Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, DECEMBER 14, 2017 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:03 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, City of Saratoga Springs 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. 17.057 CERRONE SUBDIVISION, Old Schuylerville Road, two lot residential conservation subdivision within the RR District. COMMENTS FROM THE CHAIR: 01.050.1 GRANDE 32-34 STORAGE LANE – Administrative action requested to permit 1,195 square foot storage structure on-site. APPROVED by Vice Chairman with a condition of no water and sewer being extended to the building. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Tuesday, January 2, 2018 at 4:00 P.M. Planning Board Workshop, Tuesday, January 2, 2018 at 5:00 P.M. Planning Board Meeting, Thursday, January 4, 2018 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. A. APPLICATIONS UNDER CONSIDERATION: 1. 14.042.2 DOWNTON WALK, 27 Jumel Place, Site Plan approval extension within the UR-3 District. Applicant: Witt Construction Agent: Corrina Martino BACKGROUND: Planning Board approved site plan for 7 residential units on November 18, 2014. Extension granted on March 10, 2016 until November 18, 2017. One final extension can be considered by Planning Board to May 18, 2019. Mark Torpey, Chairman stated what is before the Board this evening an extension of the original site plan approval for 27 Jumel Place. This is an 18 month extension request which will bring the expiration date to May 18, 2019. Ms. Martino stated we do anticipate completing the project before the expiration date. We have submitted updated information to the City which addressed their comments. No significant changes to the plan. Once these are accepted and returned to the applicant we will be filing Mylar’s to move forward with the project. Kate Maynard, Principal Planner, City of Saratoga Springs stated we are awaiting receipt of materials regarding enhanced landscaping which will be forthcoming from the LA Group. Ms. Martino stated that is correct there is existing landscaping but essentially we are enhancing the landscaping. No significant changes to layout or technical changes. Clifford Van Wagner made a motion in the matter of Downton Walk, 27 Jumel Place that the application for site plan approval extension be approved to May 18, 2019. 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 City of Saratoga Springs – Planning Board December 14, 2017 - Page 2 of 9  2. 16.045 LAKE LOCAL, 550 Union Avenue, consideration for Lead Agency Status and completion of SEQRA Environmental review. BACKGROUND: - Former tropic hut site – restaurant as well as a number of trailers-occupied and vacant. Property owner is now 550 Union LLC, group of private investors. - Violations issued for site by Zoning Enforcement. Noted issues present included number of bathrooms, overflow in terms of parking spaces, trailers unlawfully occupied onsite. - Legal stipulation created between City 550 Union Avenue to address outstanding violations and provide required items with timeframes for completion. - Current application proposed a four phased project that brings site into compliance with current regulations, then expands uses on site to expand to a 2,400 SF water sports rental shop, eating and drinking establishment up to 15,000SF, a 25 room Inn, and continuation of a marina use with 95 boat slips and 14 customer parking slips for the restaurant. Site consists of 2 parcels currently. Proposed lot line adjustment to merge parcels. Zoning district boundary along current parcel boundary – RR on northern parcel. Water Related Business District on southern parcel where existing restaurant and facilities provided. SEQRA: Action appears to be a Type 1 with Involved Agencies of Planning Board (Special Use and Site Plan) ZBA and DRC. ZBA and DRC have pro-actively deferred lead agency to the Planning Board. Mark Torpey, Chairman stated the applicant is before the Board this evening to get a sense of the project, to take a look at the project but certainly not take any action on the project this evening merely a fact finding mission. Kate Maynard, Principal Planner stated from the workshop on Monday, there are some existing violations. There was a legal stipulation between the City and 550 Union LLC. Vince DeLeonardis, City Attorney is here this evening to provide a summary of the agreement to date and compliance with items at the workshop, and to address outstanding violations and provide guidance to the Board. Vince DeLeonardis, City Attorney stated we previously had a Notice of Violation which was issued by the Zoning and Building Inspector, dating back to August 19, 2016. There were various provisions of the city property and maintenance code that were cited in the violation and the issuance of a Stop Work Order. Subsequent to that, they were represented by Michelle Anderson. We met with their counsel, met with representatives of the property owners. They were cooperative and trying to work towards a resolution. Ultimately we were able to culminate those meetings into a Stipulation that was ultimately executed on March 7, 2017. This was also so ordered by the court. The document required that they plead to certain of those code violations, and pay a determined fine. It was also conditioned on them undertaking certain actions. It also allowed by virtue of the settlement to have their application placed back on the agendas of the DRC, ZBA and the Planning Board with regard to their applications. The conditions: they were required to within a designated amount of time to apply for building permits with regards to construction of decks, apply for building permits relative to the change in the existing use of accessory structures, apply for variances to allow for the mobile homes which existed on the property to remain. They were also to apply for demolition permits with regards to certain other mobile homes. Four additional mobile homes were to be removed and/or demolished. Construction of a concrete pad to meet requirements with regard to the garbage dumpster. Removal of an existing sign which was in violation. They will apply to the DRC for approvals. Pending those approvals the sign will be reinstalled or a new sign will be located at the property. Parking spaces are to be numbered. There are also some requirements which need to be met prior to the opening of the business relating to obtaining the applicable licenses and permits for the City of Saratoga Springs – Planning Board December 14, 2017 - Page 3 of 9 operation of their business. Most if not all of these violations have been rectified. I do have to confirm this with the Building and Zoning Inspector regarding his confirmation of those conditions. I understand Mr. Shaw did issue a separate but entirely unrelated Notice of Violation just this week. My understanding is that it is not an impediment to the Board reviewing the application. Mark Torpey, Chairman questioned if the Board is able to officially hear this application based on some language in the code. Vince DeLeonardis, City Attorney stated he received this information where it states the Board is unable to hear an application which has a violation that is pending and involved. The application before the Board is something that would resolved the violation. Kate Maynard, Principal Planner, City of Saratoga Springs stated that she did forward this information to the Board. It is a Notice of Violation for storage on the site. That storage is outside the confines of the approval. In speaking with the LA Group we find that they will rectify the violation or add it to the Special Use Permit. Applicant: 550 Union LLC – Matt Phinney and John Haines Agent: Matt Brobston, LA Group Mr. Brobston provided a visual presentation of the site and the project. The project was submitted for a Special Use Permit in November of 2016. Zoning variances are required. Some of the variances were outlined in the stipulation. They have all been addressed. The property was purchased in May of 2013. Information provided to the Board on the site condition at the time of purchase. A small dock and marina area as well as some buildings, cabins and trailers. At that time a pump station was on the site with an easement for the Saratoga County Sewer District. Curb cut was reviewed for the Board as well as the current site conditions. A review of the current survey was also provided. The proposed buildings will not impede the setbacks. Mark Torpey, Chairman questioned if a zoning map amendment is required due to the merging of two zones URB and RR. Typically the Council would take over SEQRA for that. What is before us tonight is also consideration of Lead Agency Status. Would the Board then relinquish the Lead Agency Status to the Council? Kate Maynard, Principal Planner, City of Saratoga Springs stated right now we do not see the necessity for a zoning map amendment, since the overlay districts do allow for those uses. Justin Grassi, Counsel for the Land Use Board stated there is a process where two Boards are seeking Lead Agency Status and how it is determined, if one does not defer or acquiesce. Mr. Brobston reviewed the survey dated May 2016 upon the purchase of the property by the applicant. A visual of what the site looks like today and what the plans are for the site. A review of the current easements on the property was reviewed and provided for the Board. Also, a review of what is proposed for the site. A 15,000 square foot expansion of the restaurant, 418 seats and 24 employees. The Board shop will be expanded. Two lodging types are proposed, a five room inn which is set in the hillside using the existing house a part of the inn and converting the exiting garage into a reception area. There will be terraces into the hillside. Architecture and materials will be reviewed by the architect. A ten unit bed and breakfast is adjacent to the restaurant. These will be phased over time. Phasing plans will be provided to the Board. As part of this plan parking is identified at 156 spaces. Outdoor seating will also remain. Mark Torpey, Chairman questioned shared parking agreement with Saratoga Rowing Association. Parking and transportation is a portion of the SEQRA review. City of Saratoga Springs – Planning Board December 14, 2017 - Page 4 of 9 Mike Phinney, Principal, Phinney Design stated we are taking into consideration the changes in the parking requirements based on the time of year. For convenience we are speaking with our neighbors and considering shared parking. We are open to that. Also we do have about 100 boating docks. Todd Fabozzi questioned where does the overflow parking go during the seasonal use. Mike Phinney, Principal, Phinney Design, spoke regarding the plan. Trailer removal on the site. Some of these people have been there for over 30 years; we gave them time and helped them move. This took over 1 ½ years. Last year the business became more popular and operationally we put some plans into place. We will be expanding the parking this year. Discussion ensued regarding parking and possibly shared parking in the area and pedestrian safety. Mr. Phinney stated they are planning to have this be a year around destination place. Docks will be closed during the off season. Amy Durland questioned if the Saratoga Lake Protection and Improvement District (SLPID) should have a role in this. They do have a governmental role in the stewardship of the lake. Given the expansion and development and paving of the area right near the lake there is a possibility of erosion. They are also involved in other projects nearby Lake areas. Should they be added to the SEQRA list as an interested involved agency? Kate Maynard, Principal Planner, City of Saratoga Springs stated she will contact SLPID especially since there are other projects in that area. Mike Phinney, Principal Phinney Design Group spoke regarding the project. 25 cottages connected by a covered walkway up on the hill creating some creative architecture and landscape architecture. The restaurant will be a two story building with a marine theme which we hope to retain some of the features. Band shelter, concessions and concierge. Live music is proposed for some hours of the day. 10 room Bed and Breakfast similar to a lighthouse design which will be two stories in height. 3 structures are proposed the inn, the restaurant and the bed and breakfast. Mark Torpey, Chairman questioned the configuration of the buildings and how they fit into the setback requirements. Mike Phinney reviewed the placement of the buildings. Mr. Phinney also spoke regarding the construction of a bandstand and the sound mitigation proposed. Parking was also discussed and the possibility of valet services during the peak season and special events. A visual presentation of the inspirational architecture they are considering for the building. Stone, wood and metal materials are being considered. Bio-swales and rain gardens are proposed for stormwater management. Mr. Brobston stated this project will be phased. There are some variances which will be required for this project. A copy of all the proposed variances was provided to the Board. Area variances pertain to an existing deck near the Board shop area. Variances for parking within the setback will be needed which is an existing condition. That will remedied with the restaurant addition in Phase II. In this Phase two structures which are residential trailers are requested to remain. They have a use variance and have area variances associated with them. These trailers house seasonal staff for the restaurant. There is also one additional trailer which remains for office use for the restaurant. Once the business goes to a year around operation, these trailers will be removed. All the trailers will be gone following completion of Phase II. Parking spaces on the site number 121, required spaces 115. We are in compliance with the number not the location of the parking spaces. Phase II is the Restaurant expansion and expanded parking. The utilities service for this area will be buried at this time and set up for future phases to connect. Stormwater management will be located near the shore and some bio-retention areas will be installed. Parking was relocated for better flow. The pump station will also remain in its current location. One significant tree in the parking lot will remain. Also there will be a connection to the existing sidewalk which runs on Union Avenue. We will deal with DOT to ascertain where the connections should be located for safe pedestrian connection crossing. City of Saratoga Springs – Planning Board December 14, 2017 - Page 5 of 9 Janet Casey stated she is concerned regarding pedestrian safety in this area. Mr. Haines stated the entrance/egress driveway to the site will be widened to a width of 24 feet. Discussion ensued among the Board regarding parking. Mark Torpey, Chairman stated when reviewing SEQRA it would be helpful to have information concerning the 100 year flood plain. How the particular stormwater configuration will mesh with those designations. Mr. Brobston stated the floor plain is near the shore line and it will be noted on the next set of plans presented to the Board. An archeological review was done at the site and test pits were completed. Majority of the site was declared clear. A strip of land was designated as requiring Phase II with more archeological testing required. SHPO letter is also required noting avoidance of this area is acceptable for this site. We will request this information. Phase 3 of the plan includes the expansion of the Board shop. This will require variances for a change in use in that pre-existing structure. Variances have been applied for this project. It will not be acted on until this Phase. Mr. Phinney stated everything has been permitted with the DEC and Army Corps. None of the docks are within the navigable channel. Amy Durland stated what she is interested in is the context outside of this property. Can you provide an overall visual of what the surrounding areas are like and the restrictions as you have stated this evening. Also, you have a small RR portion and how does that connect in terms of the neighborhood. Clifford Van Wagner requested an aerial view of the property site. Mr. Brobston stated Phase 4 will be the 10 room Bed and Breakfast. This will connect to the restaurant. Mr. Phinney stated we have staff that has been with us since the start. We would like to provide year around employment for our dedicated staff and give them some potential for job growth and year around employment. We are in conversation with a shuttle service, and have even considered operating our own shuttle service. Amy Durland stated on zoning and land use context. In terms of water quality and protection the city staff will contact SLPID. They should be an interested agency and have some input here. Flood plain locations specifically. Noise relating both to land based neighbors and lake neighbors. Land pitch needs to be defined. Lighting and zoning boundaries. Land use areas, the hillside and development on that. Some issues relating to erosion. Basic land uses needs to be addressed first. Kate Maynard, Principal Planner questioned the grade of the hillside and steep slopes. Todd Fabozzi spoke concerning the potential pedestrian connections, residential areas and visibility. DOT feedback. Janet Casey stated useful for the applicant to approach SRA and what is possible there. Mark Torpey, Chairman spoke regarding a listing of the members of the 550 Union LLC, to be in compliance with the new ethics regulations. Mr. Phinney stated there are four primary members, Mike Phinney, John Haines, John Boyle, and Dan Collins. There is also a secondary tier consisting of four additional members and this will be provided to the Board. Jamin Totino, Vice Chairman made a motion in the matter of the Lake Local, 550 Union Avenue, that the Planning Board accept Lead Agency Status for SEQRA for this application. City of Saratoga Springs – Planning Board December 14, 2017 - Page 6 of 9 Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further questions or comments. 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 APPROVAL OF MEETING MINUTES: Mark Torpey, Chairman made a motion to accept the minutes of the July 13, 2017 meeting as submitted. 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, abstained; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0-1 Mark Torpey, Chairman made a motion to accept the minutes of the July 27, 2017 meeting as submitted. 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 made a motion to accept the minutes of the August 10, 2017 meeting as submitted. Jamin Totino, Vice Chairman seconded the motion. VOTE: Janet Casey, abstained; Clifford Van Wagner, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Amy Durland, abstained; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 5-0-2 Mark Torpey, Chairman made a motion to accept the minutes of the September 14, 2017 meeting as submitted. Jamin Totino, Vice Chairman seconded the motion. City of Saratoga Springs – Planning Board December 14, 2017 - Page 7 of 9 VOTE: Janet Casey, in favor; Clifford Van Wagner, abstained; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Amy Durland, abstained; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 5-0-2 Mark Torpey, Chairman made a motion to accept the minutes of the September 28, 2017 meeting as submitted. 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, abstained; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0-1 Mark Torpey, Chairman made a motion to accept the minutes of the October 12, 2017 meeting as submitted. 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 made a motion to accept the minutes of the October 26, 2017 meeting as submitted. 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, abstained; Amy Durland, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0-1 Mark Torpey, Chairman made a motion to accept the minutes of the November 9, 2017 meeting as submitted. Jamin Totino, Vice Chairman seconded the motion. VOTE: Janet Casey, in favor; Clifford Van Wagner, abstained; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Amy Durland, abstained; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 5-0-2 City of Saratoga Springs – Planning Board December 14, 2017 - Page 8 of 9 Mark Torpey, Chairman made a motion to accept the minutes of the November 30, 2017 meeting as amended. 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 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 7:55 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 2-1-18 City of Saratoga Springs – Planning Board December 14, 2017 - Page 9 of 9