Planning Board

PLANNING BOARD MINUTES DRAFT THURSDAY, MARCH 14, 2024 6:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Charles (Chuck) Marshall, Chair called the meeting to order at 6:00 P.M. PRESENT: Charles (Chuck) Marshall, Chair, Mark Pingel, Vice Chair, Bill McTygue, Patty Morrison, Anthony (Tony) Stellato, Kerry Mayo, Mike King (remotely), Joe Ferrante-Alternate ABSENT: STAFF: Susan Barden, Principal Planner, Leah Everhart, PB Legal Counsel A. APPROVAL OF MEETING MINUTES: There were no minutes to approve. VOTE: MOTION PASSES: B. POSSIBLE CONSENT AGENDA ITEMS: Note: The intent of a consent agenda is to identify any applications that appear to be ‘approvable’ without need for further evaluation or discussion. If anyone wishes to further discuss any proposed consent agenda item, then that item would be pulled from the ‘consent agenda’ and dealt with individually. C. PLANNING BOARD APPLICATIONS UNDER CONSIDERATION: NOTE: Agenda item discussion will not begin past 10:00 p.m. 1. #20240032 137 Maple Ave. - High Peaks Canna. Special Use Permit for a marijuana dispensary in the Neighborhood Commercial (T-5) District. Chuck Marshall, Chair addressed a public comment questioning the legality of the location in comparison to the state law that was adopted. The Planning Board has been advised that the Uniform Development Ordinance is in compliance, and they are allowed to review the application pursuant to the special use standards in the UDO. Chuck said he wanted to make it clear that that is the standard by which the planning board is reviewing the application. Rob Stout, Attorney with Whiteman, Osterman & Hanna represented the applicant, High Peaks Canna. The owners Roger and Christine Sharp were also present. Rob said the letter he submitted to the board at the last minute was to address the public comments that have come in within the last 24 hours. Rob said the Sharps have lived in Saratoga more than 18 years and own and operate High Peaks Event Productions for many years. Rob said among the many letters of support the board has received regarding the Sharp’s are from the general manager of the Saratoga Hilton as well as the executive director of the Saratoga Springs City Center. Both have worked collaboratively with Roger and Christine in the past. Rob said there are no external improvements proposed for this facility. The changes will be limited to the signage. The existing Towne Law Firm sign that’s on a pole between Route 50 and their building will remain. Only the text will change to reference High Peaks Canna. Rob said the sign is also regulated by the state. There can’t be images of cannabis, marijuana leaves, etc. Chuck said the sign is reviewed by the state and the Design Review Board. The planning board would only be concerned with the placement of the sign. Rob said the landscaping will remain the same and will be cleaned up and maintained to high standards. Rob showed a posterboard of the site layout with seven parking spaces along the side of the parking lot, which they have remeasured and realized they can fit 8 spaces. He said the parking requirement is 6.6 spaces relative to the 1,880 sq. ft. of the building. Rob said the garbage location will be in the exact same location that it is now for the Towne Law firm. He said it’s not anticipated that the use will produce any more garbage than the existing use produces. It’s a wheeled, residential style container. Tony asked if they anticipated more cardboard packaging than what could fit in a 96-gallon cart. Rob said the product is not in large packaging and they are being sold in their original secure packaging. Rob said the bike rack will be along the Maple Ave. side of the building and there’s an existing ADA ramp into the building. Chuck said in the original presentation it was indicated that there would be one 15-minute pickup spot and asked if 8 parking spots would give them two 15-minute pickup spaces. Rob said it will still be one. Tony asked if they would re-stripe for one handicap accessible space. Rob said yes, they will do that striping. Rob showed alternate parking nearby to supplement the existing parking. Rob said there are also two CDTA Saratoga Bus lines at the property (line 450 High Rock Ave. & Circular St. & 452 Marriot Courtyard). Rob said the most efficient orders will be placed online in advance. Rob said at any given time there will be 2 to 4 floating sales associates with IPAD devices to escort customers through the store and place their order from anywhere on the floor. This is done for security purposes and to educate and actively manage people who are in the store. There will be 4 kiosks where a customer can come in and place an order themselves, as well as 3 traditional point of sale service stations. Rob said this is strictly a retail operation, an adult recreational dispensary. There will be no consumption on the premises. The proposed hours of operation are Monday through Thursday 10:00 a.m. to 9:00 p.m., Friday and Saturday 9:00 a.m. to 10:00 p.m., and Sunday 9:00 a.m. to 6:00 p.m. Rob addressed some of the concerns raised regarding the location of the facility in relation to educational institutions and public youth facilities. Rob read from his letter “it’s a creature of state law that dispensaries cannot be on the same street or avenue or within 500 ft. of school grounds. The closest educational facility that we are aware of is the Waldorf School of Saratoga Springs which is in excess of 1,500 feet from our client’s proposed location, which is three times the minimum required by the state. Lake Ave. Elementary is approximately 1,800 feet from our client’s proposed location and Caroline Street Elementary School is approximately 4,200 feet away”. Rob said there were also concerns about children who might be walking from the Catherine Street neighborhood to those schools. Rob said the Waldorf School is about a 16 min walk (.7 miles) Lake Ave. Elementary is an approximate 18-minute walk (.8 miles) and the Caroline City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 2 of 14 Street school is about a 31-minute walk (1.4 miles). Rob mentioned that any walk to these schools would involve crossing Route 50 which is not staffed by a crossing guard. Rob said there won’t be any signage indicating what is being sold. The windows are one-way so that no product will be seen from the outside looking in. He said there were multiple comments that referenced the proximity to residences. Rob said this is a mixed-use district that contemplates both residential and cannabis facilities within the same zone providing a special use permit is received. He noted that three other special use permits have been issued by the planning board for cannabis dispensaries that are located nearby residential units. Chuck Marshall, Chair opened the Public Hearing for comments. Matt Neuringer, 2 North Circular St. where he lives with his wife Jacqueline and 3 young children. Matt said they also own two other small historical homes within 200-250 ft. of the proposed dispensary. Matt made the following points:  He’s an infrastructure lawyer in the private sector, served in the US Army as a prosecutor and defense council as it pertains to drug crimes. Matt said he and his neighbors are not here to oppose these business owners. We support local businesses, and this is not about them, they are reputable business owners who should have an opportunity within the city.  Under Section 13 of the city zoning ordinance, the purpose of a special use permit review process is to ensure that the proposed use will not adversely affect the surrounding property and community character.  Does the proposed use at this site address various prongs of the comprehensive plan. 1. Harmony with and promotes the general purpose and intent of the comprehensive plan. 2. Compatibility with neighborhood and community character. 3. Safe and efficient pedestrian vehicular access and parking. 4. Long term economic viability of the neighboring properties. It is Matt’s view that a marijuana dispensary at this location clearly fails each of the above. He said the board’s prior precedent relevant to other neighborhoods, specifically under 13, states that it is not controlling in this matter. He feels the comments made by counsel and the applicant are representative of not fully understanding and appreciating the nature of this specific neighborhood. Matt said the neighborhood is unique and they do walk their children past this location, through High Rock Park every day. It is a busy corridor already. The proposed site for the dispensary is within 15 ft. of Historic High Rock Park – which is emblazoned on the crest of the City’s logo and on the wall of the meeting room. The O’Brien Inn is adjacent and there are several historic residential homes right next to it. Matt said there’s an addiction recovery center, Healing Springs Recovery Community Center, within walking distance of the dispensary.  Traffic and parking – it’s already a highly congested area near the O’Brien Inn all the time. This will only add to the hectic nature of the corner of Route 50 and a traffic study should be done.  The city has gone through a lot of changes and this is the perfect time for the city to have appropriately placed locations for these types of businesses hence the special use permit process.  This area is not relevant or appropriate for this business. State guidelines are new and untested, and we have no idea what to expect. There are other areas that are better suited for the business. City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 3 of 14 Bill Sprengnether, 55 Catherine St. said people do walk their children to school as far away as Woodlawn Ave. Bill said there’s already a lot of congestion in the area and the high turnover at a marijuana dispensary will only add to it. People already double park at the stop sign at O’Brien Inn to drop people off creating traffic hazards. Bill said this facility in this location will add to that problem. If the planning board chooses to permit this use, Bill suggested that they ask the city and the DOT to work together to improve the intersection to the greatest extent possible because it’s already dangerous. Bill said High Rock Park is a location that is very actively used by children in the winter and summer. Having the sign located between the building and Route 50, a gateway into the city, may not be the image the city wants people to leave the city with. Denise Donlon, 58 Catherine St. Denise said she also owns 54 Catherine St., 90 Catherine St. and 7 No. Circular St. Denise said she’s not against the business, just the location. She asked that the owners consider another area that’s not residential, with so many children and as historical as this area. Gavin Labate, 96 Catherine St. Gavin echoed the same concerns as previous commenters, Bill, Matt and Denise – traffic it will bring to the intersection crossing Route 50. Gavin noted that at the end of Catherine St. there is an opening way that leads to the cross route for Route 50 and that often serves as an unofficial O’Brien Inn spillover. Another business that would be operating at the same hours as the farmers’ market and O’Brien Inn will add to the spillover of parking onto residential streets, as well as the clientele that would attract. Chuck asked if the board was comfortable closing the public comments. Chuck asked if Healing Springs Recovery Center would have been cited before the adoption of the UDO requiring treatment centers to have a 1,000 ft. separation from a mixed-use district. Susan agreed that the treatment center would be pre-existing, non-conforming. Patty said it’s more like a counseling center. Chuck asked the board if they had any questions for the applicant. Bill McTygue said because of the comments received after the workshop last week, he thinks the public comment period should remain open for further consideration by the board before taking action. Patty Morrison commented that there was a pop-up marijuana dispensary at the city garage, near High Rock Park. It was successful and there were no issues. Patty said it was at least 2 days a week, one of which was a weekday. She said regarding Healing Springs being within walking distance to the dispensary, she’s not aware that the board has received any comments or concerns from them in that regard. Patty said she appreciates comments from the public and has taken notes. She said she’s not sure that a traffic study is warranted, and she feels the applicant has addressed all the concerns. Kerry Mayo asked Chuck if there was any kind of requirement for a traffic study for a project of this size. Chuck said there is not. This is a Type 2 SEQRA action because it’s a reuse of an existing building. He said under the special use permit criteria the board can evaluate if it falls under public health or safety. Mark Pingel said he’s not sure that the board needs Healing Springs comments to be concerned about the proximity of the dispensary. He said the distance is about 400 ft. Mark said his concern level for traffic was raised because of the public comment. Mark said the realities of the site and the already dense parking, warrants further attention. Mark said regarding the signage on Route 50, he feels the whole “gateway” idea needs to be discussed. He said he also has some concerns about the dispensary’s proximity to the park because it will be permanently within that proximity and not intermittent and seasonal. Chuck said the City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 4 of 14 sign is not under the planning board’s purview, but the applicant has asked that the site plan be waived. If the board decided to contemplate the site plan it could address the landscaping around the sign. That would be a separate application and not considered at this time. Tony Stellato said regarding the sign, he would like to know if it is currently conforming in size and location. Chuck said any non-conforming sign would have to receive a variance as requested by the building and zoning officer. The attorney for the applicant said that their sign conforms to the code. Tony said he lives on Woodlawn Ave. in that area and runs and walks there often. He said the new sidewalk on the south side of East Ave. has made that trip much safer. He said the intersection is a wide one to cross but there are signals there and they do allow adequate time to cross. Tony said in his opinion the use is not a heavy generator of trips. He said he doesn’t think they can warrant a traffic study based on trip generation. Tony said the board might want to consider a condition that the trash and recycling be kept in closed containers to be located on the west side of the building, and that if more than two 96-gallon residential style containers be required for trash and recycling then the applicant would be required to construct an enclosure subject to site plan review. Mike King was inaudible via remote. Scott Trifilo said he has been in the cannabis industry since 2014 in different parts of the country and now here in Saratoga Springs. He said as an adult use cannabis cultivator, the first three years as hemp on his farm in Saratoga Springs, and two years cultivating cannabis, the state granted him the right to build the cannabis growers showcases. This enabled farmers to sell products that they were otherwise unable to sell because the rollout of the program was so slow. Scott said he organized a local event and brought in a retailer to run the program in the parking garage from the beginning of September until the program sunset on December 31st. Scott said initially they were on the lower level of the garage in an open- air farmers’ market style secured area. He said from November through the end of December they were on the third floor in a secure building. Scott said now that marijuana can be legally bought and sold, there has been a very polite and appreciative crowd because they were able to come to a safe place and buy legally tested cannabis. Scott said most of the people who came to them were buying cannabis for pain or to help with sleep and were thankful that they didn’t have to buy it on the street. Scott said he feels this is a great location with mixed-use businesses all around it. He said his business was not a heavy traffic generator and they dealt with a very peaceful crowd. Chuck Marshall, Chair said they will contemplate the criteria and see if there is anything more needed from the applicant. Tony asked the applicant if they had any idea how much of their product was locally sourced. The applicant said the furthest away grower that they’ve contacted is in the Hudson Valley Region. They contacted them because they are regenerative living soil growers. They contacted all the cultivators/growers in Saratoga and Washington Counties and are trying to support the most local people that they can. Rob Stout commented regarding potential landscaping and a site plan. He said they have no objection to discussing landscaping within the special use permit. Rob said it’s very telling that Scott mentioned they didn’t have a crush of people during a very busy time in the summer. Chuck asked if the applicant would be willing to operate without the sign along Route 50. Rob said he would discuss that with his client. Chuck said it would address some of the concerns of the public and may soften the impact of the use. City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 5 of 14 Chuck Marshall, Chair listed the criteria for a Special Use Permit: 1. Location consistent with comprehensive plan and associated adopted land use policies and the purpose and intent of this ordinance. Chuck said his position is that the UDO dictates the uses. This is a mixed-use district which is supposed to contemplate a variety of things next to each other. He said the state law was reviewed by counsel and this is permissible. This leads us to believe that this use is harmonious with the overall nature of the area. Chuck said he believes the application satisfies the consideration. Mark said special use permits are location specific. We can’t say that they can’t put a cannabis dispensary in this district, but we can say they can’t put one at this location. Mark feels that the public comments and proximity to several of the places that have been mentioned, including the recovery center, raise questions of whether this specific location is appropriate. Bill said it was a law practice at this site with much fewer cars, so this is a change in use for this property. Bill said special use permits are fairly new for the city. It used to be that something was allowed under the code, or it wasn’t. Bill said the application is new to the board, the past week and a half, and a slew of public comments have come in at the last minute. He said he’s concerned that the public is going to get the impression that the special use permit process is fast tracked against what they have to say in the neighborhoods. Bill said he’s asking the board for their due diligence in thinking about whether this proposal is compatible with the neighborhood. Bill added that the crosswalk at Route 50 is challenging to navigate. Kerry said he was able to go through the public comments and found them to be about 2 to 1 in favor of the project. He said they tend to focus on the negative but there were plenty of comments in favor of the project. 2. Will not endanger public health, safety, or welfare. Chuck said that most of the comments that were made do not pertain directly to the site. He said there were a lot of comments about the O’Brien Inn’s lack of parking that exists today and the Route 50 crossing which is not immediately adjacent to the site. 3. The density, intensity, and compatibility of use with the neighbors and community character. Chuck said for him this is related to number one and that the comprehensive plan is used as the framework of developing the UDO. He said if it were a multi-story bar type concert venue with on-site consumption he would feel differently. This is a retail use with online ordering and pickup service and that doesn’t exist. 4. Safe and efficient pedestrian and vehicular access, circulation, and parking. Chuck said he feels this is under parked. He said the point was made that there is parking in the vicinity including the parking garage, Maple Ave., on-street parking. He said staff pointed out that there is no parking in the immediate vicinity on Maple Ave. The specific nature of the site is to the east or north, it does have a large area where there is no activity along Route 50 until you get to the Mill building. 5. The existing and future demand of infrastructure, public facilities, and services. Chuck said there’s no increase in the number of bathrooms, and they will be employee access only. This project won’t change the demand on the office park. 6. The environmental natural resources of the site, including any potential erosion and flooding, excessive light, noise, vibration and the like. Chuck said he would like the applicant to describe the queuing. The intent is to avoid a line of cars going down the street and address the parking concern. He would also like the applicant to address the aesthetic element of people outside. Roger Sharp said it’s his experience that the process is very quick for people coming to purchase or pick-up at City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 6 of 14  the dispensary. On average about 15 minutes. Roger said they will have an app where people check in with their ID. He said they have to ID everyone who comes through the door. They will then be in the queue and their name will be displayed on a screen and there will be chairs for people to wait comfortably for their purchase. Roger said he has not seen any lines of cars at the dispensaries he’s been to. Mark said because there are residences right next door there is a potential for noise and light pollution and interference, especially with the hours going to 10:00 p.m. on weekends. Roger said the lights are already on until 11:00 at night because of people parking for the O’Brien Inn. He said they will not be adding or changing that in any way. Matt Neuringer said the neighbors just learned about this application and he’s certain there will be many more comments to come. This use at this location will change the character of the neighborhood. Kerry said he doesn’t see how the O’Brien Inn needing parking at this site is relevant to the dispensary business. Chuck said he’s more in line with what Kerry is saying. The success of the O’Brien Inn is more detrimental to the neighborhood than this location. Joe Ferrante(alternate) asked if the O’Brien Inn has a lease that restricts the use of parking if you were to be sighted there. Christine Sharp said there’s no contract, it’s just a handshake deal to swap parking for lawn mowing. Christine said they met with “Sully” and had a conversation about how they’re going to deal with that. She said they’re going to take the parking back and take over their landscaping. The lease includes parking. Chuck polled the board about whether to keep the public hearing open. Bill-Yes. Bill added that the other dispensaries that have been approved are on the outskirts of the city, and the board will likely be seeing more applicants wanting to open dispensaries within the inner city because there’s great potential from a business point of view. He said that adds to the difficulty and the balancing act that the board is experiencing in trying to acknowledge the applicant’s request and comments coming from the neighbors. Patty-Yes because the residents didn’t have a lot of notice. Chuck noted that the applicant did adhere to the notice requirements. Kerry said the public hearing should be closed. He said he doesn’t feel these types of stores are as impactful as they might have been 5 years ago. He said the store is across 5 lines of highway and a median and he doesn’t see it being that impactful to a neighborhood all the way on the other side of Route 50. Mark said he doesn’t think the board has exhausted the request for additional information. Mark said he thinks a traffic study is appropriate. Level of service is not the only criteria for triggering a traffic study – safety, speed, instantaneous queueing, etc. He said even if there is no mitigation it might affect the vote on the board. Mark said the gateway consideration is worth some thought, and landscaping, neighborhood buffering, and looking at the effect of the lighting and hours that they’ll be open. Chuck said he was more willing to waive the site plan before the workshop but doesn’t feel that way now. He disagrees with a traffic study because the level of service is a direct correlation to the trip generation, which is developed by the land use code, which is set by the ITE manual. Tony asked Susan if any new information had been received since the public notice was posted. Susan said they did receive information this week as well as public comments up to today. Tony asked if the board will be seeking any further information that will be open for public comment. Tony agreed with Chuck regarding the traffic study. Tony said if the board is going to ask the applicant to have a traffic study done, they need to be specific with the applicant as to the scope they are to address. What’s the impact that we perceive is traffic related? Tony said he doesn’t really understand what those concerns are. Tony said he’s still ok with waiving the site plan review if conditions are included about the garbage, and if they would agree to not use the freestanding sign. Tony said if there’s City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 7 of 14 nothing specific that the board wants the applicant to return to the board with, then he sees no reason that the public comments shouldn’t be closed. Mike is mostly inaudible but is in favor of closing the public hearing. Patty said after hearing from Susan that all the postings were made and rules for public notice were followed, she is in favor of closing the public hearing. Chuck said most of the board is in favor of closing the public hearing. Chuck Marshall, Chair closed the Public Hearing at approximately 7:35 p.m. Chuck asked the board if there is anything more they wish to require from the applicant, including a traffic study. Bill said he doesn’t feel a traffic study is warranted. His concern is more about this new activity on this parcel and its affect within the general neighborhood. Patty said she doesn’t see a need for a traffic study. She said she agrees with a site plan review on the project. Kerry said he thinks they should be allowed to have a sign on Route 50. Maybe a more modest monument sign on the ground. They should be able to advertise their business there. Mark said if the board uses the ITE 100 trip standard they’ll never do a traffic study on any medium to small project. He said he doesn’t feel that that as a blanket policy for the board is a responsible thing to do. Mark said he does feel that the traffic should be looked at further and that’s another way to measure impact on a neighborhood. He said the two pieces of that study should be intersection safety at the Route 50 intersection and Rock with a focus on pedestrian safety. Mark said if the board is going to do a site plan, the remainder of his concerns would be addressed at that time. Tony said he had nothing further that he would ask of the applicant than what he mentioned previously. Mike said he would like to move forward with the approval. Chuck said he doesn’t feel the traffic study is necessary and doesn’t have any other requests from the applicant. He said he’s ready to make a decision on the special use permit. There was a discussion regarding the monument sign on Route 50. Chuck asked the applicant if they would be willing to do anything different with the sign, make it smaller, etc. Chuck clarified that they are entitled to the sign that’s there but given the public comments they may want to make a change. Christine Sharp said they are using the sign that’s there because that was the most economical way to go. She said if it’s a deal breaker, they can alter it. Chuck reminded everyone that under site plan the PB would have jurisdiction over the location of the sign, but the DRB has it over the aesthetic elements of the sign. Susan said that the PB can ask the applicant to go before DRB for architectural review of the sign and any exterior changes and then return to the planning board for site plan review where the location of the sign can be discussed. Bill said the crossing at Route 50 and Rock is very dangerous. There’s a lot of traffic on Route 50 often traveling at high rates of speed. Bill said the city should put the DOT on notice that something needs to be done about it. Bill said about 25 years ago DOT had the arterial on the drawing board to make it more pedestrian friendly. Bill said it didn’t move forward because of budget considerations at the time. Chuck said there will be site plan review of the application. Chuck Marshall made a motion to grant the Special Use Permit for 137 Maple Ave. for a marijuana dispensary. The motion was seconded by Patty Morrison. Discussion: Tony City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 8 of 14 said he feels it’s more appropriate to put a condition on a special use permit than on the site plan approval. Tony asked that the following condition be added: Trash and recycling must be kept in closed containers to be located on the west side of the building, adjacent to Route 50, and if more than two 96-gallon residential type containers are required to comply with this, then an enclosure must be constructed subject to site plan review by the planning board. Chuck also added a condition that the applicant alter the sign that is currently proposed and that it be reviewed by the Design Review Board. Chuck added a condition that the applicant submit a queueing plan for their point of sale. Vote: B. McTygue-NO, P. Morrison-YES, K. Mayo-YES, M. Pingel-NO, C. Marshall-YES, T. Stellato-YES, M. King-YES. Approved 5-2. Motion carried. Chuck asked the applicant to go before the DRB regarding the sign and to submit an informal site plan application indicating any landscape changes, lighting fixtures and any improvement. 2. #20231004 3376 Broadway Treehouse. Site plan review of a proposed eating and drinking establishment including micro-production of alcohol and outdoor dining and associated site work in the Gateway Commercial - Rural (GC-R) District. Chuck Marshall, Chair said the SEQRA negative declaration was issued, and the applicant received their special use permit. The driveways are permitted by the NYSDOT, and the applicant has correspondence from DOT in that regard. Two relevant emails are 1. The plan that is being presented to the board is code compliant. 2. From Andy Krupski regarding the traffic configuration elements. Chuck said the general sense is that everyone is supportive of the concept but not the plan as it sits today. Chuck said after the applicant’s presentation they would go through the site plan criteria and tell the applicant explicit points where they’re missing the mark from the board’s point of view so that they will have specific comments to work on. John Cannie, Attorney presented for the applicant. Page 2 – summary of changes since the last meeting with the PB:  Reduction in the front parking – the “to go” parking. Originally proposed 46 spots, which were code compliant, were reduced to 23 parking spaces based on comments from the PB. All the parking between the building and the street will be facing the building, which will reduce lighting going out to the civic space and highway. There will be bollards added to the front parking area to prevent people from driving into the front of the building. All of the 23 parking spots removed from the front have been moved to the west end of the property.  Concrete crosswalks at the entrances and those that walk over the driveways inside the site.  Enhanced landscaping area where the 23 parking spots were removed in the front which will also provide screening of that area and the large civic space.  Dumpster, transformer & generator have been relocated to the north side and increased landscaping has been installed around them to hide them from public view and view on site.  Adding sidewalk & signage to facilitate the group and ride share drop off at the main entrance area.  Northern driveway reduced to a single lane for customer exit per NYSDOT requirements. City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 9 of 14 Matt Merva, Bohler Engineering Showed slides of the previous plan with the 46 parking spaces and the 23 spaces that are on the current plan. The monitor did not display the plans in the video recording. Matt went over the changes that John mentioned. There will be 80 new plantings in the highlighted zone in the front of the building. Matt said they added a seating and picnic area along the serpentine path. They increased landscape screening adjacent to the stormwater pond at the lower edge of the property. Patty asked what kind of trees they would be planting. Matt said they would be evergreen trees that are 3’ to 4’ tall at the time of planting and will be maintained at a 4’ height. Matt said they will provide a landscape schedule. Bill asked about the newly added seating/picnic area. Matt said they’re trying to create a park like setting along Broadway that would be public facing and inviting to people who are walking along the path to stop for a rest or a little picnic. Chuck asked if they could bring the sidewalk down to the southern row of parking from the ride share drop off. Matt said he thought that was a good idea and that they can provide some north/south transit at that location. Chuck said he would prefer to see concrete like the other crosswalks. Mark said he liked Mike’s suggestion that the sidewalk crossings should be raised above the macadam so that it’s clear where people are crossing and will also act to slow cars down. Matt said there are drainage issues to be considered with how surface flow is being handled across the parking lots. The raised crosswalks would interfere with the flow and create a sort of dam with a different drainage flow pattern. It also interferes with snowplows. Mike King commented remotely but was inaudible. There was a discussion among the board members about the raised crosswalks. Chuck said he would be in favor of flush concrete crosswalks but would be okay with striping. Tony said a crosswalk there would be a bad design, and as an engineer he said he wouldn’t do it. Mark said he would like to see traffic calming devices within the parking lot. Chuck said some consideration should be given to a light in one of the center islands. Matt talked about the positioning of their building relative to their neighbors and referenced the landscape context plan. He said the hotel is 156 ft. from the right-of-way, Treehouse is 112 ft. and Honda is about 121 ft. Matt said they compared the parking spaces in front of the buildings and Saratoga Honda has 63 spaces out of 222, Homewood Suites has 9 out of 145, they are proposing 23 for Treehouse. Patty said the applicant shouldn’t compare Honda and Homewood to the applicant because those businesses would not “pass the muster” for today. The So. Broadway Gateway Bound Conceptual Plan encourages parking to the rear and very limited parking in the front, and it is to be screened. Matt said the parking in the front is within the guidelines. Patty said they’re within the guidelines if they meet the landscape plan, so she appreciates the landscaping package they’ve proposed tonight. Chuck said there was a DRB comment that angled parking in the front would make it look less. They may have to give up a parking spot or two, but the angled parking would also help from a flow perspective. John said they considered angled parking, but one of the reasons they stayed with perpendicular parking was to reduce speed. It requires a 90 angle turn instead of a 25- angle turn. Tony said back in angled parking is becoming more popular because it’s safer. Sarah said with their service model, staff comes out to your car, faces you head-on, takes your ID, checks the number on your phone, not in the parking lot. Patty asked about the concrete paved area in the landscape plan. John said that’s the truck loading area. Matt said Stan would talk about the way finding signage and renderings. Patty asked if the signage was brought before the DRB. John said the DRB looked at the monument sign only because that’s within their purview. Stan Kubinski, Bergmeyer talked about the signage based on the renderings that the board looked at. There was no video display. Stan said the DRB commented that they would like more wood added to the building. Both sides that face the road now have wood facades. City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 10 of 14 There was a discussion about the internal path width with Mike King but he was inaudible on the video recording. Joe summed up that Mike was saying that the board needs to consider patrons that are arriving by bicycle. Mark said that Mike is saying that pedestrians and bicyclists should at least get as much thought as cars. Bill said this is an opportunity to introduce the 8’ asphalt multi-use path/trail and a more parklike amenity on the interior serpentine path. Chuck said he thinks the sidewalk that comes into the bike racks should be widened to provide more room on the south side of the bike rack. Stan said the landscape area that is a buffer between the seating area and the parking lot could be reduced to make a wider sidewalk. Stan said all the mechanical units are on the roof either hidden by a parapet or screened by architectural screening. John said he wanted to talk more with the board about the necessity for beer to go and the front parking. Sarah talked about other Treehouse establishments and bringing that model to Saratoga. Sarah said everything they do is to best serve their guests. Sarah said most of their business is the beer to go. People purchase online, pull into a parking spot, staff ID’s them, they have an exchange, get their product and they’re on their way. Sarah said a big part of the business is to make it easy for their guests to get in and out and have a pleasurable experience at the beer to go. Chuck said he would like to start with the board asking direct questions of the applicant. Tony said he was going to ask the applicant again to rotate the building, but he feels the applicant did a good job addressing his concerns. Tony said one concern he has with the beer to go is they pull in from Route 9 and have 30 ft. to make the decision to turn left, not leaving a lot of stacking there. Tony suggested they take twelve parking spaces out on the west end of the parking lot, pushing the parking lot 12 spaces to the east, giving more room at the end of the parking lot, and to bring the beer to go road around the backside of the pond and then in. It gives much more stacking room and the opportunity to landscape where the road currently is in front of the pond, adding more screening to the parking, and create a separate entrance into the parking lot so that the beer to go and parking lot don’t conflict. Patty said that would go into the bike lane. Chuck said something he would like them to consider is bringing the stormwater pond to the east. This would also help them to expand the sidewalk by number 14, they could pick up some room there if they closed that off. There was a discussion by the board, applicant, and staff regarding the location of the pond, the stacking for the beer to go pick-up, and the limited time a person has to make a decision about taking a left or right once they turn into the site. There was a discussion about the stormwater pond. Chuck said if they could landscape the Broadway side of the pond and make it less visible that would be better. If they still need an access point, he suggested they put it on the southeast corner where it would be least visible. Chuck said they need to manage the stormwater as a function of the site, while making it as aesthetically pleasing as possible. Patty asked if the vinyl fence in the back (#22) could be wood. John said they were not opposed to wood; they were keeping in line with the vinyl fencing that was on the other side of the property. Kerry mentioned that they can use vinyl that looks like wood. John said his goal tonight was to get the front setback figured out. Chuck said the DRB makes the decision about how they should align in relation to the neighbors. Chuck asked the board members if they’re okay with the front setback: Bill-Yes and he thinks the applicant has done a good job with scaling down the amount of parking that they originally proposed at the front of the building. He said he feels the design is most appropriate. Patty- Yes and she appreciates the comment from the applicant that they are trying to provide the best experience for their customers and it’s the PB’s job to provide the best experience for the residents of Saratoga Springs. Patty said pulling the building back and reducing the number of parking spaces is a big improvement. Her concern is landscaping, and she would City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 11 of 14 like to see the plan before site plan approval. She would like it to be a buffer to people driving by. Patty asked where the cars would go if they needed to be stacked for the beer to go. Sarah’s response was inaudible because she wasn’t speaking into the mic. Kerry- Yes. Mark-Yes regarding the setback. Mark asked about the curb in the front going down to zero. John said yes it will, but only in that one location (slide 16 at #7) so that beer to go employees can walk through with a cart/hand truck. The bollards will be on either side of the zero curb. Tony-Yes for the setback. He said the comprehensive plan supports the setback. He said it’s supposed to look rural across from the park and he thinks the applicant got it right. Tony asked about the width of the sidewalk in front of the building. John said it’s 10 ft. and Tony agreed that was good. Tony said he’s a little concerned about the loading dock location and what will be visible. Tony asked if the sidewalk that comes in from the front row parking to the back of the transformer and cuts to the corner of the dumpster is necessary. Tony would like to see that eliminated and the dumpster area heavily planted and screened to eliminate being able to see it (#24). Matt said that’s a ramp because there’s a four-foot grade change just north of it. John said they can add in more vegetation. Mike- Yes. Chuck-Yes. He said his only comment is the relocation of the stormwater. He’s asking that they include a photometric plan in their next submission and that some lighting in the interior parking lot landscape islands would be beneficial. Chuck asked the applicant to give the board their checklist and they’ll let them know if anything is missing. John listed the following:  The 8’ wide multi-use path interior of the site.  The widening of the sidewalk near the bike rack location to allow for easier pedestrian and bike access in that area.  Additional vegetation around the ramp.  Re-configuring the stormwater in the southwestern corner.  Allow for more stacking space and time for someone to decide about turning into the beer to go or onsite consumption parking.  Photometric plan.  Lighting in the middle of the large parking lot to the south.  A full landscape plan with details of what they will be using.  Some type of traffic calming device to slow vehicles down in the parking lot.  Look at the radius and width of entrances and exits.  Look at making the back fence dark and not white. John will ask Four Winds what their preference is. Chuck Marshall, Chair instructed the applicant to return to the PB when the bulk of the listed items has been completed. 3. #20230245 118 Woodlawn Ave., 121-125 Woodlawn Ave. Site plan review of a private/social club and associated site work in the Urban Residential – 3 (UR-3) District. Chuck Marshall, Chair said this application received a special use permit and at the workshop the applicant was given a checklist to complete. Chuck said he would like to ask the applicant specific questions and see how that goes. John Cannie, Attorney for the applicant agreed. Questions:  What was done with the shielding parking lot to the north and south – fence or planted screenings? John said they considered both, but DRB was strongly against the fence. It’s not completely within their jurisdiction, but they made an appropriate City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 12 of 14  comment that it really doesn’t fit with the predominantly residential neighborhood. They chose to stay with vegetative buffering. John said they think it will do a better job because it has the potential to be higher than the 4 ft. fence. Chuck asked if the trees proposed for the north and south aligned with the neighbor’s windows. Frank said he can’t say that they directly align, but they’ve looked at images there. The home directly to the north has 3 windows on the second floor and one window on the first floor. He said they can start with the 8 ft. arborvitae in that area and add two deciduous trees which will grow and fill in the canopy. Susan asked if the arborvitae would be on the north and south side. Frank said what they have on the plan is just on the north side. Frank said there is a line of larger trees on the south side, almost on the property line and their goal is to save those trees and carefully work around them while doing work on the house. Frank said they do have a plan for a hedgerow of English Yew on the south side that will be planted at about 3’ and will grow and be trimmed into a full hedgerow.  The 12 ft. light placed in the center. Frank said there are 2 lights proposed. One is in the north section coming in from Woodlawn and in the other section there’s another one on the south side. Frank said they made a triangle with the light that’s out on the street. He said that gives the best lighting at the primary entrance point for cars coming in and out and for pedestrians that will be crossing, but they kept the intensity of lighting for the remainder of the area at its lowest point. Patty asked if the lights could be turned off by a certain time at night. Frank said they can coordinate that with the hours of operation.  The trash removal company will have access to the security fence that’s locked.  Request to reduce the rate of discharge – Frank said the bedrock is very shallow below, as Bill McTygue pointed out. They would be chasing against the rock, and they wouldn’t have a discharge point. He said the overland flow that is happening now is the least disruptive, so their goal is to do no additional harm. They lessened the amount of impervious area, and the grading is being directed toward the greenspaces. Mark said there are two plantings at the entrance to the parking lot and there was a discussion about using them to slow or at least interrupt the sheeting that would take place. Frank said they can put in more absorbent soil that has more holding power. Frank said they’ll add it to the plan. Chuck asked if they spoke with the neighbor on the club side about any kind of screening. John said on the club side there’s no room. He said they haven’t had an opportunity to discuss it with the neighbor, but they are willing to do that.  The sidewalk will be continuous across the entrance. Frank said they are advocating maintaining the size of the entrance drive as it is right now. Their reasoning is that it will be easier to maneuver cars for the valet parking with the 24’ drive at the entrance, and for delivery/garbage trucks coming in and out of the parking lot. Joe asked if the “new” delivery door to the basement would be for deliveries. John said no the trucks will pull into the lot on Woodlawn, cross Woodlawn and go directly into the building. The new door just replaces the old door. Susan asked if the driveway was 24’ wide at Woodlawn and the Alley. Frank said yes and they would like to maintain that for emergency access, dumpster pickup, maneuverability, and snow plowing. Chuck said the alley could be narrowed to 18’. Mike is inaudible. Chuck Marshall made a motion for site plan approval for 118, 121, 125 Woodlawn Ave. with the following conditions: 1. That the lights interior to the parking lot be extinguished City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 13 of 14  one hour after hours of operation for the club. 2. The Bolster Lane exit be restricted to 18’. 3. Use of an absorbent type of soil/mulch for the trees on the parking lot side of Woodlawn. The motion was seconded by Kerry Mayo. Vote: B. McTygue-Y, P. Morrison-Y, K. Mayo-Y, M. Pingel-Y, C. Marshall-Y, J. Ferrante-Y, M. King-Y. 7-0 motion carried. MOTION TO ADJOURN: Chuck Marshall made a motion to adjourn. The motion was seconded by Patty Morrison. All in Favor. The meeting was adjourned at approximately 10:06 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs – Planning Board Minutes – March 14, 2024 - Page 14 of 14