Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, SEPTEMBER 14, 2017 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman, called the meeting to order at 6:01 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman; Jamin Totino, Vice Chairman; Janet Casey; Bob Bristol; Ruth Horton; Todd Fabozzi; Abigail Wolfson ABSENT: Amy Durland; Clifford Van Wagner STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Tim Wales, City Engineer Justin Grassi, Counsel for the Land Use Boards ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. ANNOUNCEMENT OF ADJOURNED PROJECTS: ADJOURNED PENDING ADDITIONAL INFORMATION: 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. 16.025 MENDENHALL SUBDIVISION, 101 Old Schuylerville Road, 4-lot preliminary conservation subdivision within the Rural Residential (RR) District. COMMENTS FROM THE CHAIR: RICHARD AVENUE – ADMINISTRATIVE ACTION. PARK GROVE (JOSHUA STREET) – ADMINISTRATIVE ACTION. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, September 25, 2017 at 4:00 P.M. Planning Board Workshop, Monday, September 25, 2017 at 5:00 P.M. Planning Board Meeting, Thursday, September 28, 2017 at 6:00 P.M. PRIVILEGE OF THE FLOOR: Chris LaPan stated dating back to March of this year, my girlfriend and I voiced our concerns regarding the proposed development on the west side corridor, Station Lane and Washington Street and their direct effect on groundwater and drainage levels. Thanks to staff and the Planning Board who took the time to read the comments and address some of those items. We are not antidevelopment or opposed to development on this side of the City. We are both licensed civil and environmental engineers with a strong understanding of the potential impacts these high density projects will have on the area with wetlands and high ground water. The Planning Board specifically stated especially with the Station Lane project should be looked at holistically as part of the SEQRA review SEQRA review. The ENTRADA project is being fast tracked due to the funding deadline and the affordable housing component of the project. We are concerned about ground water and drainage. No data has been submitted to ensure that this project will not affect neighboring homes. A letter was submitted for the record. S A. APPLICATIONS UNDER CONSIDERATION: 1. 15.004.7 OAK RIDGE SUBDIVISION PHASE 2, Meadowbrook Road, Subdivision approval Extension within the Suburban Residential-1 (SR-1) District. BACKGROUND: Subdivision approved by the Planning Board on October 28, 2015. The latest approval for subdivision extension expired on September 5, 2017. Application for extension was submitted prior to this date, preserving approval. Requested new extension to December 5, 2017. The applicant notes additional time is needed for the project for LOC to be issued, easement details secured with Saratoga PLAN prior to final signature and filing plans. Applicant: Jeff Snyder Agent: Mike Ingersoll, LA Group Mr. Ingersoll stated we are almost finished. We have just completed the Letter of Credit requirements. Conservation easement was approved on August 5, 2017 by Tony Izzo, Deputy City Attorney. Kate Maynard, Principal Planner stated the Letter of Credit and the Recreation fees. Also, the final sets of plans which have been stamped by the external agencies are in the office now. Mark Torpey, Chairman asked if there were any questions or comments from the Board. None heard. Jamin Totino, Vice Chairman, made a motion in the matter of the Oak Ridge Subdivision Phase 2, Meadowbrook Road, for a 90 day extension to December 5, 2017 be approved. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Abigail Wolfson, Alternate, in favor; Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 City of Saratoga Springs – Planning Board September 14, 2017 - Page 2 of 15  2. 17.042 KCG MIXED USE DEVELOPMENT, 153 South Broadway, Special Use Permit for multi- family residences, office uses within the T-5 District. BACKGROUND: Mark Torpey, Chairman stated this project is before the Board for a Special Use Permit. We have a proposal for 110 residential units, 2400 square feet of office retail space, 7500 square feet of eating and drinking space as well as 4,000 square feet of medical and service designation. Involved agencies including the Planning Board are DRC, and NYS HCR and the County IDA. DRC has proactively deferred Lead Agency Status to the Planning Board. There was a presentation recently on September 6, 2017 to the DRC. Applicant: KCG Development, Bill Teeter Project Representative Agent: Mike Ingersoll, Matt Brobston, LA Group Mr. Ingersoll stated we would like to present to the Board this evening some advancement’s in the architecture. The DRC liked what they saw and felt it was headed in the right direction. It does still remain a work in progress. Mark Torpey, Chairman stated the slides from that meeting with the DRC are posted on the web. We also have a positive advisory opinion from the DRC concerning this application which we had requested. Mr. Ingersoll stated that is what the applicant is hoping for to help move this project forward. Mr. Teeter stated he is a Saratoga Resident. I am here as a local partner to KCG Development. We are very excited about moving forward with this project. This is a prime commercial corridor as well as bordering on Canfield Street with our neighbors. The portion overlooking South Broadway is commercial with ground level retail, a food and beverage establishment, as well as a second story which is 17,000 square feet of office space. 12,000 square feet of that is dedicated to Saratoga Development Corporation which is an incubator and accelerator for entrepaneur. On the ground level there 7,000 square feet of retail directly fronting South Broadway to be determined. On the end cap next to Mavis we are looking at a food and beverage establishment. On the Canfield Street side there are 110 units of mixed income housing. 64 units will be two bedroom and 46 one bedroom units. We have had meetings with our neighbors some of them are here tonight and you will see that reflected in our design as well as the DRC response. Mr. Ingersoll provided a visual presentation of the project. This project involves a 3.06 acre portion of the site. A survey of the land was also provided to the Commission. The site does allow us to have a parking deck which will have liner buildings and a green space buffer which is in compliance with the city’s guidelines. The parking configuration allows parking below the deck for residents while the upper deck is for visitors, commercial and office space parking. We can accomplish all of our parking on site. 130 spaces on each floor – 273 total spaces. A civic space will be provided as well as streetscape amenities. Green space is also provided to the rear of the site which will also provide for some stormwater management. All new sidewalks will be provided as well as bump outs for parking along South Broadway for easy access to the commercial tenants on the site. Mr. Ingersoll provided a review of all elevations of the building, noting the enhancements of the streetscape design along the South Broadway corridor. The intent is to have a lively streetscape. Kate Maynard, Principal Planner, City of Saratoga Springs stated there have been conversations with Mark Benaquista concerning parking along the frontage. We are noticing as a trend that this supports the first floor uses as well as a traffic calming effect. He is considering this usage concept in this location. Mr. Ingersoll provided a revised streetscape rendering noting a pocket park with a green belt in the front and enhanced landscaping in the rear, with a bike sharing corral. City of Saratoga Springs – Planning Board September 14, 2017 - Page 3 of 15 Todd Fabozzi stated regarding the changes which were made, the project is moving in a good direction. There are some details within the plaza area which can be refined. There is a great opportunity for civic space and more seating. Some kind of a fountain might be something to consider or another type of amenity to make it more interesting. Discussion ensued concerning breaking up the mass of the building. Mr. Ingersoll continued with the visual presentation of the project. On the side the residential units begin and wrap around the corner similar to row houses. Some units will have Juliet type balconies. A banding type of architectural element is proposed to break up the façade, as well as see through glass elements. A green roof is proposed and will handle some of the stormwater management. A transitioning occurs from the front of the building to the rear of the building. Rear façade shows the green space and the parking structure which is stepped back. A review of the proposed materials were provided for the Boards review. This is what was provided to the DRC and we received a favorable response. Mark Torpey, Chairman questions the rationale for parking and the number of spaces being provided. 273 total spaces which includes the street parking as well. Mark Torpey questioned the possibility of some shared parking, and how the number provided was determined. Mr. Ingersoll stated one covered parking space will be provided per unit. In the evening the commercial/business spaces will not be occupied or needed so there is a shared component. There was no rationale to support it. It is well within The Boards ability to waive some parking. SEQRA and the Special Use Permit are very important for us to move forward with the project to obtain funding. Mr. Teeter explained the affordable housing is a 40-50 year lock in of affordability from the state. 14 Units are designated for veterans. The income range is from $35,000 income to $97,000. Mark Torpey, Chairman opened the floor for public comment. PUBLIC HEARING: Dorothy Rogers Bullis & Dan Bullis 16 Sandstone Drive. We own a property at 153 Regent Street. We very happy and excited to see this project. We have a commercial furniture business. We see all kind of design. We started our business in 2009. There is a need in this area for incubator and start ups. 65% of businesses are small businesses. Workforce housing is so needed. Credit is given to the visionaries. Dennis Brobston, President of Saratoga Development Corporation. This is a project which has been going on in my office for many years. I have been a member of the GAPS committee and it was interesting summer. It took a 1 ½ year to find a developer to invest in this area. We are here to create jobs and along with the affordable workforce housing to keep people working and living in the City. Very supportive of this project. Dan Brehenny, 133 Hamilton Street. I support what they are trying to do here. I appreciate the applicant working with the neighbors and providing a more residential look along with green space in the rear and make some changes which were important to us. Aileen Paris, neighbor, stated this team is great to work with. They have met with us and listened to our concerns. We are looking forward to the project. Amy Bucher, 133 Hamilton Street, offered support of this project and appreciates the applicant providing green space on the residential side and making it feel less than a 4 story building. We appreciate that. Adam Feldman, Executive Director Habitat for Humanity. Small business owner as well. The incubator space would be great space and from the Habitat for Humanity portion of my job and this is a common theme, housing. City of Saratoga Springs – Planning Board September 14, 2017 - Page 4 of 15  Jim Gallagher, 15 Whitney Place. I have owned my property for 31 years. The scale of this project got my attention. I had some concern about appearance and design. This seems to be moving in the right direction and I want to know more about the project. Concerned about the energy features of this project. This is a real opportunity to do something really innovative. Tim Wales, City Engineers office reviews Special Use Permits. With this project there are a few items we will need. A full engineers report on the water and sewer. I have not seen the traffic report so I cannot report on this. I think it is a great project using sustainable materials, what is the proposed LEED rating for this building. Mark Torpey, Chairman stated in light of the fact that the incubator is part of this. Phenomenal opportunity with this site. Mr. Teeter stated in working with the state on this project they require energy star compliance minimums with windows and appliance. We are interested in systems to explore such as water and heating. We will take that back to discuss with the design team. Discussion ensued among the Board concerning LEED status. Todd Fabozzi stated new opportunity to showcase certain approaches, solar panels, or GEO thermal, or a green roof. Mark Torpey, Chairman questioned the parking arrangement and the configuration. Mark Torpey, Chairman suggested to connect the two points entrance and exit. Kate Maynard, Principal Planner, City of Saratoga Springs stated the traffic report was uploaded and provided to Mark Benaquista and is available on line. Tim Wales, City Engineer stated he would like to look at it. This information can be solidified at site plan. Discussion ensued among the Board concerning the Special Use Permit and parameters for on outdoor music after 11:00 P.M. SEQRA REVIEW: The Planning Board reviewed SEQRA Part I of the EAF. No large or important areas of concern were noted. The Planning Board reviewed SEQRA Part II of the EAF. No large or important areas of concern were noted. SEQR DECISION: Jamin Totino, Vice Chairman stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. City of Saratoga Springs – Planning Board September 14, 2017 - Page 5 of 15 VOTE: Janet Casey, in favor; Abigail Wolfson, Alternate, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated now we will move on to Special Use Permit. It was discussed and the applicant has agreed to an 11:00 P.M. hour of operation for outdoor activity, music and the like. The parking to remain disconnected unless further evaluation is proposed. Recognition by the Board and input from the public concerning the energy efficiency of this project. Mark Torpey, Chairman, closed the public hearing at 7:35 P.M. Janet Casey made a motion in the matter of the KCG Mixed Use Development, 153 South Broadway that the Special Use Permit Application be approved with the conditions as noted by the chair. Ruth Horton, Alternate seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, in favor; Abigail Wolfson, Alternate, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 7:35 P.M. The Board recessed. 7:47 P.M. The Board reconvened. 3. 17.027.1 STATION PARK (TOP CAPITAL) MIXED USE DEVELOPMENT, Washington Street/Station Lane, SEQRA review within the T-5 Neighborhood Center (T-5) District. BACKGROUND: Joint 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. Area bounded by Church Street, West Avenue on the east, RR corridor to the west, and Washington Street is identified by the City for establishment of a large new neighborhood within the City. The area is Community Mixed Use Comprehensive Plan designation: Area bounded by Church Street, West Avenue on the east, RR corridor to the west, and Washington Street is identified by the City for establishment of a large new neighborhood within the City. The area is Community Mixed Use Comprehensive Plan designation: “The Community Mixed use designation includes areas of moderate density residential and community supported commercial uses. These areas are characterized by mixed use neighborhoods that are walk able 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. City of Saratoga Springs – Planning Board September 14, 2017 - Page 6 of 15 While the character of each Community Mixed Use area may vary, all areas are intended to be pedestrian oriented with an attractive streetscape, along with amenities such as small parks and plazas. In some areas identity is already well established through architecture and streetscape while in others, identity will be shaped by future planning sessions. All four applicants met in March to discuss comprehensive aspects of the sites and review of potential impacts and opportunities. All applicants are in communication sharing data collaboratively. Land Use Board process initiated with submission to the ZBA for proposed variances. In March, successfully held a meeting among 4 applicants and consultants to discuss comprehensive aspects of sites and review of potential impacts and potential opportunities. Meeting deemed productive in which all 4 applicants attended and shared initial information on projects. Top Capital representative Don Minnery offered to lead effort to provide larger level analysis of traffic, utilities and stormwater management. The Land Use Board process initiated with submission to the ZBA for proposed variances. Variance have now changed due to project configuration. SEQRA: Action appears to be a Type 1 action with DRC and ZBA also involved agencies. Both have pro-actively deferred lead agency status to the Planning Board should they wish to accept it. The Planning Board accepted Lead Agency Status on April 27, 2017. Mark Torpey, Chairman stated what is before the Board this evening is consideration for SEQRA Coordinated Review. At the last meeting we looked at several different bore samples. Based on the geotechnical analysis there was some concerns about the location of the hotel. There was actually a fairly significant change in the overall project. It would be helpful to go through where the application is now. Applicant: Top Capital of NY, LLC Agent: Don Minnery, Saratoga Associates; Emily Gardner, Saratoga Associates; Mary Jo Bennatenny; Lou Giardino; Devin Del Pos Mr. Minnery stated they will provide a visual presentation outlining various SEQRA topics we have been discussing the traffic, geotechnical studies including the ground water study, utilities, archeology and a summary. Following our presentation we would like to go through Part I and Part of the SEQRA analysis. We will begin with the traffic study done by SRF. Chazen has responded in writing and SRF has provided responses to those concerns. The issues are increased vehicular traffic from Station Park and the adjacent properties we have included in the study the Entrada, and the other two on Station Lane. The potential mitigation options are a traffic signal at West Avenue and Station Lane Boulevard intersection. Traffic signal with turn lanes at Washington and West Avenue. Timing optimization between the lights. Mr. Minnery stated the mitigation measures which were noted are at an $800,000 cost for traffic signalization. Discussion ensued concerning the traffic mitigation options and the costs presented before the Board. Mr. Minnery continued with additional transportation impacts. With parking, before we had a series of parking lots with travel lanes through them. We have reduced them and it does work much better. There are complete street elements with sidewalks connecting the various blocks within our project as well as Entrada, as well as up to Washington Avenue. We have 5 foot bike lanes as well as 11 foot travel lanes on Station Lane Boulevard. We have a bike share hub proposed on Station Lane Boulevard. We are working with CDTA. A greenbelt trail segment which goes around behind the development. CDTA is developing a universal access program which will be available to the users here. Mr. Minnery provided a visual presentation of the site plan layout following the geotechnical information provided to the applicant. After reviewing the geotechnical study it was 90 feet through the sand to bedrock. So, one of the biggest loads was the hotel. So, we have moved that over to the Washington Street side which is much closer to bedrock. Also we will use this to provide one level of parking under the hotel building, due to better soil conditions. We are not City of Saratoga Springs – Planning Board September 14, 2017 - Page 7 of 15 infringing on the wetlands at all. There is a small reduction in the total amount of units. The geotechnical firm did borings, test pits, and infiltration tests on the site. They have found 12” over silty sand with clay then glacial till bedrock. Bedrock goes from 30 feet below grade to 100 feet below grade. Groundwater elevations were also provided to the Board. A depth to groundwater chart was reviewed. Infiltration tests revealed good absorption rates for stormwater. Reviewing the updated site plan reveals straight access into the site. Revised parking with some parallel parking available. We have one area with perpendicular parking, thereby reducing the size of the parking lot previously shown. Trees which were marked for removal, these trees will now be maintained. Concerning the buffer we will preserve a greater buffer. Emily Gardner stated the reason for orienting the building as presented this evening is trying to activate the streetscape as much as possible as well as complying with frontage build out requirements. Discussion ensued reorienting the building to reduce the footprint for greater site distance. Mr. Minnery stated ACOE and DEC boundaries have been confirmed. This project does not have impact on the onsite wetlands. No mitigation is required. Sewer and water, the supply is sufficient. Our engineers have met with the City Engineer. This 4 inch sanitary force main is not sufficient to handle this development. So, we will upgrade the force main and pump station. Our engineers have determined this will cost an estimated $720,000. Tim Wales, City Engineer stated their engineer will need to provide more information concerning hydraulics on the pumps and the pump station. An updated water model is also required to be performed. Mr. Minnery stated concerning archeology studies a report is being completed as we speak. He did a Phase I and Phase II on the Entrada site and reported nothing was found. To summarize costs the developer will speak on the costs. Mr. Lou Giardino, partner, Top Capital spoke concerning costs. Some question as to the impact, of mitigation from a financial standpoint and our commitment. Studies especially SEQRA were tethered to the other projects. We never intended to analyze economics based on other people’s proposals. So we had our consultants develop our costs as we understood them. At that time we were under the understanding that this was zoned for this particular use. The plan was modified with minor changes in the number of units based upon great suggestions and comprehensive studies. We understand that this property really doesn’t present an unmanageable impact on the environment and the community. We have developed a proposal that is consistent with zoning. We are not asking anyone else to bear those costs. There is a misunderstanding about fair share. We have never considered out project being contingent on other projects. If the other projects take place that is wonderful but if they don’t that is fine too. This is a big project with a lot of dollars attached to it. We understand that we have a financial responsibility; we are committed to do it. We are prepared to do it. We have the property ready to go. I will make one commitment go even further. I can promise that we will apply for LEED Certification for at least the senior living projects. We cannot commit on the hotel at this time. Mark Torpey, Chairman stated geothermal side of this one of the things we have looked at is an analysis on how you can build in extra cost savings. Mr. Giardino stated we are open to that. We think if the property is a solution to what was suggested by zoning we are pretty much consistent with that. We are looking for a SEQRA Negative Declaration. Mr. Minnery stated what the applicant would like is to review SEQRA Part I and Part II. Jamin Totino, Vice Chairman stated he would like to review the traffic slides. Concerned regarding bike lanes and traffic signal at the corner of West and Washington. The idea of putting this level of intersection in this part of the city is unacceptable. There will be a huge outcry from the people who live on the west side of the city. This is a topic the Board needs to wrestle with. This is the central issues with the Board. Todd Fabozzi questioned the traffic analysis noting the single lane roundabout in this area would not work. I don’t City of Saratoga Springs – Planning Board September 14, 2017 - Page 8 of 15 know if we have received a full response to that question. It could be done less impactful. Janet Casey stated she is feeling the same as Jamin. I think we have to discuss this more. It is too vague for me. This is unacceptable for me in this city. Bob Bristol stated he has the same angst as Janet and Jamin. I am not really at a point where I feel I am ready to move in a positive direction. All the answers are there enough to make me feel comfortable. I am not comfortable. Tim Wales, City Engineer stated he believes the answers are not there yet on the traffic. The next step is to have some things evaluated further. The applicant has discounted roundabouts right away. There are one lane and two lane roundabouts. Pedestrians will want to get across the intersection in a safe way. The traffic engineer and I as well as the applicant and their traffic engineer need to sit down and further develop this. These are not fully vetted. We need more development. We are not sure this has reached my comfort level yet. Discussion ensued among the Board concerning traffic and mitigation. Mark Torpey, Chairman stated the Board asked complete street advisory board for recommendations concerning traffic demand, less traffic, and more parking, as well as design options. We need more information; this is a key factor in SEQRA. I do not feel comfortable issuing a SEQRA Negative Declaration on traffic which is required on Part II. Justin Grassi, Land Use Board Attorney stated what the Board will be required to do is look at the action which is proposed and what the environmental impacts are. If the Board is not sure what is proposed, what mitigation measure may result, its permissible if the applicant states whatever mitigation measure are required we are willing to pay for it. If that is acceptable to the Board recognizing that the mitigation measures will control the traffic then the Board can move forward. We do not believe there is enough information; it would be suggested to wait to see what is proposed and what will work. Mark Torpey, Chairman stated we want the Board to be comfortable in how we deal with the traffic in this area. The City Engineer must be comfortable as well before we can proceed. Justin Grassi, Land Use Board Attorney stated this is a Type I action, a conditioned negative declaration would not be on the table. Proposed mitigation will have to be applicant imposed and Board approved. Mark Torpey, Chairman stated what we are missing also is input from the DRC concerning community character, general Mass and Scale and the context in general. Jamin Totino, Vice Chairman stated the applicant has come a long way with the onsite consistency of the T-5. The issue with regard to community character this type of traffic issue is important but we need to deal with this impact off site as well. This type of traffic issue is important in this situation and I am not sure there is a solution before us. SEQRA is more than transportation there are several issues before us. Todd Fabozzi stated this is an exemplary project creating high level of urban character. Mr. Giardino spoke regarding traffic mitigation for all the projects taking place in that area. Traffic solutions are designed for all the development in that area which may not be completed for several years. What we have done here is to analyze the entire community in this area and then be the only one subjected to the final scrutiny. We will be glad to shoulder any costs for mitigation. Right now we would like to move forward with the project before the Board which will not adversely impact the environment with this portion of it. How did Entrada move on when they are part of this traffic issue. Tim Wales, City Engineer stated I don’t think that is quite fair. When we have our designated engineers review all three applicants did put forth some monies for us to review SEQRA. So the other applicants are part of the evaluation. You City of Saratoga Springs – Planning Board September 14, 2017 - Page 9 of 15 stated we will address traffic issues when they become issues and move on. That is short sighted; we want to be out in front of this. Mr. Giardino stated we cannot move forward with developing a good plan when we are stuck in the mud. We have been here and it is a big project. Every phase we have made an adjustment and will continue to do so. We just want to move on. Mark Torpey, Chairman stated this particular project is what is dominating the site. It is the lead development project. I think we asked you if you would be willing to take the lead. You were professional enough to do so. We appreciate you doing that. We are not trying to hold things up. It is very difficult to approve something when I don’t know what it is. Janet Casey stated she very much appreciates everything the applicants are doing and how hard you are working. I am very cognizant of my duties on this Board and this project which is huge. I would like to have some parameters narrowed down, and possibly made more clear. Todd Fabozzi stated it is not fair to place all the mitigation on this applicant for a situation which currently exists. Discussion ensued among the Board concerning SEQRA review and the Boards responsibility. Justin Grassi, Attorney for the Land Use Boards stated because of the different possibilities we have here it can impact other areas of our SEQRA determination. To Todd’s point as well, determination here is to see if there is significant environmental impacts. Mr. Giardino stated when we do have the developed project particularly with senior retirement project our evaluations are being done on unrealistic hypotheticals. I spoke to the Board the last time concerning the number of cars in our retirement communities. What I see it is not likely that we will need those turning lanes at the intersection of West Avenue and Washington Street at all if the signalization is optimized. Peak rush hour traffic you may get some traffic backup. These designs are to mitigate any traffic problems. My point is what the City wants for mitigation we would be prepared to do it. We will pay for whatever mitigation measures are required by the City so the application can move on. Discussion ensued among the Board regarding moving forward with the SEQRA determination. Tim Wales, City Engineer stated he has no problems with moving forward with SEQRA since the applicant has offered to provide whatever mitigation is necessary. I don’t know what is going to happen here but from the city’s standpoint the applicant has agreed to be responsible monetarily for whatever needs to be done. Justin Grassi, Attorney for the Land Use Boards spoke regarding SEQRA. The applicant has proposed to be fiscally responsible for whatever mitigation is necessary, a condition is not necessary. Mark Torpey, Chairman stated we are still awaiting the archeological survey results which are a part of the SEQRA determination, as well DRC input regarding Mass and Scale. The other outstanding information is these two items as well as the traffic issue configuration. Mark Torpey, Chairman stated the majority of the Board is ready to move forward with SEQRA. Kate Maynard, Principal Planner, City of Saratoga Springs stated the goal of the Planning Board is to assure that traffic is looked at from the study perspective in terms of the cumulative impact of what is known in this area, and I do think there has been great efforts both on the applicants part and as well as the other projects progressing. We do have the escrows which have been retained by all three active applications. Mark Torpey, Chairman reviewed Part I of the SEQRA EAF form. There were several questions and areas which the Chair requested is reviewed and corrected information be provided by the applicant. City of Saratoga Springs – Planning Board September 14, 2017 - Page 10 of 15 In reviewing the Part II SEQRA for the Board did discuss the potential affects in voting yes, triggering a Part III review. Justin Grassi, Attorney for the Land Use Board stated the Board cannot do a conditional approval. However, The Board can still revert to Part III which is not necessary for conditions to be placed but will allow us to expand on why Why you can have potentially a moderate to large impact which is not a significant adverse environmental impact. It is recommended if we have moderate to large impacts and we are crafting a Part III indicating why it is a moderate to large impact or a Negative Declaration or Positive Declaration that we take the time to do so with another meeting. It is usually recommended. Discussion ensued among the Board concerning the completion of Part III, and what is necessary. Mark Torpey, Chairman continued with the completion of SEQRA EAF Part II. Justin Grassi, Attorney for the Land Use Boards stated for the SEQRA Part III, the Board needs to identify from Part II any moderate to large impacts and then discuss certain criteria. That criterion is the magnitude. The magnitude considers facts severity, size or extent of the impact and also the assessment of the importance of the impact which relates to geographic scope, duration, probability of the impact occurring, people affected by the impact, and any and all environmental consequences. The answers to these questions would seem to be the applicants mitigation measures would seem to reduce the magnitude and the importance of any potential impacts if that is what the Board feels. Normally we would like to craft a longer more detailed answer. Jamin Totino, Vice Chairman stated he will not support the motion to move forward tonight. He believes he would like to take the advice of counsel to craft the answer more completely. Mark Torpey, Chairman stated we have reviewed Part II and would like more time to craft Part III response. We will complete Part III at the next meeting on September 28, 2017. 5. 16.038 PET LODGE, NYS Route 9 South Broadway, Site Plan review for 6,000 square foot animal kennel Facility within the TRB/RR District. BACKGROUND: Many considerations made were desired to be carried into site pal review for final consideration/details such as the cross access easement, stormwater management, and buffering to adjacent properties and frontage. A SEQRA Negative Declaration was issued by this Planning Board on December 6, 2016. Special Use Permit was issued on April 27, 2017 by this Planning Board with a condition that should a cross access easement be established along the southern property boundary to retain potential future shared access with Pratt Drive. Should access to the subject parcel be made via Pratt Drive to the south, the current proposed access onto Route 9 shall cease to operate and be physically removed. Parking has also been moved to the rear of the site. Applicant: Matt Sames, owner Agent: Michael Toohey, attorney; Jamie Easton, MJ Engineering Mr. Toohey stated we have been before this Board several times. Area variances were received from the ZBA and Special Use Permit from this Planning Board. Current litigation with regard to this project, an Appeal was filed, an Article 78 against the Zoning Board of Appeals. There has been no appeal filed with regard to the Special Use Permit granted by this Board. This appeal was heard by Judge Chauvin and the Judge rendered a decision in which he dismissed all of the allegations of our neighbor’s petition. As a result we are here today to move forward. Subsequent to that decision approximately one month later we received a Notice of an Appeal filed on July 26, 2017. The court has given the City of Saratoga Springs – Planning Board September 14, 2017 - Page 11 of 15 applicant 9 months to perfect. It also gives the person that is aggrieved a window starting 60 days after the Appeal is filed to petition the court to expedite the time period for this Appeal to move forward. That time period comes up on September 26, 2017. We are prepared to move expeditiously to move that Appeal forward. There is no reason why this Board cannot move forward on its site plan review. I understand we are waiting for the County referral on this project. Jamie Easton, MJ Engineering provided a visual presentation of the project for the Boards review noting the variances which was obtained and granted by the Zoning Board of Appeals, as well as the parking configuration and space requirements due to the separate zones and acreage requirements. Mr. Easton provided a view of the project which was approved during Special Use Permit. The trees which will remain on the site were noted as well as the wetlands. I did receive Tim Wales, City Engineers comments, which were minor in nature. Kate Maynard, Principal Planner, City of Saratoga Springs comments were also received. There is a letter from the DOT reviewing the driveway curb cut entrance permit, which application is pending based on Site Plan Approval. ACOE permit has been filed and the DEC and DOH review of the septic systems was submitted for review. Information was received noting their approval with the size of the septic system as well as the minimal usage proposed. If the Pratt drive area to the south of this site is ever developed the applicant would close off the Route 9 access and access to the site will be via Pratt Drive. This will be added to the final plans. Views of all elevations were provided to the Board. 8 parking spaces will be provided, 2 employees. Septic plans and fields were provided to the Board and was designed 2 ½ times the water usage. TDE for the City is currently reviewing the stormwater comments. Todd Fabozzi questioned the buffer space. Mr. Easton stated we have proposed a buffer along the property line and it is on the landscaping plan. There is quite a large amount of vegetation and we are proposing 25 plants to be included in this landscaping plan. Discussion ensued concerning additional buffering along the property lines, along with the addition of several trees, as well as the location of the parking spaces. Tim Wales, City Engineer stated this project is in good shape, we have reviewed the SWPPP. Mark Torpey, Chairman questioned the lighting. Regarding the location of the property being adjacent to NYS parkland, wooded context and daytime focused use of the site, ability to use motion sensor lighting for nighttime illustration on the south side. We have requested 25 Junipers be planted along the southern border of the property. Addition of several trees on the site. We spoke about down lighting as well as the ability to use motion sensor lighting for nighttime illustration on the south side. Kate Maynard, Principal Planner noted a lot line adjustment is still required and can be submitted separately and approved via Administrative Action. Mark Torpey, Chairman stated we cannot take a vote we are still awaiting the County approval. 6. 17.052 HABITAT FOR HUMANITY, 26 & 28 Cherry Street, advisory opinion to the ZBA regarding a two lot residential subdivision within the Urban Residential- District. BACKGROUND: Habitat for Humanity created 2 affordable units on the subject property, partnership with the City and other entities noted to create units. Current request is to subdivide the current lot with on structure containing 2 units into 2 lots. Habitat has expressed that this is required for the homeowners to officially own their property, this was noted as an oversight on their part and they are now seeking to remedy this. Items addressed during the project review: location of the structure onsite with individual front entrances provided. City of Saratoga Springs – Planning Board September 14, 2017 - Page 12 of 15 Porches were added. Shared driveway provided for access management and to minimize curb cuts on narrow tight streets. AREA VARIANCE CONSIDERATIONS: REQUIRED PREVIOUSLY PROPOSED TOTAL RELIEF APPROVED/EXISTING REQUESTED Minimum average lot width: Lot 1 100 feet 28 feet 72 feet (72%) Minimum side yard (west): Lot 1 20 feet 11 feet 11 feet 9 feet (45%) Minimum side yard (east): Lot 1 20 feet 0 feet 20 feet (100%) Minimum total side yard: Lot 1 45 feet 11 feet 34 feet (75%) Maximum principal building coverage: Lot 1 25% Minimum average lot width: Lot 2 100 feet 22 feet 78 feet (78%) Minimum side yard (west) Lot 2 20 feet 0 feet 20 feet (100%) Minimum side yard (east): Lot 2 20 feet 5 feet 5 feet 15 feet (75%) Minimum total side yard: Lot 2 45 feet 5 feet 40 feet (89%) Maximum principal building coverage: Lot 2 25% Minimum side yard (A/C units): Lot 2 5 feet 1.5 feet 3.5 feet (70%) Applicant: Adam Feldman, Executive Director Habitat for Humanity Mr. Feldman stated the easements are not an issue. The only issue is the driveway. There are no requirements on the variances for the square footage. I have stamped plans from an engineer showing the driveway as it is, with two parking spaces. Kate Maynard, Principal Planner stated this is the Boards first time seeing this application. This was before the ZBA variances were approved. Both the driveway and access was initially reviewed by the ZBA and I was present at this meeting. The driveway is 50 ft. wide and the size was discussed with the previous Director. We did review what would benefit both units a shared driveway with parking in the rear and access to both units. There was conversation about on the far right side of the property having a driveway and access to the parking space directly adjacent. What Susan Barden noted was there was actually a minimum front yard setback of 10 feet proposed and granted at this time. Susan Barden noted a lot of conversation at this time really looked supporting parking in the rear. There was a parking space attached to the resolution showing as currently constructed on the site. What this would require is an additional variance not received. Front yard parking for a single or two family use is only allowed in the setback area for UR-1, 2, or 3. This is UR-4. No parking in a setback area without a variance. The sidewalk will be added. Mr. Feldman stated they are looking to resolve these issues as quickly as possible. Discussion ensued among the Board concerning the parking situation. Tim Wales, City Engineer stated you cannot have a gravel driveway over sidewalk. The driveways have to be paved. You need easements for stormwater, as well as each residence has to have its own water meter and sanitary line service. Mark Torpey, Chairman stated we will need to review this application for subdivision approval. We are looking favorably in our opinion to the ZBA. Parking in the rear is our recommendation. SEQRA: -ZBA deferred SEQRA to the Planning Board. -The Planning Board reviewed SEQRA Part II short form. -No large or important areas of concern were noted. SEQR DECISION: City of Saratoga Springs – Planning Board September 14, 2017 - Page 13 of 15 Clifford Van Wagner stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. SEQR DECISION: Jamin Totino, Vice Chairman stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this action. Ruth Horton, Alternate seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, in favor; Abigail Wolfson, Alternate, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated the Planning Board provides a Favorable Advisory Opinion to the ZBA. We think this is a good project. Parking space location consistent with the neighborhood would be parking in the rear. Jamin Totino, Vice Chairman made the motion in the matter of the Habitat for Humanity, 26 & 28 Cherry Street for a Favorable Advisory Opinion to the ZBA as noted by the Chair. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, in favor; Abigail Wolfson, Alternate, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 COMMENTS FROM STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs provided a report on the regional bike share program which has been in effect for 6 months. 882 rides, with most of them recreational rides. City of Saratoga Springs – Planning Board September 14, 2017 - Page 14 of 15 APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the September 28, 2017 meeting. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 12/14/17 City of Saratoga Springs – Planning Board September 14, 2017 - Page 15 of 15