Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, MAY 25, 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; Jamin Totino, Vice Chairman; Bob Bristol; Janet Casey; Amy Durland; Clifford Van Wagner; Todd Fabozzi LATE ARRIVAL: Abigail Wolfson, arrived at 9:45 P.M. STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Justin Grassi, Counsel for the Land Use Boards-exited at 7:45 P.M. Mark Schachner , Counsel for the Land Use Boards- arrived at 7:45 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 THE CHAIR: Mark Torpey, Chairman announced Mayor Yepsen appointed Jamin Totino as the new Vice Chair to the Planning Board. At this time Mark Torpey, Chairman thanked Bob Bristol for his time and expertise in that position over the last several years. 14.010 HARRISON, 135 Meadowbrook Road, final two lot conservation subdivision review in the Rural Residential (RR) District. Formally withdrawn, per written confirmation from applicant’s consultant. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, June 5, 2017 at 4:00 P.M. Planning Board Workshop, Monday, June 5, 2017 at 5:00 P.M. Planning Board Meeting, Thursday, June 8, 2017 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. A. APPLICATIONS UNDER CONSIDERATION: 1. 17.019 RACING CITY BREWING, 250 Excelsior Avenue, Special Use Permit for craft brewery, winery and distillery within the Transect-5 (T-5) district. Mark Torpey, Chairman stated this application was reviewed at the previous Planning Board Meeting. Additional information was requested concerning the use which was provided by the applicant. SEQRA: Action appears to be a Type II action, no further action is required. BACKGROUND: Site formerly housed Fed Ex and has been vacant for some time. Site is within Excelsior Avenue corridor slated for considerable bike, pedestrian, and corridor level improvements in the next couple of years. Increasing number of residences, commercial destinations within the corridor. Proposed use would occupy existing space largely as-is without exterior site or building changes. The applicant is proposing smaller scaled alcohol production with public tasting room, tours and ancillary uses have been growing in popularity across the county and locally. Applicant: Debreen Oliva & Anthony Oliva Mrs. Oliva provided an updated drawing of the proposed site to the Board. The hours of operation being 11am – 11pm, 7 days a week during the summer, scaling back hours and days during the winter. Music was also a concern and as discussed music will be indoors only. We are agreeable to revisiting the Special Use Permit if in the future we would like to propose outdoor music and events. Signage will adhere to zoning requirements we are hoping for a street sign and one on the building where the previous sign was located. Regarding events we are limited in size by our occupancy requirements which is 66 indoors and 30 outside. Also our customers would be welcome to order food and have it delivered for the summer. Once our commercial kitchen is completed we will begin small developing into a full brew pub menu. No public access to the production area. A walking path from the street to the entrance to the building will be provided. We have satisfied all the engineers concerns. The septic has been certified, and the easement has been added to the plans and water consumption information was provided. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Amy Durland questioned if there were any comments from the City Engineer. Kate Maynard, Principal Planner stated the concerns the City Engineer had were concerning the condition and capacity of the existing sanitary sewer system. Mark Torpey, Chairman spoke concerning the definition which states Craft brewery, winery and distillery – A type of brewery, winery or distillery wherein the area of the establishment devoted to the production of malts and liquors shall not exceed twenty thousand (20,000) square feet. The establishment shall include a tasting room and may also include ancillary office, retail, eating and drinking establishment or event facility components in addition to the area devoted to production of malts and liquors. We are pursuing to establish a definition is to satisfy the form based zoning requirements in the Transect zones. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 2 of 22 Kate Maynard, Principal Planner, City of Saratoga Springs stated if this definition is acceptable it could tie into the UDO. Mark Torpey, Chairman stated 30 parking spaces are required and with the layout proposed the applicant has sufficient parking available. Amy Durland questioned the proposed walkway the applicants are proposing and noted more development is scheduled in this area does it all tie in. Kate Maynard, Principal Planner, City of Saratoga Springs stated this was reviewed at caravan. Information was provided concerning Excelsior Avenue and Ormondy Lane. The Excelsior Park project did provide sidewalks on the other side of the street and these are continuous. Todd Fabozzi suggested the applicants not be so specific concerning only acoustic music. A decibel level is probably the way to go. Discussion ensued among the Board concerning the music and possible restrictions. Mark Torpey, Chairman reviewed the terms of the Special Use Permit: -Hours of operation 11AM – 11PM maximum with some variations on the weekends and during track season. -Music indoors only. -Signage handled by DRC through Architectural Review. -Indoor seating is 66; outdoor seating is 33 – total of 99. -Staging in terms of food operation should be completed in 18 months. -No public access to the production area. -Providing a walkway from Excelsior Avenue to the facility. -Approval contingent on the City Engineer’s approval for septic and sewer. -Square footage based upon the design listed on the plans. -Parking 35 spaces provided. -Waiver from site plan. Janet Casey made a motion in the matter of the of Racing City Brewing, 250 Excelsior Avenue, Special Use Permit application that the application be approved with the conditions as noted by the Chair. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. Discussion ensued among the Board concerning provision of food at the site at present. VOTE: Clifford Van Wagner, in favor; Bob Bristol, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated on the waiver of site plan. Again, this is an existing facility, no change in square footage, less intense vehicular use. Clifford Van Wagner made a motion in the matter of the Racing City Brewing, 250 Excelsior Avenue waiver of site plan application be approved. Janet Casey seconded the motion. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 3 of 22 Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Clifford Van Wagner, in favor; Bob Bristol, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor MOTION PASSES: 7-0 2. 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. 3. 17.031 SHELTERS OF SARATOGA (CODE BLUE), 14 Walworth Street, Site Plan for neighborhood rooming House within the Urban Residential (TRB) District. BACKGROUND: SOS has current facility at 14 Walworth Street which serves 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 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. Mark Torpey, Chairman stated we have seen several presentations on the project. A community workshop was held on May 18, 2017, which was well attended. This evening the applicant’s agent will review the questions which arose and provide some answers. Also we will provide an opportunity for public comments, the Board will review their questions and SEQRA review is also required. Several items stood out – the Advisory Council how does it have teeth, and the ability to reflect the neighbors needs. The Zoning Board of Appeals had seen this project and issued a number of variances for the project. Also the zoning officer has identified his interpretation of the rooming house definition. Justin Grassi spoke stating the determination by the ZBA and also the written analysis of Steve Shaw and how he arrived at that determination are not under the purview of the Planning Board. The zoning officer reviewed the application and determined what portions of the project were in compliance with zoning and what ones were not in compliance with zoning. Mark Torpey, Chairman stated this determination was made and verbally implied. Kate Maynard, Principal Planner, City of Saratoga Springs stated a request was made to have this in writing which has been complied with along with how he arrived at this determination. Amy Durland questioned if the Planning Board has the ability to review this documentation as part of our discussion. Justin Grassi, Attorney for the Land Use Boards stated the determination which was made would have to be appealed according to the appropriate measures to the ZBA if there was a disagreement with that determination. Justin Grassi stated the Planning Board does not have the authority to appeal or interpret zoning. The Planning City of Saratoga Springs – Planning Board – May 25, 2017 - Page 4 of 22 Board relies on the recommendations and ruling of the zoning enforcement officer. The Planning Board applies the Special Use Permit criteria and site plan review criteria to the Neighborhood Rooming House use. Mark Torpey, Chairman spoke regarding uses in this district. Jamin Totino, Vice Chairman questioned the issues which were brought forward from Braymer Law, PLLC who is representing some of the neighbors. I am looking for counsel’s opinion on if there are any issues brought up in the letter the Board should be reviewing. Justin Grassi, Attorney for the Land Use Boards stated he briefly reviewed the letter and one area of concern was noted one principal building on one lot. The Planning Board in multi-family residential districts can permit more than one principal building on one lot. Kate Maynard, Principal Planner stated, the applicant did receive a number of variances. The most important variance to for the Planning Boards purpose is the cumulative coverage on the lot. This is a UR-4 District where more than one principal building is allowed on a lot with Planning Board approval. Within site plan review that is where this would be discussed and considered. Mark Torpey, Chairman noted this information is on the City’s website for the public review. Kate Maynard, Principal Planner, City of Saratoga Springs stated correspondence, emails and letters which were submitted to the Planning Board are on the web as well. Applicant: Shelters of Saratoga, Mike Finocchi Agent: Mike Ingersoll, Matt Brobston, LA Group; Brett Balzer, Balzer Tuck Architecture; Libby Coreno, Attorney; Sonny Bonacio, Builder; Representatives from Shelters of Saratoga and Code Blue Mr. Ingersoll reviewed the project for the Board with an aerial view and visual presentation noting the site. Site plan was reviewed noting the proposed addition and the request for consolidation of the parcels. The rooming house is a seasonal use not a year around facility. Mr. Ingersoll reviewed the floor plan of the proposed project noting the ingress and egress from the property. In the rear of the site a 6 ft high privacy fence is proposed. There is no access to the facility from Marvin Alley. Mr. Ingersoll stated several encroachments on the property have been rectified. Only one driveway entrance to the site. The non paved surface will be paved for fire protection, and utilities. A review of all elevations was reviewed for the Board. A meeting was conducted last week noting all the community concerns. That has also been submitted and is on the web. Documents were provided to the Board noting that the applicant is reducing their application by 20%. The new proposal is from 61 to 50. This is a new proposal hoping this alleviates some of the neighbors concerns. This meets the documented usage, reduces over concentration, foot traffic, and density. This makes it more manageable and rely less on volunteers, staffing and cost. We have offered and we think it is a good idea to put forth an Advisory Council for the Neighborhood. Jamin Totino, Vice Chairman questioned a statistic in the growth in the past four years in overnight stays from 928 to 5,815. What has created that trend? Mike Finocchi, stated concerning the increase in numbers you have to take into account the Executive Order #151 which took effect last year. It is all weather dependent. The spike over the last two years is directly due to the Executive Order. Ms. Libby Coreno, Attorney, assisting as counsel for the project. Associated with Carter, Conboy in Saratoga. Today we were able to circulate in draft form to the City Council the Neighborhood Advisory Draft. In spirit and intent, it is meant to draw together stake holders the community including the neighbors, members of our team, members of the police department, to begin to have conversations about incidences, monitoring and solutions. At this time our Council is City of Saratoga Springs – Planning Board – May 25, 2017 - Page 5 of 22 made up of 9 members – 2 Executive Directors both of Shelters of Saratoga and Code Blue, Two of Shelters Board members, an outreach coordinator, a police department designee, 3 members of the neighborhood with neighborhood to be defined. We are proposing meeting four times annually, meetings open to the public and providing an annual report each April to the City Council and the Planning Board. The reason this was sent to the City Council because we are asking City Council for a resolution, providing us something to abide by at the Legislative Level. This is a step above and demonstrating compliance annually to the satisfaction of the bodies that regulate us. That is our spirit and intent. We hope to begin this process with the City Council over the summer. The format of the Neighborhood meeting was to gather as many questions as possible from the audience that attended. We provided a questionnaire which was handed out at the meeting. We have provided to the Board questions which arose at the meeting as well as our responses. Some questions were just in process and procedures, safety and what our current usage is, and rules and regulations for admittance. There were questions related to the City Police Department’s role. Chief Vietch is here this evening to speak if there are questions on police matters. Ms. Coreno reviewed the criteria for a Special Use Permits under Section 7.13 of the City’s Ordinance and how it relates to this Neighborhood Rooming House, noting that this is a November through April use. The neighborhood is residential; there is a school, light industrial, and apartment buildings within close proximity. The Shelters of Saratoga has existed and operated at this site for decades. Our applicant is a fixture in the neighborhood and community. A Memorandum of Understanding was entered into with neighbors who have suggested some mitigation with respect to making the site safe and secure. Also, the MOU that we propose be part of the Planning Boards decision. The MOU states how we intend to use the site, as stated solely for that purpose in accordance with Executive Order 151. We have created safe ingress and egress to the site; by reducing curb cuts have been part of the application. This is the first time Code Blue will be able to control the site. In the past Code Blue has been a guest. A significant benefit is, we demonstrate and have the ability for site control. The site complies with zoning regulations concerning parking. This is a nonprofit organization. We have had long term viability on the site. A list of conditions for the Special Use Permit was reviewed. Ms. Coreno also reviewed alternatives to the site. Review the site not the population. Todd Fabozzi questioned the location being accessible to downtown, why is this advantage/benefit. Ms. Coreno stated the accessibility to downtown is beneficial because so many of our population travel on foot to our location. Sites that are in the outer district do not serve the population that exist in our community itself. Amy Durland questioned the MOU and the Neighborhood Advisory Committee. Ms. Coreno stated when this project was first proposed on February 27, 2017 there were certain concerned neighbors that came forward. The neighbors who we spoke with came forward and over time the concern about the project as we move forward and evolved into the Community meeting held on May 18, 2017. Amy Durland questioned if the MOU has any legal weight and how does that square from the Neighborhood Advisory Committee. Ms. Coreno stated when we spoke about the MOU we addressed some items which relate to the site, but over time those were not the only issues. Other issues evolved. The MOU does have force and effect and we will abide by it. Ms. Coreno also spoke concerning the Neighborhood Advisory Committee and how that will work in conjunction with Code Blue. Todd Fabozzi questioned if there is an example on how the Advisory Council may work regarding an issue and the public wants to engage in between meetings, how is that handled. Ms. Coreno read from the Monitoring, Inquiries and Complaints from the MOU. The NAC will be responsible for working together in between its meetings to address exigent issues which result from an inquiry, incident or complaint. As necessary, the NAC will triage issues and determine the best resources available to address the issue and report back to the interested parties. In light of the neighborhood monitoring Shelters has committed to undertake during a Code Blue City of Saratoga Springs – Planning Board – May 25, 2017 - Page 6 of 22 Alert, the NAC will be tasked with the required response to any unforeseen situations that may arise in the neighborhood. In the event the NAC determines that its notification list should receive the information, it will authorize the dissemination of the email with the appropriate information or alert which shall also include steps being taken to remediate the situation. The NAC shall receive its own email address on the Shelters’ network and it shall be checked daily by Shelters/Code Blue staff so that appropriate email inquiries or complaints are immediately disseminated to the NAC for review and action. Jamin Totino, Vice Chairman encouraged the applicant with regard to the definition of neighborhood, questioned the 250 foot radius and I would encourage you to expand the radius, impact around the school, and the neighborhood. I applaud the idea for a City Council resolution however, I am concerned that the City Council appoint the neighbors to the Council, it strikes me as politicizing something that is supposed to be a service. Janet Casey stated she also was concerned about the idea of the City Council appointing the members of the Advisory Council. I prefer to leave that to the discretion of the main members of the group and the council itself. Mark Torpey, Chairman stated after reviewing the Executive Order it will require many shelters throughout the County. It speaks to me that other towns within the county are going to have to step up and do something similar in terms of Code Blue facilities in order to be compliant. The notion that Saratoga is the only Code Blue Shelter in the county and will service the entire county’s needs I do not get that interpretation when reading the Executive Order. Is there any other information in terms of that interpretation? Mark Schachner stated there is no other information available, but by the very nature of Homeless shelters they tend not to be attracting people from a widespread geographical area. There is a transportation accessibility limitation. There is a strong spirit of encouragement for other communities to develop similar facilities. The City does have specified need if you will, and there has been albeit at a different location, a facility to serve this particular need. Jamin Totino stated in reviewing the data provided by Code Blue for 2016-2017 there have been only 10 people who have been outside this community. Mark Torpey, Chairman stated he has been doing some research on the homeless in nearby counties, it does seem the other surrounding towns are going to have to step up and do something as well. We may be the first to do it. One of the things we are going to have to do as a Board is look at the Comprehensive Plan and the compatibility. Even some of the letters we received address Section 3.4-55 in the Comp Plan states assist at risk persons with housing needs – a. provide adequate temporary shelters for homeless and at risk population. The key work is temporary. We are looking at a permanent shelter. I believe the Comp Plan is looking for temporary support for the group. Janet Casey stated perhaps what Mark Torpey, Chairman is trying to emphasize the temporary nature of this and not the permanency of the shelter. Clifford Van Wagner stated he believes the Comp Plan was written that way to allow for some flexibility. It is meant to frame what the City is allowed to do. Mark Schachner spoke regarding does a temporary shelter mean a tent as opposed to a structure. That would not be how that phrase would be interpreted or envisioned in the Comp Plan. Amy Durland questioned the provision that staff would monitor the neighborhood on an hourly basis. How does that happen while still maintain appropriate staffing levels. Mr. Finocchi stated SOS currently does hourly perimeter checks. Now with Code Blue we will stagger the hours. An employee and volunteer will typically check every hour. This is largely precautionary. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 7 of 22 Clifford Van Wagner stated the statement made SOS did not cause this problem resonated with him. I have observed homeless my entire life here in Saratoga. The fact is Code Blue is trying to provide a solution. Mark Torpey, Chairman stated we will now open the public comment period. The public hearing was opened and remains open. Chief Greg Vietch, Saratoga Springs Police Department. The Chief stated he is not here this evening advocating for or against this application. Amy Durland questioned what is the practice for the Department to follow in this neighborhood area. Is it precautionary? or have you needed to intervene. Chief Vietch stated concerning the Shelters of Saratoga and Code Blue we have responded to the site just as every other location in the City. There have been concerns in each place and I have met with staff at each site. Code Blue and Shelters of Saratoga are not a priority for the police to have to dedicate specific manpower to. We understand the concerns of the community. When they call we respond. Mark Torpey, Chairman questioned if there would be manpower allocated to attend Board meetings. Chief Vietch stated it would not be an issue; they have and do meet with other groups in the City. Mark Torpey, Chairman questioned the Chief concerning the clarity of what is reportable. When and if they should call the police. Chief Vietch stated anytime you feel the need to call the police, call the police and they will respond. If you are questioning calling the police you should call the police, allow them to respond and assess the situation. When in doubt, call. Jamin Totino questioned what would the police respond to this location for violence or disruptive behavior. How frequent is this? Chief Vietch stated there may have been approximately 20 at Code Blue. There has not been much violence outside of their own interpersonal groups. We are far more concerned with issues on Caroline Street, domestic violence and DWI’s than Code Blue issues. Todd Fabozzi questioned property crimes in the area? Chief Vietch stated there were instances of minor vandalism probably a handful, probably four or five. Mark Torpey, Chairman stated we have a presentation by the Pringles. It is also provided on the web. Mr. Pringle, provided to the Board along with a group of concerned neighbors who also have retained an attorney for any legal issues which may come up. This presentation reviews the criteria for Special Use Permit and the reasoning for opposition of Code Blue in this residential neighborhood. Claudia Braymer, Attorney for 10 individual neighbors. Ms. Braymer spoke concerning the district regarding the zoning. What is being proposed is more like a hotel and hotels are not allowed in this zoning district. I request that you deny this application on that basis alone. It is not compatible with the neighborhood. Property values will be lowered in this area. Please keep the public hearing open. Adverse potential impact on community character. Alison Rollsback, 118 Washington Street. I support Code Blue’s mission, but oppose the facility on Walworth Street. I do not feel safe in my neighborhood. There is no study on the impact on the neighborhood. This will have a negative impact on the neighborhood. Statistics were provided concerning homeless and mental illness, substance abuse and City of Saratoga Springs – Planning Board – May 25, 2017 - Page 8 of 22 increase in conflict and violence. MOU is between two neighbors not the community. Please consider before voting on this application. David Rollsback, 118 Washington Street. Ditto what my wife stated. Steve Hovey, Elm Street. I spoke at the first meeting. The concerns have increased. Advisory Panel is a great idea. We need this facility in Saratoga. The SOS site is the perfect site for it. We have lived here for two years and I have never had a problem. Safety and security concern is a non issue. This is not a year around facility. Cheryl Savage, does not live in the neighborhood, but my friend does. This is a great neighborhood. I have lived in Guilderland and did reside in your shelter. Increasing this number does not seem to be a very good idea. Mick Guttoso, live on the corner of Beekman and Cherry Street. He has had items stolen from his property. Safety issues. It is unsafe. Police are slow in responding. Maureen Curtin, 125 Grand Avenue, I live 235 ft from the facility. She spoke concerning the population ratio from the City of Saratoga Springs and the County of Saratoga. This will change the community character, and is not in harmony with the Comprehensive Plan. Deny the Special Use Permit for this proposal. Matthew Dixon, 25 Franklin Street. I adamantly oppose this project going forward. There has been a distinct lack of communication from the get go. Kiera Pringle, 39 Franklin Street. The back of my house is on Marvin Alley. I work downtown and I am not allowed to walk home alone at night because of what has been going on in Marvin Alley such as drug deals. Vandalism occurs. Not the safest area. This is one of my concerns. Muriel Contompasis, 129 Grand Avenue. On our walk to this meeting 2 police cars were there. I am new to this area. We cycle, we kayak, we are local to the area and we love it. Shelters of Saratoga are fine, what scares me is the Special Use Permit. It seems like we are losing site of what is going to be landing in our area. People who need help and who are out in the streets. Tony Mangano, Volunteers at Code Blue for 4 years. Currently a six month member of the Shelters of Saratoga Board. Also in the past was the Assistant Director of Saratoga County Mental Health. The last statement consider the population, that is what bothers me. There are a lot of assumptions that the thefts, criminal activity are done by the homeless. He spoke about the homeless, and the young man who recently died in the lake. He was a guest of shelters he was kind, quiet and a loner. Beth DellaRocco, 124 Beekman Street. Against increasing the density and intensity. Too much for this small neighborhood. There is not enough information and is not thoroughly investigated. Deny this until it has been appropriately researched and appropriate neighborhood and community input. Mary Beth Labate, Church Street. I am interested in the financial aspect. Who will maintain the properties and provide the funding to maintain the services. Colleen Morgan, 7 Dublin Square Lane. I am here as a concerned neighbor and also as a community psychiatric nurse practitioner with expertise in working with this underserved and at risk population. It would be a major mistake to mix the populations and individuals served at SOS with those served at Code Blue. The individuals are vastly different. Inconsistent and incompatible with the neighborhood. Kyle Bentley, 7 Dublin Square. Saratoga Shelters is great. Code Blue is great. I do not think it is appropriate for our neighborhood. This area is overly populated with homeless. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 9 of 22 Leslie Mills, I do not live in this neighborhood. We live two blocks from the homeless shelter. We have had no problems or issues with the Code Blue Shelter. Tom Dillon, 31 Franklin Street. There is no one in this room who is not in favor of Code Blue and Shelters of Saratoga. We are opposed to the location of the project. Young people are buying homes and renovating homes and this will stop. There is a situation here. It has been flying below the radar. Cecilia Dillon, 31 Franklin Street. We were not made aware of this early on in the process. Proposed site being made based on the fact that Shelters works and operates there. I am opposed to the project. Negative character to this neighborhood. Angela Pringle, I would like to register my opposition to this proposal. Todd Shimkus, Saratoga County Chamber of Commerce. There are two separate but related issues. You have to deal with the land use issue. The community needs to deal with the human and social issue. It is the city and the county private and public to see how to help the people that need these services. We look forward to helping deal with these issues. Lucy Totino, Beekman Street. I totally understand all the concerns and the issues with the location. Living on Beekman Street we have seen people who sleep over on Railroad Run and Elm Street. We have had bikes stolen. This is disconcerting, but what is more disconcerting is people freezing to death or drowning. That is far more disturbing and it is important to provide a safe place for these people. PUBLIC HEARING: Mark Torpey, Chairman closed the public hearing at 9:39 P.M. Mark Torpey, Chairman asked if Ms. Coreno could provide information on the sustainability of the project. Ms. Coreno stated the funding explanation is provided in the question and answers pages submitted. A portion of expenses are directly reimbursable by the state for costs incurred providing services required by the Executive Order. Additional expenses are covered by fund raisers, grants and in kind donations. From a variety of non profits. Ms. Coreno stated we are overseen by the state. Programs are reviewed and regulated by the state separate and apart from local regulations. Mark Torpey, Chairman stated we do need to look at SEQRA. Several items in Part I need to be updated. The Board reviewed Part I of the SEQRA form provided by the applicant. The Board provided input and guidance for the items to be revised. Mark Torpey, Chairman questioned the Board regarding Part II of the SEQRA form and deferring review to the next meeting. It was the consensus of the Board to defer review to the next Planning Board Meeting. Bob Bristol stated he heard a lot of information this evening and he would like to investigate considerably before he proceeds to the next level of decision making. Mark Torpey, Chairman thanked everyone for their opinions. We will pick up at our next meeting to focus on SEQRA which is the first review for this process to continue. The Board recessed at 9:46 P.M. Clifford Van Wagner exited the meeting at 9:46 P.M. Abigail Wolfson arrived at 9:46 P.M. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 10 of 22 Mark Schachner exited the meeting at 9:46 P.M. Justin Grassi arrived at 9:46 P.M. The Board reconvened at 9:55 P.M. 4. 06.015.5 JEFFERSON STREET TOWNHOUSES, 124 Jefferson Street, Site plan modification within the UR-2 District. SEQRA: Action appears to be a Type II action, no further environmental review is required. BACKGROUND: -Use variance to convert senior housing to multi-family housing approved December 19, 2016. The applicant has requested a use variance for multi-family with the public benefit of providing a portion of the proceeds of sale (10% or $20,000 totaling $120,000) to Senior Citizens Center to fund the Community Connections program. -City Council failed to consider the petition for a zoning map amendment from UR-2 TO UR-4A on May 15, 2012. -Planning Board unfavorable advisory opinion issued to the City Council for the proposed zoning map amendment, April 25, 2012. -Special use permit “for up to six senior housing units” issued January 13, 2005. -Site plan approval granted May 12, 2010. Agent: Michael Toohey, Attorney; Bill Hennessey; Engineer Mr. Toohey provided some background on this project for the Board. This project was approved in 2005. The builder at that time could not obtain financing. Charles Toohey from Albany, a developer who had built other project in the area stepped in. As built drawings were approved by the City as well as certificates of occupancy for all units. What they found is that they could not sell one of these units as senior housing because of the configuration of the units. We appeared before the ZBA obtained a use variance which allowed us to do away with the criterion for senior housing. As a balance for that we agreed to pay 10% of the sale price of the each unit, a minimum of $20,000, totaling $120,000 to the Senior Center to fund the “Community Connections” program. The buildings exist as the as site plan and the as built drawings noted. Certificates of Occupancy stated these units were built in accordance with all the plans and approvals which were given. Mark Torpey, Chairman stated at the workshop on Monday a few questions arose. Are the existing as builts consistent with the final drawings on file? Bill Hennessey, Engineer, stated it is not entirely consistent but substantially consistent. Mark Torpey, Chairman questioned if Tim Wales, City Engineer has any issues with this. One of the issues which did come up was if the site is ADA compliant. Mr. Toohey stated it was fine when the final plans were signed and the Certificate of Occupancies were issued. There is literally nothing new. Kate Maynard, Principal Planner stated the Board requested more information on this item. In terms of the original approval and where it has gone since then and how it’s being modified. When this was before the Board it was approved for up to 6 senior housing units. There is a density bonus associated with that. That allowed for the applicant at the time to enjoy a benefit in exchange for the public benefit of senior housing to be provided for. There were some items that led to the applicant over years when Mr. Charles Toohey took over such items as the 2 story nature of the units and other physical aspects in the programming to them became difficult. They could not sell the units with the senior provision in mind. One thing to note as well was at that time 62+ was considered a senior. It actually became City of Saratoga Springs – Planning Board – May 25, 2017 - Page 11 of 22 a broader definition and the City adopted the federal guidelines which are 55+ years. In conversations with the applicant we spoke about an exchange in public benefit and we considered looking at affordable housing. The applicant did consider a zoning map amendment which failed. It is now proposed as multi-family 6 unit condominium project. Jamin Totino stated he just received an email from the City Engineer noting the small paver area additions to the rear of the property would not significantly affect site drainage. The “record drawing” submitted with the application does not meet City Standards for as-built drawings. Mark Torpey, Chairman stated there are no major issues. Kate Maynard, Principal Planner, City of Saratoga Springs spoke concerning the offering plan submitted to the Attorney General’s Office. It is a contract which was between the applicant and the senior center and how those monies would be provided. I have a copy of the offering plan and will provide such to the Board. Amy Durland stated it is fine with her to stipulate in the motion as Mr. Toohey suggested the percentage of what is being provided to the Senior Center. Mark Torpey, Chairman questioned if the Board was in agreement with the ADA compliance of the site. Justin Grassi, Attorney to the Land Use Boards stated we are getting a second chance to review the site plan here. Obviously our hands are tied with regard to the 55+ and older. Now we are looking at site specific concerns which were already granted. If there is new information concerning ADA compliance with regard to the site and parking the Board can review that. Amy Durland questioned if the street trees along the property frontage meet the City requirements. Mr. Toohey stated the street trees are in place per the City’s guidelines. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Mark Torpey, Chairman asked if there was a motion in the matter of the Jefferson Street Townhouses, 124 Jefferson that site plan modification with the condition proceeds of the sale of these 6 units will either be 10% or $20,000 per unit whichever is higher to the Senior Citizen Center, Community Connections Program. Lois Celeste, Executive Director of the Senior Center. We have a program “Community Connection” program that is aimed at seniors aging in place. This is an amazing opportunity for the Senior Center. Bob Bristol disclosed that he is a member of the Senior Citizen Center. Jamin Totino made a motion in the matter of the Jefferson Street Townhouses, 124 Jefferson Street site plan modification be approved with the condition as noted by the Chair. Amy Durland seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman; in favor; Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; City of Saratoga Springs – Planning Board – May 25, 2017 - Page 12 of 22  Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor MOTION PASSES: 7-0 5. 17.023 PLAZA 15 SELF STORAGE FACILITY EXPANSION, Gick Road, Special Use Permit for 7,000 square feet Self storage facility expansion within the T-4 District. 6. 17.024 PLAZA 15 SELF STORAGE FACILITY EXPANSION, Gick Road, Site Plan review for 7,000 square feet self storage facility expansion within the T-4 District. SEQRA: SEQRA Negative Declaration issued January 12, 2017 by the Planning Board. BACKGROUND: 70,000 square foot two-story self storage building proposed as an expansion to an existing self storage facility site proximate. The ZBA has approved required variances. DRC Architectural Review is also required. Mark Torpey, Chairman stated at the workshop the Board spoke about providing some screening and buffering to the neighbors which the Board would like to discuss further with the applicant. Applicant: Plaza 15 Storage, LLC, Ben Aronsen Agent: Michael Toohey, Attorney; Brien Ragone, EDP; Mark Mulroney, Creighton Manning Mr. Toohey stated the site is an industrial commercial site. He provided the Board with a visual presentation of the proposed site located in the Transect 4 zone north of the arterial. It is a developed site. We are seeking a Special Use Permit and Site Plan Review to allow the construction of a climate controlled 70,000 square foot two story building on the site for self storage purposes as well as a small 400 square foot office. Significant storage currently exists on the site but it is not climate controlled. All access to the site is with internal roads. Mr. Toohey stated the site is 3.2 acres along Plaza Road, east of the existing self storage. The property is located in a T-4 zone and all proposed development in this zone requires a Special Use Permit. A visual presentation of the site notes multiple easements that cross the property which necessitates variances. National Grid easement bisects the property, and a water main easement owned by the City of Saratoga Springs which runs along the entire border of the property line and a Saratoga County sewer easement which also runs from the northern to the western edge of the property line and an additional water main easement which runs along the southern property lines for the adjacent properties and a sanitary sewer easement along the southwestern portion of the site for the adjacent properties. The proposed 1.65 acre site is the only place it can be placed on the site due to the forever wild area on the site. This fully treed buffer will remain. The roadway is in the Town of Wilton. Mr. Toohey reviewed the Criteria for Special Use Permit and how the use is consistent with what is in the area. The proposed use is a passive use. There are only two employees on the site with more than ample parking. Down facing lighting will be on the building for security purposes only. Buffering along the property line to the west will be to the neighbor’s satisfaction. Mr. Ragone reviewed the site noting the location of the easements on the property and the restrictions imposed on the building siting due to these easements. The only people who can control the easements are the people who maintain them. Discussion ensued concerning the maintenance of the easements. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 13 of 22 Mark Torpey, Chairman questioned the HVAC equipment location and noise mitigation buffering. Mr. Ragone stated he does not have the information on the AC units. Mark Torpey, Chairman stated he would like some information concerning buffering of the sound from these units for the neighbors. Mr. Ragone stated in conversation with Mr. Aronsen he stated the units will be the most highly efficient units available. Mr. Ragone stated these new units are quiet. We will investigate this further and advise. Mark Torpey, Chairman also questioned the screening of materials regarding what is being stored in these units. What is the process concerning what is allowed to be stored in these units? Mr. Ragone stated in conversation with Mr. Aronsen stated no chemicals will be stored in the facility. There are rules on what is allowable in the storage units. Mark Torpey, Chairman stated it would be helpful if it was noted on the plans the allowable items for storage. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 10:35 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Cally Angel & Peter Church, 3 Gick Away. I am a nearby property owner. We are concerned regarding the lighting on the road that comes right in the kitchen window. It is a large sodium light. There is a chain link fence on the property line and the fence is in disrepair. The new building will be seen from our property. If possible we would like a 6-8 foot tall fence for privacy. Otherwise this will dramatically change our property. Mr. Toohey stated the driveway entrance is in the Town of Wilton. Discussion ensued among the Board and public concerning the fencing. Kate Maynard, Principal Planner stated this fence is in the Town of Wilton. Also the existing street light on the corner of the entrance also could belong to the Town of Wilton. Mr. Toohey stated the light is the entrance to the commercial site. You want to keep this intersection well lit. Justin Grassi, Attorney for the land use boards stated the existing street light on the corner could also belong to the Town of Wilton. Mark Torpey, Chairman asked if there were any further questions or comments or concerns. Amy Durland stated this is not close to what was conceived as the T-4 Urban Neighborhood District, citing what the intent of the zoning for this district was. She understands the constraints now involving the development of this property. This shows when people start chipping away from what was is intended in the zoning ordinance it’s impossible to go back to what was originally intended. I am not going to support this 70,000 square foot 2 story storage project which repudiates the basic purpose of the T-4 zone in this area. Which I believe was supposed to be an extension of the feel of the neighborhood which existed there already, so I am voting against it. Mr. Toohey stated a portion of this project existed before anyone even knew what a Transect zone was. This was predetermined before new layering came into effect. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 14 of 22 Kate Maynard, Principal Planner, City of Saratoga Springs stated Tim Wales did weight on the applications. Regarding the Special Use Permit no comment other than projected water usage is needed for DPW Water Connection Form. Also comments on plan for engineer. Need a letter of credit estimate. SWPPP must contain requirement for yearly Post Construction Stormwater Management Practice Inspections submitted to the City Engineer. Construction entrance must be moved to second entrance to avoid the City 20” water main. Mr. Ragone stated they have no problems with complying with any of the City Engineers comments. Mark Torpey, Chairman stated he agrees with Amy. He will vote in favor of the project but he has the same concerns he noted in SEQRA. When the controlled warehouse is put in place, is there a way you can design it so that other potential uses would be feasible if that should not work out down the road. At least try to somehow try to get back to a mixed use feel. Mr. Toohey spoke concerning the possibility of what Mark Torpey was suggesting. Mark Mulroney, Creighton Manning stated per their calculation and the square footage of the space we anticipate 5-6 trips during the AM peak hours. Very low generator. If this were to be converted to office space you are now speaking about 110 trips in the morning and afternoon peak hours for a sense of scale. Mark Torpey, Chairman stated in terms of the Special Use Permit we spoke about maintaining a buffer to the neighbors to the west to the extent that you have control over. The other areas will remain forever wild which will be deed restricted. Down lighting throughout the facility on all sides of the building. Sound proofing of the air handling units. Listing of types of materials allowed to be stored in the storage space. Also the 6-8 foot fence which is in Wilton on the property line. Applicant will investigate and repair or replace current fencing on 3 Gick Way property line. Bob Bristol made a motion in the matter of the application of the Plaza 15 Self Storage Facility Expansion, Gick Road Special Use Permit be approved with the conditions as noted by the Chair. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. Jamin Totino, Vice Chairman stated he is also going to oppose this Special Use Permit as well. We have another project on the table which is in a similar district and we are holding them to the zoning standards. VOTE: Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, opposed; Jamin Totino, Vice Chairman; opposed MOTION PASSES: 5-2 Mark Torpey, Chairman stated moving on to Site Plan Review. We spoke about hours of operation 24 hour access with a key fob, office hours 9 AM – 5 PM; two employees on site; 400 square feet for office space; deed restriction to be noted on the site plan, materials allowed within the storage units as well. Janet Casey made a motion in the matter of the Plaza 15 Self Storage Facility Expansion, Gick Road, that the Site Plan be approved with the conditions as noted by the Chair. Abigail Wolfson, alternate seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 15 of 22 VOTE: Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; Jamin Totino, Vice Chairman; in favor MOTION PASSES: 7-0 7. 17.018 SAMES MIXED USE BUILDING, 20 Bowman Street, Site Plan review for mixed use building within the Tourist Related Business (TRB) District. SEQRA: Unlisted action. Negative Declaration issued on January 26, 2017. BACKGROUND: Special Use Permit for one residential unit on the 2nd floor granted on January 26, 2017. Site plan review is required for the second floor residential use and eating and drinking proposed use on the first floor. The ZBA granted an area variance for setbacks to the proposed 2nd floor addition on October 24, 2016. The ZBA in its resolution recommended that the Planning Board consider proper placement of patio if outdoor dining and entertainment is contemplated. Mark Torpey, Chairman stated the City Engineer had questioned if the applicant if was comfortable with the comments from Chazen. Applicant: Matt Sames Agent: Mike Toohey, Attorney; James Easton MJ Engineering and Land Surveying, P.C. Mr. Toohey stated the Board chair has described this project. We have obtained our area variances and Special Use Permit. This evening we are seeking Site Plan Approval for the site, location and utilization. Jamie Easton, MJ Engineering stated the plans were submitted. Comments from the City Engineer received this evening were to pick up the plans. SWPPP incorrectly indicates weekly inspections not required. Mr. Easton noted the focal point of the building is the front façade. We want the door on the side for ease in entering and exiting the building from the parking lot. Street trees do appear on the site plan; we are proposing one dwarf tree due to the power lines. Landscaping plans were provided. Street light is currently provided. A bike rack is also provided. Mark Torpey, Chairman questioned the applicant as to ADA compliance with the ramps on the site and have bicycle racks added to the site. Also the driveway was reduced to 22 feet was that to minimize the impervious surface. Kate Maynard, Principal Planner stated yes whenever we see an area that is larger than required we put this question to the Board for their consideration. Mark Torpey, Chairman questioned why the applicant kept the driveway at 24 feet. Mr. Easton stated the driveway was kept at 24 feet due to turning radius requirements for trash removal. Mark Torpey, Chairman questioned the possibility of porous pavement to compensate for that. Mr. Easton stated they are using underground infiltration. This acts as porous pavement. The only difference is it will be going into an underground array system to treat it. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 16 of 22 PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 11:08 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this project. James Walsh, attorney for the Ed Miller and JoAnn Foresta. My clients own the property at 13 Bowman Street. They have an 8 stall horse barn, which is utilized in the summer to house horses. Photographs were provided to the Board noting the trees, which act as a sound barrier, and help insulate the horses from the noise. Mr. Walsh stated the Horseshoe does have live bands in the summer ending at 11:00 PM. They are not opened during the winter and during the week they shut down at 9:00 PM. The hours of operation are curtailed. The Mexican Connection is open until 10:00 PM on the weekends and 9:00 PM during the week. Blue Agave hours are reduced. My clients operate a stable across the street. My clients have concerns about the operation of their stable and this operation across the street and what effects it will have on their animals. My clients want to be reasonable, noting reasonable hours of operation, control of light pollution on their property, noise and no tree removal on the site. Also, there are currently issues with drainage in that area. Mr. Toohey stated his client does not yet own the property; however the stormwater issue will be managed with the new building on the site. The Horseshoe Bar is the loudest bar in Saratoga. Nothing my client will do at this site will add to the ambient noise. Photometric studies have been provided to the Board. 24” tree noted on the plans will not be removed. Other trees on the site are noted on the plans. Mr. Easton reviewed the trees on the property and those which will remain. On the property line the trees can remain, or a new fence can be installed. Mark Torpey, Chairman asked the hours of operation. Also could the outside seating close at 11:00 P.M. to be consistent with the neighborhood. Mr. Sames stated the hours of operation will be noon until 2:00 AM during racing season and noon until 12:00 midnight, the remainder of the year. Outside seating will close at 11:00 P.M. Mr. Walsh provided information on the closing hour of other establishments in the area. Amy Durland stated she is concerned as to how consistent this is in the neighborhood. When we visited the site it is not just the horse barn there are residences fairly close. Mr. Walsh stated there are animals across the street that begin their day at 5:00 A.M. until 11:30 A.M. You have a bar opened especially in this close proximity, 9 yards away. My clients are appreciative of the Boards consideration. Mr. Toohey stated all other uses in this area are non conforming uses. Our proposal is a conforming use. Mark Torpey, Chairman, recapped the issues discussed. Runoff plan approved by Tim Wales, City Engineer. Preservation of 2 trees which are not on this property. Planting of a tree from the approved City listing. Buffering around the outdoor seating area. Providing a fence or maintaining the tree line along the property line. The Board seems to favor the tree buffering in this area. Photometric plan was provided concerning light spillage. Noise level, music indoors only. Hours or operation 12 noon 2:00 AM during racing season. 12 noon until midnight the remainder of the year. Outdoor seating closing at 11:00 P.M. Jamin Totino, Vice Chairman made a motion in the matter of the Sames Mixed Use Building, 20 Bowman Street site plan application be approved with the conditions as noted by the Chair. Janet Casey seconded the motion. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 17 of 22 Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; Jamin Totino, Vice Chairman; in favor MOTION PASSES: 7-0 8. 17.034 PITNEY MEADOWS COMMUNITY FARM, 213-235 West Avenue, Site Plan Review of community farm Development within the Pitney PUD. SEQRA: Action appears to be a Type II action, no further environmental review is required. BACKGROUND: Planning Board issued a favorable advisory opinion for the Pitney Community Farm PUD. It was then approved by the City Council. The is the first site plan application under the approved PUD. Mark Torpey, Chairman stated the Board understands that this project will done in phases. At the workshop we discussed safe pedestrian connections are a major concern. Applicant: Pitney Meadows Agent: Mike Ingersoll, Andrew Moniker, LA Group Mr. Ingersoll provided a brief overview of the first Phase of the proposed Pitney Farm. We have identified the areas and have applied for approval. The first Phase is the Community Garden and we hope to build by the end of the year the children’s greenhouse. Mr. Ingersoll reviewed the site plan which was submitted. The existing residence is being worked on now. The utilities in the street allow are being accessed for an approved condominium project from which we will bring the water system to into the site as well as allow us to connect to the sanitary sewer laterals. We will keep and maintain the existing roads, adding handicap access and parking. Mr. Ingersoll provided an overview of current site plan noting a shed area where there are proposed rest rooms, and storage. The high tunnel area will allow crops to get started. This may also house some instruction and groups, gathering for small groups. Site parking was reviewed and we are keeping everything as permeable as possible. We have provided some wall pack lighting on some the buildings. Mr. Ingersoll stated the farm is a nonprofit. Current guidelines require a Letter of Credit, a request was made if the Board could waive the Letter of Credit it would not tie up these monies. Mark Torpey, Chairman asked if there were any questions or comments from the audience. None heard. Mark Torpey, Chairman stated in terms of the parking and the waiver of the Letter of Credit we have no issues with it. This is a great project. No other outstanding issues. Bob Bristol made a motion in the matter of the Pitney Meadows Community Farm, 213-235 West Avenue application for Site Plan Approval be approved. Jamin Totino seconded the motion. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 18 of 22 Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman; in favor; Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; MOTION PASSES: 7-0 Bob Bristol made a motion in the matter of the Pitney Meadows Community Farm, 213-235 West Avenue application for waiver of Letter of Credit be approved. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman; in favor; Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; MOTION PASSES: 7-0 9. 2017.061 HENRY ST. CONDOS, 128 Henry Street, two lot final commercial subdivision within the Transect-5 Neighborhood Center District. 10. 17.032 HENRY STREET CONDOMINIUMS, 120 Henry Street, Special Use Permit for construction of a 30-unit multi family residential building within the Transect-5 Neighborhood Center (T-5) district. SEQRA: Unlisted Action. DRC is other involved agency; they pro-actively deferred SEQRA Lead Agency to the Planning Board on May 17, 2017. Applicant: Bob Boucher, Developer, Architect. Agent: Mike Ingersoll, Andy Moniker, LA Group Mr. Ingersoll provided a visual presentation of the site which is under a half an acre. There are some urban features we are trying to implement as well. Mr. Boucher stated this project is a proposed 30 unit condominium project on Henry Street called “The Modern”. I am trying to bring a different design vernacular to the City it is more contemporary. This project has many design firsts from the balconies to the completely green community roof. What I am proposing on the façade level is a complete pedestrian experience gallery dedicated free of charge to the art organizations in Saratoga. They will be curated, changed and there will be acclimatized vignettes. They will have seasonal plantings in the built in planters, properly lit and a very exciting streetscape because the focus will be on the art work. The parking will be completely concealed. The accents, the color, the glazing is a full height glass. The units have full height glass. They have integral decks, movable glass City of Saratoga Springs – Planning Board – May 25, 2017 - Page 19 of 22 wall decks. All the lighting is dark sky compliant but everything on the building will be integrated into the columns on the inside toward the decks. Nothing will be on the ceiling or the roof structure. Everything will cascade down on the covered loggias as well as the gallery space as well. The plinth blocks will also have lighting inside; a soft glow will not spill out. The roof is within the 50 ft. height restriction. There are two story penthouses on the upper floor with their own private terraces. The roof is completely green pedestrian inter connection space. There will be a dog park on the roof as well. Sustainable features are incorporated into the design and mechanical systems which we are still working on. Side entry to parking level and will discharge to the front. We will be using cedar accents. The color palette will be cool grays. Along Bank alley and the front of the building we are employing 80% eco-shades with opacity which automatically lower and raise. No glare no direct lighting. We are not asking for any variances on this project. Todd Fabozzi stated he thinks this is a great design with the pedestrian space afforded. Jamin Totino agrees with Todd, great design, nice to have something different in Saratoga. Janet Casey stated it is a pleasure to see some new architecture in Saratoga. The pedestrian space is great. Mark Torpey, Chairman stated an issue with T-5 abutting a residential is a challenge for the Board. Amy Durland spoke concerning the alleys and the traffic which is a concern for her. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 12:12 A.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Tom McTygue, owner of adjacent property just north of this site. Mr. McTygue questioned the setbacks. How can the applicant perform maintenance on his property when this building will be up to the property line? A neighbor from 211 Circular Street spoke regarding this project. Very busy area. This will deter bicycle riders. Too big for Henry Street. Three other neighbors oppose this project as well. Louie St. Lamont, 163 Circular Street. Would like to check the rendering for clarification. Leslie Mills, Bank Alley. Biggest concern is traffic especially on the alley. Suzanne Murray, Circular Street. Bank Alley just a little one way alley. This project is too big for the lot. Brian Straughter, 161 Circular Street. He stated he is definitely not against the project. He did state there are things we need to keep in mind. What will my view of the proposed project be? Concerned about Bank Alley. Many families walk down that street. Mark Torpey, Chairman asked if there was a motion to accept Lead Agency Status for SEQRA. Amy Durland made a motion in the matter of the Henry Street Condominiums, 120 Henry Street that the Planning Board accepts Lead Agency Status for SEQRA. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs – Planning Board – May 25, 2017 - Page 20 of 22 VOTE: Jamin Totino, Vice Chairman; in favor; Bob Bristol, in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; MOTION PASSES: 7-0 Jamin Totino, Vice Chairman stated perhaps a balloon float or shadow study would be helpful. Discussion ensued among the Board concerning the zoning in this area. 11. 03.027.1 79 BEEKMAN STREET, 79 Beekman Street, Special Use Permit modification to allow for art gallery, art studio, retail and one residential unit uses within the Neighborhood Complementary Use-3 (NCU-1) District. RECUSAL: Board member Bob Bristol recused himself from the following application stating he does have a financial interest in this application. SEQRA: Action appears to be a Type II action with no further review is required. BACKGROUND: Special use permit granted in 2003 for an art gallery and three artist studios. Proposed modification is to allow for up to 1200 square feet of artist studio, art gallery and retail on the first floor. Second floor proposed to remain as one artist studio and one residential unit. Previous unpermitted uses noted at site including a bike shop. Applicant: Mark Konieczny Mr. Konieczny stated he just purchased 79 Beekman Street. The Special Use Permit which was issued previously allowed for an art gallery and three artist studios. Proposing to modify the Special Use permit to allow up to 1200 square feet of artist studio, art gallery and retail. Second floor proposed to remain as one artist studio and one residential unit. Difficulty finding an appropriate tenant for this first floor space. I do have a prospective tenant who would like to rent ½ of the first floor for an artist gallery as well as furniture sales, record sales and sale of vintage clothing. It is a mix of things which would work very well. We have found a happy medium. Retail is not currently allowed. We are requesting retail to be added for the first floor. We have no intent to rent out the garage. Concerning the parking waiver. Under the old Special Use Permit 10 were allowed, 4 were asked for, 6 were waived. Under new calculation 8 is required, 5 are provided. Jamin Totino, Vice Chairman stated this seems like a happy medium in the district. Meets in the middle. Amy Durland agrees with Jamin. I appreciate you retaining some elements of the arts district. Mark Torpey, Chairman asked if there were any further questions or comments. Todd Fabozzi stated he is also in favor of this Special Use Permit. None heard. Mark Torpey, Chairman reviewed the conditions for the Special Use Permit. The Board discussed a waiver of City of Saratoga Springs – Planning Board – May 25, 2017 - Page 21 of 22 3 parking spaces, garage usage dedicated for garage use only, 1st floor art studio, gallery, and retail. Residential unit on the second floor. Jamin Totino made a motion in the matter of 79 Beekman Street, 79 Beekman Street, Special Use Permit modification be approved with conditions as noted by the Chair. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman; in favor; Abigail Wolfson, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor; Janet Casey, in favor; Amy Durland, in favor; MOTION PASSES: 6-0 APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the June 8, 2017 meeting. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 12:45 A.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 7/13/17 City of Saratoga Springs – Planning Board – May 25, 2017 - Page 22 of 22