Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, NOVEMBER 9, 2017 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:08 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman, Jamin Totino, Vice Chairman, Janet Casey, Bob Bristol, Ruth Horton, Todd Fabozzi ABSENT: Clifford Van Wagner; Amy Durland STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Tim Wales, City Engineer Justin Grassi, Counsel to the Land Use Boards Mark Schachner, Counsel to the Land Use Boards exited the meeting at 7:00 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: 16.025 MENDENHALL SUBDIVISION, 101 Old Schuylerville Road, 4-lot preliminary conservation subdivision within the Rural Residential (RR) District. 13.031.4 RIP VAN DAM, 353 Broadway, site plan modification within the T-6 District. 17.063 WASHINGTON STREET HOTEL & SPA, 19-23 Washington Street, site plan review for construction of 62,567 square foot Hotel & Spa within the T-6 District. 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. 17.061 STATION LANE APARTMENTS, (ASKEW), Station Lane, Special Use Permit for 36 multi-family residential units within three proposed structures within the Transect-5 Neighborhood Center (T-5) District. COMMENTS FROM THE CHAIR: WOODLAWN OVAL (WESLEY HEALTHCARE) – Administrative action proposed for additional sidewalk connection and reconfiguring/addition of 3 spaces. ACTION BY CHAIR: APPROVED WILLIAMS LOT LINE ADJUSTMENT – Merging of 2 parcels into 1. ACTION BY VICE CHAIR: APPROVED UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, November 27, 2017 at 4:00 P.M. Planning Board Workshop, Monday, November 27, 2017at 5:00 P.M. Planning Board Meeting, Thursday, November 30, 2017 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. S A. APPLICATIONS UNDER CONSIDERATION: 1. 17.060 ARGENTI TOURIST HOME, 47 West Harrison Street, Site Plan Modification within a Trasect-5 Neighborhood Center (T-5) District. Applicant: Nicholas Argenti Agent: William Sprengnether, Cardinal Direction, LA SEQRA: Action appears to be a Type II action, no further environmental review required. BACKGROUND: Mark Torpey, Chairman stated this is before the Board for a Site Plan Modification in the T-5 Neighborhood Center District with regard to secondary ingress and egress for the upstairs apartment. We have had some discussion with our attorneys with regard to this being on the agenda. Kate Maynard, Principal Planner, City of Saratoga Springs provided input on this application. There are actually two applications for review concerning the subject site. One which the Board has not seen yet is a Special Use application for a new use for a Tourist Home. The City is currently drafting legislation on this very topic. Conversations have been had with the City Attorney and Public Safety. There was discussion with the applicant concerning this current application. This parcel is in a district which this type of application can be put forth for consideration by the Planning Board for a Special Use Permit. The applicant did agree noting that the City is currently drafting legislation on this very topic to stay the application and wait until the legislation could move forward. Tonight Site Plan Modification is before the Board for the permitted use at the site not the Tourist Home use. The original use was for one residential unit and office use at the site. The parking corresponds with that use on the site. You are looking at the proposal for the emergency egress stairs as well as a slight adjustment in parking and landscaping on the site in question. There is a current cease and desist order on the subject parcel. There is some neighbor communication. As a result of conversations with the Building and Fire Departments as well as legal counsel within the city, it was determined that the applicant provide written communication from the owner stating that there is no further activity in accordance with the cease and desist order on the second floor of the structure. This information was provided. Mark Torpey, Chairman stated the Board has the opportunity to review and remedy this current fire safety issue. Kate Maynard, Principal Planner stated the current permitted use is per the 1989 Use Variance which allows for a residential use and professional office at the site. Agent: Bill Sprengnether, Cardinal Direction LA; Mark Chauvin, Attorney Mr. Sprengnether stated one other piece of information is the cease and desist order was due to violations which were City of Saratoga Springs – Planning Board November 9, 2017 - Page 2 of 17 from the previous owner who removed the interior stairway. When Mr. Argenti purchased the property it was not up to code and this exterior stairway is the remedy for that situation. A visual presentation of the proposed site plan was provided to the Board one which is the existing situation and one which is the proposed which has been designed by SD Atelier Architecture. There have been a few comments and concerns which have come up with regards to the proposed design. At the workshop there were two comments concerning the site plan – one is the parking should not extend beyond the façade of the building. The second one is we should add more parking area so that we can pull the handicap parking closer to the north so it is not protruding into the drive aisle. The proposal eliminates the asphalt for green and some arborvitaes for screening. Pulling the asphalt so it is in line with the building and the new asphalt area shifts the parking a little to the north providing a clearer drive aisle. There was also a concern that we had included in the parking calculation the adjacent on street parking. The 1989 Area Variance granted was for the use and the number of parking spaces. We are required to have 4 parking spaces. We have 3 on site and 7 adjacent. Currently the second story cannot be unoccupied since it does not have a secondary means of egress. Mark Torpey, Chairman questioned if the property is in compliance with lights and trees etc., within the T-5 District. Kate Maynard, Principal Planner, City of Saratoga Springs questioned the agent for the applicant to ensure that the property is in conformance. The Board should consider that the property be in conformance to requirements for site plan in the T-5. Mr. Sprengnether stated this did not come up before; however, he will visit the site tomorrow noting the elements the Board requires for Site Plan. Mark Torpey, Chairman asked if there were any questions or comments from the Board. Todd Fabozzi questioned the materials to be used for the stairs. Mr. Sprengnether stated they are designed as wood stairs with metal handrails. Code Enforcement has noted some concerns regarding fire escapes being metal. The architect has indicated that the International Building Code allows for two story buildings to have wooden exterior stairs. That is the code that they used. They will continue that conversation with Code Enforcement. The site plan will remain the same whatever the materials are for the stairs. Kate Maynard, Principal Planner, City of Saratoga Springs stated this will ensure the applicant does meet code requirements. Ruth Horton spoke regarding the Cease and Desist Order and the applicant was flagrantly disregarding what was supposed to be happening in this building based on what we are seeing from correspondence from the neighbor. It is worth noting for the record and she is not happy with that. PUBLIC COMMENT: Charles Pinckney, 41 West Harrison Street. Concerning the flagrant disregard of the Cease and Desist Order, as of Sunday this property was not in compliance. It was rented on Sunday of this week. The law was broken. It would be important to hold the owner more accountable. He has not been in compliance with the way he has been handling this property over the last 3 years. I believe Mr. Shaw and Mr. Izzo should be in attendance at this meeting. They need to opine on how this property has been used and will be used. It is disconcerting with the type of tenants at this building. This is something we should take note of. The law has been broken here and this is an integral part of this application. Mark Torpey, Chairman questioned if the Board could move forward with remedying the safety issue but also make a comment on the record officially that it would be prudent for the Zoning Officer to pay particular attention to this application and the concerns raised by the neighbors. City of Saratoga Springs – Planning Board November 9, 2017 - Page 3 of 17 DISCLOSURE: Justin Grassi, Counsel for the Land Use Boards will not advise on this application due to prior involvement in this matter at a former law practice. Mark Schachner, Counsel to the Land Use Boards stated the Board can do that. Essentially it is an editorial comment. Keep in mind that this is not an enforcement board. It is important to maintain the separation and contrary to the public comment if you authorize the site plan approval that does not grant approval for rental on the second floor. Charles Pinckney, questioned if the Board could make a contingency approval based on evidence that there is no intent to rent the property illegally. Mark Schachner, Counsel to the Land Use Boards stated you cannot regulate intent you can regulate use. Charles Pinckney, questioned if an application was before the ZBA and they were going through something like this blatantly breaking the law would that be on the record. Mark Schachner, Counsel to the Land Use Boards stated it can be mentioned on the record but the ZBA is no more an enforcement arm of the city than the Planning Board. Important conversations and important issues not enforcement Boards. Kate Maynard, Principal Planner, City of Saratoga Springs stated there is a written provision in the zoning ordinance that if there is a current unresolved written violation by the Zoning Officer that is not the subject of the proposed application that would be when the Planning Board would not accept the application for review. Charles Pinckney stated the property was not compliant on Sunday. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. Jamin Totino, Vice Chairman stated he is concerned about the Site Plan as well. The materials proposed and the size of the proposed modification could change and if they are accepted or not accepted would change the site plan, therefore it would not be accurate. Kate Maynard, Principal Planner, City of Saratoga Springs stated this application will be reviewed concerning the code compliance issue as well as reviewed by the DRC for architectural review. Mark Torpey, Chairman stated there are a few items which the Board would place as contingencies on the Site Plan Modification which would need to be adhered to in order for the application to move forward. Bob Bristol stated he has never approved a project without having information ahead of time. I would have trouble doing that tonight as well. Mr. Sprengnether stated if Code Enforcement Officer required a different material for the stairs the applicant would then change the materials to one that is acceptable. Mark Torpey, Chairman stated it is his inclination to remedy safety and security issues and the details around that. The other issues are a subsequent topic. Matt Chauvin, Attorney for the applicant stated that caveat that you referenced is probably the mechanism by which this can be done. Several members of the Board have articulated concerns over materials and this would give them some semblance of level of comfort. The application before this Board and the DRC references wood stairs. That is the intention based on our architect’s review of the code. We would proposed to request an approval as the application is City of Saratoga Springs – Planning Board November 9, 2017 - Page 4 of 17 presented with wood stairs with the understanding that we would make the commitment to this Board to be zoning compliant with the Zoning Officer’s determination and if a material change would be required the applicant would be willing to make that change. Mark Schachner, Counsel to the Land Use Boards stated to take this a step further our advice would be if the Board heads toward approval, any approval have an express condition that wood stairs be permitted but only if the City’s code office agreed that wood stairs are allowed. Mr. Chauvin stated a change to metal is required; a change in the site plan might be required. Mark Torpey, Chairman asked if there were any further questions or comments. None heard. Mark Torpey, Chairman stated there are several contingencies – one is that the material proposed is wood, however, that requires further discussion with Code Enforcement Officer and the Building Inspector to determine if that is appropriate. The applicant has agreed to conform to code. Secondly, dimensional changes metal versus wood might require a return before the Planning Board. Using boxwood treatment versus the arborvitae. Street lighting and street trees in conformance and compliance with the code as well. The Board would like to state that the property and uses be reviewed by the Code Enforcement Officer based on the neighbors input relative to what is transpiring on the site. Jamin Totino, Vice Chairman made a motion in the matter of Argenti, 47 West Harrison Street that the application for site plan modification be approved with the conditions as noted by the Chair as well as complies with all City regulations. Mark Torpey, Chairman stated we do think it would be appropriate that this application adheres to all city codes and regulations. Charles Pinckney stated the property was not compliant on Sunday. If there was a written violation would that preclude the Board from hearing this application. Mark Schachner, Counsel to the Land Use Boards stated the answer to your questions would be no, especially if the Board were looking to remedy the situation. Charles Pinckney questioned the vacation rental being in violation as well as the stair egress issue. Mark Schachner, Counsel to the Land Use Board read the following information 7.2.5B which states the Planning Board shall not accept any application for site plan review for any parcel which has an outstanding written violation from the Zoning Officer that is not the subject of the application. Kate Maynard, Principal Planner, City of Saratoga Springs regarding the landscaping in the front. The applicant may wish to consider different materials such as boxwoods or arborvitae due to the close proximity to the street. 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, abstained; Ruth Horton, opposed; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor City of Saratoga Springs – Planning Board November 9, 2017 - Page 5 of 17 VOTE: Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, abstained; Ruth Horton, Alternate, opposed; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 4-1-1 Mark Schachner, Counsel to the Land Use Board spoke regarding the neighbor’s comments and concerns. We have never faced an application previously like this application. 2. 17.027.1 STATION PARK (TOP CAPITAL) MIXED USE DEVELOPMENT, Washington Street/Station Lane SEQRA review within the Transect-5 Neighborhood Center (T-5) District. BACKGROUND: Project last seen by the Planning Board on September 14, 2017. Additional materials provided include: updated EAF, updated site plan and subdivision plan as well as a detailed traffic study. At the last meeting the Board did review SEQRA Part II but did not complete the entire review. Traffic was an issue with a particularly large impact. At the workshop I questioned if the DRC has weighed in on this application with regard to SEQRA. This Board has not formally requested the DRC for an Advisory Opinion. We would like to focus on transportation this evening, the phasing of the project, stormwater management, civic space and the green belt trail. . SEQRA: Action appears to be a Type I with DRC and ZBA also involved agencies. Both have proactively deferred lead agency status to the Planning Board. The Planning Board accepted SEQRA lead agency status on April 27, 2017. Applicant: Top Capital Agent: Don Minnery, Emily Gardner, Saratoga Associates, Steven Ferrante, SRF Engineering; Devin Del Pos and Lou Giardino, Top Capital Mr. Minnery stated that applicants are before the Board this evening for SEQRA Negative Declaration approval. There are several issues which we have information to provide to the Board and those are utilities, site plan review and traffic analysis which will be reported on this evening. Concerning the EAF report, archeological studies have been completed. There is nothing on the site. Soils and stormwater, our geotechnical engineer reviewed the site and the soils. As previously noted the soils are good in this area and provide great drainage and infiltration which exceeds NYS standards. There were two issues with utilities. One is the pumps were not working as they should be and also a question about a force main and the possibility of it being replaced. The LA group has been doing more investigation concerning the pumps and flow rates and Mike Ingersoll will speak to that later this evening. We believe it’s the pumps need to be replaced not the force main. At our meeting two weeks ago in the office there was an agreement with all four developers that they will pay their fair share based upon cost sharing for projected flows based on occupancy and use. The site plan was reviewed for the Board with a visual presentation noting 2 senior housing units, 2 independent living and 2 assisted living. 2 market rate condos with parking below. A pool spa building. A 110 room hotel building, and a number of town house units. A number of variances will be required concerning the build to and build out. Also a height variance will be requested concerning the height of the hotel which will be before the ZBA. Todd Fabozzi questioned how the primary street is determined, as well as the civic space. Kate Maynard, Principal Planner, City of Saratoga Springs stated in the transect zone there is a provision which looks to the higher traffic count determines the front of the structure. City of Saratoga Springs – Planning Board November 9, 2017 - Page 6 of 17 Mr. Minnery provided a visual presentation of the green space and the proposed civic space on the site. Mark Torpey, Chairman reiterated for the record the greenbelt trail and easement will be provided as well as a right of way the applicant will built the green belt trail. Mr. Minnery stated you are correct. Steve Ferrante, Principal Transportation Engineer, SRF Associates. Tonight’s presentation will focus on the November 6, 2017 letter issued by Chazen. A response was prepared to that review and was issued to Chazen today. Mr. Ferrante stated the project will be completed with 4 Phases. - Phase 1- Senior Residential – Senior Assisted - Phase 2-Hotel - Phase 3-Residential Retail - Phase 4-Town Homes Mr. Ferrante provided a visual presentation and graph of the proposed traffic volumes both AM and PM. The study intersections were observed during both peak intervals to assess current traffic operations. Signal timing information was obtained from the NYSDOT to determine peak hour phasing plans and phase during each interval. This information was used to support and/or calibrate capacity analysis models described in this report. We commend the thoroughness of the report from Chazen and we are working closely with them. We are largely in agreement with those comments with a few exceptions and our comments have been forwarded to them as of this date. Mr. Ferrante reviewed the following: -Existing highway system reviewing the area roadways and traffic volumes. -Pedestrian Facilities -Bicycle and Trail Facilities -Transit Train and Trolley Facilities -Existing Traffic conditions – peak intervals and existing traffic volume data -Future Area Development and Local Growth -Proposed Development -Sight Distance Requirements and Measurements -Projected Trip Generation -Site Traffic Volumes -Full Development Volumes -Capacity Analysis/Roundabouts -Queuing Analysis -Transportation Mitigation Approach -Seasonal Operations -Complete Street Considerations-Internal Features/External Connectivity -Transportation Demand Management Recommendations Mr. Ferrante stated this traffic study identifies and evaluates the potential traffic impacts that can be expected from the Proposed Station Park Development located between Station Lane and Washington Street in the City of Saratoga Springs as described in this study. The results of this study determine that the existing transportation network can adequately accommodate the project traffic volumes and resulting impacts to study area intersections, with the mitigation recommended. The following listing sets forth the conclusions and recommendations based upon the results of this analysis. -The proposed Station Park development is expected to generate approximately 91 entering/86 exiting new vehicle trips during the weekday AM peak hour and 126 entering/114 exiting new vehicle trips during the PM peak hour. City of Saratoga Springs – Planning Board November 9, 2017 - Page 7 of 17  -A Monitoring and Mitigation Implementation Plan (MMIP) is recommended. The applicant agrees to fund and conduct a follow-up snapshot of traffic conditions after Phase 2 Development to better determine the potential needs and mitigation. -A Transportation Demand Management Plan is recommended for all of the pending and proposed developments in this area in order to reduce site generated traffic volumes as a form of mitigation for these projects. -Complete Street enhancements are recommended. -Potential Land Use Changes – Based upon the results of the Post Traffic Study performed after Phase 2 of the Station Park MMIP, if the future retail component causes significant changes and drops in the Levels of service, a change in land use mix to one with less traffic generation and impact is recommended. -Signal timing optimization is recommended at the West Avenue/Church Street intersection. Signal timing optimization combined with area-wide TDM strategies will provide acceptable operating conditions at this intersection. -No mitigation is warranted or recommended at the West Avenue/Station Lane intersection as a result of the proposed Station Park Development. A single lane roundabout was evaluated and results in a Level of Service “F” with long delays and queues for the northbound approach. Hence, an additional northbound lane is required to provide acceptable roundabout operations. In sufficient right of way exists to construct this roundabout. -A southbound right turn lane is required on West Avenue at Washington Street to mitigate impacts from background developments already approved and the three additional pending projects located within the study area. No additional mitigation is required or recommend as a result of the proposed Station park development. A signal lane roundabout was evaluated at the West Avenue/Washington Street intersection and the results indicated a Level of Service “F” on all approaches with very long delays and queues. A two-lane roundabout would provide acceptable operating conditions but exceeds the existing right of way. In addition to the TDM strategies mentioned previously, the signal will require phasing and timing optimization. Satisfactory levels of service can be achieved with this mitigation. Mark Torpey, Chairman stated he appreciates Mr. Ferrante addressing all the comments from Chazen, however the Board has received many comments from the Complete Streets Advisory Board we have proactively asked for their thoughts. They mentioned additional treatments to secure pedestrian bike access across West Avenue and the West/Washington Street intersection. Changing the padding and the stripping at that location. They asked if the Level of Service analysis consider the Level of Service Call at the intersection. Mr. Ferrante stated yes it has been taken into consideration. Todd Fabozzi stated the recommendation was made at Station Lane and West Avenue to do nothing. I was going to propose a pedestrian call at this location. Mr. Ferrante stated this is an option for the future. Discussion ensued concerning the traffic volume and pedestrian safety. Mr. Minnery, Saratoga Associates stated their proposal is to return before the Board two years after the project is completed to do another evaluation of the traffic. Janet Casey questioned the reason why elevated walkways have not been taken into consideration as an option. These would go over and solve some of the pedestrian issues. Mr. Ferrante provided information concerning the appropriateness of several mitigation suggestions. Mark Torpey, Chairman questioned if the applicant is willing to set monies aside in abeyance for future traffic mitigation measures. City of Saratoga Springs – Planning Board November 9, 2017 - Page 8 of 17 Mr. Ferrante stated the answer is yes. Kate Maynard, Principal Planner, City of Saratoga Springs stated there have been many conversations regarding traffic and the four projects and looking at the alternatives. The very important next step is once the Board has reached a level of certainty as to what you want to do, the question is how does this get done, what are the turning points and how does this get nailed down and assessed throughout. A lot of these projects we have not gotten to the inside of things. I recommend asking each project what is being required, and how this will be enforced throughout. Station Park has reiterated that these items will be implemented all of the items shown. The Board may wish to have a backup plan looking at specific triggers, what happens when. I have a phone call into Lorinda Tennace of DOT. She has all the documentation provided to her and I will be speaking to her in the very near future. Mark Torpey, Chairman questioned if the applicant can provide a Memorandum of Understanding with the cost and how these funds will be held in escrow and lay this all out so that we can look at this as a final recommendation that the Board can react to. Tim Wales, City Engineer stated we have problems when things get pushed off down the road. So my feelings are improvements need to be made now so we do not have problems down the road. We need those left turn lanes in this location and all the way to West. We will want to see those improvements now. Mr. Minnery spoke regarding the Chazen recommendations to improve the quality of life in this area which were accepted by the applicant and SRF. We have come up with solutions both for people outside and inside the new development proposed. We have the costs which will change as we go further into the project and the applicant is absolutely committed to paying for those. Mr. Minnery also requested the Board consider reviewing Part II of SEQRA. Mark Torpey, Chairman thanked Mr. Ferrante for the completeness and thoroughness of his traffic study presentation. PUBLIC COMMENT: Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman stated he is not ready to consider a SEQRA determination this evening because he would still like coordination from DOT and information from the City Engineer. Also, the Board would benefit from the DRC looking at all four projects as they are configured and provide the Planning Board with an Advisory Opinion to help the SEQRA process concerning the layout and interaction of all the structures and get the benefit of their expertise. It would be helpful if the applicant could provide a mitigation sheet of what they will provide in the beginning and following each Phasing. Also a list of mitigation measures to be provided if certain thresholds are met. Bob Bristol stated certainly the presentation tonight was excellent. We really need a summary documentation of this rather than trying to reconstruct it. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. Todd Fabozzi also stated the presentation was great. One thing which is unclear is the biking side of things and the connections to the Green Belt Trail and the safest way to bike in this neighborhood. Kate Maynard, Principal Planner, City of Saratoga Springs spoke regarding bike lanes externally, some of the reduction in the level of service, and additional cars on the external streets. We are trying to create a true neighborhood center here is a valid question. We might want to see a treatment on Washington Street for example. There are potential City of Saratoga Springs – Planning Board November 9, 2017 - Page 9 of 17 alternatives we might have to look at. They might not fit on the pavement width we might need to look off road treatment. Jamin Totino, Vice Chairman stated there are 72 residential units with the high school right down the street. Bike access is important. Janet Casey seconded what Todd stated. There is just tension between having a bike share hub and not having a bike lane to drive the bikes. That to me needs to be settled somehow. Some options of what we can do here would be helpful. Kate Maynard, Principal Planner, City of Saratoga Springs stated what we are saying is that engineering needs to take a look at this for SEQRA. Discussion ensued among the Board concerning bike lanes, and bicycle safety. Mr. Minnery spoke regarding several option possibilities in this area for bicyclists. Mark Torpey, Chairman spoke concerning SEQRA and his opinion as to why he wishes to wait for DRC input. It is our job to do coordinated review on this very large project. Mr. Minnery stated Top Capital is under pressure to move forward with this project. Bob Bristol spoke regarding the responsibilities of the Board and their intention of reviewing all impacts of this project. Jamin Totino, Vice Chairman stated he agrees with the Chair and would like to wait for SEQRA review and determination. Still has some reservations concerning the intersection and the widening of this intersection. There are major intersections on the West Side adjoining one of the biggest projects we have seen in the City for quite some time. It is wise for us to take our time. Janet Casey agrees with the Chair and Vice Chair. I also agree with what Bob said that we don’t have any enforcement mechanisms. I would prefer to have our i’s dotted and our t’s crossed before we move forward. Discussion ensued among the Board concerning the traffic study and SEQRA. Tim Wales, City Engineer, stated we are not proposing anything crazy here. What we are proposing are good solid recommendations with mitigation here. Kate Maynard, Principal Planner, City of Saratoga Springs questioned what way the Board would be moving with regard to the transportation questions of the Part II of the SEQRA form. The first step is to determine no to small or moderate to large impact. One thought would be to potentially draft the Part III responses if the Board wishes to be provided before the next appearance of the applicant before the Board. Discussion ensued among the Board concerning the determination of either a no to small or a moderate to large impact on Part III of the SEQRA form. Justin Grassi, Counsel to the Land Use Board stated at the last meeting we had a discussion concerning the classification of this as a moderate to large impact because we did not have the mitigation measures that we now have. Taking time to digest this information to make a determination is also an option for the Board. Lou Giardino, Top Capital spoke regarding the project to come to some consensus on what they could provide the Board with. I understand the City wants to have input from DOT for this project. I believe this type of information would not be provided before a permit is obtained for this project. Anything done with DOT is speculative at best. This process does City of Saratoga Springs – Planning Board November 9, 2017 - Page 10 of 17 not end with SEQRA. We still have layers of review for this Board to navigate. I am looking for some definitive progress. We would like to carry something back that states we are getting there. Mark Torpey, Chairman stated I would like the applicant to put the information in a summary type document that rolls this together. We are creating a new neighborhood. I still feel strongly having DRC look at this project. Perhaps they can give us some sense of where they are leaning in this project in an Advisory Opinion format. Justin Grassi, Counsel to the Land Use Boards stated DRC did defer SEQRA Lead Agency Status to the Planning Board. They did have the opportunity to provide information to us. The Board could request an Advisory Opinion from the DRC. Discussion ensued among the Board concerning obtaining and Advisory Opinion from the DRC. Todd Fabozzi stated he does not feel an Advisory Opinion from the DRC is necessary at this time. He would however like some input from the DOT. However, we should put a time limit on their response since this would not be fair to the applicant. Janet Casey agreed with Todd concerning the deferral. DOT input is what matters to me. We should put a time limit on this. If the DOT is going to drag this out we should put a time limit on this. Kate Maynard, Principal Planner, City of Saratoga Springs stated we have had conversations as well as a meeting with the DOT on site. This is not a new application for them. It is very reasonable to request their input when they have jurisdiction there. Discussion ensued among the Board concerning DOT and their input on this project. Tim Wales, City Engineer stated do not be surprised if the DOT does not respond quickly. It’s great to request input from them but it is also a possibility that they are not going to come back with strong endorsements. Mr. Giardino stated until a permit is issued I have never received comments on a design from the DOT. I will be willing to wait but I am certain the outcome is not going to be what the Board is requesting. We have reviewed Part II of the SEQRA form and the only two areas left are the Archeological Studies which we have presented this evening showing no archeological concerns on this site. The only other issues were the traffic. Mr. Ferrante provided a great deal of information concerning the traffic study and we want to assure the Board that any mitigation necessary will be completed. We just want to build it. Todd Fabozzi stated he is comfortable voting on SEQRA this evening. Ruth Horton, alternate also stated she is comfortable voting on SEQRA this evening as well. Janet Casey stated she is willing to vote on SEQRA this evening. Having the City Engineer’s input is important. Tim Wales, City Engineer questioned if Tom Johnson, Transportation Services Manager from Chazen would like to comment. Tom Johnson, Chazen Companies stated he would not short change the DOT as far as getting back to you. As Kate stated they have been involved so far in this project. One thing you have going for you at the DOT is that the designated person who is on this project is a constant and will be reviewing this. She has been at the DOT for a number of years. You have a final traffic study before you. You have Chazen’s final comments and recommendations. City of Saratoga Springs – Planning Board November 9, 2017 - Page 11 of 17 You have a letter from SRF and the applicant accepting those recommendations. Those three items submitted to Lorinda at the DOT go a long way as far as them approving the project and reviewing the study. You are looking for a conceptual approval from the DOT. They have permitting authority. What goes a long way is a face to face meeting with the City to review the project, and where you stand on the project. Bob Bristol stated he is not ready to move ahead without the summary document concerning SEQRA. Mark Torpey, Chairman and the Board completed Part II of the SEQRA EAF evaluation concerning item #13 transportation. 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. VOTE: Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, abstained; Ruth Horton, alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 5-0-1 The Board recessed at 9:10 P.M. The Board reconvened at 9:17 P.M. 3. 17.069 INTRADA SARATOGA SPRINGS, Washington Street, Station Lane & West Avenue, Site Plan review for construction of a 4 buildings consisting of 156 multi-family residential units. BACKGROUND: Mark Torpey, Chairman stated DRC has issued an approval for Mass and Scale. The Planning Board issued a SEQRA Negative Declaration, as well as Special Use Permit approval for the project on August 10, 2017. We have not received Saratoga County approval as yet for this project. Applicant: Vecino Group Agent: Mike Ingersoll, Matt Brobston, Doug Heller, LA Group Mr. Ingersoll stated their hope this evening is to present an updated version of the project and to provide the Board with any further information requested. We have received Mass and Scale approval. We also will provide advancement of some of the materials for the project. Tonight we will focus on the sanitary sewer upgrades and the parkland easements, as well as traffic and parking. The site plan is largely what you have seen before. Doug Heller will provide information City of Saratoga Springs – Planning Board November 9, 2017 - Page 12 of 17 concerning the sanitary system analysis of the pump station which will serve the entire site and all the projects in this area. Mr. Heller provided a visual presentation and explained the pump stations function. Readings have been taken to determine the flow. From this we were able to determine peak flow. The pumps were running longer than they should have. We further investigated the rate and function of these two pumps. Pump 1 and Pump 2 are pumping at ½ rates. We pulled the pumps and the right pump is in good condition. Pump 2 is not in great condition and needs to be replaced or repaired. Two new pumps can handle a great amount of flow. Tim Wales, City Engineer stated we need two new pumps and controls. I haven’t seen the hydraulics and the numbers yet. What needs to be determined is if the force main needs to be upgraded. The question is do we watch and observe. or put the new pumps in now or wait to install new pumps built to handle the entire project. If pumps are installed that are too big for the project they can burn out. I am waiting to hear from the engineer concerning the hydraulics to make a determination. Either way we need new pumps and controls. Mr. Ingersoll stated we do have time to watch and observe before the entire project is built out. Our client is willing to continue to invest and set monies aside for the next year and a half to watch this and work together with the city. Tim Wales, City Engineer stated the problem now is that the pump station is not in compliance with the DEC. Hourly flows need to be met. With one pump out of service causes a problem. I am waiting for the engineers report concerning the hydraulics. Mr. Ingersoll stated our hope is to come to you with an agreed amount to work something out with the City. Mr. Ingersoll stated the applicant is proposing to provide and area via an easement for both open space and accessible park area. Perhaps a passive park in this area. This will provide a public recreational amenity to City residents and visitors and that plan is feasible cost-wise to ensure this amenity will be created. This natural playground concept the applicant will set aside $20,000 in escrow to build the park. Long term maintenance may be an issue. We will also provide a proposal for a pedestrian crossing to the park. Kate Maynard, Principal Planner, City of Saratoga Springs spoke concerning the recreation fees, civic space for a park. Instead of the recreation fees going into the main account, this would be where we keep the monies aside to ensure they are used for recreation fee purposes. Discussion ensued among the Board concerning the proposed park and trail system proposed. Mr. Ingersoll stated traffic recommendations have been reviewed. The Post Office driveway will operate at a Level “E”. The amount of parking needed for this site is 237 spaces. We can offer some shared parking in this area about 10 spaces. Mr. Heller spoke about the stormwater management plan for the site. He reviewed the criteria for stormwater management on the site and the plan the applicant is proposing. The applicant is proposing minimize clearing and grading to the extent possible. Minimize impervious surface as possible and utilize runoff reduction techniques green infrastructure practices prioritized. 4. 17.053 FADEN MIXED-USE DEVELOPMENT, 146 South Broadway, two lot commercial subdivision Within the T-5 District. 5. 17.054 FADEN MIXED-USE DEVELOPMENT, 143 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. 6. 17.055 FADEN MIXED-USE DEVELOPMENT, 146 South Broadway, Site Plan review for construction City of Saratoga Springs – Planning Board November 9, 2017 - Page 13 of 17  of a mixed use –facility within the T-5 District. Applicant: Faden Enterprises – Ross Faden Agent: Scott Lansing SEQRA: Action appears to be an unlisted action. DRC is other involved agency. BACKGROUND: The project is at the site of the former Ice Cream Man and Papa John’s on South Broadway. The proposal is to demolish the existing structure and construct a 2 story building with site improvements. The site is within the South Broadway Gateway district. The proposed building is residential to the rear of the building, commercial, retail, office and vacant properties nearby. Special Use permit, Site Plan and subdivision approval is required for this current proposal. Mark Torpey, Chairman stated the subdivision is first action to be taken this evening. The question is there any issues with the boundary created through the middle of the building. Kate Maynard, Principal Planner stated these are code questions which will be addressed by the Building Inspector and would require 2 buildings to be created within the building shell. Justin Grassi, Counsel to the Land Use Board reviewed the easement. There are some comments which can be worked out with the applicant. The approval can be contingent on minor changes to be made with the applicant. The easement now provides reciprocal easement to use the parking spots on a first come first serve basis. Do we want to have the applicant designate which spaces would be used for each owner. Discussion ensued concerning the easements on the property. SEQRA: The Board reviewed Part I and Part II of the short SEQRA 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. Bob Bristol 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 City of Saratoga Springs – Planning Board November 9, 2017 - Page 14 of 17 MOTION PASSES: 6-0 Mark Torpey, Chairman stated we will move onto subdivision approval. With the appropriate documentation subdividing as per the presentation is not a problem. Kate Maynard, Principal Planner, City of Saratoga Springs stated regarding the easement that it is to the satisfaction of the Planning Board staff and legal counsel. PUBLIC HEARING: Mark Torpey, Chairman stated the public hearing is open. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman closed the public hearing at 10:15 P.M. Ruth Horton made a motion in the matter of the Faden Mixed Use Development 146 South Broadway that the application for a two lot commercial subdivision be approved with the condition that the easement language be to the satisfaction of the Planning Board staff and legal counsel. 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 Mark Torpey, Chairman stated moving onto the Special Use Permit. Mr. Lansing stated the southern half of the building is the eating and drinking establishment. The northern half of the building is professional office on the first floor. On the second floor, 2 apartments on each side for a total of 4 apartments. Discussion ensued concerning offering the full complement of uses for both sides. Mr. Lansing provided information concerning the proposed parking requirements and requested if the Board is comfortable offering the applicant the flexibility to use either use on either side. Discussion ensued concerning the parking requirement with each use. Mr. Lansing stated the restaurant on the southern portion would require 12 parking spaces and the northern portion for the professional medical office would require 10 spaces. There is a variance of 2 spaces. Might I suggest the Board consider this granting the Special Use Permit giving us the flexibility provided whatever the uses are meet the parking requirements. City of Saratoga Springs – Planning Board November 9, 2017 - Page 15 of 17 Discussion ensued concerning the uses on each side of the proposed building site. Justin Grassi, Counsel to the Land Use Board stated the owners of the property will be limited to the square footage presented for the uses. Any changes to the square footage would require the applicant to both return for a Special Use permit modification. Mr. Lansing provided trip generations for the site. Tim Wales, City Engineer stated remarks received from Chazen Companies showed no change in level of service. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC HEARING: Mark Torpey, Chairman stated the public hearing is open. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman closed the public hearing at 10:27 P.M. Mark Torpey, Chairman asked if there is a motion on the table for the Special Use Permit application for 146 South Broadway for the eating and drinking establishment is intended for the southern portion of the building and the professional medical office, retail for the northern portion of the subdivided parcel with that restriction and all approved easements to the satisfaction of office and legal staff. Janet Casey made a motion in the matter of the Special Use Permit application for 146 South Broadway that the application be approved with conditions as noted by the Chair. Jamin Totino, Vice Chairman 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 Mark Torpey, Chairman asked Mr. Lansing to review the site plan. Mr. Lansing stated the site in located on South Broadway and Ensor Street. The current building will be demolished. We are proposing on the .3 acres to shift the building forward. 3,740 square foot two story building. Parking in the rear and side. One access point to the site on South Broadway, and one on Ensor. Regarding civic space we are defining Ensor Street by adding street trees and street lights, and some parallel parking as well as along South Broadway. Civic space on the corner a couple of benches and a planted area focused around the corner. We also are proposing several City of Saratoga Springs – Planning Board November 9, 2017 - Page 16 of 17 pavers. We will add trees and plantings in this area as well. Cross access is provided for potential future cross access to the south. Discussion ensued concerning the civic space, the sidewalk and outdoor seating. Mark Torpey, Chairman asked if the neighbor in the audience wished to comment. Harry Feldman, Regional Supervisor for Midas. It looks pretty good, we don’t have any concerns. Justin Grassi, Counsel to the Land Use Board stated the only other consideration for the Board for Site Plan approval would be the payment for recreation fees for parks. The Board would need to make a finding concerning the assessment of this fee. Discussion ensued among the Board concerning the extension of the sidewalk to the property line. Mark Torpey, Chairman asked if there was a motion for Site Plan Approval with the extension of the side curb in consultation with the neighbor and the assessment of recreation fees. Janet Casey made a motion in the matter of the Faden Mixed Use Development 146 South Broadway that the application for Site Plan Approval be approved with the conditions as noted by the Chair. Ruth Horton 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 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 12/14/17 City of Saratoga Springs – Planning Board November 9, 2017 - Page 17 of 17