Loading...
HomeMy WebLinkAbout20180204 Witt Subdivision Correspondence 10-5-20 10/5/2020 Zimbra 420 1 ‘g 0 204l GP) IT: 11 11, if [ f 4> IiJ 1 OCT 05 2020 ii I/ Dear Chairman, ley I am very sorry for the time we have taken up to help resolve the status of the Silver Maple tree on Birch St lot. When the project was approved it was noted to work with city arborist for a discussion for a protection strategy.See attached minutes form final approval.The minutes are missing the discussion where I noted this tree was an issue and may have to come down. • I reviewed at site prior to any work on the project with city Arborist that the tree was an issue as it is near the setback. It was agreed that large limbs that would be sticking into and overhanging the proposed house would be removed at a minimum. Prior to work we had a pre-construction meeting at the city rec center. My staff met with met with Kate Maynard, and Tim Wales and reviewed to have city arborist on site for excavation,which happened. Once we excavated the land owner/Client, our Project manager met with arborist and it was decided the tree is compromised and should come down.At the last meeting it was discussed that I am in violation. I disagree we are in violation. Putting a restriction of a Silver Maple that I feel is not in best of health, has multiple forks for trunks that spider out from stump with some rot is not a tree that should be saved in an urban lot next to fa home. I noted this during approval and this was not heard or noted in the minutes. See attached minutes from final approval attached. For the record I Volunteered my labor with my backhoe and planted over 20 trees along the Railroad Run Trail off Circular St that heads toward the YMCA 28 years ago with Open space, when DPW would not spend their resources. I propose we replace the Silver Maple with nine (9)four columnar hornbeam Frans Fontaine trees and five (5) dogwood trees on the Birch St lot and Hyde St lot. Below is a picture of both proposed trees. Please let me ' know if this is satisfactory to you and the board. We will be also planting St trees in the city ROW per the approved plans. Respectfully, John e4= ,'':t'' ''',":;';',"1,1040 ''''aleiki.#44;x1T-,:ft''",1041.40?ftligt! 'LIt� ilkca 4� . tea.° x .K`'.°'K y^^I,y a, ,ma x ''''''',„:;:,•4'-',,,i, rs' 'a z a RY.. 'w 3 x 4 �1 .5 `�. fi n..,11,44k9,`,10,..., a �N, � +^:^ a t ,q .a ; yin ",,, -!---'..:44ti ,,,, t ,„-i:-f,4*.trtk.:,:it- .04,,i,''',„r4 ''',*,4' ',",""',--,,A, :- https://m.sar� $� eW ,1, Q • 10/5/2020 Zimbra 41 ,,,•• :fes f ' as } `�* ,, r. NEs _ gf f'Dw. � i� �"a' c �i ik 8 l'^ �• °` air John Witt Office: 518-587-4113 Cell: 518-281-6780 WWW.WiCOtlStt UCtIOtl.CO1 it tt K byy� t ; �'�_n , image001.jpg x r 28 KB x ,.� image002.png 189KB �..._.. �.x azo. • doc20201002154534.pdf -A 336 KB https://m.saratoga springs.org/h/printmessage?id=111327&tz=America/New_York 3/3 could become one with the same INST-HTR designation. That would by definition open up the entire area to the full complement of uses in this district and could be a problem. Vince DeLeonardis,City Attorney stated this would be a stretch but it could be possible. Mark Torpey,Chairman stated a great deal of information has been supplied to the applicant. We will request an extension from the City Council regarding our Advisory Opinion. We spoke about perhaps an outside opinion whether this could be tethered to the affordable izard and the inclusionary zoning to help the Board. Clifford Van Wagner stated additional information would be helpful,however,this is a non-binding Advisory Opinion requested by the City Council. When we return in September we will review any additional information the applicant has provided and then this Board can issue our Advisory Opinion. 6. 18.017 WITT SUBDIVISION,32 Hyde Street and 9 Birch Street,final 3 lot subdivision in an Urban Residential-2 District. Mark Torpey,Chairman stated the Board has looked at several items previously relative to lot line configuration,some complexity to the line that is being proposed. Right of Way concerns we discussed regarding Birch and Hyde being substandard streets. A waiver of sidewalks was requested for Birch as well. We had chances to look at the property and the lot. We are looking at a final 3 lot subdivision. BACKGROUND: Subdivision proposed with subject parcel and portion of adjacent property currently owned by Living Resources. SEQRA: Action appears to be an Unlisted Action. Short form EAF Part 1 was provided with the application. Applicant: John Witt,Witt Construction Agent: John Canney,Carter,Conboy Mr.Canney provided a visual of the site. An existing condition map was provided to the Board. No improvements to the site. Mr.Canney provided responses to the comments of the Board. The first is lot configuration. These lots are not squared off lots. The requirement in the code is to meet the area requirements,which we have done. The lot configurations are the way they are presented due to the constraints on the lot size,and that they are all within the 6600 square foot requirement. The next was a request for more information regarding meeting the criteria for the right of way waiver. We are requesting waivers for the Right of Way for both streets, Birch and Hyde Streets. A waiver is requested for sidewalks on Birch Street only. Sidewalks will be installed on Hyde Street. Mr.Canney reviewed the four criteria required for the waiver. - The granting of the exception or the waiver will not be detrimental to the public safety, health or welfare or injurious to other properly. These streets have been this way for over 80 years and have no history of any issues in this regard. Many streets such as these exist currently in the City. - The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable,generally,to the other property. City of Saratoga Springs—Planning Board July 19,2018.Page 14 of 19 This is a locked parcel. It is in the middle of the street and does not allow for the ROW to continue down the street. The ROW would be to nowhere going in either direction. Providing a ROW would also create issues with the streetscape. - Because of the particular physical surroundings,shape or topographical condition of the property involved, a particular difficulty for the owner would result,as distinguished from a mere inconvenience, if a strict interpretation of this chapter were carried out. Due to the shape of the lot as it stands currently,if the ROW were extended the property could not be subdivided because of the minimum lot size. The lot itself taken on its own causes a unique difficulty to the owner. • - The relief sought will not,in any manner,vary the provisions of the City of Saratoga Springs Zoning Ordinance, Comprehensive Plan or Official Map,except that those documents may be amended in the manner prescribed by law. There will be no issues with the Comprehensive Plan,and no issues with the Zoning Ordinance,or the Official Zoning Map of the City. We comply with all four issues. Mr.Cannery stated the applicant requests the Board to grant the waiver of the ROW for both Birch and Hyde Streets. We are also requesting a waiver of sidewalks on Birch Street only due to the unique topographical feature on that street. Under the zoning standards this is an applicable reason to request a waiver. We also identified all the trees in the setback. Amy Ryan,Alternate questioned the applicant regarding additional testing for radon particularly in areas with extreme topographical grade usually are indicative of elevated radon levels. I think it would be advisable to just understand what that is in this area. John Witt,applicant stated we do not warrantee against radon when constructing a home. There will be some in the home. We pre-mitigate for radon with crushed stone and piping during construction. It would be up to the individual homeowner to eradicate this if necessary. Radon is usually found in rocky soil, this soil is sandy. Mr.Cannery provided a visual of the grade on the site. PUBLIC HEARING: Mark Torpey,Chairman stated the public hearing was opened and remains open. Mark Torpey,Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey,Chairman closed the public hearing at 9:16 P.M. Jamin Totino,Vice Chairman stated he has no issues with the granting of the ROW waiver,the applicant has presented a convincing argument. Regarding sidewalks this project area is a seed for other people to create sidewalks. He is not in favor of the sidewalk waiver on Birch Street. Sidewalks are needed in this area which calls for pedestrian connectivity. This is our opportunity now. Discussion ensued among the Board regarding sidewalk waivers,topography of the area. John Witt spoke regarding the feasibility of the sidewalk waiver on Birch Street,he will put a sidewalk in but it does not make sense in this area. City of Saratoga Springs—Planning Board July 19,2018-Page 15 of 19 Mark Torpey,Chairman spoke regarding relocation of a sidewalk comparable to what would be installed in this area. There is an opportunity on Ash Street to connect from Birch to Hyde that was missing which would complete a segment. to the High School in that area which would a perfect in kind replacement in a strategic area. Discussion ensued among the Board and the consensus of the Board to have the applicant meet with City Staff to determine a satisfactory agreement whether to repair or replace or install sidewalks equivalent to the area on Hyde Street and the repair if decided should be in this neighborhood. SEQRA: Short form EAF Part I was provided by the applicant. The Board reviewed Part II of the EAF. No large or important areas of concern were noted. SEQR DECISION: Jamin Totino,Vice Chairman stated that based upon the information provided by the applicant in Part I of the SEQR Short Environmental Assessment Form,and analysis of the information provided and presented in Part II of the SEQR Short Environmental Assessment Form, I make a motion for a SEQR negative declaration since the project will not result in any large and important impacts and,therefore,is one that will not have a significant adverse impact on the environment. Clifford Van Wagner seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey,in favor; Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate,in favor; Todd Fabozzi, in favor;Mark Torpey,Chairman,in favor MOTION PASSES: 6-0 Mark Torpey,Chairman stated on the three lot subdivision;agreement to extend the waiver for the Right of Way. No change in the lot line configuration which will allow the 6600 square foot requirement to be met to avoid variances. Waiving the sidewalks on Birch and in lieu of sidewalks on Hyde Street the applicant agrees to place 85 feet of sidewalk working with City Staff to identify the best site for this placement within the west side neighborhood district. Preservation of the large silver maple tree with a discussion with the city arborist for a protection strategy. Clifford Van Wagner made a motion for in the matter of the Witt Subdivision,32 Hyde Street and 9 Birch Street for a final 3 lot subdivision in an Urban Residential-2(UR-2)District be approved with the conditions as noted by the Chair. Amy Ryan,Alternate seconded the motion. Mark Torpey,Chairman asked if there was any further discussion. None heard. VOTE: Janet Casey,in favor; Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate,in favor; Todd Fabozzi, in favor;Mark Torpey,Chairman,in favor MOTION PASSES: 6-0 City of Saratoga Springs—Planning Board July 19,2018-Page IS of 19 • 7. 18.039 CHERRY STREET AND MARVIN ALLEY CONDOS, 18 Cherry Street/38 Marvin Alley,Site Plan Review of 8 multi-family residences in an Urban Residential-4(UR-4)District. BACKGROUND: The project has been revised since the first proposal. It was initially one large scale structure,and now is reduced in number of units to 8,and decreased in scale to 3 separate structures. DRC provided an Advisory Opinion to the Planning Board which resulted in a layout and design changes including proposed carriage houses on Marvin Alley. Variances have now been received by the ZBA permitting the current site plan application before the Board. SEQRA: Action is a Type I action due to the proximity to the National Historic District. Coordinated review with the ZBA. ZBA deferred proactively SEQRA to the Planning Board. Planning Board accepted Lead Agency Status and provided a negative determination on 02/1/18. Applicant: Anthony Maney Agent Jon Lapper,Attorney,Jeff Anthony,Studio A Mr.Lapper spoke regarding the first project on the agenda this evening which a previous engagement prevented him from attending. He spoke about working with the Board and never making it personal. That was unfortunate and should not have happened. Mr. Lapper continued with the current application and stated this project first appeared before this Board one year ago. We have dealt with many issues and changes over the course of this year which made this a better a project. All the recommendations which were made at the workshop the applicant is willing to agree to. Sidewalks and curbing on Cherry Street,reducing the height of the lights,removing the snow from the site as necessary. Fencing was modified to the side and rear property boundaries and buffered with mature trees. Fencing is no longer shown at Cherry Street and Marvin Alley. Trees will be maintained and saved along the perimeter of the site to the best of their ability. We staggered the building from the front not all the driveways are suitable for parking and will be designated as such. Parking is provided in the rear of the buildings. The fire issue was investigated and we do comply with the fire distance. These are all of the issues. We have reviewed the engineering comments with the City Engineer and they are just details and clarifications which we can work with the City Engineer to finalize that. Tim Wales,City Engineer stated we have just received our consulting engineer's report this afternoon which was forwarded by email. All technical comments are straightforward and nothing presents to be a roadblock. We met this week to work out sanitary issues and several technical comments which are not substantial. Mark Torpey,Chairman stated there will be no curbing or sidewalks on Marvin Alley. Sidewalks and curbing on Cherry Street,reduction in the height of the lights,removing the snow from the site as necessary. Fencing was modified to the side and rear property boundaries and buffered with mature trees. Fencing is no longer shown at Cherry Street and Marvin Alley. Trees will be maintained and saved along the perimeter of the site to the best of their ability and work in concert with the city arborist. Todd Fabozzi made a motion in the matter of the Cherry Street and Marvin Alley Condos, 18 Cherry Street and 38 Marvin Alley that the application for site plan be approved. Jamin Totino,Vice Chairman seconded the motion. Mark Torpey,Chairman asked if there was any further discussion. None heard. City of Saratoga Springs—Planning Board July 19,2018•Page 17 of 19 VOTE: Janet Casey,in favor;Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate,in favor; Todd Fabozzi,in favor; Mark Torpey,Chairman,in favor MOTION PASSES: 6-0 C. APPROVAL OF MEETING MINUTES: Mark Torpey,Chairman made a motion to approve the minutes of the June 21,2018 Planning Board Meeting be approved as submitted. Clifford Van Wagner seconded the motion. VOTE: Janet Casey,abstained;Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate, abstained; Todd Fabozzi, in favor;Mark Torpey, Chairman,in favor MOTION PASSES: 4-0 Jamin Totino,Vice Chairman made a motion to approve the minutes of the July 5,2018 Planning Board Meeting be approved as submitted. Clifford Van Wagner seconded the motion. - VOTE: Janet Casey,in favor;Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate, abstained; Todd Fabozzi, in favor;Mark Torpey,Chairman,in favor MOTION PASSES: 5-0 16.038 PET LODGE,NYS ROUTE 9,South Broadway,Site Plan review for 6,000 square foot pet boarding facility within the TRB/RR District. Kate Maynard,Principal Planner requested the Board approve an extension of the site plan approval per Justin Grassi, Counsel to the Land Use Boards. Mark Torpey,Chairman made a motion in the matter of Pet Lodge, NYS Route 9 South Broadway for an extension of the site plan approval for 60 days. Jamin Totino Seconded the motion. VOTE: Janet Casey,in favor;Clifford Van Wagner,in favor;Jamin Totino,Vice Chairman,in favor;Amy Ryan,Alternate, In favor;Todd Fabozzi, in favor;Mark Torpey,Chairman,in favor MOTION PASSES: 6-0 City of Saratoga Springs—Planning Board July 19,2018-Page 18 of 19 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey,Chairman adjourned the meeting at 9:55 P.M. Respectfully submitted, Diane M.Buzanowski Recording Secretary APPROVED 11-15-18 • City of Saratoga Springs—Planning Board July 19,2018-Page 19 of 19