Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, DECEMBER 12, 2019 6:00 P.M. RECREATION CENTER CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:05 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman; Jamin Totino, Vice Chairman, Ruth Horton, Sara Boivin; Todd Fabozzi; Bob Bristol ABSENT: Lexi Bonitatibus STAFF: Susan Barden, Principal Planner, City of Saratoga Springs Vince 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. A. APPROVAL OF MEETING MINUTES: Approval of meeting minutes was deferred to the end of the meeting. B. 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 or 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. None at this time. PRESENTATION BY STEVE LASHOMB, CITY ARBORIST Mr. Lashomb, City Arborist described and provided information to the Board including the duties and responsibilities for his position and as a working supervisor. Mr. Lashomb reviewed the current rules and regulations his department adheres to and enforces. C. APPLICATIONS UNDER CONSIDERATION 1. 20190117 EBERLEIN SUBDIVISION, 42 Ruggles Road, final subdivision of a 2-lot conservation subdivision within the Rural Residential District. Mark Torpey, Chairman stated this is a proposed two-lot conservation subdivision with a combined 5.10 acres as a deed-restricted conservation area. The total lot area is 10.30 acres. Maximum number of lots is 4, proposed is one additional lot consisting of 3 acres. City water and individual private septic system is proposed. We have just this date received comments from Chazen, the City’s consulting engineer. The Board has not had an opportunity to review them. The Chair requested the applicant review and provides further information on the highest level of changes made. Applicant: Geraldine Eberlein Agent: Dave Ingles, Ingles and Associates, LLP Mr. Ingles stated the applicant appeared before this board in May of 2019. Mr. Ingles provided information to the Board noting the majority of comments from Chazen, the city’s engineering consulting firm were centered on any potential impacts from stormwater runoff from the project. The agent for the applicant provided a visual of the proposed site for the subdivision for the Boards review. The site encompasses 10.3 acres and the proposal is to subdivide 1 new lot for a new structure which would be approximately a 3 acre site, which follows the guidelines for the conservation subdivision. The project does have a deed restricted conservation area of approximately ½ of the site a little over 5 acres. The house is in a higher elevation with sandy soils and good a drainage area for the septic system. We are proposing the driveway on the left hand side of the property, which allows maintenance of the 100 foot buffer and the septic system. Concern was voiced about the slopes and they are localized and are not large or steep slopes. These will be graded with the driveway. There was some concern voiced regarding the 15” culvert and stormwater impacts. A full SWPPP was conducted as well as a drainage analysis and this was provided to the Board and reviewed by Chazen. There was concern noted along the Lands of Raga trust concerning trees to be removed. The applicant is proposing to add additional buffering with white pines and oaks which are indigenous to the area. We have limited the area of disturbance to less than an acre only clearing for the house, septic system and yard area. Out of the 10 acres we are only impacting less than .99 acres maintaining as much of the vegetation as possible, some will be within the deed restricted conservation area. This has been submitted to Planning and legal staff for their final review and will be a binding document on the owner. Todd Fabozzi questioned the conservation area and how will it be buffered and denoted. Mr. Ingles stated over half the area will be preserved. The applicant will provide signage so it will remain for perpetuity. Mark Torpey, Chairman noted the siting of the home is 240 feet off the road. The driveway is located in an area noted as having steep slopes. The proposed house site and driveway should be located closer to the road and away from the existing slopes while maintaining the 100 foot rear buffer. Mr. Ingles provided further information concerning the area chosen for the siting of the home and the septic system, with the possibility of re-siting of the driveway further away from the steep slope area in question while maintaining the natural buffer. Discussion ensued concerning how the constrained lands were determined by the applicant and applicant’s agent. Mark Torpey, Chairman stated that there were 16 areas of concern noted by Chazen which are relatively important. Susan Barden, Principal Planner for the City of Saratoga Springs stated in the correspondence received this date from Chazen there were five statements noted. No storm water issues were raised. Mr. Ingles stated regarding the correspondence in question Chazen does not need to review the plans again, this is up to staff. A stamped survey will be required when the plans are re-submitted. Discussion ensued concerning a drainage easement, correspondence from the Town of Saratoga regarding this project and the updated SWPPP regarding culverts. Mr. Ingles provided information to the Board on a drainage easement, noting the location on the provided site map. City of Saratoga Springs – Planning Board December 12, 2019 - Page 2 of 7 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. Leeanne Raga, 50 Ruggles Road. The Raga Family Trust owns the property at 50 Ruggles Road which is adjacent to the proposed project, and opposes the subdivision. Written comments in opposition to this project have been submitted to the Board on May 16, 2019, June 3, 2019 and June 12, 2019 when we met with representatives from Public Works at the site. This application was tabled in May awaiting further engineering review. This review was conducted by the Chazen Company. The response to this review was posted on December 9, 2019 less than one week prior to this meeting. This does not provide neighbors time to obtain legal or engineering advice. There are errors in the report concerning the EAF form. One of the issues raised with the information posted on Monday, effects on wetlands are noted as no effect on wetlands. Also, on the SWPPP form posted originally it was noted no culverts no issues. A visual was provided of the culverts as well as a watershed area. On the updated SWPPP the box is still checked noting no culverts. Ms. Raga reviewed the code and noted the siting of the driveway is in violation of the code, there will be many trees removed and this is a 3 acre lot so 1/3 of the total land will be disturbed. This is a rural residential area and the intent of the district is to preserve open space, due to the limited space, topography, the slopes, the wetlands and the lack of public infrastructure. She also spoke about the disturbance of the site, removal of trees, stormwater management and wetlands. This subdivision will have a destructive impact on the drainage areas, stormwater management, wetlands, and is not consistent with the intent of rural residential district, conservation policy and the city code. Also, the Chazen report noted our property will be impacted by this project. We are opposed to this application. Joy Bull, 47 Ruggles Road. She will be most impacted by the water issue and this project. She spoke regarding the easement and the overload of water. Her well is out front and she is concerned the well will be contaminated. Also the leach field placement and that drainage are of concern. All the water you are speaking of goes into a deteriorating culvert which runs under Ruggles Road. Water is an issue and she spoke concerning the 2 ½ acres she owns and the water issues which currently exist. She opposes this application this will have implications for all the adjoining properties. Nick and Anna DiMatteo, 51 Ruggles Road. They have the same issues with water as their neighbors and they have the same concerns as the neighbors noted. Todd Fabozzi inquired of the applicant’s agent if all the stormwater will be handled on site. Mr. Ingles state they have performed a complete drainage study analysis and all potential impacts from stormwater will be mitigated and handled on the site. There will be no downstream impacts. There will be no increase to runoff following construction. The comments the Board is hearing today were also heard at the May meeting. These are not new comments from the public. The wetlands were delineated by qualified biologists at our firm. We have data to reaffirm our conclusions. Regarding the density, 4 homes could be built on this site we are proposing only one. This is a modest proposal two lots on 10 acres. We have reduced the impacts that we could. We are willing to move the driveway to mitigate the issues the neighbors noted. We have completed a drainage analysis with a report which was provided to the Board, a stormwater analysis was completed noting all storm water will be mitigated on the site as concluded by our report and also that of the consulting engineer Chazen. Mark Torpey, Chairman stated when reviewing the information he still has some questions. Discussion ensued among the Board regarding the proximity of the area to the Town of Saratoga and the possibility of hearing from them regarding this application. The short amount of time between Chazen’s comments and this meeting does not allow staff and neighbors to review and properly respond. The Board concurred they are not ready to move on this application this evening. Also, the Board noted it is within the Boards purview to determine the constrained lands they are looking to obtain some additional information. City of Saratoga Springs – Planning Board December 12, 2019 - Page 3 of 7  DISCLOSURE: Vince DeLeonardis, City Attorney, disclosed approximately 7-8 years ago he represented The DiMatteo’s in a personal legal matter. This in no way affects his ability in representing the City and being impartial in decision making. Mark Torpey, Chairman disclosed he has used the services of Mr. DeMitteo as a tailor in the past. Mark Torpey, Chairman spoke regarding the subdivision regulations noting Class A and Class B lands and the Boards responsibility in accepting a portion of these lands donated for either active or passive parkland. For smaller subdivisions we institute a fee in lieu of, a recreation fee typically. The applicant should review this prior to the next meeting. We will not be taking action on this application this evening. Leeanne Raga, 50 Ruggles Road spoke regarding excavation, asphalt and construction equipment disrupting the current drainage and going onto her property. Mark Torpey, Chairman questioned if stormwater must be managed on the site. Mr. Ingles stated there is no additional runoff to the neighboring property per their engineering report. Mark Torpey, Chairman stated the public hearing will remain open. Our next Planning Board meeting is scheduled for January 16, 2020. 2. 20190941 58-60 BEEKMAN MIXED USE PROJECT, 58-60 Beekman Street, site plan review for 860 square feet non- residential use to an existing three-family residence in the NCU-1 District. Mark Torpey, Chairman stated this application appeared before the Board previously. A Special Use Permit was issued on June 20, 2019 for an 860 square foot artist studio. It then appeared before the DRC for architectural review. This is an existing building and developed site. A lawful pre-existing non-conforming three family with a fourth unit non- residential. Site plan review for a three family residence and 860 square feet non-residential use including 8 parking spaces. Applicant: Robert Rothschild Agent: Peter Loyola, CLA Site Landscape Architecture Mr. Loyola stated following receipt of a Special Use Permit at the request of this Board, we appeared before the DRC even though we were not making or proposing any improvements. When Mr. Rothschild purchased the property back in 1989 he slowly made some improvements. All improvements which were made on the site occurred before the zoning change and DRC jurisdiction. The largest concern was the possibility of constructing a handicap ramp. We did a life cycle analysis for and provided information to Patrick Cogan, Building Inspector. It was determined we do not need to provide handicap accessible entrance to the unit. We did not fall under the requirement for it. There are exemptions to the code for accessibility when there is an existing facility and we fell within that jurisdiction. We did not trigger handicap access to meet the code. The handrails and steps outside meet code. The applicant has a buyer who is still willing to purchase the property. There is a condition noting the non-residential space will require a building permit to convert the space from residential to commercial. An inspection will be required. We have ample parking to accommodate 8 cars stacked. The frontage of the site has two street trees and one street light. We are asking at this time for site plan approval. Discussion ensued among the Board regarding parking requirements in this area, how the parking is managed. Mr. Loyola stated a floor plan was provided to the Building Inspector and we will comply with his requests on the interior modifications of the building. City of Saratoga Springs – Planning Board December 12, 2019 - Page 4 of 7 Mark Torpey, Chairman asked if there was any further questions or comments from the Board. None heard. Mark Torpey, Chairman stated this approval is for an artist studio only. Todd Fabozzi made a motion in the matter of the Beekman Mixed-Use Project; 58-60 Beekman Street Site Plan application be approved. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, in favor; Todd Fabozzi, in favor; Ruth Horton, in favor; Sara Boivin, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 8:05 P.M. The Board recessed. 8:10 P.M. The Board reconvened. 3. 20190907 CITIZENS BANK, 1 Ballston Avenue, site plan review for a financial institution within a Transect- 5 District. Mark Torpey, Chairman stated this application previously appeared before the Board on October 17, 2019 when a Special Use Permit was approved for a financial institution. DRC architectural review and approval was granted on October 16, 2019. Saratoga County Planning Board referral response was provided noting “No Significant Countywide or Intercommunity Impact” issued on October 17, 2019. Applicant: Citizens Bank Agent: Matt Silva, Bisbano & Associates Mr. Silva provided a recap of the project for the Board noting the discussion regarding the public right of way encroachment on the property. We did remove the built up plaza in this location, thereby removing the encroachment. We have filled this area in with additional green space and provided some public benches to re-energize this corner. We have removed a portion of the stamped concrete area and we will be providing a planter in this area to increase the green space. Lastly we received a comment regarding the corner of Hamilton and Ballston and the two spaces will be filled in to increase the green space. We did receive some comments from the Department of Public Works and some finalized information is still pending regarding how to tie in the street lamps and their locations and finalized location and types of street trees along Ballston Avenue and Hamilton Street. Additional renderings of the updated plans were provided to the Board. Todd Fabozzi stated the Board did previously discuss the proposal for some art or planter for the civic space area. Discussion ensued among the Board concerning the proposal for art, a planter or fountain in the civic space area and the proposed signage. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Susan Barden, Principal Planner, City of Saratoga Springs indicated she had a conversation with CDTA regarding the Boards suggestion for the possibility of a Bike Share station in this area as well as the South Broadway Hotel location. CDTA noted they have extra bikes and noted the Board’s recommendation for these two stations. City of Saratoga Springs – Planning Board December 12, 2019 - Page 5 of 7 Mr. Silva indicated that there will be a bike rack installed in this location as well. Mark Torpey, Chairman stated the Board will need to act on the waiver for the reduction in parking in a separate motion. Jamin Totino, Vice Chairman made a motion in the matter of the Citizens Bank, 1 Ballston Avenue to approve the waiver for parking reduction to accommodate green space at Hamilton and Ballston Avenues. Ruth Horton seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, in favor; Todd Fabozzi, in favor; Ruth Horton, in favor; Sara Boivin, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 Mark Torpey, Chairman reviewed the conditions for Site Plan Approval: -Coordinating with the Arts Council and staff for the public art piece and to work in good faith with the City and DPW. -Installation of two street trees on West Circular and one on Hamilton Street from the small species list in coordination with the City Arborist and DPW. -Suggestion to remove the Norway Maples on Ballston Avenue. -Removal of the existing patio encroachment in the City’s right of way. Bob Bristol made a motion in the matter of the Citizens Bank, 1 Ballston Avenue application to approve the site plan with the conditions as noted by the Chair. Sara Boivin seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, in favor; Todd Fabozzi, in favor; Ruth Horton, in favor; Sara Boivin, in favor; Bob Bristol, in favor MOTION PASSES: 6-0 COMMENTS FROM THE CHAIR: Mark Torpey, Chairman thanked Board member Bob Bristol for his many years of service to the City and the Planning Board. Mark Torpey, Chairman read a mayoral proclamation in honor of Bob Bristol. APPROVAL OF MEETING MINUTES: Mark Torpey, Chairman made a motion to approve the meeting minutes of the November 2, 2019 meeting as submitted. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, in favor; Todd Fabozzi, in favor; Ruth Horton, in favor; Sara Boivin, in favor MOTION PASSES: 6-0 City of Saratoga Springs – Planning Board December 12, 2019 - Page 6 of 7 UPCOMING MEETINGS: Planning Board Caravan, Thursday, January 9, 2020 at 4:00 P.M. Planning Board Workshop, Thursday, January 9, 2020 at 5:00 P.M. Planning Board Meeting, Thursday January 16, 2020 at 6:00 PM. MOTION TO ADJOURN: There being no further business to discuss Jamin Totino, Vice Chairman adjourned the meeting at 8:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 2-27-20 City of Saratoga Springs – Planning Board December 12, 2019 - Page 7 of 7