Planning Board

PLANNING BOARD MINUTES (FINAL) THURSDAY, SEPTEMBER 24, 2020 6:00 P.M. ZOOM WEBINAR CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:01 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman; Jamin Totino, Vice Chairman; Ruth Horton; Todd Fabozzi; Sara Boivin; Kerry Mayo; Lexie Bonitatibus; Jason Doty, Alternate DESIGN REVIEW COMMISSION MEMBERS PRESENT: Tamie Ehinger, Chairman; Leslie DiCarlo; Rob DuBoff; Ellen Sheehan ZONING BOARD OF APPEALS: Keith Kaplan, Chairman; Gage Simpson; Matthew Gutch STAFF: Susan Barden, Principal Planner, City of Saratoga Springs Amanda Tucker, Senior 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. C. PRESENTATION OF SECOND DRAFT OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) BY CAMIROS, LTD. Mark Torpey, Chairman stated this evening Arista Strungys and Chris Janette, from Camiros will be presenting the second draft of the Unified Development Ordinance (UDO). We do have members from the ZBA and DRC in attendance this evening as well. Following the presentation, we will allow for a question and answer period. The regularly scheduled Planning Board Meeting will follow this presentation. Ms. Strungys and Chris Janette presented the Second Draft 2.0 of the Unified Development Ordinance (UDO). A question and answer period followed the presentation.  THE PLANNING BOARD OFFICIAL BUSINESS BEGAN AT 7:45 P.M. D. APPLICATIONS UNDER CONSIDERATION: 1. #20200574/17.074 REINTRODUCTION OF EXCELSIOR PARK PROJECT, Excelsior Avenue & Ormondy Lane, Initiation of Coordinate SEQRA Review for a proposed mixed use development including 163 residential units, 36,200 square feet of commercial space, and a 60 room hotel and restaurant within the T4 & T-5 Districts. Agent: Dave Carr, Doug Heller, LA Group Mark Torpey, Chairman stated this project was previously presented at the last Planning Board Meeting. The applicant’s agent provided an overview of the project which was begun in 2002. The objective of the Board this evening is to Initiate Coordinated SEQRA Review and request Lead Agency Status for SEQRA. No action will be taken this evening this is merely a procedural item. The Chairman did note this is a larger project than initially presented and requested the advice of Mark Schachner, Counsel to the Land Use Board to be included in this project conversation when it returns before the Board. Susan Barden, Principal Planner discussed with the Board working through an EIS on a project previously approved some time ago and the thresholds associated with that. Mark Schachner will be joining the Board for review of the project. Mr. Carr stated it would be prudent to include the involved agencies which were included in the SEQRA Review in 2002. We have done some comparisons regarding SEQRA then and now and will provide that information to the Board. Ruth Horton made a motion in the matter of the Excelsior Park Project, Excelsior Avenue and Ormondy Lane that the Planning Board request Lead Agency Status for the project. Todd Fabozzi 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; Ruth Horton, in favor; Todd Fabozzi, in favor; Sara Boivin, in favor; Lexie Bonitatibus, in favor; Kerry Mayo, in favor MOTION PASSES: 7-0 2. #20180203/18.016 ANW HOLDINGS, INC., SUBDIVISION MODIFICATION, Birch & Hyde Streets, subdivision modification to a previously approved three-lot subdivision to remove a condition of approval to permit removal of a silver maple tree at 13 Birch Street. Mark Torpey, Chairman stated this is a previously opened application and was reviewed at the previous Planning Board Meeting. The Board was awaiting additional information from the City Arborist, Steve Lashcomb. The City Arborist has visited the site and provided information to the Board, confirming the damage to the root structure of the tree has indeed been jeopardized and therefore in his professional opinion the tree is not in a safe situation. As the Board is aware, as part of the Notice of Decision issued by the previous Planning Board, preserving and protecting the heritage 55-inch mature silver maple tree was a condition of approval. There was no delineation of the tree and route system, no attempt to protect and preserve and identify what areas should not be excavated out. It seems to be a blatant violation of what the Planning Board had asked the applicant to consider. We are not an enforcement Board. We have a tree that needs to be removed now and it is in violation of the approval which was issued by the Board. What the Board needs to discuss is the proper mitigation strategy. New plantings should be done in the City Right of Way in order to be protected. City of Saratoga Springs – Planning Board September 24, 2020 - Page 2 of 4 John Witt, contractor stated the root system was in the setback of the house. It was noted back when this was approved. We have pushed the current house as far to the right as possible. He would be happy to donate trees and does not feel there is a violation. Blaine Terrantino, 110A Regent Street. Ms. Terrantino stated this home being built is her future home. She stated she is a lifelong Saratoga Resident. The tree is in jeopardy. The landscaper, contractor and owner will be adding a landscape wall, and dogwoods. She noted the tree was dead before the project began. Mark Torpey, Chairman spoke regarding alternatives which could have been instituted to help preserve the tree. Jamin Totino, Vice Chairman questioned the boundaries of the Board with regard to requiring the addition of trees. There are some areas on the west side that could use some trees. Even in this neighborhood. Vince DeLeonardis, City Attorney stated the issue does fall with the developer not the property owner. The issue of how far is difficult. The Board does want to address the issue of mitigation of the removal of the tree, but it is impossible to quantify the effect or value of a 200-year-old maple tree. You have the option to request the developer to submit a mitigation plan to the Planning Board to review and consider. Sara Boivin questioned if the waiving of sidewalks was part of this project due to the tree and therefore required the condition for the preservation of the tree. The in lieu of amount regarding the cost of what sidewalks would entail could be put into the reforestry fund or for the City to use for tree relief projects throughout the city. Perhaps an in lieu of fee could be discussed. Mark Torpey, Chairman stated due to the topography of the site the sidewalks were waived with an in lieu of fee. Jamin Totino, Vice Chairman stated he feels the developer should return with a mitigation plan and strongly encourage that the mitigation be on the west side and in this neighborhood. Sara Boivin questioned if the Board could request information from Sustainable Saratoga or Urban Forestry. The Board could ask for their assessment and professional opinion. Mark Torpey, Chairman stated this is a good point and the Board will ask for a mitigation plan from the developer. The Board will also reach out to Sustainable Saratoga and input from Steve Lashcomb as to what the appropriate location and the number of trees which would be needed in this area. Ruth Horton stated she is disappointed and would have expected the developer to have presented a mitigation plan this evening. Todd Fabozzi questioned what the fine would be for the violation. Vince DeLeonardis, City Attorney stated a Notice of Violation has not been issued in this matter. We can have a conversation with the Zoning Officer as to whether he feels one is appropriate. There was language on the subdivision that indicated preservation of the tree and protection of the root system during construction was required. The fact that the tree was neither protected and the root system was not protected is something we would not have difficulty establishing in court, if we were to go that route. Part of the determination is likely the outcome of the Planning Board. The fines would begin after the period in which the property owner has secured the violation. First a Notice of Violation is issued, they are provided 30 days to cure that violation. If it is not cured during that period, the fines would be assessed under the general provisions which would be $250.00 per day. Sara Boivin spoke regarding punitive damages in what the Board chooses so that it deters future developers. Kerry Mayo also agreed regarding punitive damages being assessed. City of Saratoga Springs – Planning Board September 24, 2020 - Page 3 of 4 Mark Torpey, Chairman stated at this time we have provided information to the applicant. We will not be making a decision this evening. We await information from the applicant and other city agencies prior to rendering a decision in this matter. Sara Boivin suggested the Zoning Officer be made aware of the situation. PUBLIC HEARING: Mark Torpey, Chairman stated the public hearing was opened and will remain open until the next meeting which is scheduled for October 8, 2020. APPROVAL OF MEETING MINUTES: Mark Torpey, Chairman made a motion to approve the minutes of the September 10, 2020 Planning Board Meeting Minutes as amended. Jamin Totino, Vice Chairman seconded the motion. VOTE: Mark Torpey, Chairman, in favor; Jamin Totino, Vice Chairman, in favor; Ruth Horton, in favor; Todd Fabozzi, in favor; Sara Boivin, in favor; Lexie Bonitatibus, in favor; Kerry Mayo, in favor MOTION PASSES: 7-0 UPCOMING MEETINGS: Planning Board Workshop, Thursday, October 1, 2020 at 5:00 P.M. Planning Board Meeting, Thursday, October 8, 2020 at 6:00 PM. MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 8:30 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 10-8-20 City of Saratoga Springs – Planning Board September 24, 2020 - Page 4 of 4