Planning Board

PLANNING BOARD MINUTES DRAFT THURSDAY, MAY 23, 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: Chuck Marshall, Chair, Bill McTygue, Patty Morrison, Anthony (Tony) Stellato, Mike King ABSENT: Kerry Mayo, Mark Pingel, Joe Ferrante-Alternate STAFF: Susan Barden, Principal Planner, Leah Everhart, PB Legal Counsel A. APPROVAL OF MEETING MINUTES: VOTE: 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. #20240346 1 Kaydeross Ave. West. Lot line adjustment of two lots in the Gateway Commercial-Rural (GC-R) District. Stephanie Ferradino, Attorney represented the applicant. Also, Mike Ingersol, LA Group and John Montagne, GPI were present for the applicant. Stephanie showed an aerial view of the project and said the special use permit that they’re seeking is to change the location of the building from the rear as shown in the last presentation up to the front streetscape. She said they were granted the SUP in October of 2023 and the DRB granted approval in May of 2024. Stephanie said tonight they are looking for a SUP modification for change of location for the building and lot consolidation to merge the two lots the applicant is purchasing from the Davis family into one lot. Stephanie said the board would likely see the site plan at the meeting in June. She said the Saratoga County Planning Board will also review the site plan. Stephanie said they would discuss some of the workshop inquiries: Rationale for SUP modification – Stephaine showed a sketch of two properties (paper streets) that were merged into one but were originally paper streets that the City of Saratoga Springs owned. The property was sold to the Davis Family in 2001 and is now a fully owned taxable parcel. Stephanie said they are looking to merge the two lots into one parcel. She said Matt Jones was present and represents the Davis Family and PJ’s Barbeque. Stephanie said her client doesn’t own the property yet and the Davis Family may or may not want to consolidate the property, so she’s asking that that be a condition of approval. Leah Everhart, Counsel said she recognized that an approval for the lot consolidation was necessary but didn’t think it was the planning board who approved it. She said in some communities it’s the Assessor who signs off on a lot mergers. Chuck said typically you can file a combination deed with the county and that eliminates the lines. Susan Barden, Planner said the city handles it like a lot line adjustment. She said it would have gone to PB to approve administratively but because the SUP modification was on the agenda, they added this as well. She said it also sets the stage for the site plan application that the board will see at the end of June. Leah said if timing is important and they have a deadline, the matter can be put on an administrative path. The PB could take action on the SUP and then put the lot merger back before the board for signing when they’re ready. Stephanie said they were looking for the contingency because if the merger doesn’t happen then the site plan doesn’t work. Leah asked Stephanie if she had any concerns about timing if the board takes action tonight and approves the merger. Stephanie said it would be okay for the board to act tonight, they just won’t submit the maps to be signed because that starts the timing to get filed. Chuck asked if the consolidation was a Type 2 action and Susan said it was. Patty asked what the reason might be if the consolidation and site plan didn’t work. Mike Ingersol said the setbacks were different when they had the building laid out in the rear of the property. The internal line between the properties has to go away to combine the properties and make the access much cleaner. Chuck Marshall made a motion for lot consolidation at 1 Kaydeross Ave. West. The motion was seconded by Tony Stellato. Vote: C. Marshall-Y, B. McTygue-Y, P. Morrison-Y, T. Stellato-Y., M. King-Y. 5-0 motion carried. 2. #20240345 1 Kaydeross Ave. West. Modification of a previously approved special use permit (20230712) for a marijuana dispensary in the Gateway Commercial-Rural (GC-R) District. Stephanie said the DRB took action on SEQR, Significance/Demolition, Mass/Scale and Architecture. She said they really loved the building. Mike Ingersol talked about how they came up with the new plan. He showed a survey of the current site. Site Plan Issues:  Number of parking spaces – Mike said they were able to eliminate a large curb cut and parking spaces and it will now be a green area. The 15+ parking spaces were moved up to accommodate PJ’s Barbeque.  Access from Route 9 – Mike said the access is still the same, using the paper street. He said once the topography and site survey came in it was steeper than they realized, and they also had to control the runoff to keep it from going into the front door of the building. He said with the security required, deliveries had to be in the back City of Saratoga Springs – Planning Board Minutes – May 23, , 2024 - Page 2 of 6  door, and it would have been awkward. Mike said they have since learned that this type of use should be further away from the bar and activities at PJ’s, so they moved the building forward toward Route 9. Mike said they terraced the site and they have almost the same amount of parking they had on the previous plan. Mike said employees of PJ’s will be able to park along the side of the PJ’s building instead of on the grass, which cleans up the front of the building. Mike said with the terracing and parking in the rear of the dispensary, they’re more in compliance with the guidelines for the corridor. He said they do have a front door, but the activities will be in the back as illustrated in the guidelines for the corridor. The primary access point is in the rear of the building. Mike said the dispensary needs to be about 3 or 4 ft. higher than PJ’s. He said there’s no sewer in this section of town. There’s an existing septic field that needs to be expanded and enhanced (DOH will look at) and was discussed during site plan review. Chuck said one of the residents had a concern about seepage from the septic system and asked if there would be any value in moving it further to the north. Mike said the property to the north has a pipe that dumps out the back of their property causing stormwater issues there. He said they have to retain a separation between the stormwater and septic. Mike said even though this needs to get over to the existing system, they’re going to leave a connection point for future public sewer. Chuck asked if the DOT had seen the new driveway and the driveway to the north. John Montagne, GPI said they have put together a formal DOT Phase 1 curb cut application which shows the reconfiguration at Route 9 and Kaydeross Ave. and the sidewalk configuration. He said the reviews at DOT have slowed down because of personnel changes but he expects to have feedback from them before the next planning board meeting. A quick review from DOT indicated that the revised configuration would work. John said they specifically asked about the shared use path/sidewalk, and indications are that DOT will limit encroachment on a well-defined drainage ditch along Route 9 that they control and maintain.  Septic System & Stormwater – John said the existing septic system is a mounted system that has two beds that are dosed. He showed where the dosing chamber and septic system were located. There’s a grease trap for BJ’s. They are proposing a totally independent system for the dispensary that will lie next to the existing system. John said the reason for this is that there’s a 100 ft. setback from the system before you can have a stormwater basin. John said because they are disturbing over an acre, they’ll have a stormwater SPDES permit. He said the stormwater report has been put together and will be submitted for review by the city. Chuck Marshall, Chair asked the board if they had any questions. Bill McTygue asked if they should discuss whether they wanted a multi-use asphalt walkway versus a 5ft. concrete sidewalk. John said they asked DOT that question, whether they would prefer an 8’ wide shared path (encroaches on the drainage a bit more) or a 5 ft. sidewalk. Chuck said he thinks a multi-use path would be better because it’s so far out from anything. It would likely be used more by bikers than walkers. Patty said in general she likes the project and appreciates the explanations about the septic and drainage. She said she likes the parking in the back and that they pulled the building forward as suggested in the Gateway guidelines. Chuck asked if they could put a gravel drive between the dispensary and PJ’s. Mike I. said (no mic) retaining wall…there was discussion, but people are not speaking into the mic. City of Saratoga Springs – Planning Board Minutes – May 23, , 2024 - Page 3 of 6 Chuck said this configuration for exit and entrance seems safer. John said a full traffic study was required and submitted to DOT for their review. Tony Stellato said the site plan is an improvement over the last one. He likes the building being brought to the front. He clarified with John that the septic system will be right next to PJ’s leach field which has a kitchen, and they might someday need that area for replacement. He asked what the plan was for that for the future. John said that by removing the existing building and laundry that was in it, they reduced the flow going to the existing system. John said there is room for expansion on the leach field. He said they will be putting in a new septic tank and the one for PJ’s will also be replaced and there will be a new dosing chamber. The mechanics of the system are being upgraded. Mike I. was not speaking into the mic. Mike King said he counted 66 parking spaces on the site plan. Mike I. inaudible. Patty asked what would happen if PJ’s were sold and instead of constructing a new building they reconstructed into the existing footprint. Stephanie said there would be a change of use application. Mike K. asked if the 66 parking spaces were more or less than what’s required. Mike I. said 5 more. Mike K. said fewer would be better. Mike K. said he often bikes on Kaydeross Ave. and then up Broadway and it would be nice to have a multi-use path that wraps around Kaydeross Ave. too. Chuck said the board would like to see an 8-foot multi- use path and the applicant should work it out with DOT and come back. If that doesn’t work, they should come back to the board to discuss it further. Mike K. said the existing southern driveway on Route 9 is too close to Kaydeross Ave. There was discussion about the existing curb cut on Kaydeross. Not everyone was using their mic so the conversation between Patty, Mike K. and Mike I. is too convoluted to record. The modified 31 parking spaces in front of PJ’s will just be re-striped. Patty asked why the southern entry on Route 9 was right in, right out. Someone answered that it was too dangerous to take a left. Patty said she’s not sure she would want that to go away because it would create more traffic for the neighbors. Chuck Marshall made a motion to approve the special use permit modification with the consideration of the revised site plan. The motion was seconded by Bill McTygue. Vote: C. Marshall-Y, B. McTygue-Y, P. Morrison-Y, T. Stellato-Y., M. King-Y. 5-0 motion carried. 3. #20240196 16 Marion/2 Ave. A. Advisory opinion to the ZBA for an area variance to permit a two-lot subdivision in the Urban Residential-2 (UR-2) District. Stephanie Ferradino, Attorney represented the applicant. Stephanie said they’re before the planning board on a referral from the Zoning Board. She said they are looking for variances to facilitate a two-lot subdivision. She said the existing properties include a single- family home accessed off Marion Ave. and a duplex on Ave. A. All three residences are on one lot which is in contravention of the UR-2 district regulations. The subdivision would put the duplex on one lot and the single-family on another. Tony Stellato noted that the planning board is not here to make any comments regarding the relief requested. Tony said usually when a board refers, they specify what they would like an opinion on. That wasn’t done in this case, so he’s assuming the ZBA wants the PB to look at site plan issues. He said he believes the ZBA is looking for the PB to decide what the subdivision of this lot does from a site plan perspective. He said it would take a lot that when it’s time for redevelopment, could conform. It has access to Avenue A which takes the pressure off Route 9 for a driveway, etc. By cutting that line, Lot 2 would no longer have access to Ave. A, and it would put that access for the driveway and trash on Route 9. Tony City of Saratoga Springs – Planning Board Minutes – May 23, , 2024 - Page 4 of 6 said the board can point out the issues they have to the ZBA, and they can decide based on their criteria. Chuck said the PB options are favorable, unfavorable or modifications. Patty said she appreciates Tony’s comments and for laying it all out. She asked what the lot sizes are, and the variances needed for the subdivision. She asked if the non-conforming two family could be built today. Susan said yes, in the same footprint. Stephanie said Lot 2, at the top, is what it needs to be in the UR-2 District – 6,600 sq. ft. The duplex lot needs to be larger so that would be 7,979 sq. ft. Stephanie said they meet the minimum lot size requirement for both lots. She said the variances they’re getting are for setbacks, width, and the driveway which should be 25% and it’s 50%. Mike K. asked if they could divide it north south instead of east west and meet the minimum lot sizes. Stephanie said she asked Dan Wheeler that question, and he said one property would have to take from the other which would push the access over. She said it would be a weird configuration to make it so the duplex could have more of the lot size as required in zoning. Tony suggested that they let the ZBA decide if it would work. Mike K. said the north south division puts more of the frontage on Ave. A, off the larger street, which makes more sense in his opinion. He said if they’re going to tear down two thirds of the structure, why not tear down the whole thing. Patty asked if the goal was to sell the property. Stephanie said the goal is to sell one of them. Discussion took place about hardship variances but was inaudible. People not using their mics. Stephanie said the relief they are requesting brings the two properties more into conformance with the zoning code because they won’t have two principal structures on one lot. Tony said he would like to tell the ZBA that they are not making any comment on the relief requested and are recommending an option for the subdivision that doesn’t eliminate access to Avenue A from either lot. The reasoning is that it relieves pressure on Route 9 and it’s more appropriate to have access and trash on Ave. A. Chuck agreed but noted that Route 9 has 15,000 cars per day. Stephanie said the planning board’s opinion matters because they will eventually be before them for the subdivision. Tony said theoretically, they could approve the subdivision if the variances were there. There was discussion about whether Stephanie should go back to Dan Wheeler to see if the north south subdivision would work and come back before the planning board with the new configuration before going back to ZBA. Leah said she thought the concern that the board had was not about the location of the division line but for any division line. There’s a pre-existing non- conforming use that would be perpetuated by a subdivision. She said if the lot remains a single lot, it would be more likely to end the pre-existing non-conforming use by attrition over time. Bill McTygue said the driveway is off Marion Ave. and that’s where the owner is going to bring their trash. Even if they reconfigure it so that they have access to Avenue A., the owner will still use Marion Ave. He feels that what is being presented is the most practical way to divide the lot. Susan said she misspoke about the non-conforming use and clarified that if the structure is damaged or destroyed by no act of the property owner, then it can be rebuilt. They could not actively demolish and rebuild a two-family structure. Chuck Marshall made a motion that a favorable recommendation to the Zoning Board of Appeals be made for a two-lot subdivision with the condition that the Zoning Board evaluate whether those two lots are more appropriately drawn with a north south property boundary or east west property boundary based on the likelihood of driveway placement, trash pick-up and access to Avenue A versus sole access to Marion Ave. as a driveway location for Lot 2. Patty Morris seconded the motion. Vote: C. Marshall-Y, B. McTygue-Y, P. Morrison-Y, T. Stellato-Y., M. King-Y. 5-0 motion carried. City of Saratoga Springs – Planning Board Minutes – May 23, , 2024 - Page 5 of 6 MOTION TO ADJOURN: Chuck Marshall made a motion to adjourn. The motion was seconded by Tony Stellato. All in Favor. The meeting was adjourned at approximately 7:33 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs – Planning Board Minutes – May 23, , 2024 - Page 6 of 6