Planning Board
Regular MeetingSaratoga Springs, NY · September 28, 2017
Minutes
PLANNING BOARD
MINUTES (FINAL)
THURSDAY, SEPTEMBER 28, 2017
6:00 P.M.
CITY COUNCIL ROOM
CALL TO ORDER: Bob Bristol, Acting Chairman, called the meeting to order at 6:08 P.M.
SALUTE TO THE FLAG:
PRESENT: Janet Casey; Bob Bristol; Ruth Horton, Alternate; Todd Fabozzi;
LATE ARRIVAL: Mark Torpey, Chairman arrived at 6:45 P.M.
Jamin Totino, Vice Chairman arrived at 6:50 P.M.
Clifford Van Wagner arrived at 7:23 P.M.
ABSENT: Amy Durland
STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs
Justin Grassi, Counsel for the Land Use Boards
ANNOUNCEMENT OF RECORDING OF PROCEEDING:
The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a
verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording.
ANNOUNCEMENT OF ADJOURNED PROJECTS:
ADJOURNED PENDING ADDITIONAL INFORMATION:
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 STAFF:
Kate Maynard, Principal Planner, City of Saratoga Springs updated the Board concerning the Station Park Project.
Staff met with the applicants this morning following the Boards discussion at the workshop. Information was provided to
Applicant as well as informing them concerning the additional details the Board is requesting along with a final traffic
reports for the project. The applicants did agree and expect the information to be provided by October 9th.
UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS:
Planning Board Caravan, Tuesday, October 10, 2017 at 4:00 P.M.
Planning Board Workshop, Tuesday, October 10, 2017at 5:00 P.M.
Planning Board Meeting, Thursday, October 12, 2017 at 6:00 P.M.
PRIVILEGE OF THE FLOOR:
None heard.
S
A. APPLICATIONS UNDER CONSIDERATION:
1. 17.056 SARATOGA SPRINGS HORSE SHOW, 342 Jefferson Street, Land Disturbance Activity Permit in the
Institutional Horse Track Related (INST-HTR) District.
Kate Maynard, Principal Planner provided some background information to the Board. This is a volunteer run non-profit
event, and has been held since 1961 at Yaddo. They are relocating to the Saratoga Casino and Raceway grounds on
what was formerly the training track. It is before you for a Land Disturbance Activity Permit which is triggered due to the
disturbance being above 0.5 acres. Once question the Board had was a SWPPP. They have provided a basic soil
sediment control plan as part of their application reflecting the activity which is being proposed.
I have spoken to Tim Wales, City Engineer and Al Flick for their comments concerning utility connections for food truck
facilities.
Applicant: Saratoga Springs Horse Show, Tom Huston
Agent: Doug Heller, Dave Carr, LA Group;
Mr. Huston, President and CEO of Capital Fund of Saratoga County, Inc., which was founded basically to run the horse
show. The event began in 1961. This is our 57th year. The profits from this show are returned to the Community for
people who are helping people. Since the 2012 show we have raised almost $300,000 and these monies have been
distributed to approximately 67 different charities in Saratoga County. There is no paid staff we are all volunteers. Our
need to relocate the show to the new location was Yaddo was proposing a different use for the site. Saratoga Springs
Casino and Raceway offered the property. Mr. Huston provided information concerning the number of horses and
people.
Mr. Heller provided a visual presentation of the proposed site. Existing conditions of the site were provided to the Board.
There are proposed improvements to the site consisting of construction of 8 arenas. No tree clearing is proposed for this
project. Porta-Johns will be provided and situated throughout the site.
Bob Bristol, Acting Chair questioned how you gained the rights to do this.
Mr. Huston stated the organization currently has a tentative agreement with the owner of the Casino/Hotel organization.
Bob Bristol, Acting Chair questioned if this situation presented before us is a bonafide applicant.
Kate Maynard, Principal Planner, City of Saratoga Springs stated what we require is the owner authorization for any
application where the applicant is not the owner. On the application we have the signatures of the owners of the Horse
Show as well as Skip Carlson’s signature on behalf of the Saratoga Raceway and Casino.
Todd Fabozzi questioned the traffic circulation and parking and other issues concerned with this project.
Justin Grassi, Attorney for the Planning Board stated these are environmental impacts which would be potentially
incidental to the permit approval which the Planning Board would evaluate and potentially mitigate if they deem
necessary.
Kate Maynard, Principal Planner stated this would be SEQRA Unlisted Action, Short EAF review, Part I and Part II.
It does not trigger a Site Plan Review or Special Use.
Mr. Heller stated just on the parking side to be able to be considered a Land Disturbance we had to provide information
concerning adequate parking on the site. We did a full analysis and reviewed all the parking on the site. There is an
City of Saratoga Springs – Planning Board September 28, 2017 - Page 2 of 12
excess of well over 100 spaces available, these statistics were provided to staff. Mr. Heller stated we are not proposing
to disturb any impervious areas.
Ruth Horton questioned where the horses will be stabled.
Mr. Horton stated the casino also is providing about 800 stalls and we are in conversation with NYRA to
use some of the stalls on Nelson Avenue.
Discussion ensued regarding the facilities being constructed and removed.
Mr. Heller stated there is an electrical panel which will need to be relocated following the horse show. Concerning the
SWPPP, since we are not proposing any impervious area, the SWPPP does not require any post construction
stormwater management plan, just an erosion sediment control plan.
Bob Bristol, Acting Chair questioned if the City is in receipt of documentation supporting the use of this property.
Dave Carr, LA Group stated the entire application was reviewed and they were a part of the application process.
They are in essence a proposing this along with the Saratoga Horse Show. The casino will actually own what is being
built there.
Justin Grassi, Land Use Board Attorney, stated they would be limited to the disturbance being proposed at this time.
The applicant has submitted the Part I of the EAF to the Board.
SEQRA:
The Board reviewed Part l of the SEQRA Short EAF.
The Board reviewed Part II of the SEQRA Short EAF. No large or important areas of concern were noted.
SEQR DECISION:
Janet Casey stated that based upon the information provided by the applicant in Part I of the SEQR Full Environmental
Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Full Environmental
Assessment Form, the project will not result in any large and important impacts and, therefore, is one that will not have a
significant adverse impact on the environment. Based on this, I move to make a SEQR negative declaration for this
action.
Ruth Horton, Alternate seconded the motion.
VOTE:
Janet Casey, in favor; Bob Bristol, Acting Chair; in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor
MOTION PASSES: 4-0
Janet Casey made a motion in the matter of the Saratoga Springs Horse Show, 342 Jefferson Street, that the application
for a Land Disturbance Activity Permit be approved.
Ruth Horton, Alternate seconded the motion.
VOTE:
Janet Casey, in favor; Bob Bristol, Acting Chair; in favor; Ruth Horton, Alternate, in favor; Todd Fabozzi, in favor
MOTION PASSES: 4-0
City of Saratoga Springs – Planning Board September 28, 2017 - Page 3 of 12
NOTE:
The agenda was heard out of order awaiting the arrival of additional representation on the Board.
5. 17.053 FADEN MIXED USE DEVELOPMENT, 146 South Broadway, two-lot commercial subdivision within the
T-5 District.
6. 17.054 FADEN MIXED USE DEVELOPMENT, 146 South Broadway, Special Use permit for construction of a mixed
use facility consisting of office, medical office, retail, eating and drinking and 4 residential units within the T-5 District.
7. 17.055 FADEN MIXED USE DEVELOPMENT, 146 South Broadway, Site Plan review for construction of a mixed use
facility within the T-5 District.
Kate Maynard, Principal Planner, City of Saratoga Springs stated this project has been before the Board in the past.
The Board has provided guidance to the applicant. This project is proposed at the site of the former Ice Cream Man,
Papa John’s on South Broadway. Staff met with the applicant and consultants. Several suggestions taken into account
with the submission. Special Use Permit site plan and subdivision are required with current proposal. Tonight the
application action is limited to initiating Coordinated SEQRA Review and potential acceptance of SEQRA Lead Agency
Status. DRC is the other involved agency for this application.
Applicant: Faden Enterprises
Agent: Scott Lansing, Lansing Engineering
Mr. Lansing reviewed the project for the Board’s review. This project is 0.3 acres on the corner of South Broadway and
Ensor Street. A visual presentation of the proposed parcel was provided. The proposal is to demolish the existing
structure and the construction of a 2 story building along with site improvements. The new building is 7500 square feet in
total. The first floor to the south is an eating and drinking establishment without a drive thru and an outdoor dining area.
along Route 50. On the northern side of the first floor is proposed office, or professional medical. On the second floor
we are proposing 4 apartments. Two on the north and two on the south. We do have dumpster in the rear of the
property. We are also proposing a cross access easement across the back of the parcel in the event the other parcel is
developed there could be a future connection. The applicant is proposing an 8 foot high stockade fence to the
residences in the rear of this parcel. Civic space will be located in the front northern portion of the site. Parking was
clarified for the Board noting a shared property agreement with Mavis. We are here this evening for establishment of
Lead Agency Status for SEQRA.
NOTE:
Mark Torpey, Chairman arrived at 6:45 P.M. He assumed his position as Chairman.
Mr. Lansing continued with noting there were two issues. One was the issue of the subdivision. We are proposing
a 2 lot subdivision which basically divides the building in half. This is required by the applicant for their national tenants
as well as financing. This will be accomplished with a zero lot line down the middle of the building. As far as building
permits we do anticipate two building permits since there would be two separate lots. We are proposing individual
service for each side of the building for water and sewer. Ingress egress, parking and stormwater management there
will be a blanket easement over the paved parking areas of the parcel.
NOTE:
Jamin Totino, Vice Chairman arrived at 6:50 P.M. He assumed his position as Vice Chairman on the Board.
Mr. Lansing stated the next item questioned was the parking. The parking and the adequacy of parking.
We are proposing 28 parking spaces on the site. The eating and drinking establishment requires 12, the
offices require 10, and the apartment requires 6. An easement is in place over the southern portion of the property,
City of Saratoga Springs – Planning Board September 28, 2017 - Page 4 of 12
for 9 angled parking spaces. This is a permanent space easement. There is a parking agreement with Mavis
and the 146 parcel to the north. This allows Midas to utilize 3 spaces on 146 South Broadway parcel. This brings our 28
down to 25. The 146 parcel does have the ability to utilize all the parking spaces on the Midas parcel between 7pm to
8am. Mr. Lansing did review a proposed plan for shared parking and requested the Board to consider a parking
reduction. A bike rack has been added to the plan on the front of the parcel. Loading and unloading area is provided in
the rear of the parcel. There is one large curb cut along South Broadway. We are proposing narrowing that down and
having one curb cut on South Broadway. There would be one way in and we are proposing an additional curb cut on
Ensor Street. With the addition of this curb cut we will be formalizing the streetscape with parallel parking, sidewalks and
street trees and street lights. Landscaping plan will be submitted at the next appearance before the Board.
Stormwater integration and management will be handled on site with infiltration into the soils. Infiltrations chambers are
located on the site beneath the parking areas. Outdoor dining area will be accommodated on the property.
Renderings of all elevations were provided for the Boards review. Dark sky compliant lighting will be installed on the
property. Chazen comments are all technical in nature and will be addressed. Since our last appearance before the
Board we have had some suggestions from staff and we look forward for some feedback from the Board tonight.
Kate Maynard, Principal Planner spoke regarding the proposed bump outs. Very valuable in certain instances.
Public works is concerned regarding snow removal. There is an addition of green space but this does not provide an
area for pedestrian crossing since it is preferred to use the cross walks for safety.
Bob Bristol questioned if the Board needs to be concerned with the legality of the easement.
Justin Grassi, Attorney for the Land Use Boards spoke regarding the subdivision. The Planning Board does not have to
be concerned with private property right. In this instance there is a reason for us to look at those. There is an easement
in place to meet the parking requirements. If the Board would like counsel can review those easements, and report back
to the Board. That may be helpful for the Board.
Discussion ensued among the Board concerning the easement and the civic space requirement, and the proposed curb
cuts as well as on street parking for this project and the project proposed for the former Spa Diner.
Kate Maynard, Principal Planner stated procedurally Lead Agency Status would be determined and the applicant would
then move to the DRC for their input and suggestions and then return to the Planning Board for subdivision approval,
and special use as well as site plan review.
Todd Fabozzi made a motion in the matter of the Faden Mixed Use Development, 146 South Broadway that the
Planning Board seek Lead Agency Status.
Janet Casey seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
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: 6-0
2. 16.038 PET LODGE, NYS ROUTE 9, South Broadway, Site Plan review for 6,000 square foot pet
Boarding facility within the TRB/RR District.
City of Saratoga Springs – Planning Board September 28, 2017 - Page 5 of 12
NOTE:
Clifford Van Wagner arrived at 7:23 P.M. and assumed his position on the Board.
BACKGROUND:
Special Use Permit was issued on April 27, 2017 by the Planning board. Many considerations made were desired to be
carried into the site plan review for final consideration/details, cross access easement, stormwater management, buffer
to adjacent properties and frontage.
Mark Torpey, Chairman stated the Board is in receipt of Saratoga County Planning Board approval. No countywide or
intercommunity impact noted.
SEQRA:
SEQRA Negative Declaration issued on December 6, 2016 by the Planning Board.
Applicant: Matt Sames, owner
Agent: Jamie Easton, MJ Engineering
Mr. Easton stated we have previously discussed the site layout, lighting, stormwater management and septic
considerations, buffering and landscaping. Tonight we are looking for site plan approval.
Mark Torpey, Chairman stated we spoke about the applicant maintaining the stone wall which abuts the State Park.
Screening to the south and the addition of some trees on the site being consistent with the urban forestry plan.
Mark Torpey, Chairman asked if there were any further questions or comments from the Board.
None heard.
Jamin Totino, Vice Chairman, made a motion in the matter of the Pet Lodge, NYS Rte 9, that the site plan application be
approved.
Ruth Horton, Alternate, seconded the motion.
Mark Torpey, Chairman asked if there were any further questions or comments.
None heard.
VOTE:
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: 6-0
3. 10. 032.8 CHLOE’S WAY, Chloe’s Way/East Broadway, Subdivision modification within the UR-2 District.
Applicant: Peter Belmonte; Belmonte Builders; Homeowners of 9 Chloe’s Way
City of Saratoga Springs – Planning Board September 28, 2017 - Page 6 of 12
Mr. Belmonte stated this is a request for a modification to the approval received from the Planning Board sometime in
December 2016-January 2017 time frame, regarding the no cut buffer in Phase I of Chloe’s Way. In 2010 Steve Ethier
owned the land and presented to this Board a project which was approved consisting of 31 single family detached
homes on a street called Chloe’s Way immediately off of Broadway backing up to the State Park land. As part of the
approval there was a discussion regarding a SWPPP and the need for a SWPPP. Mr. Ethier did not file a complete
SWPPP and the then City Engineer Mr. Male determined this was under the acreage requirements for a full SWPPP. All
the land was classified as no cut land. In 2015 Mr. Ethier began the project, the roads went in and trees went down.
We came in and purchased 10 lots in Phase I. In 2016 it was realized by the City Engineer that there was a violation
and more trees were removed in Phase I and partially into Phase II. This was a violation to the no-cut buffer had taken
place. Mr. Wales had issued a violation notice in response to the tree removal. We had many conversations with the
Planning Department and City Engineer. That brought us to the December/January meeting. The Board had issued an
approval to re-naturalize the lots in question equivalent to what disturbed. We worked with Planning to determine
species of re-naturalization and the proper marking of that space. Since then we have performed that re-naturalization in
8 of the 10 lots in Phase I. As part of the requirement 4 of the lots in Phase II have to be done supposedly prior to
tonight. Due to our planned request to return before the Board that re-naturalization of those 4 lots have yet to be done
pending tonight’s decision. In the period of time from December and January timeframe to in August when we were able
to get signed copies of the plans from the City Engineer two of the homeowners have proceeded to landscape their
yards, unbeknownst to them. Patios and landscaping were put in. These patios and landscaping are conceptually in
violation of the area that was going to be naturalized. We have been working with the City Engineer and the
homeowners to come up with a plan in place of asking those homeowners to rip out the beautiful job that they did.
How can we rearrange the naturalized area around their home to maintain the same amount of naturalized area but not
in the exact place it was originally intended. We were requested to return before the Board to modify the plans on Lots 7
and 9 and present a more friendly re-naturalized plan to prevent further violations. It is our proposal tonight per the City
Engineer and the Planning Department that the rear 10 feet of the lots naturalized areas. It our proposal on these 75 ft.
wide, and create 740 sq ft per lot in a crescent shape area on the sites in Phase I and four sites in Phase II. This is the
same concept which has been approved. Permanent demarcation will be place on the back of the property identifying
the no cut buffer as well as deed restriction placement.
Mr. Belmonte provided a visual map of the site for the Boards review as well as the area of violation.
Kate Maynard, Principal Planner stated she had received a telephone call from an official from the State Park inquiring
what is transpiring on Joshua right now. They did express concern regarding the cutting on this site and the
maintenance of the buffer on the side abutting the state park. This is something we are hearing from other property
owners as well.
Clifford Van Wagner stated he would like to see the City send a letter to Steve Ethier certified mail, return receipt
requested reiterating the conditions placed on the subdivision.
Kate Maynard, Principal Planner stated perhaps in this modification specific conditions for a no cut buffer can be
reiterated as well as its location. Also, signage and physical marking of that area will be required.
Mark Torpey, Chairman stated the buffer along the State Park is very important to maintain.
Discussion ensued among the Board concerning how to ensure the no cut buffer remains and how
to re-naturalize the areas affected as well prevent further clear cutting.
Mark Torpey, Chairman asked if there were any questions or comment from the Board.
None heard.
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
City of Saratoga Springs – Planning Board September 28, 2017 - Page 7 of 12
Tony Casterona, 9 Chloe’s Way. We closed on the property on January 23, 2017. This has been difficult.
This has been our dream to come and live in Saratoga. We had no idea about no cut buffers. Very stressful
situation for my wife and I. We are hoping to come to a resolution.
Kate Maynard, Principal Planner stated there are deed restrictions.
Jamin Totino, Vice Chairman stated this is not the homeowners issue. This is an issue which exists throughout the city.
I am fine with the new configuration and it’s a good plan.
Janet Casey stated she also agrees with Jamin.
Mark Torpey, Chairman asked if this can be a part of the modification.
Justin Grassi, Attorney for the Land Use Board stated what we are dealing with is a subdivision modification.
That would be permitted as long as the owner is part of the application process. The applicant would be both Mr.
Belmonte and the owners of the subdivision properties.
Mark Torpey, Chairman stated we are stating that the other co-owner will be notified that there are specific restrictions on
the buffer which have been articulated which he needs to adhere to.
Justin Grassi stated those restrictions are specifically for what is proposed this evening.
Mr. Belmonte stated there are 10 lots in Phase I and 4 lots in Phase II which will be per this drawing as illustrated.
There is 20 lots in Phase III, and the balance of Phase II. Deed restrictions of 25 feet in a straight line remains in effect
until someone comes back to the Board and asks to consider modification.
Mark Torpey, Chairman stated that is correct.
Clifford Van Wagner made a motion in the matter of the Chloe’s Way, East Broadway, Subdivision modification
be approved.
Ruth Horton, Alternate seconded the motion.
Mark Torpey, Chairman asked if there was any further discussion.
None heard.
VOTE:
Janet Casey, in favor; Clifford Van Wagner, 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
8:02 P.M. The Board recessed.
8:09 P.M. The Board reconvened.
4. 17.036.1 MANEY MULTI-FAMILY, 18 Cherry Street and 38 Marvin Alley, consideration of SEQRA Lead Agency
status and coordinated SEQRA Review for multi-family residences in the Urban Residential-4 (UR-4) District
City of Saratoga Springs – Planning Board September 28, 2017 - Page 8 of 12
SEQRA:
Action is a Type I due to proximity to National Historic District (East side of Marvin Alley) Coordinated review with the
ZBA. ZBA pro-actively deferred SEQRA Lead Agency status to the Planning Board, Part I has been updated to reflect
revised proposal.
BACKGROUND:
In ZBA’s correspondence pro-actively deferring lead agency, they noted “initial concerns relating to the increase in
density (maximum 9 units permitted, 14 units proposed), mass and scale and height of structures within the context
of the neighborhood, and the fronting of one of the buildings on Marvin Alley (4.5’ from property line). The ZBA also
identified general site concerns of suitability of Marvin Alley as two-way access.
Mark Torpey, Chairman stated the Planning Board considered this application at its July 27th meeting and offered
guidance which applicant notes in their narrative they have attempted to comply with their current revised proposal. The
proposal has changed from last review before Board, units have been reduced to 8 total townhome units, required
variances still, but different from original request.
Clifford Van Wagner suggested the applicant appear before the DRC for their input and guidance on this project.
Kate Maynard, Principal Planner stated the Board did receive updated correspondence from the Saratoga Springs
Preservation Foundation.
Applicant: Anthony Maney
Agent: Jon Lapper; Attorney; Ben Naciverra, Project Architect; Jeff Anthony, Architect
Mr. Lapper stated the Board did provide some very specific advice when the applicant last appeared before the Board.
We have dramatically changed the project to what the Board wanted. When we were here last time it was too large, 14
units which required a density bonus, one building was 4 stories high and the other was 5 stories high. The Board
requested the applicant look at townhouse designs. We dropped the number down to 8 units, below what is permitted
and we think in terms of historic fabric the brownstone looking units are more compatible to the area. You also
requested the applicant look at parking on Marvin Alley. We have eliminated that and the buildings now look onto Marvin
Alley and all of the traffic will use Cherry Street. There is a partial loft area on the back and rooftop gardens and green
areas. Full sidewalks and street trees were also added to all the properties that we own. We have addressed the
pedestrian issue as well.
Mark Torpey, Chairman stated the Board requested the garages not face Marvin Alley and the Preservation Foundation
suggested just the opposite. This would be a great area for the DRC to provide input to us.
Discussion ensued among the Board concerning the garages and parking and where the buildings will face.
Ben Naciverra, HCP Architects stated what you are looking at is drastically different from what was originally proposed.
Not only in reaction to density, mass and scale we also proposing 3 distinct brownstone looking homes. The buildings
features reflect that of a historic home. We are paying respect to some of the Franklin Square apartments and the
architecture as well as the windows and their proportions and the building’s roof gardens and other green features. All
long lasting materials are proposed. Floor plans were provided for the Boards review.
Jeff Anthony, Architect, Studio A, stated the site plan has drastically changed from the last submission. One building is
facing Cherry Street. All front doors are facing a street in this proposal. Each town house has 2 parking spaces within
the garage and 2 surface parking spaces outdoors. Green space is also proposed on the roof.
City of Saratoga Springs – Planning Board September 28, 2017 - Page 9 of 12
Mark Torpey, Chairman requested the number of spaces required in the district.
Kate Maynard, Principal Planner stated 1 ½ spaces per unit. Exceeding parking by 20% requires a waiver.
Mr. Anthony stated this will be a semi gated community. Steel picket fence will go around the property. The fronts of the
buildings will not be fenced. Street trees and street lights as well as sidewalks and streetscape amenities. Rooftop
terraces are proposed as well.
Discussion ensued among the Board concerning the proposed gating of the site.
Mr. Maney stated this is basically for security purposes, and for some privacy.
Janet Casey stated she did walk the property again noting why from the applicant’s perspective the townhomes on both
sides would give this an aesthetic unity and also a sense of community. The Marvin Alley context is different from the
Cherry Street context. Marvin Alley has older homes and is more established. Cherry Street is changing more rapidly.
Do those pieces have to look the same or could they be quite different to fit into those two contexts. I am interested
in what the DRC has to say.
Mark Torpey, Chairman stated it will be helpful if we provide the DRC with Janet’s comments along with requesting
their review concerning the gating of the property and a sealed off driveway.
Janet Casey, also questioned the garages and the placement on Marvin Alley especially the build to line.
Mark Torpey, Chairman asked if there are any questions or comments from the Board.
Jamin Totino, Vice Chairman stated he likes the direction the applicant is going in. This is far better than the first plan.
Living in this neighborhood for many years, he noted there are a large number of townhouses in this area. When you
think of townhouses you think of street life and to create and promote activity on the street, in this case an alley. The
comments about leaning toward the carriage house design is excellent. The thing that is missing are porches. A place
where people can have a place to sit and enjoy the street. That may balance out the gate piece of it and the interior
community. If you don’t have anything on the street to engage with all the parking is in the back and they will never use
their front doors.
Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application.
None heard.
Bob Bristol made a motion in the matter of the application of the Maney Multi Family, 18 Cherry Street and 38 Marvin
Alley, that the Planning Board accept Lead Agency Status for SEQRA.
Jamin Totino, Vice Chairman seconded the motion.
VOTE:
Janet Casey, in favor; Clifford Van Wagner, 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
17.057 CERRONE SUBDIVISION, Old Schuylerville Road, two-lot residential conservation subdivision within the
RR District.
City of Saratoga Springs – Planning Board September 28, 2017 - Page 10 of 12
BACKGROUND:
Mark Torpey, Chairman stated a conservation subdivision is required in the RR district. This project is 4.4 acres; the
applicant is looking for a 2 lot conservation subdivision. In looking at the drawings the steep slopes seem to be the
areas you are articulating as the key areas of restraint.
Kate Maynard, Principal Planner stated this project is in the Rural Residential Area requiring a conservation subdivision.
Planning Board is required to complete a conservation analysis of the property looking at the site holistically before
reviewing the siting of future structures and layout specifics. Steep slopes are cited on the “conservation analysis plan”.
Applicant: Cerrone Builders
Agent: Matt Steves, Van Duesen and Steves, Land Surveyors; Tom Centers, Hutchins Engineering
Mr. Steves stated this property is located on the south side of Old Schuylerville Road. Mr. Steves provided a brief history
of the project noting the area in question was used by the former owner in his excavating business. A lot of the material
here is fill and other materials he used over the years. Part of the project is to loosen up the soil back there to
create some nice growth in there. The property that remains is 4.4 acres and we are requesting a two lot conservation
subdivision. We would like to work with the Board to get the best possible scenario for this. We have some aerial
photographs noting the flat terrain in this area. In the front there are some fairly new trees and vegetation.
Mark Torpey, Chairman stated one of the areas we are to review in our conservation subdivision are steep slopes.
So is the presence of the steep slopes on this property due to the excavation being dumped on this property in the first
place, so it is not really a natural part of the property at all?
Mr. Steves replied that is correct.
Mr. Centers reviewed the aerial view of the property as of 2014 and some history of the site, noting the road into the site.
Mr. Cerrone’s home sits atop a berm. This area in the front has been almost completely cleared. The entire backside of
the area in question has been cleared. The applicant has verbally stated their intent to plant some form of vegetation on
the front. The middle portion has remained intact but the front and rear portions have been moved around a little.
Clifford Van Wagner questioned what are acreages of the lots on either side of the area in question.
Mr. Steves stated they are all around the 2 acre size. Across the street they range from 32,000 square feet and up.
They vary quite a bit.
Clifford Van Wagner stated he needs to be convinced why this lot needs to be subdivided at all. Are we trying to do too
much on this site.
Mr. Centers provided some information concerning the area in question and how the applicant proposes to add
vegetation and use the property thereby setting aside a portion of the site for conservation.
Mr. Steves provided a preview of the type of homes proposed on these two lots remaining in context with that of the
neighborhood. The goal here is to create buffers and re-vegetate these lots and screen them from the road.
Mark Torpey, Chairman stated he appreciates what the applicant is trying to do by retaining what is in the rear of the site.
What is bothering me is the steep slopes you have defined as being constrained are all artificially created by loading
what was excavated being dumped there.
Mr. Steves stated not all of it, along the westerly portion which wraps around with a road installed will remain. We are
not trying to remove those trees. We want to retain all the old growth trees and some of the new trees as well as replant
City of Saratoga Springs – Planning Board September 28, 2017 - Page 11 of 12
The front and sides and some in the front too.
Ruth Horton, Alternate questioned the possibility of a shared driveway in this area to reduce the pavement and curb cuts.
Jamin Totino, Vice Chairman stated this is a challenge. He agrees with Mark on what actually is being conserved.
Mark Torpey, Chairman requested the applicant provide information on the natural steep slopes. Not those that were
manufactured. This would be valuable information to begin our analysis.
Jamin Totino, Vice Chairman requested more information on the area in question. It appears you are trying to create
and plant an area to be conserved instead of conserving something which exists.
Mr. Steves stated we are here for information so we can preserve the areas of the steep slopes on the site.
Jamin Totino, Vice Chairman provided some input from the State on some guidelines for a conservation analysis.
Discussion ensued concerning the guidelines and recommendations of a conservation analysis.
Mark Torpey, Chairman stated the Board has to make a determination on what method would be optimal to improve the
rear of this property.
Kate Maynard, Principal Planner stated she can think of a few people to reach out to perhaps reaching out to Blue Neils
as well as the DEC and obtain their input.
Clifford Van Wagner requested the applicant to use flags to delineate the corners of the property in question as well as
the proposed driveway location and the proposed septic.
Discussion ensued concerning the conservation easement.
Mr. Steves stated we will return before the Board with additional information and provide an updated analysis.
APPROVAL OF MEETING MINUTES:
Approval of meeting minutes was deferred to the October 12, 2017.
MOTION TO ADJOURN:
There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 9:20 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 12/14/17
City of Saratoga Springs – Planning Board September 28, 2017 - Page 12 of 12
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