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Planning Board

Regular Meeting

Saratoga Springs, NY · September 6, 2018

AgendaMinutes

Minutes

PLANNING BOARD MINUTES (FINAL) THURSDAY, SEPTEMBER 6, 2018 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:00 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman, Jamin Totino, Vice Chairman; Janet Casey; Clifford Van Wagner; Bob Bristol; Ruth Horton; Todd Fabozzi STAFF: Kate Maynard, Principal Planner, City of Saratoga Springs Vincent DeLeonardis, City Attorney, City of Saratoga Springs 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. 17.061 STATION LANE APARTMENTS (ASKEW) Station Lane, Special Use Permit for 36 multi-family Residential units within the T-5 District. 17.063 WASHINGTON STREET HOTEL & SPA, 19-23 Washington Street, SEQRA consideration of Lead Agency Status and coordinated review for construction of 62,567 square foot Hotel & Spa within the T-6 Urban Core District. 17.074 EXCELSIOR PARK (2017), Excelsior Avenue and Ormandy Lane, Special Use Permit for mixed use development including 163 residential units, 36,200 square feet of commercial space and a 60 room hotel with restaurant within the T-4 & T-5 Districts. 18.006 PEPPERS CORNER, 173 Lake Avenue, Special Use Permit for a convenience sales use in an Urban Residential-3 (UR-3) 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, September 16, 2018 at 4:00 P.M. Planning Board Workshop, Monday, September 16, 2018 at 5:00 P.M. Planning Board Meeting, Thursday, September 20, 2018 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. A. POSSIBLE CONSENT AGENDA ITEMS: NOTE: The intent of a consent agenda is to identify any application that appear to be “approvable” without need for further evaluation of discussion. If anyone wished to further discuss any proposed consent agenda item, then that item would be pulled from the “consent agenda” and dealt with individually. 1. 17.033.3 HENRY STREET CONDOMINIUMS, 120 Henry Street, Subdivision approval extension in a T-5 District. The applicant is requesting a 90 day subdivision extension from the Board since the site plan approval process has just been completed. Clifford Van Wagner made a motion in the matter of the Henry Street Condominiums, 120 Henry Street that the application for a 90 subdivision approval extension 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; Ruth Horton, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman in favor MOTION PASSES: 7-0 B. APPLICATIONS UNDER CONSIDERATION: 1. 09.057 SARATOGA SPRINGS JOCKEY CLUB, 66 White Farms Road, Permanent Special Use Permit review of a Neighborhood Bed and Breakfast Use within a Rural Residential (RR) District. 2. 18.035 SARATOGA SPRINGS JOCKEY CLUB, 66 White Farms Road, Site Plan Review for a Neighborhood Bed and Breakfast within a Rural Residential (RR) District. SEQRA: Action appears to be a Type I “An Unlisted Action occurring substantially contiguous to any publicly owned or operated Parkland, recreation area or designated open space.” ▪ Coordinated review is required. The DRC is the other involved agency. ▪ At the January 27, 2010 meeting the Planning Board initiated coordinated review with the DRC. ▪ The DRC deferred Lead Agency to the Planning Board on February 17, 2010. ▪ A long EAF has been submitted by the applicant. ▪ SEQRA Negative Declaration was issued by the Planning Board on July 19, 2018. BACKGROUND: Application for Neighborhood Bed and Breakfast submitted, last reviewed back on March 10, 2010. Applicant tabled application. Submitted Corridor Bed and Breakfast application last placed on the Planning Board agenda November 22, 2011. Applicant tabled that application. Zoning Ordinance does not have automatic expiration of applications. Current proposal is continuing application from 7 years ago. City of Saratoga Springs – Planning Board September 6, 2018 - Page 2 of 20 Mark Torpey, Chairman stated the Board did have several issues to discuss with the applicant including the Renewable Special Use Permit and the Site Plan Approval. Kate Maynard, Principal Planner, City of Saratoga Springs stated the Board has received additional correspondence from the applicant which has been posted. Mark Torpey, Chairman stated the applicant is before this Board for a Special Use Permit and Site Plan Approval. Board had a number of issues to discuss concerning this application such as the parking, the proposed septic system and location, outdoor storage i.e., tractor trailers, lighting, signage, pedestrian/ bicycle connection to the state park property and handicapped parking. Jamin Totino, Vice Chairman stated the last time the applicant appeared before this Board I abstained. My position has not changed. Given the nature of the criticism I have received, as well as other members of this Board who have had a long history of volunteering time to this City, I don’t believe a vote for this application would not be perceived in a positive way, nor do I think that a vote against this project would be perceived in a positive way. I will abstain from this application. Mr. Lapper spoke on behalf of Mr. Cromer’s letter and apologized on his behalf to the Board. Applicant: Jon Cromer Agent: Jon Lapper, Attorney Mr. Lapper stated nothing has changed since their last appearance before this Board. At our last appearance the Board was discussing the possibility of a Renewable Special Use Permit with a return before the Board in 1 or 2 years to assure that it is being operated properly. This is acceptable to the applicant. Mark Torpey, Chairman asked if the applicant can provide and review the proposed Site. Mr. Lapper provided a visual of the proposed site and reviewed the changes on the site regarding the parking area and the handicap ramp. Currently a Neighborhood Bed and Breakfast is proposed. Kate Maynard, Principal Planner, City of Saratoga Springs stated that Corrina Martino, Engineer for the project reviewed the site and stated they could move the septic closer. Discussion ensued among the Board regarding the buffering on the site and the minimization of the intrusion to the setback line. Mark Torpey, Chairman stated he will now review some of the conditions laid out for the Special Use Permit: 1. Use of the property shall be in accordance with strict interpretation of defined Neighborhood Bed and Breakfast: “a supplementary use in a single or two-family residential structure having a resident host in which one to five rooms are offered for rent and one or more meals are furnished to guests. Regularly scheduled commercial indoor or outdoor activities such as weddings/receptions/showers, business meetings, catered events, and the like, are not permitted.” 2. Additional restrictions include: ▪No amplified music shall take place on the site. ▪Food and drinks shall not be sold to anyone other than guests staying at the property. ▪Commercial uses outside the confines of a permitted home occupation shall not take place on the site. Any home occupation proposed use shall comply with City requirements and which include issuance of Building Permit or Certification of Occupancy issued by the Building Department. ▪A maximum of 5 rooms may be offered for rent. ▪The property may not be used for the purpose of parking cars for any use not related to the operation Of the Neighborhood Bed and Breakfast. City of Saratoga Springs – Planning Board September 6, 2018 - Page 3 of 20 3. Tractor trailers currently stored on property shall be removed prior to the signature of the final plans by The Chair. No further storage of tractor trailers or the like shall be permitted on the site. 4. Completion of all municipal permits and approvals required for the new and upgrade septic system shall take place prior to the permitted use of the property as a Neighborhood Bed and Breakfast. 5. Prior to the property being used as a bed and breakfast the appropriate City Official shall inspect the premises to document that all fire, health, and building code requirements are met. 6. The site shall be used in general conformance with the attached sketch plan. 7. This special use permit for neighborhood bed and breakfast shall expire in 1 year on July 19, 2019, but upon application by the applicant it may be renewed by the Planning Board. Discussion ensued regarding the time frame for the Special Use Permit to be granted. Mark Torpey made a motion in the matter of the Saratoga Springs Jockey Club, 66 White Farms Road that the application for Special Use Permit be approved for one year following the issuance of the Certificate of Occupancy and with the conditions as noted above. Ruth Horton seconded the motion. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. VOTE: Janet Casey, in favor; Ruth Horton, in favor; Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, abstained; Clifford Van Wagner stated he has comments similar to the previous comments at the July 19, 2018 Planning Board Meeting. In July I received a 6 page letter from this applicant questioning my integrity, degrading my character and threatening me. In my 24 ½ years of volunteerism on the Saratoga Springs Zoning and Planning Boards as well as numerous other boards, this is a first. My responsibility on this board is to assess every project on its merits, not the applicant. Despite this letter I will continue to remain a neutral party with regards to this application. Regarding my vote, I refer to Section VI-240-6.4 of the Zoning Code “Standards for Special Use Permits”. I find this application does not comply with the Standard #1 specifically, I don’t believe that the proposed use is in harmony with and promotes the general purposes of and intent of the Comprehensive Plan and this ordinance and Standard #2 that this use is not compatible with the neighborhood and will have a negative impact.) Therefore I vote negatively; Todd Fabozzi, in favor; Bob Bristol, abstained MOTION PASSES: 4-1-2 Mark Torpey, Chairman stated we have the Site Plan Application as well. We have reviewed the layout relative to buffers and minimum requirements with the setback areas. A further condition is the design and layout of the septic system will minimize any tree removal in that area as well. Handicap ramp is proposed as well as handicap parking. 8 spaces to be provided. Janet Casey made a motion in the matter of the Saratoga Springs Jockey Club, 66 White Farms Road, the Site Plan Application 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. City of Saratoga Springs – Planning Board September 6, 2018 - Page 4 of 20 VOTE: Mark Torpey, Chairman, in favor; Janet Casey, in favor; Clifford Van Wagner, opposed; Ruth Horton, in favor; Jamin Totino, Vice Chairman, abstained; Bob Bristol, abstained; Todd Fabozzi, in favor MOTION PASSES: 4-1-2 3. 18.038 LIBERTY AFFORDABLE HOUSING, Crescent Avenue and Jefferson Street, Advisory Opinion to City Council for a proposed Comprehensive Plan Amendment, Zoning Map Amendment from a RR District to an INST-HTR District, and Zoning Text Amendment in the INST-HTR. Mark Torpey, Chairman stated what is before the Board is An Advisory Opinion to the City Council for a proposed Comprehensive Plan Amendment, Zoning Map Amendment as well as text amendment. Also before the Board is the Determination of SEQRA Lead Agency Status. It is our understanding that the City Council has requested SEQRA Lead Agency Status. This project was reviewed by the Board both on July 5, 2018 and July 19, 2018. The Planning Board has requested an extension from the City Council for the Advisory Opinion which has a time limit imposed and that was granted to September 10, 2018. The Board will be reviewing this project for Subdivision, and Site Plan should this move forward as proposed. Currently the project is proposed as two buildings with 96 units each. The Board needs to review this project as a request for a Zoning Map and Text Amendment, and a Comprehensive Plan and Text and Map Amendment. Mark Torpey, Chairman stated the Board has seen this project previously and has provided some comments to the applicant. Previously the Board was looking at having a more definitive linkage or commitment with respect to this request and the particular project which is providing workforce housing. Applicant: Liberty Affordable Housing, Inc. Agent: Matthew J. Jones, Jones Steves Attorneys; Arthur Loomis; Tara Miller; Dan Hershberg, Project Engineer; Mark Bruso Mr. Jones stated the request made by the Board at the workshop as to the capacity of the site in terms of multi-family residences. 192-272 units are proposed in 4 or 5 multi story buildings to accommodate the units. The City Council has sought Lead Agency Status for SEQRA. Mr. Jones spoke regarding workforce housing and the intricacies of the financing. Vince DeLeonardis, City Attorney, City of Saratoga Springs stated when the City Council was going through their review of the inclusionary zoning or IZOD as it was referred to, the City Council had a workshop at which builders from the community and various banks in the community attended and participated in that workshop. One of the things which was in the draft of the inclusionary zoning was that the units subject to workforce housing remain subject to workforce housing. The issue associated with the banks having to make loans to the individuals who want to buy those units was brought to our attention. The inclusionary zoning did not automatically make it into legislation. We were considering changing the draft language to incorporate a release from the workforce housing requirements in the event of something like a foreclosure to allow banks to really lend money in those certain instances. Mr. Jones spoke regarding the applicant and their desire to build workforce housing on this site and 90% of the employees at the race track and racino who would qualify to live in these apartments. Mr. Jones spoke regarding the applicant’s request for Comprehensive Plan Amendment, Zoning Map Amendment from a RR-District to INST-HTR District and the Zoning Text Amendment in the INST-HTR and the Planning Boards Advisory Opinion to the City Council and precedent setting decisions. Mark Torpey, Chairman spoke about the Planning Boards responsibility and looking at the worst case scenario for the project and what is being requested, what might happen and ways to mitigate that. City of Saratoga Springs – Planning Board September 6, 2018 - Page 5 of 20 Todd Fabozzi stated the problem he is having is the precedent setting change to the Comprehensive Plan. Also he feels that everyone on the Board supports workforce housing. I do not feel that this location is the right location for this project. There is too much density for this area. I will not support this project as presented. Mark Torpey, Chairman spoke regarding density bonuses afforded with affordable housing projects. This is not allowed in the INST-HTR District. Perhaps the applicant should purse this avenue. Kate Maynard, Principal Planner, City of Saratoga Springs stated both Bradley Birge, Administrator, Planning and Economic Development and Susan Barden, Senior Planner were involved in conversations with the applicant. A number of things were offered very early on along with guidance. Staff offered potential ways in terms of process and understanding as well as considerations. A number of potential concerns, and suggestions were offered in terms of different avenues were put forward to potentially explore. Staff would never have stated that a certain path would have to be followed. Vince DeLeonardis, City Attorney spoke regarding the issue of precedence. He stated there are provisions in the Zoning Ordinance that do indicate that applications are limited to the specific facts and circumstances of that application not bound by precedence. Janet Casey stated she feels as does Todd that this project is not in the right location. She cannot support this project as presented. Jamin Totino, Vice Chairman stated he agrees with what has been stated here. He has concerns regarding workforce housing project. This has concentration of a population of people in a geographic area based on their economic status. We have four projects now that are focused on affordable housing. The difference between those and this project is that they are based in the center of the city which affords pedestrian connections and transportation linkages which are integrated in a way that includes them in a way that this one does not. There is no integration with this project and the city. It is a campus type of environment for this particular income group. Mark Torpey, Chairman asked if there were any further comments from the Board. Ruth Horton stated feels the same as the other members of the Board. Mark Torpey, Chairman stated the Board has several decisions to make this evening, one is the Lead Agency Status determination or deferral and the second is the Advisory Opinion to the City Council. Mark Torpey, Chairman stated we have a draft motion to present. Ruth Horton read the following into the record: RE: Unfavorable Advisory Opinion to the City Council and SEQRA Lead Agency Deferral – Liberty Comprehensive Plan, Zoning Map, and Zoning Text Proposed Amendments Dear Commissioner: Pursuant to your request dated June 7, 2018, the Planning Board reviewed the petition at its July 5, 2018, July 10, 2018 and September 6, 2018 meetings. The petition is understood to include several amendments as follows: 1. Comprehensive Plan map: Alter Future Land Use Map by re-designating the parcel as Equine and Related Facilities (EQ), from its original classification as Residential Neighborhood-1 (RN-1). 2. Comprehensive Plan text: Alter Equine and Related Facilities description to include multi-family residences. 3. Zoning Ordinance map: Change parcel designation from Rural Residential (RR) to Institutional Horse Track Related (INST-HTR). 4. Zoning Ordinance text: Alter text to allow for Residences- Multi-family. Also adjust Tables 2&3 to maintain “adequate control” over remaining parcels in district (see page 2 of narrative). City of Saratoga Springs – Planning Board September 6, 2018 - Page 6 of 20 The Planning Board, as required by the City’s Zoning Ordinance, reviewed whether the proposed revision is (1) consistent with the Comprehensive Plan, and (2) not contrary to the general purposes and intent of the Zoning Ordinance. Comprehensive Plan Map and Text Amendments: The Comprehensive Plan future land use map recognizes this area as Residential Neighborhood-1 (RN-1) designation- “The Residential Neighborhood-1 and Residential Neighborhood-2 designations are characterized by single family residential uses with moderate density two-family. While a mix of housing types is present, these areas retain the basic character of single-family neighborhoods, such as front and rear yards, driveways, and garages. Small, neighborhood- scale commercial uses may currently exist to complement the residential uses. RN-1 Note: the maximum density is 3.5 units/ acre.” The proposal seeks to change the designation to Equine and Related Facilities and also proposes to change the designation provisions as shown in bold. Equine and Related Facilities (EQ) The Equine and Related Facilities designation includes areas utilized by the equine industry and supporting facilities. Such areas include, but are not limited to, the thoroughbred race track, harness track, stables, racing museum, sales barns, parking and feed stores. This designation represents a significant contribution to the City’s tourism economy. This designation is also envisioned to allow for supporting facilities such as Residence-Multi-Family, Residential Recreational Facilities, employee housing and businesses that are essential to the equine industry’s sustainability and future success in the City. Uses and design with this designation must be sensitive to the surrounding neighborhoods. The subject parcel is currently proximate to Spa State Park open space, existing single family residential neighborhood, and the Casino facility. The existing RN-1 designation offers a transitional land use buffer from the varied land uses within this area. Making the change to EQ results in a much greater intensity of land use on the property and a shift from lower density residential development to higher intensity, greater density development and uses. Lack of Affordable or Employee Housing Guarantee Within the Comprehensive Plan, the creation of affordable housing options throughout the City is presented as a key priority. However, there is nothing contained within the proposal that would guarantee these units would indeed be put on the market as affordable housing. The proposal also lacks any discussion of how income eligibility will be determined. The proposed changes to the Comprehensive plan and the Zoning Ordinance also do not prevent the currently proposed project, or any future project enabled by these changes, from selling/renting residential units at or above market value. The revised description to include “residence – multi-family” is not, by definition, “essential to the equine industry’s sustainability and future success in the City”. In fact, the suggested zoning language modification to the Use Schedule for the proposed project – “permitted only on parcels not associated with Horse Racing Facility and/or horse training track existing as of January1, 2002: Residence – Multifamily”, contradicts the very notion of an essential link to the equine industry. Given the Equine and Related Facilities designation already provides for employee housing potential, the addition of Residence-Multi-family does not additionally provide a definitive long-term commitment to workforce housing for equine industry personnel. Notable Increased Permitted Density: The CP designated the parcel RN-1 which allows for a maximum density of 3.5 units/acre. The proposed project identifies 192 units on 30.27 acres (6.34 units/acre). Considering that the parcel is further constrained with roughly 75% wetlands, the resulting density on the useable portion of the property is 25.4 units/acre. The proposed overall density increase exceeds reasonable thresholds and no definitive long-term commitment to affordable housing as a broader public benefit is assured. City of Saratoga Springs – Planning Board September 6, 2018 - Page 7 of 20 Zoning Map Amendment: The allowable density in the RR zone is 0.5 units/acre. This represents an even greater density divergence than noted above. The proposed project requires subdivision approval by the Planning Board to create two separate parcels. Changing the zoning designation from RR to INST-HTR eliminates the requirement for a conservation analysis and subsequent 50% upland open space to be permanently protected on a parcel with significant state and federal designated wetlands, as well as its direct proximity to Saratoga Spa State Park and significant open space resources. Understanding the INST-HTR maximum height of 60ft. and the project proposal of 2 large, 4 story buildings, the proposal represents a build-out more reflective of Broadway and T-6 zoning district and not currently found within the surrounding area. With any rezoning to INST-HTR, permitted uses would be greatly expanded and with Table 2 considerations, allow for potential uses such as eating and drinking, parking facilities, retail, service establishments to be potentially proposed should the current housing proposal not move forward. One potential example is if the proposed amendments are approved by the City Council and the “Liberty” project does not move forward, then an opportunity exists for the current property owners to merge the parcel associated with this application (179-5-8) with the existing Harness Track parcel (179-5-7) – which have some common ownership and would be both zoned INST-HTR. This may afford a myriad of additional uses if the combined single parcel is now considered formally “associated” with a “Horse Racing Facility”. Zoning Text Amendment: Changing an entire district for the purpose of a single application should be carefully considered. Revised Area and Bulk Standards are proposed to control/mitigate the downstream effects of the proposed amendments on affected parcels. The proposal limits the density on all other affected parcels currently in the INST-HTR zone to one (1) unit per 5,000 sq. ft. (8.7 units/acre). This value seems to be arbitrary since no basis has been provided for how it was derived or why it is reasonable. In addition, the use of an “unimproved parcel” as of July 5, 2018 is likely problematic in interpretation of definition. Further considerations: The Planning Board has long been supportive of the City’s efforts to increase its supply of affordable housing units. While this has historically been a point of frustration for the City and for the Land Use Boards, we have experienced significant progress in this area. The Planning Board has recently approved, or is aware of the pending nature of the following affordable residential developments: - “Intrada” – located at Washington St/West Ave – 157 units No Comprehensive Plan or Zoning Ordinance change needed – compliant with current zoning. - “The Link at SoBro” – located at 135 South Broadway – 110 units No Comprehensive Plan or Zoning Ordinance change needed – compliant with current zoning. - “The Promenade” – located at Stonequist Apts, West Circular St – 63 units No Comprehensive Plan or Zoning Ordinance change needed. - “New Jefferson/Vanderbilt Apts” – located at Jefferson/Vanderbilt St – 24 units No Comprehensive Plan or Zoning Ordinance change needed. - “Allen Drive Reserve” – located at Allen Dr/Tait Ln/Church St – 200 units No Comprehensive Plan change needed – currently seeking zoning map amendment. City of Saratoga Springs – Planning Board September 6, 2018 - Page 8 of 20 Notwithstanding this project, the City is expectant of upwards of 550+ affordable housing units in the near future and there are clear indications that these trends may continue. It is crucial to note that all of the aforementioned projects are integrated within the fabric of the City and provide essential street front qualities and pedestrian linkages that will result not only in the provision of affordable housing, but will enhance elements that make Saratoga a true City in the Country. Additionally, they are consistent with principles of New Urbanism within which our Comprehensive Plan is implicitly rooted. Indeed, they are the very principles that have helped foster the revitalization of Saratoga Springs since the 1980’s. With all of this in mind, the Council should carefully evaluate whether it is absolutely necessary to amend the City’s Comprehensive Plan in this manner in order to meet its affordable housing objectives. Further, and possibly most importantly, there is currently no guarantee nor proposed requirement for affordable housing on this property. To be clear, none of the proposed changes provide a direct link or requirement for affordable housing. Should the financing not be available, or the project changes, the City is at risk of having changed the Comprehensive Plan and the zoning ordinance in a manner that would result in a substantial increase of the types of allowable uses and level of density, for all of the properties within this entire district, and will have done so with no guarantee whatsoever that that affordable housing will be produced. If the City Council believes the prospect of affordable housing on this site warrants these substantial changes, the Planning Board strongly recommends that there be the requirement to produce the affordable units. Should this plan move forward, given the proposed expansion of uses in all of the parcels within the Institutional Horse Track Related District, and in order to provide some oversight and guidance for increased development adjacent to the historic race track and surrounding properties, the Planning Board recommends that these newly allowable residential developments be subject to Special Use Permit, in addition to Site Plan Review by the Planning Board, and architectural review by Design Review Commission. With all points and discussion above, the Planning Board finds that the proposed revision is not (1) consistent with the Comprehensive Plan, and is contrary to the general purposes and intent of the Zoning Ordinance. This unfavorable advisory opinion is issued with a unanimous decision by the Planning Board-7-0 (In favor: Torpey, Totino, Van Wagner, Bristol, Casey, Horton, Fabozzi). For clarification purposes, the following are procedural steps that must occur prior to City Council action: ▪A public hearing by the City Council for this proposed zoning revision. ▪Review by the Saratoga County Planning Board (General Municipal Law §239-m) ▪Compliance with the State Environmental Quality Review Act (SEQRA) by the City Council including an evaluation of the SEQRA Long Form Part I and II. The applicant has submitted Part I of the SEQRA form with the application. In regards to the City Council’s request for SEQR Lead Agency for this application, the Planning Board defers to the City Council- passed 6-1 (In favor: Totino, Van Wagner, Bristol, Casey, Horton, Fabozzi; Opposed: Torpey). The Planning Board notes there are a variety of important issues for the Council to consider within the proposal’s SEQR review. The following items are offered for consideration: 1. Description of action is incomplete - the FEAF only references the construction project, yet should also identify necessary actions as follows. - Text amendment to the Comprehensive Plan should include “residence-multi-family” as a supporting facility. - The Comprehensive Plan map amendment should change the parcel designation from Residential Neighborhood-1 to Equine and Related Facilities. - Similarly, the Zoning Map needs to change the parcel designation from Rural Residential to Institutional Horse track related. City of Saratoga Springs – Planning Board September 6, 2018 - Page 9 of 20 - There are three Zoning Ordinance text amendments that should be included: 1) add “multi-family residences” as an allowable use in the INST-HTR with Site Plan Review. 2) revise area and bulk standards to all parcels in the INST-HTR district, not associated with horse racing/track, to one (1) residential unit per 5,000 square feet. 3) establish a new “residential recreational facilities” accessory use in the INST-HTR zoning district. The FEAF should be revised to include the identification of these actions and the SEQRA evaluation should include consideration and evaluation of all actions. 2. Response to question C.3.a “Zoning” is incorrect – should be changed to “yes”. - in addition, it should be noted that this property is a boundary property of the City-adopted Saratoga Greenbelt Trail. 3. Response to question D.2.j “Project Operations” relating to traffic: - the applicant indicates the creation of 192 new residential units with 278 parking spaces – there is no documentation or data analysis to support the response of “no” substantial increase in traffic above present levels. Under customary circumstances, the Planning Board would require the applicant to complete a traffic analysis, conducted by qualified traffic engineers, to confirm and/or address any potential impacts regarding access and intersection safety on this private road and at the intersections at Crescent Ave + NYS Route 9 and Crescent Ave + Nelson Ave. - Bunny Lake Drive is a private road. The Planning Board would require confirmation from a qualified engineer that the road is suitable for the projected increased level of traffic. Further, if this road remains private, there should be confirmation of suitable agreements relating to long-term responsibility and maintenance for this roadway – particularly as there is separate ownership among the existing and proposed parcels. - the applicant has indicated “no” to sub-question “viii”: The question is, will the proposed action include plans for pedestrians or bicycle accommodations for connections to existing pedestrian and bicycle routes? This is of great concern as this property is a crucial link on the Crescent Ave connector of the Greenbelt trail. Furthermore, the applicant purports that many of the residents will work locally at the Casino and will be have lower income. Consistent with the City’s complete streets policies, development objectives and neighborhood regulations, a successful development proposal of this magnitude should necessarily include a pedestrian/bicycle plan as part of a comprehensive approach to movement, transportation linkages and traffic. - the aforementioned considerations are consistent with the Planning Board’s customary SEQRA evaluation – as conducted for market rate projects, and for other affordable housing developments such as Intrada and The Link at SoBro. 4. There are a several blank responses that require answers and supporting documentation including D.2.k, D.2.q, D.2.r, D. 2. S, and E.3.e 5. Response to question D.2.n indicates the presence of significant natural areas of Red Maple and White Oak swamp. The applicant should be required to submit documentation addressing any impact on these areas. 6. Similarly, the response to question D.2.n indicates the presence of a NYS or federally-listed endangered or threatened species or habitat of Karner Blue butterfly and Frosted Elfin. The Planning Board customarily seeks input from NYS DEC regarding potential impacts upon these populations or habitat areas, most notably the Beaver Pond project off of Geyser Road. 7. Response to E.1.a. should include Forest and Other- Parkland as existing land uses adjoining site. City of Saratoga Springs – Planning Board September 6, 2018 - Page 10 of 20 8. Response to question E.3.f indicates that the project site is located in an area of archeological sensitivity. Supporting documentation should be submitted along with input from the NYS Preservation Office. 9. Response to question E.3.h is incorrect and should be corrected. - Site is directly proximate to Saratoga Spa State Park- one of four nationally designated historic landmarks, and important open space and recreational resource within the City. Including NYS Parks in regards to the SEQR environmental review is typically the Planning Board’s policy in projects such as this. -a 5-mile radius encompasses the entirety of the City of Saratoga Springs and, as such, includes the entire City’s open space portfolio including the Waterfront Park on Saratoga Lake. Similarly, this site is within the radius for all the City’s locally-designated historic properties, all of the properties on the State and National Registry of historic places, and four Nationally-designated historic landmarks: Yaddo, Canfield Casino & Congress Park, Saratoga Spa State Park and the Petrified Sea Gardens, also a Nationally-designated Natural Landmark. This site is also within the radius for the City’s Watercourse Protection District. Mark Torpey, Chairman stated there is no wording which states favorable or unfavorable opinion. That is up to the Board to discuss and determine. Clifford Van Wagner stated this is a non binding Advisory Opinion to the City Council. Mark Torpey, Chairman questioned if the Board is ready to make a determination on the Unfavorable Advisory Opinion, to the City Council noting that the project is not consistent with the Comprehensive Plan and also not contrary to the general intent and purposes of the zoning ordinance. Jamin Totino, Vice Chairman made a motion for in the matter of the application of Liberty Affordable Housing, Crescent Avenue and Jefferson Street that the Planning Board issue an Unfavorable Advisory Opinion to the City Council as noted by the Chair. Janet Casey seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Janet Casey, in favor; Ruth Horton, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 Mark Torpey, Chairman stated the Board will now move on to discuss SEQRA Lead Agency Status. The City Council has requested Lead Agency Status in this matter. I do think the Planning Board has completed 99% of the SEQRA determinations in the City. I fell we are in a better position to complete the analysis. Clifford Van Wagner stated he is in favor of deferring Lead Agency Status to the City Council for SEQRA. They have asked for our opinion and we have provided it in detail. They have requested it and I have no problem with this request. Vince DeLeonardis, City Attorney stated the Commission of the Department of Environmental Conservation will rule on the final determination in the event there is an issue with Lead Agency Status determination. Discussion ensued among the Board concerning Lead Agency Status deferral to the City Council. City of Saratoga Springs – Planning Board September 6, 2018 - Page 11 of 20 Jamin Totino, Vice Chairman spoke regarding his concerns regarding the Short EAF submitted: 1. The description of the action is incomplete – The Full Environment Assessment Form only references the construction project, yet should also identify the necessary actions as follows: - Text amendment to the Comprehensive Plan should include “residence-multi-family” as a supporting facility. - The Comprehensive Plan map amendment should change the parcel designation from Residential Neighborhood-1 to Equine and Related Facilities. - Similarly, the Zoning Map needs to change the parcel designation from Rural Residential to Institutional Horse track related. - There are three Zoning Ordinance text amendments that should be included: 1) add “multi-family residences” as an allowable use in the INST-HTR with Site Plan Review. 2) revise area and bulk standards to all parcels in the INST-HTR district, not associated with horse racing/track, to one (1) residential unit per 5,000 square feet. 3) establish a new “residential recreational facilities” accessory use in the INST-HTR zoning district. The FEAF should be revised to include the identification of these actions and the SEQRA evaluation should include consideration and evaluation of all actions. 2. Response to question C.3.a “Zoning” is incorrect – should be changed to “yes”. - in addition, it should be noted that this property is a boundary property of the City-adopted Saratoga Greenbelt Trail. 3. Response to question D.2.j “Project Operations” relating to traffic: - the applicant indicates the creation of 192 new residential units with 278 parking spaces – there is no documentation or data analysis to support the response of “no” substantial increase in traffic above present levels. Under customary circumstances, the Planning Board would require the applicant to complete a traffic analysis, conducted by qualified traffic engineers, to confirm and/or address any potential impacts regarding access and intersection safety on this private road and at the intersections at Crescent Ave + NYS Route 9 and Crescent Ave + Nelson Ave. - Bunny Lake Drive is a private road. The Planning Board would require confirmation from a qualified engineer that the road is suitable for the projected increased level of traffic. Further, if this road remains private, there should be confirmation of suitable agreements relating to long-term responsibility and maintenance for this roadway – particularly as there is separate ownership among the existing and proposed parcels. - the applicant has indicated “no” to sub-question “viii”: The question is, will the proposed action include plans for pedestrians or bicycle accommodations for connections to existing pedestrian and bicycle routes? This is of great concern as this property is a crucial link on the Crescent Ave connector of the Greenbelt trail. Furthermore, the applicant purports that many of the residents will work locally at the Casino and will be of lower income. Consistent with the City’s complete streets policies, development objectives and neighborhood regulations, a successful development proposal of this magnitude should necessarily include a pedestrian/bicycle plan as part of a comprehensive approach to movement, transportation linkages and traffic. - the aforementioned considerations are consistent with the Planning Board’s customary SEQRA evaluation – as conducted for market rate projects, and for other affordable housing developments such as Intrada and The Link at SoBro. 4. There are a several blank responses that require answers and supporting documentation including D.2.k, D.2.q, D.2.r, D. 2. S, and E.3.e City of Saratoga Springs – Planning Board September 6, 2018 - Page 12 of 20 5. Response to question D.2.n indicates the presence of significant natural areas of Red Maple and White Oak swamp. The applicant should be required to submit documentation addressing any impact on these areas. 6. Similarly, the response to question D.2.n indicates the presence of a NYS or federally-listed endangered or threatened species or habitat of Karner Blue butterfly and Frosted Elfin. The Planning Board customarily seeks input from NYS DEC regarding potential impacts upon these populations or habitat areas, most notably the Beaver Pond project off of Geyser Road. 7. Response to E.1.a. should include Forest and Other- Parkland as existing land uses adjoining site. 8. Response to question E.3.f indicates that the project site is located in an area of archeological sensitivity. Supporting documentation should be submitted along with input from the NYS Preservation Office. 9. Response to question E.3.h is incorrect and should be corrected. -Site is directly proximate to Saratoga Spa State Park- one of four nationally designated historic landmarks, and important open space and recreational resource within the City. Including NYS Parks in regards to the SEQR environmental review is typically the Planning Board’s policy in projects such as this. -a 5-mile radius encompasses the entirety of the City of Saratoga Springs and, as such, includes the entire City’s open space portfolio including the Waterfront Park on Saratoga Lake. Similarly, this site is within the radius for all the City’s locally-designated historic properties, all of the properties on the State and National Registry of historic places, and four Nationally-designated historic landmarks: Yaddo, Canfield Casino & Congress Park, Saratoga Spa State Park and the Petrified Sea Gardens, also a Nationally-designated Natural Landmark. This site is also within the radius for the City’s Watercourse Protection District. Mark Torpey, Chairman questioned if the Board would consider adding the City Council shall coordinate with the Planning Board as an involved agency to identify the worse case scenario analyzed as part of the project. It would be helpful for us to have input. Clifford Van Wagner made a motion in the matter of the Liberty Affordable Housing, Crescent and Jefferson Street application the Planning Board defer SEQRA Lead Agency Status to the City Council including information and comments presented this evening referring to SEQRA review. Todd Fabozzi seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Jamin Totino, Vice Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Janet Casey, in favor; Ruth Horton, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, opposed MOTION PASSES: 6-1 The Board recessed at 7:50 P.M. The Board reconvened at 8:00 P.M. 4. 18.013 SARATOGA PET RESORT, Kaydeross Avenue West, Special Use Permit for an Animal Kennel in a Rural Residential (RR) District. City of Saratoga Springs – Planning Board September 6, 2018 - Page 13 of 20 Mark Torpey, Chairman stated the subject parcel located along rural stretch of Kaydeross Avenue West, wooded, low intensity uses within vicinity. Proposed 11,761 square foot facility for dog and cat boarding. Provided materials include concept plan, building rendering, 3/27 VHB Traffic evaluation, DEC Natural Heritage, and DEC Wetland Non- jurisdictional assessment correspondence. Additional information was requested from the applicant. Kate Maynard, Principal Planner, City of Saratoga Springs reminded the Board that the Public Hearing was closed at the last meeting and what is before the Board this evening is SEQRA review and also review of considerations for Special Use Permit. If these actions move forward then the project would require Site Plan Review. Applicant: Jen and Peter Lopatka Agent: Jon Lapper, Attorney; Scott Learned, Learned Design; Jeff Anthony, Trish O’Grady Howard, Studio A; Wendy Holtzberger, VHB Mr. Lapper stated he is the attorney for the applicants. They will provide a visual presentation of the project incorporating the changes. Scott Learned, the project architect designed this project. The design and operation are dramatically different than facilities in the area. We have the information requested by the Board to present the traffic study which was completed and Scott Learned will present the changes proposed to the project. Wendy Holtzberger, VHB. VHB has provided written responses to the concern and questions the Board had concerning traffic. The information which was presented does substantiate traffic impact for this project is minimal. This information was sent to Chazen who reviewed the initial study as well as the additional comments and reviews. Chazen did agree with the safety comments and the magnitude of traffic this site would generate. They did suggest that we maximize the site line from the site perhaps even adjusting the location of the driveway. Our suggestion would be to split the driveways one on the east side and one on the west side of the site trying to reduce the impervious pavement. Landscape berms along the road for buffering. Scott Learned, Design Learned provided a visual presentation of site for the Board. The number of enclosures have been reduced and we moved all of the play areas to the left. The right side will be used to walk dogs on leashes. Play yards contain small groups of animals that are grouped by size and age and are supervised. There are no unsupervised groups of animal outside. Mark Torpey, Chairman questioned the hours of operation. Jennifer Lopatka applicant stated the facility will be open Monday-Friday 7AM-7PM. Staff arrives at 6 AM and in the evening they do last walk at 9:00 PM and they will leave at 10 PM. On Saturdays we are open 8AM to 5PM; with staff arriving at 7AM and closes at 6PM. Staff will have an additional shift to return at 9:00 PM for last walk leaving at 10PM. Sunday hours are 9AM to 4PM. Staff arrives at 8AM and leaves at 4PM returning at 9:00 PM for last walk leaving at 10PM. With the current revision of the project Phase I and Phase II together provide 162 total enclosures which includes 12 cat enclosures and a number of enclosures for time out. There are also some small enclosures for pet grooming and isolation area for sick pets. Ruth Horton questioned the number of traffic trips bringing animals in during a two hour period. Ms. Holtzberger, VHB spoke regarding trip generations which were prepared for this project both AM and PM. We provided a very conservative estimate on the original size 166 enclosures of the project and we determined during a two hour window in the AM and the PM associated with the day care portion of this application would be 52 vehicles during that peak two hour time. Discussion ensued regarding the trip generations and traffic thresholds. Mark Torpey questioned if the applicant would be agreeable to a 53 maximum for day care animals. City of Saratoga Springs – Planning Board September 6, 2018 - Page 14 of 20 Ms. Lopatka stated she is agreeable to this number for day care animals. Janet Casey questioned if the applicant could perhaps provide some type of scheduling for day care animals to prevent the influx of traffic all at one time. Ms. Lopatka stated they would be agreeable to this, probably through a reservation system. Ruth Horton questioned the water supply. Tim Wales, City Engineer did speak about the connection to the city water and his concerns in this area. Mr. Learned stated there would be a well on the site with a tank of backup water as well as backup power on the site. Mr. Wales indicated they would be updating the water supply system but the time frame is uncertain. The plans will designate the site for the location of the generator. Jamin Totino, Vice Chairman stated this is a great idea and a great design but it is not in the right location. Our criteria states the density, intensity and compatibility of the use with the neighborhood and community character, it presents a negative impact on the surrounding area. We have heard from almost all the neighbors in this area and almost all of them do not support this project. This also impacts the long term economic viability of the site and neighboring properties and districts. This is a heavy impact on the neighbors. I am not supporting this application. PUBLIC HEARING: Mark Torpey, Chairman reopened the public hearing at 8:34 PM. John Mastropietro, Stable Lane. Concerned regarding impact of 50-75 dogs per day. The Route 9 intersection is going to be impacted. This will be in our back yard. Matt Sammes, owner of the proposed Pet Lodge around the corner. I am in this type of business. The road is dangerous and this is too close to the current homes. Our locations are buffered by forests and land surrounding them. Pick up and drop off, from experience is 7am to 9am and 5pm to 7pm and then there is virtually nothingin between. I am speaking from experience. Brian Statrich, Stable Lane. We have two concerns. Hours are extending into 9PM. What type of lighting will be used in the parking lot. This new construction on Kaydeross Avenue is changing the character of the area. Jamin Totino, Vice Chairman spoke regarding a conservation subdivision which he feels is in this area and makes the project even more impactful and inappropriate. Barbara Waite, 2 Stable Lane, concerned regarding the water system which is old and inadequate. Concerned about traffic and is opposed to the project. Mark Torpey, Chairman closed the public hearing at 8:43 P.M. Mr. Learned spoke regarding the lighting for this project. As far as a reservation system – many facilities are handled this way and it does help mitigate the traffic. It is not uncommon or unreasonable. Jeff Anthony, Studio A provided a visual of the site and spoke regarding the location and other mixed uses in this area. Janet Casey stated she is concerned regarding the road configuration and the traffic, along with the neighbors concerns. Ms. Lopatka stated how this business will be operated. I will be there each day all day and we are sympathetic to our neighbors. City of Saratoga Springs – Planning Board September 6, 2018 - Page 15 of 20 Todd Fabozzi spoke regarding this project and what we have heard from the neighbors and the experts. The traffic issues have been addressed, and the elements of the design. He questioned if a farmer could put 100 cows in this location. Kate Maynard, Principal Planner stated yes, this is allowed in this district. Mark Torpey, Chairman stated Part I of the EAF was submitted by the applicant is accurate and accepted by the Board. The Board reviewed Part II of the EAF. The Board noted two areas of concern. Kate Maynard, Principal Planner, City of Saratoga Springs stated the Board is looking at a further analysis in a Part III, in terms of whether significant adverse environmental impacts is something that can be further mitigated by project review. She recommends the Board collect their thoughts in written format to be able to completely assess the impact. Mark Torpey, Chairman suggested the Board fill out Part III of the EAF and will re-caravan the site. We request the applicant return to the next meeting for a determination. Pam Stionsen, 5 Stable Lane. Questioned if an additional soil sample was done in a different season for seasonal fluctuation. 5. 09.001.6 WAGNER SUBDIVISION, Shaw Drive, Request for a Modification to Park Grove Phase 2 Subdivision approval within an Urban Residential (UR-2) District. Mark Torpey, Chairman stated the applicant appeared before this Board on May 17, 2018 with a request for a Modification to Park Grove Phase 2 Subdivision approval. At that time the Board requested additional information regarding how single driveways would be located on individual lots and any impacts on subdivision layout and home features. Information on presence of and location requested for porches and garages either side, rear or front loaded. The public hearing was opened and remains open. BACKGROUND: Park Grove subdivision was proposed and approved by the Planning Board in 3 phases. Project inactive for long period of time, sold to different builders, remainder of project lots sold to Dave DePoalo. A meeting was held to discuss the project requirements with the applicant it was stressed that the project was to remain as approved with no modifications proposed. An Administrative Action was approved which removed the requirement for a path along the rear of the lots parallel to the Spa State Park adjacent property. In 2017 an Administrative Action proposed and reviewed which would eliminate shared driveways for all lots within the Shaw Drive phase. Prioritization requested for what may the most desired sites to separate driveways. SEQRA: SEQRA review was completed with the original application. Action appears to be a Type II action and no further actions is required. Applicant: Dave DePaulo, Bella Homes Agent: Mike Binachine, Lansing Engineering Mr. Binachine provided a visual of the original subdivision which was approved in 1999. What the applicant is requesting is for the five lots remaining with the common driveway easements to be eliminated from the requirement from the subdivision approval. The original common driveways were something the original developer proposed. At the applicants last appearance before the Board your request was to provide a sketch of what the change would be. The applicant provided a section of the subdivision showing individual driveways for each of these lots. The main concern of City of Saratoga Springs – Planning Board September 6, 2018 - Page 16 of 20 the developer is it is very difficult to work with each of the owners who want different things and try to accommodate them. He needs the flexibility to make the parcels work due to the fact that these lots are narrower and smaller than others in the development. Mr. Binachine stated the common driveways were not a condition of approval on the application. Mark Torpey, Chairman stated he sees this application as a minor request. Kate Maynard, Principal Planner, City of Saratoga Springs stated we visited the site along with Park Staff. They were surprised by the clearing and requested a split rail fence on the inside should be installed. Mr. Bianchine stated he will inform the applicants and they will comply. PUBLIC HEARING: Mark Torpey, Chairman stated the public hearing was opened and remains 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 9:32 P.M. Clifford Van Wagner made a motion in the matter of the Wagner Subdivision, Shaw Drive, request for a modification to Park Grove Phase 2 be approved. Jamin Totino, Vice Chairman seconded the motion. VOTE: Jamin Totino, Vice Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Janet Casey, in favor; Ruth Horton, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 6. 18.036 385 BROADWAY MIXED USED BUILDING, Consideration of lead agency for SEQRA review and site Plan review for commercial and multi-family residences in a proposed building in the Transect-6 Urban Core District. SEQRA: Action appears to be a Type I action due to the site’s location within the downtown historic district. DRC is the other involved agency with potential interested agency of SHPO. DRC deferred Lead Agency status to the Planning Board at the July 18, 2018 meeting. A long EAF has been submitted. SHPO response states, “Because the building is non- historic, we have no concerns with any interior work”. Desire to provide additional information to SHPO for further consideration concerning elevation drawings and aerial perspectives. BACKGROUND: The property is located in the heart of Broadway. Project proposes to demolish the existing single story building and construct a mixed use 5 story building, consisting of 10,000 square feet of commercial space and 72 multi-family residential units. DRC Historical Review is also required. Updated information submitted on August 17, 2018 includes revised site plan set, Full EAF, traffic study, SHPO response letter, easements grants memo and exhibits, comment response letter, cost estimate for LOC and SWPPP. City of Saratoga Springs – Planning Board September 6, 2018 - Page 17 of 20 Applicant: Peter Rosecranz, Burns Management, Tom Newkirk, Beth Jameson, 385 Broadway, LLC Agent: Dave Carr, Doug Heller, LA Group; Mike Phinney, Principal, Phinney Design Group, Project Architect; Lee Stitzer from LA Construction Mr. Carr stated the applicant is requesting Site Plan Approval for the project at 385 Broadway. The project applicant has had the opportunity to speak with many of the neighbors. We presented this project to the DRC on July 18, 2018 and received positive feedback from them. At that time they deferred Lead Agency Status to the Planning Board. We have heard great information from the neighbors at 18 Division Street and have made some project modifications following those conversations. We also met with staff and have provided additional information including a traffic study, a signoff from SHPO, and the existing easement language with 18 Division Street. Responses to the town designated engineer were received and some revisions were made based on those comments. Basically we have reduced the unit count from 72 down to 69 for a reduction of 3. We have increased the number of parking spaces from 47-49. The upper levels of the rear of the building have been pushed back from 18 Division Street about 9 feet. The building is reduced in size somewhat. There was concern about the rooftop patio space and that has been moved. Visual of the proposed site and surrounding areas were provided to the Board. There will be a 20’ wide easement to access the parking lot and for use of tenants at 18 Division Street. We are proposing 69 units on just over .7 acres. The property is an L shape with only 65 feet of frontage on Broadway. 49 surface and garage spaces including underground parking. Retail stores are existing in this building now and they will return to the building upon completion of the project. We have had three meetings with National Grid and have met on the site. They have approved the locations of two transformers and switch gears to the back corner of the property. They reviewed all the possibilities and they felt this was best location for the switch gears for our project and Druthers. Mr. Phinney provided a visual of the proposed site and floor plans. Surface parking along the back of the building. Concern was voiced by 18 Division concerning the alley and traffic and especially moving in or out days. Peter and Tom have decided to provide a rear freight elevator and three parking spaces in that area will be coned off for the time the moving in and out occur. Loading and unloading areas would be out of the easement. 32 parking spaces are on the ground level. There is a parking level which will allow for stacked lift as well as a car carousel system. There are bike rack areas provided as well. The two commercial tenants who occupy space now will return following construction with the potential for a third tenant. Bathrooms will be added as well. A review of all elevations was provided to the Board. Floor plans indicate the two bedroom units will face Broadway on every floor, one bedroom units and some micro units. Mr. Phinney provided floor plans of the building noting some micro units, which will be unique to this area, which are fully furnished and approximately 550 square feet. The roof will be a terraced roof, with greenery and plantings. This will be a nice amenity for the tenants as well as the neighbors. The green roof on the upper roof as well as the terraced roof will be a part of the stormwater management control. A schematic of the massing was provided to the Board noting the two buildings are connected via a glass walkway on the upper level. The higher parapet wall will hide all the mechanicals which will not be visible from the street. Since our last appearance before the Board we changed the location of the roof terrace to the other building and added additional screening. The neighbors will have a garden view. Mr. Phinney provided a view of the design of the front of the building which are echoing some of the elements of the old United States Hotel. Several samples of where the inspiration for this building came from were provided. We are pulling back from the alleyway a fair distance. There will be one story covered parking. A retail area is proposed on the ground level. Streetscape improvements are proposed as well as some civic areas. Mr. Carr reviewed the parking plan. 69 residential units are being proposed. The commercial matches what is there now. We are focusing on the residential knowing some of the space will be dedicated to the retail tenants and their employees. In a T-6 zone parking is not required. Using the formula for a T zone residential at 1½ per unit we would need 104, we are proposing 49. There is an imbalance there. We will be utilizing public parking. Available public parking around the site indicates 5 surface parking areas within a 1/3 of a mile providing approximately 1,000 parking spaces. City of Saratoga Springs – Planning Board September 6, 2018 - Page 18 of 20 Mr. Phinney stated this will be a smart building. Peter Rosecranz and his team pride themselves on providing a state of the art building system. This is like taking a smart home and providing that in every single apartment. This incorporates many energy reducing technologies. Door locks and motion sensors, high speed fiber optic system will be provided in the building. You can control your unit anywhere in the world via your telephone. This will reduce energy consumption. This will be a state of the art building providing lower gas, electric and cable services. This building will provide higher density and promotes higher usage in general promote urbanism concepts and provide market rate apartments. The roofs will handle stormwater management. Mr. Phinney described the types of materials they are considering for the project. The applicant is proposing the demolition of the current building and rebuilding a 5 story building in its place. Brick veneer with metal panels, strong store front demarcations. Peter Rosecranz provided the Board with information concerning the smart apartments which are currently in use on Excelsior Avenue. Mr. Phinney provided a visual of the demolition phase, and what is to be expected and what is being done to mitigate construction vehicles and demolition debris and safety which should be completed in one month. February is the target month for this project. Foundation and Excavation and Construction are the second phase and should begin in March. Excavation for Phase I should be completed in 2 month, and Excavation for Phase 2 should be completed in 3 months. Building construction Exterior Framing and Interior Finishes for Phase 1 should be completed in 4 months, and Exterior Framing and Interior Finishes should be completed in 4 months which will begin 4 months after Phase 1 framing commences. Mr. Carr provided information concerning civic space. Part of the façade design was taking into consideration the United States Hotel which existed at this location and the placement of some education material. We will work with the Historical Society utilizing either a sculpture or information or some sort of interpretative area about the United States Hotel which was important in the City of Saratoga Springs and at one point was one of the biggest hotels in the world. Old photographs show the sidewalks area here very simple and we would like to match what is in the vestibule. Also we are very interested in keeping the pedestrian connection. Mark Torpey, Chairman asked if there was any further information from the Board. None heard. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. John McDermott, 511 The Lofts. He voiced concern regarding impediments to access the easement. Also, happy the common area has been moved. David Mathesion, 18 Division Street, The Lofts. His primary concern is the easement area. Also increased traffic is a concern especially moving in and out of the units. Ted Winowski, 18 Division Street. He would like to have the applicant give consideration to their access to the driveway. The changes which have been made are good. I would like to see this in more detail. Concern regarding increased traffic. Randi McDermott, 511 The Lofts. I believe you are underestimating how many people will have cars. Her concern is increased traffic. Jim Brockman, 18 Division Street. I appreciate the new design for the roof terrace. C. APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the September 20, 2018 Planning Board Meeting. City of Saratoga Springs – Planning Board September 6, 2018 - Page 19 of 20 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 10:45 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 11-1-18 City of Saratoga Springs – Planning Board September 6, 2018 - Page 20 of 20

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