Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, NOVEMBER 30, 2017 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:02 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman, Jamin Totino, Vice Chairman, Janet Casey, Bob Bristol, Amy Durland, Todd Fabozzi LATE: Clifford Van Wagner arrived at 6:12 P.M. STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Tim Wales, City Engineer Justin Grassi, Counsel to 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: 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. 15.004.8 OAK RIDGE SUBDIVISION, Meadowbrook Road, Residential subdivision extension within the RR District. 17.057 CERRONE SUBDIVISION, Old Schuylerville Road, two lot residential conservation subdivision within the RR District. COMMENTS FROM THE CHAIR: UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Monday, December 11, 2017 at 4:00 P.M. Planning Board Workshop, Monday, December 11, 2017at 5:00 P.M. Planning Board Meeting, Thursday, December 14, 2017 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. S A. APPLICATIONS UNDER CONSIDERATION: 1. 16.047.2 SOUTHER SUBDIVISION EXTENSION, 124 York Avenue, Subdivision approval extension Within the UR-3 District. BACKGROUND: Board issued subdivision approval on April 13, 2017. Original approval timeframe of 180 days. Expiration date of October 13, 2017. NOD was filed on May 11, 2017. Application for extension filed October 26, 2017. Kate Maynard, Principal Planner, City of Saratoga Springs stated we are looking the date of the action of the Board and the date of approval and the date of the Notice of Decision. Also, a Record of Decision is filed the day after the meeting. We spoke about the interpretation of time. Justin Grassi, Counsel to the Land Use Board stated the City ordinance provides 180 days from the resolution. Presumably we would take the day the Board resolves to approve. However, there is some ambiguity with the date Notice of Decisions that are sent out. We are reviewing this language for future applications; however, we will be providing some leeway for the applicants in this instance. Mark Torpey, Chairman questioned the 90-day extension going to January 18, 2018. Kate Maynard, Principal Planner, City of Saratoga Springs stated that is the way it was interpreted. Agent: John Candy Mr. Candy stated they reviewed the plat and it required some changes. We have been in contact with the City Engineer and we have just run out of time to make the small improvements and the Letter of Credit did not seem financially viable for the client. We are requesting this extension and hoping to move forward. Kate Maynard, Principal Planner stated she spoke with Tim Wales, City Engineer concerning the proposed improvements and the Letter of Credit. Mark Torpey, Chairman questioned if all items which were granted in the previous approval are acceptable. Mr. Candy stated yes, they are. Jamin Totino, Vice Chairman made a motion in the matter of the Southern Subdivision extension, 124 York Avenue, that the application be approved. 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; Amy Durland, in favor; City of Saratoga Springs – Planning Board November 30, 2017 - Page 2 of 18 Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0 NOTE: Board Member Clifford Van Wagner joined the meeting at 6:12 P.M. 2. 17.070 CAROLINE STREET APARTMENTS, 24 Caroline Street, SEQRA Lead Agency consideration and site plan review for construction of mixed-use building with 6 residential units and 2,000 square foot of commercial space within the T-6 District. BACKGROUND: The site was formerly Mio Posto restaurant, and the subject of a fire that also destroyed the Caroline Street historic structure. Application proposes a multi-story mixed use redevelopment addition to the existing structure at the corner of Caroline and Putnam. Mark Torpey, Chairman stated this project entails two parcels and two addresses. One at 68 Putnam Street and the other at 24 Caroline Street. SEQRA: Action appears to be a Type I action. Due to the structure being next to the Historic District, DRC is the other involved agency, and has pro-actively deferred SEQRA Lead Agency to the Planning Board. Applicant: Caroline St. Owners, LLC Agent: Matt Brobston, LA Group; Melissa Clarke, Balzer Tuck Architects Mr. Brobston provided a visual presentation of the proposed site. Two parcels involved one structure which houses the Hamlet & Ghost building with 4 apartments above. The proposed structure is adjacent to the Ice House. Existing conditions were reviewed. A layout of the proposed building was provided. The four apartments in the Hamlet & Ghost building will be renovated and there will be two apartments in this structure on the third and fourth floors. Commercial space on the first and second floor is proposed. On Caroline Street we will remove the utilities serving the project and reconnect to services off of Putnam Street. This is due to more current infrastructure in this location. We will remove a portion of the sidewalk to accomplish the new connection. We will then plant a street tree in this location on Caroline. In addition, a bike rack has been added on Putnam Street. Ms. Clarke provided a visual presentation of the existing building. A view of the first-floor plan was presented noting the existing building Hamlet & Ghost will remain as it is. We are proposing removal of the two-story addition which had the wooden stairs attached and then put in a connection which would tie the proposed addition at 68 Putnam to the existing building on the upper floors. The second-floor notes two apartments located in the existing building and the other side will be commercial space. On the first floor approximately 900 square feet of commercial space and the second floor approximately 1,000 square feet of commercial space. The third floor we have two apartments making four apartments in the old building and other side new apartment within the addition on the third floor and the fourth floor would house two apartments with a roof terrace, which accesses the main stairwell. Clifford Van Wagner questioned ADA compliance with this building, without being handicap accessible. Ms. Clarke stated this building is code compliant, noting the building is not required to have an elevator with three or fewer stories above grade. The second floor is the first floor above grade. The parcel is small and elevators take up City of Saratoga Springs – Planning Board November 30, 2017 - Page 3 of 18 a great deal of space. Regarding the exterior of the building we have spoke with Samantha Bosshart, Saratoga Springs Preservation Foundation and received good feedback. The building is four stories in height. Four new windows are proposed to match the existing windows. The area between the buildings we have created a hyphen to link the old and the new. This is recessed and the material is a corrugated metal, low key. There is also a recessed courtyard. A trash closet is proposed within the building to keep trash off the street. The 6-apartment entrance will be on Putnam Street. No major changes on Caroline Street. The only change is the access to the apartments will no longer be on Caroline Street. The appearance of a door will remain using glass and infill paneling. The building qualifies for single egress and ingress due to the number of units and maximum number of travel distance to an exit. We have fewer than 4 apartments per floor which also is a qualifier for single egress. The building is sprinklered. Mark Torpey, Chairman asked if there were any comments from the fire department. Kate Maynard, Principal Planner, City of Saratoga Springs stated the fire department provided no comments. Ms. Clarke spoke about the side of the building and the installation of concrete block tinted with a color to match the building. Pronounced cornice of cast stone is proposed. Lighting was discussed and window placement. The applicant has entered into a lease involving the vacant lot at 26 Caroline Street to use the space for construction staging. Todd Fabozzi questioned where does the DRC weigh in. Kate Maynard, Principal Planner, City of Saratoga Springs stated the DRC will be reviewing this project architecturally. It is a SEQRA Type I action due to the fact it is adjacent to the historic district. Amy Durland requested the number of street trees required in this area on Caroline Street and Putnam. Kate Maynard, Principal Planner, City of Saratoga Springs stated every 40 feet. Mr. Brobston stated a tree will be replaced on Caroline Street where one was previously. Mr. Brobston spoke regarding the merging and consolidating of parcels which is currently in process. Discussion ensued regarding the hyphen building, discussing the size which is 2 ½ feet deep 9 feet across and the proposed material. Tim Wales, City Engineer spoke regarding the new structure which will be back and in line with the Hamlet and Ghost Building. The survey was reviewed and he is satisfied with the placement of the new construction. Mark Torpey, Chairman questioned the uses for the commercial portion of the building. Dave Capicki, owner of the building spoke regarding the possibilities for the use for the commercial space. Mark Torpey, Chairman spoke regarding the pedestrian interaction and perhaps some type of civic element. Discussion ensued concerning the options for the hyphen area as well as the civic space usage and roof top terrace as well as the large expanse of blank wall on the east side of the building. Mr. Capicki stated the owners were approached by the Preservation Foundation suggesting a mural for this area. We are open to this on the southern exposure. Also, the roof top terrace is to be serviced only by the residential tenants not the commercial tenants. Discussion ensued regarding approval for possible mural and who would be the agency for the applicant to receive input and suggestions as well as content and approval. Administrative approval was discussed. City of Saratoga Springs – Planning Board November 30, 2017 - Page 4 of 18 Mark Torpey, Chairman reviewed the items discussed. Two street trees, one on Caroline and one on Putnam Street. Street lights one we will re-locate at the Caroline Street façade and two streetlights which currently exist. Bike rack is proposed. Any formal input from the Saratoga Springs Preservation Foundation or recommendations. Ms. Clarke stated a letter was received with recommendations for the site. Caroline Street recessed entry to maintain the flavor of the entrance which once existed. The addition of some type of cornice. They also discussed the hyphen. Mark Torpey, Chairman questioned asbestos remediation. Ms. Clarke stated the asbestos removal is underway now and is limited to the two-story structure. That is where the concern is. It is currently being abated and under the purview of the Building Department. Bob Bristol disclosed the Melissa Clarke used to work for me and she is currently employed by my architect. Mark Torpey, Chairman stated we will now accept Lead Agency Status for SEQRA. Clifford Van Wagner made a motion in the matter of the Caroline Street Apartments, 24 Caroline Street that the Planning Board accepts Lead Agency Status for SEQRA as deferred by the DRC. Jamin Totino, Vice Chairman 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated the Board has reviewed the Part I of the SEQRA EAF form submitted by the applicant. The Board reviewed Part II of the SEQRA Long EAF form. No large or important areas of concern were noted. SEQR DECISION: 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. 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman reviewed the site plan items. A tree will be placed on Caroline Street where one once existed. This should be in conformance with the Urban Forestry Master plan. Opportunity for a recessed bench and down lighting in the hyphen area creating a civic element and pedestrian connection with the street. This can be approved via City of Saratoga Springs – Planning Board November 30, 2017 - Page 5 of 18 Administrative Action. Roof top terrace to service only the tenants not the commercial clients. Soft recommendation to the DRC to consider some options for the southern façade in terms of artistic representation. Moving one of the lights on Putnam Street to a new location based on the utilities being installed in that area. Preserving two trees on Putnam Street, assuring that one is in conformance with the Urban Forestry standards. Justin Grassi, Counsel to the Land Use Board stated this is one of the site plan applications to consider recreation fees or donated park land. Six units requires recreational fee donation. Jamin Totino, Vice Chairman made a motion in the matter of the Caroline Street Apartments, 24 Caroline Street that we approve the Site Plan with conditions as noted by the Chair. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey, in favor; Clifford Van Wagner, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 The Board recessed at 7:14 P.M. The Board reconvened at 7:19 P.M. 3. 17.050.1 SONG AND WANG TWO LOT SUBDIVISION, 21 Murphy Lane, advisory opinion to the ZBA. BACKGROUND: The ZBA heard the application on June 26, 2017. The ZBA’s application is pending awaiting an Advisory Opinion response. Advisory Opinion required from the Planning Board due to potential creation of a substandard lot. The Advisory Opinion was discussed at the July 24, 2017 Planning Board workshop, and the Board adjourned the item from the July 27m, 2017 meeting so the applicant/agent meets with the staff regarding the possibility of extending utilities along Murphy Lane to service lots fronting on Murphy Lane. The Planning Board also suggested that the ZBA reconsider coordination of SEQRA Review. SEQRA: Action appears to be unlisted. The ZBA is the other involved agency. ZBA deferred Lead Agency Status to the Planning Board at the September 11, 2017 meeting. Kate Maynard, Principal Planner, City of Saratoga Springs stated mapping and analysis was requested by the Planning Board and Engineering of Murphy Lane. There currently is no water or sewer along Murphy Lane. The existing residences along Murphy are either shared service with Lincoln fronting houses or by way of easement over the Lincoln fronting lots. The City Engineer recommends the applicants and future applicants with these long lots to be subdivided with frontage on Murphy Lane install property sized water and sanitary infrastructure on Murphy Lane to serve new residences. City of Saratoga Springs – Planning Board November 30, 2017 - Page 6 of 18 Tim Wales, City Engineer feels running water and sewer connection through adjacent lots is not a good idea. Disputes occur all the time and we try to discourage this. In this particular case the residents get together to run water and sewer down Murphy Lane. In the analysis provided by Mr. Toohey, shows that not too many people will have need to connect in the future. In this case water and sewer should be covered with easements properly filed to prevent any issues in the future. Clifford Van Wagner questioned if a stipulation can be noted in the motion that if city water and sewer is made available down Murphy Lane that these homeowners are obligated to connect at that time. Justin Grassi, Counsel to the Land Use Board stated we can impose conditions which are incidental here. Discussion ensued regarding infrastructure on Murphy Lane. Applicant: Renji Song and Qiong Wang Agent: Michael Toohey, Attorney Mr. Toohey stated his clients would like to take this parcel which goes between Murphy Lane and Lincoln and subdivide it. The total square footage of the lot is 11, 243 feet. We are attempting to create one legal lot. The lot on the south side would be a legal 6600 square foot lot and be compliant with zoning. This building that is on that site has been there since 1940 prior to zoning. There was never a building on Lincoln Avenue which leaves a gap tooth appearance. Water and sewer lines have always extended from Lincoln Avenue to that rear parcel. The intention here is that the line moved to the east for the subdivided property. There would be defined easements for water and sewer. A curb cut exists off of Lincoln. Amy Durland stated her only issue is to have this Board strive for some consistency. This lot is a significantly substandard lot we are creating. In the past we have rejected applications on that basis. We need some validation of that. Jamin Totino, Vice Chairman stated he agrees with Amy. He is particularly concerned about the creation of a substandard lot. There is a missing tooth on Lincoln which is the frontage. This is a much more compelling argument than previous subdivision applications we have seen. Discussion ensued among the Board concerning previous substandard subdivision applications. Amy Durland noted that historic properties are more often smaller rather than larger. In this particular case if this application has the stipulations that have been indicated and I have to acknowledge that it does look like a lot on Lincoln and that is certainly a consideration. Janet Casey stated this makes a lot more sense on this site, and she is in agreement with what everyone has said. Also, she reiterated how it is important for the Board to note the reasoning for approval or denial of an application on a case by case basis. In this case creating a substandard lot makes sense. Mark Torpey, Chairman stated we will discuss this further when the application returns for subdivision. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. PUBLIC COMMENT: Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs – Planning Board November 30, 2017 - Page 7 of 18 None heard. Jamin Totino, Vice Chairman made a motion in the matter of the Song and Wang two lot subdivision, 21 Murphy Lane that the Planning Board accept Lead Agency Status for SEQRA. Bob Bristol 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated the Planning Board will now review SEQRA. The applicant has submitted Part 1 of the short EAF SEQRA form. The Board has reviewed this form and accepts it as submitted. Mark Torpey, Chairman reviewed with the Board Part II of the short EAF SEQRA Form. No large or important areas of concern were noted. SEQR DECISION: 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. Jamin Totino, Vice Chairman 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman asked with regard to the Advisory Opinion is the Board comfortable reiterating what we stated this evening or are there any other items the Board would like for inclusion. The is potentially a Favorable Advisory Opinion to the ZBA, noting the sitting of the infrastructure lines outside of the current asphalt area as well as if the opportunity arises with the installation of infrastructure down Murphy Lane the applicant avail themselves of this opportunity. City of Saratoga Springs – Planning Board November 30, 2017 - Page 8 of 18 Kate Maynard, Principal Planner stated she will take this information and formalize a written opinion for the Board to review and forward to the ZBA. Clifford Van Wagner made a motion for a Favorable Advisory Opinion to the ZBA with the caveat that the Planning Board understands the infrastructure lines are to be accessed from Lincoln Avenue. The Board further recommends that if and when infrastructure is ever available down the alley the applicant agrees to access these lines. Janet Casey 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 4. 17.069 INTRADA SARATOGA SPRINGS, WASHINGTON STREET, STATION LANE & WEST AVENUE, Site plan review for construction of a 4-building mixed-use facility consisting of 156 affordable housing units, 5,000 square feet of common space, and 5,000 square feet of commercial space. SEQRA: The Planning Board served as Lead Agency and provided SEQRA Negative Declaration on August 10, 2017. BACKGROUND: Mark Torpey, Chairman stated SEQRA Negative Declaration was issued back in August. A Special Use Permit was approved by the Planning Board in October. Items of cumulative potential impact have been discussed including Traffic, Stormwater Management, Community Character and Water/Sanitary Infrastructure. Top Capital is serving as coordinator of cumulative assessment 3 active and 4th potential project in this direct area. Also 3 active projects are moving forward with concept to create public park space on Vecino property, with potential recreation fees. Since the last appearance before the Board we have received the following additional information: - Chazen comments from Tom Johnson on November 21, 2017. - Letter from the attorney John Hartzell on October 30, 2017. - Saratoga County Planning Board approval received on November 27, 2017. - Proposed language for the conservation easement – public access easement. - Email correspondence from Chris LaPan citing concern regarding the storm water. We have a draft Notice of Decision which we can work from. Applicant: Vecino Group Agent: Michael Ingersoll, Matt Brobston, Doug Heller, LA Group – John Hartzell, Attorney for the applicant Mr. Ingersoll thanked the Board for their patience and help in moving this project forward. December 14, 2017 is the deadline for submission for funding. Next week the applicant is scheduled to appear before the DRC. City of Saratoga Springs – Planning Board November 30, 2017 - Page 9 of 18 Discussion ensued regarding funding for this affordable housing project and the upcoming deadline. Mr. Hartzell spoke regarding funding and the DHCR. Mr. Ingersoll provided a visual presentation of the proposed project site. We have responded to staff’s comments. We revised layout was provided responding to any questions. County Planning Board approval was received. Sanitary sewer and pump station information. Doug Heller is here to answer any questions. We have a scenario to present, we have reached out to the other developers and they are on board. Parkland easement, passive park plans we have presented. We have reviewed and responded to Chazen’s comments. Some things have changed. We have added a commitment to pave the connector if the Green Belt Trail comes through. The nature playground and how it will fit. Public parking 10 spots available. No wetlands in this area. A walkway system with a sitting wall was presented. A civic space element was also proposed here as well. Kate Maynard, Principal Planner, City of Saratoga Springs. Ms. Maynard spoke regarding the recreation uses. $20,000 has been offered by the applicant to be held in escrow for a natural playground. Mr. Ingersoll reviewed the sanitary location. He spoke regarding the pump station, which has been analyzed. We are factoring in all the flow numbers from all four projects. If they were to be built all at once it would be necessary to rebuild the pump station to industry standards. Individual computations were provided to the Board. All the developers have agreed to contribute to the installation of the new pump station. Since the project will be built in stages final determination will be made. Kate Maynard, Principal Planner, City of Saratoga Springs stated this portion of the application has progressed from the workshop on Monday. Tim Wales, City Engineer is here tonight to provide input as well as the cost estimate. This information is also provided in the draft NOD which was provided to the Board this evening. Mark Torpey, Chairman questioned Tim Wales, City Engineer concerning the flow percentages. Tim Wales, City Engineer stated he does not want to get caught in a situation where he has to come up with funding for this project. Mr. Wales stated the Station Lane sanitary pump station upgrades shall be constructed prior to the first Certificate of Occupancy issuance for the first residential unit. Discussion ensued regarding the sanitary pump station funding and requirements for upgrading or replacement. Mr. Ingersoll stated we did take a traffic analysis. We have added a turn lane and a commitment to bus passes and a few other items. Parking was reviewed at the last meeting. We do need the parking we have. We have committed some of the shared parking to the city. We are at 1 ½ spots now. We do have visitor parking as well as overflow. In that parking we have added additional stormwater treatment by adding bioretention and some storage which has reduced the impact to the trees, as well as the addition of permeable pavement for the parking lot in this area. PUBLIC COMMENT: Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman stated we will now review the Draft Motion Notice of Decision. City of Saratoga Springs – Planning Board November 30, 2017 - Page 10 of 18  NOTICE OF DECISION In the matter of Site Plan Application PB#17.069 of: INTRADA DEVELOPMENT WASHINGTON AND WEST AVENUE SARATOGA SPRINGS, NY 12866 WHEREAS, Vecino Development (the “Applicant”) submitted an application to the Planning Board (the “Board”) on October 2, 2017 for Final Site Plan Review pursuant to Article VII of the City Zoning Ordinance for the 158 multi-family Residential affordable housing project within the Transect-5 (T-5) Neighborhood Center District in the City of Saratoga Springs; WHEREAS, the Planning Board was duly designated as Lead Agency for purposes of reviewing the potential environmental impacts of the proposed Project pursuant to the State Environmental Quality Review Act (SEQRA) and adopted a SEQRA Negative Declaration – Determination of Non-Significance for the Project on August 10, 2017; and WHEREAS, the proposed project has been subject to careful consideration over the course of project review that has included but is not limited to review of: - All application materials provided to date, with last revised summary sheet received November 22, 2017. - Transportation Impact Study for the proposed Station Park at Saratoga, October 2017. - Chazen Engineering Comment letters, last dated as November 20, 2017. - Engineering Report for Water and Sanitary Sewer, October 5, 2017/ - Stormwater Pollution Prevention Plan (SWPPP) for Vecino Group Housing, October 6, 2017. WHEREAS, The Board was assisted in its review by its consulting engineers, The Chazen Companies (“Chazen”); and WHEREAS, The Board has reviewed the application materials submitted by the Applicant, information provided by the City’s consultant and all comments made by the public and submitted in writing through and including November 30, 2017, NOW, THEREFORE BE IT RESOLVED that the Planning Board hereby makes the following findings, determinations and certifications; 1. Per the applications submission, 157 of the 158 residential units will be required to fulfill affordable Housing as defined for the project for a minimum term of 40 years;  24 units will be provided to those at the 50% Average Median Household Income (AMI) level or below.  109 units will be provided at the 60% AMI level or below.  24 units will be provided at the 80% AMI level or below. Mark Torpey, Chairman questioned if there is any commercial space set aside for the non-profit corporation Captain beyond the 40-year current commitment. And also, AMI inclusive of Albany, Schenectady and Troy. Mr. Hartzell spoke regarding the nonprofit currently under contract but beyond that commitment he is unsure who or what non-profit would take this place. Kate Maynard, Principal Planner stated if the use changes over the course of time a modification would have to be made to the Special Use Permit. Justin Grassi, Attorney to the Land Use Board stated since questions have arisen tonight it would be good to include some type of language detailing further something to the effect no commercial or retail without Special Use Modification. City of Saratoga Springs – Planning Board November 30, 2017 - Page 11 of 18 The Planning Board hereby grants approval of the Applicant’s Site Plan per the requirements set forth in the City of Saratoga Springs Zoning Ordinance and subject to the following conditions. 1. Ancillary use will require a return before the Planning Board for Special Use Modification. AMI to include Albany, Schenectady and Troy. 2. 8’wide path along the frontage of Washington Street shall be constructed which will ultimately be Connected to Top Capital or other property owner’s construction of same to the west. The path is noted to reflect the City’s Complete Street’s Plan and provide connectivity for pedestrians and bicyclists along the corridor. Amy Durland questioned if the Complete Streets Committee made other recommendations for this area and if so were they incorporated into this plan? Kate Maynard, Principal Planner stated their comments were actually made regarding the Traffic Study for all four projects. General comments were responded to and looked at. 3. Functional front door access onto Washington Street shall be provided and maintained for Building One. This was discussed with the DRC and they have made some recommendations concerning the entrances. 4. Station Lane sanitary pump station upgrades as approved by the City Engineer shall be constructed prior to the first Certificate of Occupancy being issued for the first residential unit. Should Top Capital or other projects commence construction with a substantially similar completion date, a proportional contribution from the applicant property within an agreed to cost sharing arrangement with the 3 other projects in close vicinity. (**condition subject to change – APPLICANT WORKING TO PROVIDE DETAILS OF UPGRADE FOR TIM WALES, CITY ENGINEER’S APPROVAL AND LETTERS COMMITTING TO PROPORTIONAL COST SHARING WITH 3 OTHER PROJECTS). Mr. Heller, spoke regarding two options. One was regarding upgrading the pump station with all new equipment. The second was looking at just this project what would we have to do. We spoke to a pump supplier for an idea of cost. The full reconstruction $250,000-$300,000. The upgrade for this project only is between $60,000 and $80,000. I also included a cost analysis which was provided to the Board. Tim Wales, City Engineer stated he has no issues with this proposal. He would like to have the pump station upgrade resolved either way prior to the issuance of a Certificate of Occupancy. Mark Torpey, Chairman stated if this project moves forward on its own the estimates for the marginal upgrades are between $60,000 to $80,000 which the applicant is agreeable to. If, however the other 3 projects move forward as well, this will revert back to a pro-rata cost sharing agreement to support the much larger upgrade needed to accommodate this added construction. Mr. Hartzell requested to speak with his client before moving forward with this condition. 5. Existing Washington Street driveway shall be widened to provide left and right turn lane egress. 6. Per Saratoga Associates correspondence of November 3, 2017, physical traffic mitigation required for cumulative 4 active projects or their equivalent replacement shall be installed by Top Capital with timeframes and thresholds to be established with any future site plan review. Should this project fail to come to fruition or Construct mitigation measures as required, Vecino shall be required to complete the following actions prior to the first CO being issued for the project: City of Saratoga Springs – Planning Board November 30, 2017 - Page 12 of 18   Washington Street shall be widened for an eastbound left turn lane at the Post Office/ Intrada driveway, to be completed by project build out. Information was provided to staff and the Board regarding this stipulation noted by Chazen to be included in the motion. Mr. Ingersoll stated their budget cannot withstand the costs of the implementation of those turn lanes. This is well into the hundreds of thousands of dollars. Clifford Van Wagner stated the cost of implementation and having this applicant bear the cost, when their traffic study states it is not necessary can perhaps bury this project. This is not something which should be in this motion. Amy Durland stated she agrees with Cliff. The affordable housing component to this project is hugely appealing to me and this Board and the city. I am struggling how to make this work and happen. The fact is when the whole project started it was stated that this would be treated as a coordinated effort. That was the case and in terms of traffic, environmental review, etc., and I have to say now we are struggling with deadlines in terms of affordability I am feeling pressure about this however I do not want to approve a project that has not worked out some of the incredibly important details of how the project is going to function. As the project moves forward I think there are more of these details. I don’t see it as penalizing this applicant as much as the coordination portion of these projects somehow got dropped along the way and I am not happy about this at all. Todd Fabozzi stated in his opinion that is not true. I believe we have gone the extra mile to coordinate this. We have just reviewed the traffic impacts of all the projects and we have looked at a variety of things such as the site plan connections, traffic control, management and mitigation. These were all looked at, at the whole project level. If you ask the other projects like Station Park why they are not ready and they will blame it on us. We are trying to move this project forward, but we are doing our due diligence to do everything right. I agree with the Cliff, this should not be in this NOD and we should not be asking the applicant to do this, as well as the pump upgrades beyond what their project does. In any project which creates impacts we should request the applicant to address those impacts not to fix city wide problems. I don’t think that is a fundamentally right approach. My recommendation is to remove this provision concerning the widening and extra turn lane and in the nature and interest of this project I don’t think it is warranted for just this project alone. Amy Durland stated she feels that is fair. This is not an implicit criticism of this Board or the City but I still have to say I am sure there have been obviously some strong efforts to coordinate some elements of this project. The things we are struggling with now seem to belie that to an extent. I was hoping what we would have as a final product we would be voting on would be very tight. I don’t see that here. I am left to believe there is a fair amount of fuzziness about the requirements of this project. Kate Maynard, Principal Planner, City of Saratoga Springs spoke regarding why this has been placed in this document taking into account what Chazen, the consultant engineer stated for appropriate mitigation for the project should the other three projects not come to fruition. These improvements were recommendations. Clifford Van Wagner spoke regarding being encumbered by another project which is not ready to come before the Board This is not fair to handcuff and applicant who is bringing an affordable housing project to the City. Mark Torpey, Chairman continued with the second half of this recommendation.  Eastbound approach for right turn lane at the intersection of West/Washington Avenues shall be required to be completed by the project build out. Mark Torpey, Chairman stated these are the two recommendations made by Tom Johnson from Chazen Companies. These are for us to consider. How do the Board members feel about having this as part of this decision? City of Saratoga Springs – Planning Board November 30, 2017 - Page 13 of 18 Todd Fabozzi stated these two items are the two main improvements that the whole four projects would require. We are saying all four projects require these two improvements. If the other projects do not move forward we are still requiring this applicant to be responsible for implementation of these two items. Kate Maynard, Principal Planner stated this document is designed to provide consideration from the vantage point in terms of coordination and what comes to bear specifically on this project. It includes all the items just stated, it includes the points most of what was included in Tom Johnson’s memo. One thing to note is the items related to the West Avenue Station Lane area were not included to that point of proximity. You have an access point on Washington Street only. So, in terms of looking at the physical difference that one we did not put into the draft motion. Yes, this is meant to embody the inclusive change taking place. The curb cut existing and the other items being proposed for your consideration as well. Justin Grassi, Counsel for the Land Use Boards stated another item for the Board to consider if the two items proposed in the draft motion aren’t appropriate and we simply take those out, that means we are relying completely on Top Capital for all traffic mitigation. Janet Casey stated in general she leans towards agreeing with Cliff and Todd. The only thing I might say is would the applicant be willing to consider the possibility that there might need to be another entrance if all the other projects fell apart. One entrance and exit would be problematic. Mr. Ingersoll state there is a small linkage to the train station. Mark Torpey, Chairman stated he also agrees that these two items should be removed from the NOD. We will move onto the next item. 7. Vecino Development shall participate and be beholden to any and all mitigation measures identified in the Transportation Demand Management Plan as prepared by Top Capital on behalf of all 4 projects within the Washington/West and Station Lane vicinity for any increases in traffic that result in a decrease in levels of service. Such plan and fulfilled activities are a recommendation of the Transportation Impact Study as Prepared by SRF Associates finalized in October 2017. The plan is anticipated to consider vehicle trip reduction measures such as transit pass provision to residents, car share and other potential activities in support of expanded mobility options. Mark Torpey, Chairman stated what is not in here is the formation of a Transportation Demand Management Committee. Where a representative from each project could look at how to coordinate the TDM strategies throughout the entire project. Mr. Ingersoll stated his client is proposing transit passes. Mark Torpey, Chairman stated when the project is built out that Intrada is willing to work with its neighbors to participate in assessing appropriate Transportation Demand Management strategies that benefit all. Discussion ensued among the Board concerning wording on this item. Kate Maynard, Principal Planner stated this is another one where the traffic study for all four projects calls out a portion of activity related to Transportation Demand Management plan. So, you are looking at either ridership, walking, biking or car share. How that gets considered. This is new for the region it is up and coming. It was designed to assure that the traffic study overall concept is going into each project. It is tied into participation. Mr. Hartzell stated what is being discussed is the Board is trying to financially obligate the applicant for a project which has not yet been built. City of Saratoga Springs – Planning Board November 30, 2017 - Page 14 of 18 Janet Casey stated perhaps this item should read – Vecino Development shall participate in the Transportation Demand Management Plan involving all four proposed projects within the area. Mark Torpey, Chairman states the following item does add to this provision. 8. Transit Passes-10 CDTA transit passes shall be provided upon certificate of occupancy being issued to units within first building. This condition shall be superseded by any related transit requirements provided within the transportation Demand Management Plan. Janet Casey stated perhaps that item should read Transit Passes – 10 CDTA transit passes will initially be provided upon certificate of occupancy being issued to units within first building. This condition shall be superseded by any related transit requirements provided within the transportation Demand Management Plan. These passes will be in effect for one year. Bob Bristol spoke concerning imposing this stipulation and apply it to the remaining 3 projects. Discussion ensued bus passes and mass transit and the wording imposed. The Board determined the wording should be simpler. 10 CDTA transit passes will initially be provided upon certificate of occupancy being issues to units within first building for a period of one year. 9. Civic Space – additional benches, seating wall and enhanced vegetation along the Washington Street frontage shall be provided and approved by Planning Board Chair prior to signature of the final plans. Discussion ensued among the Board and it was suggested that the word Washington Street be removed. Mr. Ingersoll reviewed the proposed civic space, seating pods and bike racks along the entrance. A park is proposed o site. Streetscape is being developed, such as sidewalks and street trees as per the City’s requirement. 10. The Intrada project will provide 158 residential units. In concert with the 3 other active projects in direct vicinity, continued development within the area, and existing neighborhood surrounding the site, the Planning Board finds that a proper case exists for requiring a park or other recreational facility. In accordance with 7.2.18 of the City’s Zoning Ordinance, the Planning Board accepts the 12.3-acre easement area consisting of 2.0 acres of Class A type usable land and 10.3 acres of Class B type usable land, and that shall be permanently available for public recreation through the means of a permanent conservation and public access easement being granted to the City and its public. 11. Final conservation area and public access easement language for recreational area shall be provided to the City’s legal counsel and Planning Staff’s satisfaction for approval prior to the final site plan signature by the Chair. The easement shall be filed in concert with the final site plan. Amy Durland stated she would like to read the easement language for this property site. Mr. Hartzell stated he did write this language for the easement. He attempted to review and explain this easement language. It does grant the City the rights to make improvements on the passive park. Mr. Ingersoll stated the City Attorney will also review and approve the easement language. Justin Grassi, Counsel to the Land Use Boards spoke regarding what is reviewed in a conservation easement. The language can be reviewed as well as input provided by the Planning Board staff and members. Mark Torpey, Chairman questioned the term passive recreation in Class A and Class B lands. City of Saratoga Springs – Planning Board November 30, 2017 - Page 15 of 18 Mr. Hartzell provided information concerning the term passive. 12. Voluntary developer contribution of $20,000 towards civic or recreational area is accepted and shall be utilized for design or physical improvement to the public park being created. Mark Torpey, Chairman stated his only concern is some input from the City in the design and implementation. 13. With the understanding that the three additional projects – Top Capital, Faden and Askew do not intend to provide recreational area reflective of 7.2.18 of the City’s Zoning Ordinance, the Planning Board strongly supports the in-lieu of recreation fees to directly fund the capital improvement and maintenance expenses of this new public park, understanding the City Council needs to direct such allocation of fees. Kate Maynard, Principal Planner, City of Saratoga Springs stated this again is what we have been working on is the coordination with all four parties with counsel approval to have the funds go to this project to making improvements to e it to this site. So, the counsel can see this has the Boards approval if you choose to leave this in for their action. PUBLIC COMMENT: Mark Torpey, Chairman asked if anyone in the audience had any questions or comments. None heard. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. Amy Durland stated we haven’t addressed the comments from Chris LaPan. Which I had some questions about. His email states referencing the grading and drainage plan, I see the applicant is proposing infiltration basins adjacent to the wetlands. Despite his previous comments on this issue, just by inspection alone of the plans it is clear that the basins alone will not function as infiltration. The bottom elevations are proposed at 320.0 and 321.5. The wetlands immediately adjacent are at elevations ranging from 320.0 to 321.5. Tim as you know, infiltration practices require 3 feet of separation to ground water which clearly isn’t provided. Further evidence of this is supported by the report by Dente Engineering soil borings B-12 and B-13 are at elevations of 323.5 and 324.5 respectively and list mottling and moist at 1 – 2 feet below grade. Borings indicate high ground water at an elevation of 322.5 feet. This would indicate that both basins and sediment 4 bays are below ground water. Based on this data, these basins will hold water during the spring wet periods and not function properly. He also questions their compliance with DEC regulations. Mr. Heller spoke regarding Dente’s Engineering soil borings. They call all soil moist, all soils have some moisture in it. Mr. Heller provided a visual presentation of the site noting the main infiltration basins and the borings. We have confirmed that our infiltration practices will meet the City Engineers satisfaction and comply with the DEC regulations. This information was provided to us by Geotechnical Specialists. Tim Wales, City Engineer stated the applicant has gone out and provided additional information. This information states that they will meet the separation requirements. Our designated engineer has also spoken with Mr. Heller and I am satisfied that everything which was performed here and the new soils data will meet the separation distances. I will review the additional data but right now I do not have any issues with the way it was done. Mr. Hazelton stated the concern which was voiced over the sanitary pump station. The applicant will comply with the City Engineers recommendation at the time when this determination needs to be made. We are relying on the objectivity and good faith of the city. Mr. Wales stated he will review the information and data and they will make a determination at that time concerning the upgrades to the pump station. City of Saratoga Springs – Planning Board November 30, 2017 - Page 16 of 18 Mark Torpey, Chairman stated we have reviewed the NOD and make recommendations. Kate Maynard, Principal Planner City of Saratoga Springs stated she has heard the Board and taken notes. I will rely on the webcast to assure proper information and input from the Board. I will update the overall Notice of Decision and provide that to the Board. Mark Torpey, Chairman questioned if the Board is comfortable making a decision tonight relying on the final information added to the Notice of Decision or is the Board more comfortable having the NOD reworked and sent to us for review to act upon at the next meeting for final approval. Clifford Van Wagner stated we have just spent two hours on the Notice of Decision. Wordsmithing is left. I have no problems voting on this tonight based upon the final wording. Nothing is going to change the Board has made their comments. Amy Durland stated personally I myself feel I have received too much information within the last 24 hours. I haven’t had time to absorb it. I would like to receive feedback from the public who has sent and requested information. I would like to wait and also review the easement. Clifford Van Wagner stated the City Engineer is in favor of the project and accepts what the applicant has submitted. Justin Grassi, Counsel to the Land Use Boards stated it is up to the Board to vote if you feel you have enough information and you are comfortable. If you prefer to wait for more information that is up to the Board. Amy Durland stated she still has more questions. Bob Bristol stated there is some reality here about the information being provided and the ability to absorb it. I also understand the reality of the applicants concern regarding their window for funding. I don’t want to take this window away from them. I do like having the ability to continue to review the minutia. I feel comfortable voting tonight. Justin Grassi, Counsel to the Land Use Boards there was a lot of information that Planning Staff is going to review to assure it is clearly articulated in the Notice of Decision. If the Board is inclined to review the information before December 14, 2017 to assure correct information prior to filing. Discussion ensued concerning the Pump Station language. Clifford Van Wagner made a motion in the matter of the Intrada Saratoga Springs, Washington Street, Station Lane & West Avenue site plan be approved. Jamin Totino, Vice Chairman 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; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 City of Saratoga Springs – Planning Board November 30, 2017 - Page 17 of 18 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:35 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 12/14/17 City of Saratoga Springs – Planning Board November 30, 2017 - Page 18 of 18