Planning Board
Regular MeetingSaratoga Springs, NY · May 9, 2024
Minutes
PLANNING BOARD
MINUTES DRAFT
THURSDAY, MAY 9, 2024
6:00 P.M.
CITY COUNCIL ROOM
CALL TO ORDER: Mark Pingel, Vice Chair called the meeting to order at 6:00 P.M.
PRESENT: Kerry Mayo, Mark Pingel, Vice Chair, Bill McTygue, Patty Morrison, Anthony
(Tony) Stellato, Mike King, Joe Ferrante-Alternate
ABSENT: Charles (Chuck) Marshall
STAFF: Susan Barden, Principal Planner, Leah Everhart, PB Legal Counsel, James
Sallaway, Engineer
A. APPROVAL OF MEETING MINUTES:
Chuck Marshall made a motion to accept the minutes of March 14, 2024. The motion was
seconded by Mark Pingel.
VOTE: B. McTygue-Y, P. Morrison-Y, M. Pingel-Y, C. Marshall-Y, T. Stellato-Y., M. King-Y.
J. Ferrante-Abstain
MOTION PASSES: 6-0
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.
Mark Pingel, Co-Chair asked Susan and Leah to give some background on consent items
being on the agenda and to explain the criteria for the extensions. Susan said that agenda
items that appear to be approvable and don’t require board deliberation usually get placed on
the consent agenda for a motion and vote for the application to be approved as presented.
Susan said if at any time board members wish to discuss an application on the consent
agenda, that application would then be moved to the regular agenda. Susan said extensions
are often consent agenda items. Leah said the criteria for an extension is that the applicant
needs to demonstrate to the board’s satisfaction that since the approval occurred that there
have been no significant changes to the site or the neighborhood, and that the basis for the
board’s approval, circumstances and findings, have not been subject to any significant
changes.
Joe Ferrante recused himself because he lives near the proposed project on Excelsior.
1. #20240292 Excelsior Park SUP Extension. Excelsior Ave. extension of a previously
approved special use permit in the Neighborhood Center (NC) District.
Mike King made a motion to approve the Excelsior Park special use permit extension. The
motion was seconded by Kerry Mayo. Vote: B. McTygue-Y, P. Morrison-Y, M. Pingel-Y, T.
Stellato-Y., M. King-Y. 6-0 motion carried.
2. #20231004 Excelsior Ave. Apartment Site Plan Extension. Extension of a previously
approved special use permit in the Neighborhood Center (NC) District.
Mike King made a motion to approve the Excelsior Ave. site plan extension. The motion was
seconded by Kerry Mayo. Vote: B. McTygue-Y, P. Morrison-Y, M. Pingel-Y, T. Stellato-Y.,
M. King-Y. 6-0 motion carried.
3. #20240233 125 High Rock Ave. Subdivision Extension. Extension of a previously
approved special use permit in the Neighborhood Center (NC) District.
Mike King made a motion to approve the subdivision extension at 125 High Rock Ave. The
motion was seconded by Patti Morrison. Vote: J. Ferrante-Y, B. McTygue-Y, P. Morrison-Y,
M. Pingel-Y, T. Stellato-Y., M. King-Y. 7-0 motion carried.
4. #20230267 78 Church St. Site Plan. Consideration of off-site public civic space for an
approved mixed-use project in the Neighborhood Center (T-5) District.
Mark Pingel said the original approval of the site plan included that the landscape plan would
be done to the approval of city staff and DPW. Mark said Susan reviewed the plan and
approved it.
Mike King made a motion to approve off-site public civic space for an approved mixed-use
project at 78 Church St. The motion was seconded by Kerry Mayo. Vote: J. Ferrante-Y, B.
McTygue-Y, P. Morrison-Y, M. Pingel-Y, T. Stellato-Y., M. King-Y. 7-0 motion carried.
C. PLANNING BOARD APPLICATIONS UNDER CONSIDERATION: NOTE: Agenda item
discussion will not begin past 10:00 p.m.
5. #20240277 137 Maple High Peaks Canna Site Plan, 137 Maple Ave. Site Plan Review of
a proposed marijuana dispensary in the Neighborhood Center (NC) District.
Mark said the board wanted more details about the landscape plan and asked for drawings of
where everything would be located. The board has seen the drawings. Mike said he likes the
heart indicating where the Japanese maple is going to go. Patty asked how many trees
should be in the powerline right-of-way if they could go there. Answer 2. In place of those two
trees, there’s a Japanese maple tree being placed on property. Patty asked where the
second tree would go. The applicant said as you pull into the driveway there’s a strip on the
left where a tree could go. The applicant said she called and asked 811 to come out and do
the painting and didn’t recall if anything was painted in the strip on the left. She said she
would take a look and put the second tree there if it’s ok. Patty said she’s not a fan of trees
being planted on the property because the board has no control over them being removed.
Susan said they would have to maintain their approved site plan for as long as it’s active. It
would become an enforcement issue. Bill said it happens all the time that trees are
approved on the property if they can’t be placed in the right-of-way. (the screen showing the
landscape plan is not on the video). Kerry suggested putting it on either side of where it
says “streetlamp”. The applicant said that wouldn’t be possible because they are looking to
add a parking lot on that side in the future. Susan suggested the board specify that there are
to be two street trees planted and look at the powerlines and natural gas to see where they
City of Saratoga Springs – Planning Board Minutes – May 9, , 2024 - Page 2 of 4
can be planted. Susan said the city arborist should look at it as well to approve the location
and species. Patty asked if the property owner changes would they still have to follow the
site plan. Leah said yes, and they would need to seek an amendment to the site plan. Mark
said he would like the board to ask for a street tree on the left in the tree belt (if it can’t be
there then move it up on the left on the other side of the sidewalk). He said they should keep
the Japanese maple but move it as close to the sidewalk as is feasible from the landscaper.
Mark summarized that approval for the site plan would include a street tree, if possible, to the
left of the driveway as shown on the drawing in the tree belt. If it is not feasible because of
utilities, then move it up on the other side of the sidewalk, so it still looks like a street tree. It
was noted that the DRB approved the sign. Susan asked if the board wanted to have a copy
of an agreement with Marriot for employee parking. Mark asked the applicant what the plan
was for overflow parking. She said the employees won’t be parking on site, they will park at
the garage and carpool down. She said the Marriot doesn’t feel they have the space to give
up. Mark asked about the customer management system and if it was submitted to Susan.
Yes, it was.
Patty Morrison made a motion to approve the site plan for 137 Maple High Peaks Canna.
The motion was seconded by Kerry Mayo. Vote: J. Ferrante-Y, B. McTygue-Y, P. Morrison-
Y, M. Pingel-Y, T. Stellato-Y., M. King-Y. 7-0 motion carried.
6. #20240225 20 Lake Ave. Temporary Use Permit. Temporary Use Permit for outdoor
entertainment in the Urban Core (UC) District.
Mark said the applicant is looking for a temporary permit for a festival in the parking lot, also
coordinated with Walt Whitman. Mark said toilets and ADA and handicap parking were the
two issues to be discussed. There was no one present to represent the application. Kerry
said he looked into how many porta-potties are required. He said it’s one for every 50
people. They have 15 inside and two outside, which would be adequate for 850 people. Joe
asked if the bathrooms were approved for the maximum capacity inside, are they able to
count them for outside? Susan said the toilets and bathrooms in the restaurant will be open
during the event. They are expecting 50 people in the restaurant at that time. She said
they’re looking at 300 event goers, 50 in the restaurant, vendors and employees, and the
zoning officer was satisfied that they’re providing enough bathroom facilities. Mark said the
drawing in their package shows two handicap parking spots but it’s not clear how they’ll be
marked. Mike said for the record there are no marked handicap parking spots in the parking
lot. Mark said they should have Susan point that out to Code enforcement. Susan said the
applicant is going to temporarily mark three spots on the side of the building where the patio
is as handicap parking. They will also identify how someone will get into the building or event
from those spaces. There was a discussion about the number of handicap parking spaces
that would be required in general. Tony said if the applicant is providing the two required
accessible parking spaces in this parking lot for this event, those spaces need to comply with
ADA. Mark said the application will be approved with two ADA compliant parking spaces.
Mike King made a motion to approve the temporary use permit at 20 Lake Ave. with the
following conditions: That two accessible parking spaces compliant with the ADA accessibility
guidelines must be in place one week before the event. The motion was seconded by Joe
Ferrante. Vote: J. Ferrante-Y, B. McTygue-Y, P. Morrison-Y, M. Pingel-Y, T. Stellato-Y., M.
King-Y. 7-0 motion carried.
City of Saratoga Springs – Planning Board Minutes – May 9, , 2024 - Page 3 of 4
MOTION TO ADJOURN: Patty Morrison made a motion to adjourn. The motion was
seconded by Kerry Mayo. All in Favor. The meeting was adjourned at approximately 6:50
p.m.
Respectfully submitted,
Donna Gizzi, Recording Secretary
LEAH OR SUSAN SAID THEY WANTED TO GET SOMETHING INTO THE MINUTES BUT
THE VIDEO CUT OUT.
City of Saratoga Springs – Planning Board Minutes – May 9, , 2024 - Page 4 of 4
Agenda
5/8/24, 3:34 PM (45) PB Agenda to Publish - Smartsheet.com
PB Members
City of Saratoga Springs Charles (Chuck) Marshall (Chair)
PLANNING BOARD Mark Pingel ( Vice Chair)
Michael King
City Hall • 474 Broadway
Kerry Mayo
Saratoga Springs, New York 12866 William J. McTygue
Patricia Morrison
518.587.3550
Tony Stellato
Joseph Ferrante, Alternate
Note: Meetings are held in person in the City Council Chambers in City Hall Jason Mazziotti, Alternate
• Please enter City Hall by the Broadway ramp door entrance.
• The door is unlocked 1/2 hour before the meeting start time and is locked 1 hour after meeting start time.
• For entry after 7pm, please use the buzzer outside of the Lake Ave. entrance.
• Comments may be submitted up to 12PM on the day of the meeting using the Public Comment form on the
Planning Department page.
• To view the webcast live or once recorded, go to www.saratoga-springs.org
PLANNING BOARD MEETING AGENDA
Thursday, May 9 at 6:00 p.m.
Roll Call
1. Approval of Meeting Minutes:
2. 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.
Agenda
Project # Project Project Location Project Description Project Index
Order
1 Excelsior Park SUP Excelsior Ave Extension of a previously approved
Extension special use permit in the Neighborhood
20240292 Center (NC) District. 20200574
2 Excelsior Ave Extension of a previously approved site
Excelsior Ave Apt
plan in the Neighborhood Center (NC)
Site Plan Extension
20240278 District. 20200735
3 125 High Rock 125 High Rock Ave Extension of a previously approved
Subdivision subdivision in the Neighborhood Center
20240233 Extension (NC) District.
4 20230267 78 Church Site Plan 78 Church St. Consideration of off-site public civic
space for an approved mixed-use project
in the Neighborhood Center (T-5) District.
3. PB Applications Under Consideration - NOTE: Agenda item discussion will not begin past 10:00 p.m.
Agenda
Project # Project Project Location Project Description Project Index
Order
5 137 Maple High Peaks 137 Maple Ave. Site plan review of a proposed marijuana dispensary in the
20240277 Canna Site Plan Neighborhood Center (NC) District.
6 20 Lake Temporary Use 20 Lake Ave Temporary use permit for outdoor entertainment in the
20240225 Permit Urban Core (UC) District.
UPCOMING MEETINGS AND WORKSHOPS
May 23: Workshop, May 16 at 5pm
June 13: Workshop, June 6 at 5pm
VIRTUAL PARTICIPATION
• Due to unexpected circumstances, one or more of our members may need to participate remotely; if the meeting is remote or hybrid, please find relevant
meeting details here.
• A video recording of the meeting will be available here.
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GENERAL MEETING GUIDELINES
The Planning Board reviews a wide variety of applications and its primary responsibilities include four land development decisions including New York State Environmental Quality Review
(SEQR), Special Use Permit (SUP), Site Plan (SP) and Subdivision (SD).
The rules regarding public input depends on the type of application before the Planning Board.
SEQR and SP: The Planning Board reserves the right to allow public comment as deemed necessary. The total duration for all public comments should not exceed fifteen (15) minutes with each
individual speaker limited to a total of two (2) minutes.
SUP and SD: The Planning Board is required to conduct a public hearing with proper notice to all neighbors residing within 250 feet of the project. Each individual speaker will be limited to a total
of three (3) minutes.
For all applications: Speakers providing public input will be timed to ensure compliance. Applicants’ initial presentation to the Board will be limited to 15 minutes.
Planning Board members are volunteers appointed by the Mayor to serve seven-year terms. Each member has a single vote and a quorum (4 or more members) is required to vote on an
application.
Note: This agenda is subject to change. Please check the website for latest version.
GENERAL GUIDELINES FOR SPEAKERS
• All meetings are video recorded and webcast; please provide public input in a respectful manner.
• Public input will occur after the Applicant has presented the project to the Planning Board.
• Speak clearly into the microphone and state your name and address.
• Speakers will be timed – two (2) minute limit for public comment and three (3) minute limit for public hearing. Be concise, it’s OK to speak for less than the time limit.
• Individuals may not donate their allotted time to other speakers.
• Face the Planning Board at all times, do not engage in direct discussions with the audience.
• Do not repeat points made by previous speakers.
• No laughing, heckling, speaking or clapping from the audience.
• Comments to the Board should specifically relate to the application under consideration and be directly relevant to the evaluation criteria.
• It is best to identify a designated speaker to summarize comments from multiple individuals.
• Written comments will be distributed to the Board and made part of the public record.
• Please note that the Planning Board has no jurisdiction over code enforcement.
• The Planning Board appreciates meaningful and thoughtful input from the community.
To learn more about the application review process, please contact the City Planning Department. Susan Barden: 518-587-3550 x2493 susan.barden@saratoga-springs.org
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