 since there will be virtually no change or alteration in the exterior of the building. A full analysis of the parking was requested. I did some calculations for the parking based on the heaviest uses allowed and we would still request a waiver of 5 parking spaces. Mr. Toohey reviewed the neighborhood and the uses and noted the one use lacking is that of an art gallery or studio. Only 1 artist co-op exists in this whole area. The applicant’s property is the only one that has this limitation on it. The designation other than the placards that exist on the poles that this is an art district does not exist within the zoning code in the City of Saratoga Springs. This is a designation that a group of well intentioned neighbors put together. In 2016 one of these buildings was sold for $285,000. The person who sold it was a supporter of the art district but did not put any restrictions on the deed denoting the usage of the property, which they have done to the applicants. Mr. Toohey reviewed the 6 step criteria for Special Use Permits. My clients are not opposed to having an art gallery or art studio in this space; however, they do not wish to have the uses limited. Adequate street parking exists. Demands on infrastructure currently exist and there will not be any excess use. None of the uses we are requesting require noise mitigation. The applicants have a right to an economic return on the property. Please vote positively for the applicants Special Use Permit. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 13 of 20 Kate Maynard, Principal Planner, City of Saratoga Springs clarified the uses being proposed are uses allowed with a Special Use Permit and Site Plan Review. Justin Grassi, Counsel for the Land Use Boards added generally when people think of permitted use, they think it is allowed without a Special Use Permit. In this case a Special Use Permit is required. This is a specially permitted use is that there are unique impacts and unique characteristics for these type of uses. The Board is to review these impacts and characteristics and give some special consideration to make sure the general welfare, health, and safety of the community are mitigated from the impacts of this Special Use Permit. Todd Fabozzi questioned the 1200 square feet designation and requested clarification. Kate Maynard, Principal Planner, City of Saratoga Springs stated we have reviewed this. The Building Inspector stated he was looking at this on a parcel basis. Any use up to 1200 square feet. We have found other applications which have moved forward on Beekman Street that it appears to run against that. I have looked into it and spoke with Steve Shaw, Building Inspector and he is accepting of the interpretation that the 1200SF be considered individually for each establishment on a site, but not maximum for use cumulatively. Amy Durland stated her interpretation is she thought they were not restricting uses but restricting size. Whatever the uses are they want it to be small. Discussion ensued concerning the Special Use Permit and the criteria. Clifford Van Wagner questioned what was there previously. Mr. Toohey stated there have been an art gallery, and an art studio, a restaurant. The downstairs has always had a commercial use. Mary Chen, applicant stated we are dedicated to art. We were the first property on the street to have an art gallery. We have had a hard time maintaining the art gallery. It was there for 12 years. Mark Torpey, Chairman questioned why the applicant didn’t pursue all the uses at the time the initial Special Use Permit was approved. Ms. Chen stated at that time the whole area was focused on artists. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 10:06 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Kenneth Klotz, 232 Maple Avenue. They were there at the start of the transformation of Beekman Street. They are serious artists and professional singers. I encourage the Board to give them the flexibility they need with this new Special Use Permit. Karen Klotz, 232 Maple Avenue. This was a very bad area in the 1990’s. We had many good art experiences here. Economics changed. The applicants have tried for so many years. I hope you take into consideration the history of this area. Raymond Scott, 19 Seward Street. I have known her for 20 years. I do not see why this is even an issue. Lisa Milo, lived in Saratoga since 2001. Mary and her husband who helped us find a place to stay. They employed us. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 14 of 20 My husband is a renowned artist. Hope the Board will allow them to succeed. Kyle Quinn, 70 Beekman Street Apartment 1. I was also the Managing director of North American Financial Management who occupied the 2nd unit downstairs. We felt we brought a fair amount of business to Beekman Street with our clients coming to the office. Countless luncheon meetings and dinner meetings. Constant foot traffic. I feel the applicants should have the opportunity to prosper at that location. Bill Sheely, 25 Church Street. I have known the applicants over 10 years. I have helped out at the gallery. The economics changed. They should be allowed to expand her Special Use Permit. Sergio Commachio, 435 Wilton, Gansevoort. I work for Living Resources who provide services for people with disabilities. We are hoping to rent a space in this building, Office A to create a gallery. A space where our students can make art work. A big part of our mission is to try to promote fully inclusive authentic activities for the people we serve. They identify as artists. A space like this would work and let them interact with the community and draw the community to them. Rev. Andrew Sperry, 4 Lexington Rd. Pastor of the Methodist Church in town. We hope to rent Office B. We would like to bring a spiritual connection to the west side of town specifically Beekman Street. We approve this use. William Stanley, resident of Saratoga Springs since 1976. I live on the West Side of town which has grown significantly over the last 20 years. I work for Living Resources as well and this would be a perfect spot for our clients to showcase their artistic talents. I am in support of their requested Special Use Permit. Michelle Winney, Beekman Street artist since 2002. There were 9 studios and 14 artists in the Beekman Street co-op. Mary Chen has a beautiful building and a beautiful gallery. We are working hard to bring the artists back to Beekman Street. I hope her building continues to be an art association. Ameo Amejat, 67 5th Avenue. I am the founder of the arts district. 17 years ago started the arts district. Spoke about the history of the art district and tried to change the zoning to develop the arts district. We need studios and galleries to be art related and monitor other uses carefully. I request you deny her request for other uses and keep the use art related. We still have a chance to revive the arts district. Ms. Amejat presented a Letter from Dee Sarno who felt Mimosa was very important to the street and her leaving and how that impacted the arts district and the applicants building. When the tax office was there, 10 parking spaces used by the office staff impacting parking. Also a letter from Pat Goodell in support of keeping the Special Use Permit art related. Jamin Totino stated Dee Sarno’s letter was not in support of the proposed Special Use Permit citing the concerns of the Beekman Street Art Association. Copies were made and circulated to the Board. Rev. Heather Williams, Pastor at Saratoga Methodist Church. Our vision and intention is to be a connection with the community. The office space would be used during the week by 2 or 3 people. Some evening meetings will also be held in the office space which would not prohibit other people from parking on the street. We are hoping to be a healing presence in the community. We hope you will approve this Special Use Permit. Jack Showhan, True North Financial Services. Franklin Square. I encourage you to grant the Special Use Permit request. Very supportive of artists over the years. Jonathan Haynes, 142 Grand Avenue. Owner of the Local and a Founding Member of the Arts District. Letter was submitted to the Board. Arts are important and we need to support. As a group our preference for ground floor businesses are spaces that would interact fluidly with the street. We are trying to find and encourage artists for the area. I support what she is looking for this evening. Mark Torpey, Chairman closed the public hearing at 10:39 P.M. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 15 of 20 Mark Torpey, Chairman stated there is a UDO process taking place at this time. If there are suggested changes as to what the Zoning Ordinance should state there is a venue there for providing input for the proposed changes requested in the district. I did look at the letter from the Arts District Inc., and it does speak about potential recommendations for retail and office on the second floor. I would like to get a sense from the applicant on what their thoughts are concerning this. Mr. Toohey stated you were requested to change the Zoning Code today and as you stated you do not have the authority to do that. The problem with putting that type of use on the second floor and I know the Board knows the area, would require handicap accessibility to all those buildings and as a result it would be a total redo of them. Most of these buildings are too small to bring that type of accessibility to the second floor. As a result, the idea that you are shifting the use and utilization to the second floor is not a viable alternative with regard to this. The 2012 Zoning Amendment to require these things did not pass. The Zoning Code we currently have now and the uses that are permitted as clearly spelled out. Discussion ensued regarding the Special Use Permit currently in place and recommendations from the art district. Jamin Totino disclosed that he currently lives on Beekman Street since 2001. I have lived here during the entire time. At that time there were none of the decorative streetlights on the street, buildings were abandoned. The street was in major disrepair. The Chens were the first ones to start to revitalize the neighborhood. I am supportive of the Arts District but I do not feel we can force this. We have an allowable use here that as the applicant has pointed out. It is not what the applicants have done or not done it is simply what is allowed. We cannot force that. This is what is allowed and not allowed and I am in support of this application. Todd Fabozzi stated he is in agreement with Jamin. Janet Casey stated she is in agreement with Jamin entirely. Jamin Totino made a motion in the matter of the application of 70 Beekman for a Special Use Permit for office and retail uses within the Neighborhood Complementary Use-1 District be approved. Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. Amy Durland stated she is in agreement with Jamin. I am sure the Chens are lovely people but that is not really relevant and shouldn’t affect our decision. The NCU-1 district was established to create an Arts District which is codified in the Comprehensive Plan. We do have the zoning code that they are complying with. I want to do both, support the arts district very much and this letter from Mike Phinney goes into details into possible zoning options and as Mark mentioned the current process the City is undergoing to discuss the amendment of the zoning ordinance based on the Comprehensive Plan. This is the opportunity to get different zoning in this area. What the applicant is requesting is allowed in zoning. Jamin Totino clarified that the NCU-1 district was implemented to try to revitalize Beekman Street which was falling apart. VOTE: Clifford Van Wagner, in favor; Jamin Totino, in favor; Abigail Wolfson, alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman in favor; Janet Casey, in favor MOTION PASSES: 7-0 Mr. Toohey questioned the waiver of 12 parking spaces and the waiver of site plan review. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 16 of 20 Discussion ensued among the Board concerning the availability of parking. Clifford Van Wagner made a motion in matter of the application of 70 Beekman for a waiver of 12 parking spaces as well as a waiver of Site Plan Review. 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; Abigail Wolfson, alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman in favor; Janet Casey, in favor MOTION PASSES: 7-0 10:56 P.M. The Board recessed. 11:01 P.M. The Board reconvened. 7. 17.017.1 STATION LANE MIXED USE DEVELOPMENT, Washington Avenue/Station Lane, consideration Of SEQRA lead agency status and coordinated review within the Transect-5 Neighborhood Center (T-5) District. BACKGROUND: Joint Land Use Board Meeting held on January 26, 2017 primarily to discuss Top Capital and Vecino Group future submission. Two future applications have been discussed with applicants on north side of Station Lane, not yet submitted formally. The area is bounded by Church Street, West Avenue on the east, RR corridor to the west and Washington Street Is identified by City for establishment of a large new neighborhood within the City. The area has a Community Mixed Use Comprehensive Plan Designation which includes areas of moderate density, residential and community supported commercial uses. There areas are characterized by mixed use neighborhoods that are walkable and connected to adjacent residential neighborhoods. Each area includes a variety of neighborhood scale businesses and services that meets the needs of the surrounding community. Mark Torpey, Chairman stated tonight we are here for consideration of SEQRA Lead Agency Status. We had a request from the DRC and ZBA to defer to the Planning Board. Tonight we will have a short presentation and provide some information on the key SEQRA Issues. Agent: Don Minnery, Emily Gardner Saratoga Associates Applicant: Top Capital, Lou Giardino, Tim Foley and Devin Delpos Mr. Minnery provided a visual presentation of the project site for the Boards review. Mr. Minnery spoke regarding the streets, the connectivity and visibility issues in this area. We have met several times with staff and we came up with the issues of importance in the Transect-5 zone. There is a wetland involved. We are looking at access to the wetland for public use. It was suggested we place a building here to energize the corner. We needed to change the primary street from Washington Avenue in terms of traffic is much busier. Because of the slope we could not use it. Also, we were asked to consider giving a right of way to the proposed west side greenbelt. Which we have done. Also, because of the City of Saratoga Springs – Planning Board – April 27, 2017 - Page 17 of 20 clients concern that we meet the Transect-5 zone we had Art DeAnlucci, a planner from Rochester that met with staff and reviewed the plan you just saw and applied the Transect 5 criteria to that. It made for a better plan. Mr. Minnery provided a visual rendering of the proposed project. A 110 room hotel and attached spa, 114 units of senior housing, 72 multifamily residential. Two condominiums with retail on the first floor are also proposed with parking under the building. There is 29,000 square feet of retail, proposed as well as a pool and fitness center. There are a number of intersections throughout the plan. Streets connect to streets. Shallow build to line and minimum frontage which will be along the streets and the main road for the hotel is on Station Lane. Residential projects should contain civic space. There is a lot of opportunity on this site for that. There will be connection to the bike path. Street trees, on street parking will be available. Restaurants will be located in the buildings will be open to the public. We have been asked to connect to the adjacent property which is a housing and retail project. We have turned the layout slightly so it is parallel to Station Lane and parallel to the new project adjacent. Shared parking is an issue and it will be shared with other projects. We currently have a deficit of 30 spaces. That can be made up with the shared parking provision. Clifford Van Wagner disclosed he is the Director of Pharmacy at Wesley, which is a 38 acre campus which includes assisted living and independent living. It is a separate corporation. I have no reason to recuse just a disclosure. Mr. Minnery stated they have appeared before the ZBA and have requested a number of variances, building height, build to requirement, and build out requirements as well. There are a number of sustainable factors in this building. The client is using Ground source heat pumps for heating and cooling the building. Also, for the areas that will absorb storm water we will be using permeable pavers and permeable asphalt. Todd Fabozzi stated the reorientation of the building is good. I am still questioning the way you have changed the access to Washington is better than it was but I am still not sold on the idea that you can’t take the boulevard out straight through to Washington Street. Mr. Fabozzi also questioned the location of the bike path and the question of a larger park area adjacent to the out building and parking. Mr. Minnery stated the location of the bike path is uncertain at this time. Amy Durland stated she has concerned about the number of wetlands not specifically to your property. These are federal wetlands are there any buffers associated with them. Mr. Minnery stated there is a 50 foot buffer in this zone. Amy Durland questioned how do we analyze this and that we are not segmenting the SEQRA analysis. In reviewing the DEC and ACOE wetlands today, it looked to me that they cover about 80% of the property. Not your property per se yours appear to be the driest, but taken together I fell very much as we should be looking at the entire wetland system. It is connected and I do believe it goes to Spring Run. I am concerned as to how this is being approached from an environmental standpoint. I feel we haven’t gotten very far and then a letter we received from Christopher Lapin who said that the soils and groundwater conditions need to be tested as soon as possible to reflect the true seasonal high groundwater during spring at this site. I don’t know it that has been done. In addition to that the existing wetlands and shallow ground water at the site by removing the tree canopy in this area could have serious effects by raising surface and ground water levels to the wetlands and adjacent areas. Because this area is heavy with wetlands I feel we need to do an environmental analysis almost as a first step. I feel we jumped ahead a little too soon. Kate Maynard, Principal Planner, stated this is a very large project on its own let along with the other 3 projects it is a lot to take in. We have had one joint meeting on this project with DRC in January. It has progressed in terms of a formal submission for variances that Mr. Minnery has spoken to. It is before you after both DRC and ZBA have deferred SEQRA Lead Agency Status to you should you choose to accept it. This is really the start. Part I has been provided to you which is based on their project right now. You do have efforts from the last meeting the Boards support to looking at the cumulative impacts as well. We have had a successful meeting with all four parties and they did agree. We spoke about items of interest from the Board as well. We have had a meeting in which Mark Torpey conferenced in as Chair well as Mark Schachtner and Justin and Brad and Susan from staff in terms of what the SEQRA review could look like. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 18 of 20 Justin Grassi counsel for the Land Use Board stated if the Planning Board accepts Lead Agency Status it will be this Boards responsibility to determine what the action is going to be. As far as the action, that is what we will be reviewing in the SEQRA process and that can vary. You have spectrum of options. At one end is the most limited in scope, and you would review just this project as it is submitted on the current EAF. On the opposite end of the spectrum, you would review all four projects together requiring a new EAF submitted that incorporates all of the impacts, and your satisfaction that all information provided to successfully evaluate potential environmental impacts. It will be the Planning Board’s option to determine which end of the spectrum to choose. Lou Giardino stated he would like the Board to know that we do have experience and history and knowledge on navigating through SEQRA along with taking into consideration any projects that either are in plan or even hypothetically could be off into the future. We have engaged traffic engineers, sewer and water engineers, soil engineers to start that process. We are looking for the Board to review the instrumentality of the project so that we can move forward with the studies and present them to someone. If you accept Lead Agency than we can bring those studies to this Board and address them. Our history in approaching projects of this type. Jamin Totino made a motion in the matter of Station Lane Mixed Use Building, Washington Avenue and Station Lane to accept Lead Agency Status. Todd Fabozzi 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; Abigail Wolfson, alternate, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman in favor; Janet Casey, in favor MOTION PASSES: 7-0 Mark Topey, Chairman stated some information needed for the SEQRA review would be traffic information, sanitary sewer, water, stormwater management, the wetlands, trail connection locations and layout. The preservation of civic space or open space locations that have a common thread or connection. Jamin Totino stated the design is problematic for the T-5 Neighborhood Center District zone. The phrase neighborhood center is crucial and it’s a key in how the T-5 District should be thought of. It calls for linkages to adjoining neighborhoods, grid pattern streets, conducive to pedestrian traffic or activity. When I look at this plan, I am concerned that this boulevard is the only active street. The other streets are simply a way to reach the parking. If they were true streets they would have streetlights, street trees and there would be activity other than parking on the sides of them. The design does not provide the pedestrian elements the zoning is calling for in this district. Mr. Minnery stated he believes this will be a very active street. Mr. Giardino stated they are working with the Vecino project. We want to blend our design with his. We do have some flexibility with their building, and explained the building as they have one already built. We have tried to bring the T-5 elements to this project. Todd Fabozzi still voiced concern regarding the streets leading to the parking. City of Saratoga Springs – Planning Board – April 27, 2017 - Page 19 of 20 Amy Durland stated she agrees with Todd and Jamin’s thoughts about circulation. We have seen examples of T-5 and they haven’t met the criteria of the T-5 zone. She also stated she is interested in the significant wetland presence and is requesting to see them mapped and delineated for the entire area. I would like to see it all. Discussion ensued among the Board concerning the wetlands and the delineation. Justin Grassi stated all 4 projects are so close in proximity and progressing forward the Board can look at all 4 projects together or portions of them if they determine the cumulative impacts need to be looked at all at once. This is the Board’s decision and it is appropriate. Mark Torpey, Chairman stated it would be helpful if the Board could walk the site. Having information concerning the delineation of the wetlands across the site would be helpful. Kate Maynard, Principal Planner, City of Saratoga Springs questioned how the Board would like to progress with the review. Look at the Part I and then start the Part II process. Do you want to wait for information which the applicant has agreed to coordinate and have the information in hand. Potentially the Part II items you can begin to look at some of these items. Visualization is another option on how the projects start to fit. Amy Durland stated she feels the conditions of the soils and wetlands are good starting points. I feel that does have significance in the environmental features of the project. Mark Torpey, Chairman stated at the next meeting we will review Part I. Walk through Part II of SEQRA looking at Community Character, wetlands and at that time we can provide more systematic information on what the Board is looking towards at future meetings. Todd Fabozzi stated he would like to see more information concerning the circulation system and the wetland system specifically. APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the May 11, 2017 meeting. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 12:05 A.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/13/17 City of Saratoga Springs – Planning Board – April 27, 2017 - Page 20 of 20