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HomeMy WebLinkAbout20210224 Buenos Hill Auto Site Plan (9) J: LAW OFFICE OF WILLIAM R. DICENZO ATTORNEY&COUNSELOR AT LAW 34-62 JUNCTION BLVD.-JACKSON HEIGHTS,NY 11372 OFFICE:(929)462-0444 FAX:(929)462-0441 March 4, 2021 Via Hand City of Saratoga Springs Planning Board 474 Broadway — City Hall Saratoga Springs,New York 12866 Re: Application for Permanent Special Use Permit and Site Plan Review 254 Washington Street: Automobile Garage & Sales/Office Use Dear Sir or Madam: It was about a year since this matter was first before you. On behalf of Buenos Hill Inc. ("the Applicant,")I submit this additional letter in further support of a special use permit and waiver of formal site plan review. In light of comments and suggestions at the last workshop(s), the Applicant agrees to limit in scope its application solely to the principal uses: "Automobile Garage," and "Automotive Sales," and seeks "Office" as accessory or incidental to those uses. Introduction The impetus for bringing this application was the lack of available records at Saratoga Springs City Hall and the unwillingness of the City to acknowledge the history of use at this location. As established at the initial hearing, all of the above uses are permissible within the applicable zoning district. In general, zoning ordinances are in derogation of the common law and must be strictly construed against the municipality. Matter ofRendely v. Town ofHuntington, 44 A.D.3d 864, 865, 843N.Y.S.2d 668 (2d Dept. 2007). Although a zoning board may,where appropriate, impose conditions that are directly related to and incidental to the proposed use of the property, said conditions must be reasonable and rationally related to the proposed use. Id. Further, said conditions must relate solely to the real estate involved without regard to the owner or applicant. See FGL & L Property Corp. v. City of Rye, 66 N.Y.2d 111, 495 N.Y.S.2d 321, 485 N.E.2d 986 (1985). In other words, zoning regulates the use; not the user. "It is well settled that the inclusion of a permitted use in an ordinance is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood." Burke v. Denison, 203 A.D.2d 642, 643, 609 N.Y.S.2d 959 (3d Dept. 1994). To deny an application for a permitted use requires the board to set forth specific reasonable grounds supported by substantial evidence that although the use(s) are permitted,the particular location is unsuitable.Id. Further, in contrast to a variance, which permits an owner to use the property in a manner inconsistent with a local zoning ordinance; a special use permit involves a permissible use, and therefore, the applicant's burden is minimal. City of Saratoga Springs Planning Board March 4, 2021 Page 2 of 24 See Retail Property Trust v. Board of Zoning Appeals of Town of Hempstead, 98 NY2d 190, 196, 746 N.Y.S.2d 662, 774 N.E.2d 727 (2002). In each zoning district, certain land uses are designated as permissible and primary uses of land; so-called"as of right" uses. E.g., single-family. A special exception or special use permit ought to only be applicable when a specific use, although as of right, at a specific location, carries with it a specific need to limit or condition the use to protect or mitigate against any negative or secondary impacts to the adjacent properties. Classic examples of uses that are generally suitable for a particular zoning district, but subject to certain conditions would be cell towers, wind turbines, gas stations, and certain hazardous or dangerous operations like mining and excavation. See generally, Eddy v. Niefer, 297 A.D.2d 410, 745 N.Y.S.2d 631 (3d Dept. 2002). Here, the City of Saratoga Springs Zoning Ordinance ("the Ordinance,") does not delineate any existing or"as of right" uses to this site and instead requires both a special use permit and a site plan regardless of the existing use,proposed use, and nature of the property and building thereon. This is a fundamental flaw in the zoning map. To comply with the Ordinance and at the request of the board, the Applicant included an application for site plan review with its special use permit application so the two may be considered together, and the pre-existing site documented for the City record. The Site—Exterior of the Building As discussed previously, the site has a long history and association with auto use since its inception.' Below is an ariel view taken from the New York State Department of Environmental Conservation. .X. Y•:. :T 1.,1:TTh . 'F . I s. T: C•1 . T. El r lig . 401) - fix: 7 1011,111. 0014. Jam,, ,-, �,-,, Mefo - ► .i;1., 1 See annexed hereto as Exhibit D,"Letter of William R.DiCenzo Esq. dated March 10,2020." City of Saratoga Springs Planning Board March 4, 2021 Page 3 of 24 Improvements to the Site After the last tenant was evicted for non-payment of rent in late 2018, the Applicant took steps to"clean-up" the site and make improvements to the building under Section 5.4.3 of the Ordinance.2 This undertaking was an ongoing process and thanks to input and recommendations from this board, the site and building have never looked better. At the previous workshop(s) questions were raised concerning lighting,parking, fencing, screening,rear-access, the complete-streets program,the building composition, viability of the property, and waiver of formal site-plan review. Below are some examples of the improvements made.3 Lighting Down-facing light fixtures were added at each end of the parking lot for added visibility. • • { _..P''' te+? r • rl• "° .r J.. �` �id r • • "Any non-conforming structure may be renovated,altered or repaired within its present dimensions." 3 Please see the updated sketch plans and site plans for further details. City of Saratoga Springs Planning Board March 4, 2021 Page 4 of 24 Parking As evidenced by the google map image below(circa 2018), the parking at the site was never formally delineated and parking was permitted anywhere and everywhere. As part of the "clean-up" to the site,the parking was limited and the proposed spots were tailored to give the site a clean structure and appearance. Before Google Maps 254 Washington St tmi - ;! —60 t- _ , , eft. . I a 2S4 Washin on -r (..`..�, • F f •S.,Sarat4Dg p ngs.. • f T • '; J orriElii; . v ._ .... , 4 11— ..ti A City of Saratoga Springs Planning Board March 4, 2021 Page 5 of 24 After The proposed parking for the site meets the minimum requirements for each use as per the Ordinance and requires no street parking or parking on neighboring properties4 • Automotive Sales - 1 per 200 square feet of sales floor area. Limited to the periphery of the site. 20 parking spaces exclusively for the marketing of automobiles and customers. • Automotive Garage- 1 per 600 square feet of service floor area plus 1 per company vehicle. The current service area is approximately 2800 square feet. Limited to the non- periphery garage side of the site. 6 parking spaces for customers and employees. • Office- 1 per 300 square feet of floor area. The current office area is approximately 700 square feet with an additional 700 square feet of potential office, garage, or storage. Limited to the inside periphery office side of the site and the front entrance. 9 parking spaces for customers and employees. • Total Parking-Reduced to 35 spaces. Includes one new handicapped parking space. .- pIf, TYP. / r � LaiII1 s' ti II PLe f` IOW Aror I 1=TrP —— I 1 4 yy i; '-) I' (,26' ) y b) CAR 44117T"-f""r I o$) 1 ti 1 y i �cs r t "I''' say. 11: 1_ CARS IceI ,, 1 1,. ..., E) # 11I I 77(.6') 4 t I I F:XI_�it INC 4,240 .-'.4' ti - i#f f•_- 4 — I al !I a`�ti,�A... MI', I) USES—T5 .7-=- _.--1 4 _I,-, S. 7 i;)(----.24 1 h --- -' -1 — I �7 N.l „ _ li r3 c ., .�,,_,_ v_..„04_,. -- 0 .is i 4.77--14-..,—.2 I t 1 I — w' 4. 1 i 41EV 441, r) c.411170 66 r .) G 4+p 4 (A ' "r:41: NJ 4 6.2 Parking and Off-Street Loading Requirements ... "The purpose of this Article is to ensure that uses have a minimum level of off-street parking to avoid congestion on surrounding streets ... ." City of Saratoga Springs Planning Board March 4, 2021 Page 6 of 24 4. - . ,41+ CRs` �,a.� t � ow. op _.... ,z....:, .,,,,.. . Air lir \, Fencing To give the site a definitive boundary and to add additional screening to the parking lot, a six-foot-tall aluminum composite fence was installed on the westerly portion of the property between the parking lot and the rear access road. Similarly, a 4-foot street wall or estate fence was constructed at the middle front of the property from stone and composite materials.5 , • I I._ .l111r1 MOM MIN 1 Min 1.. , 11111111.1111ffillatill 11111111111.1 5 Originally,only a 3-foot retaining wall was proposed for the middle front of the property. City of Saratoga Springs Planning Board March 4, 2021 Page 7 of 24 ,...4:,`,. 4 Airill: •cam ��u -- ■ltilk -6 --s+.smikailibria - .- .9 t City of Saratoga Springs Planning Board March 4, 2021 Page 8 of 24 Screening and Off-Street Loading, Service, and Storage areas The off-street loading, service, and storage area is accessible via of a separate access road and is located behind the building and parking structures. It was screened off with appropriate landscaping. A variant of the arborvitae family, the giant green thuja is a large, vigorous, fast- growing evergreen that forms a dense, rich green foliage making for an exceptional screen or hedge. Once established it can withstand heavy ice or snow and may act as a wind barrier. � } ty.:. ? I14C.:.:.;._..../..:' # ert`.t ;teak---:111.,.''.':::.' , •_w•�'• :_, 1. .. %a r 7.1...r,' -' r• yms :-....„--%„,-'4-..„: - 41 -f.":-.,0: tie - . '''' 1- ,,,..,...._ , 7.. ‘, -_,,,4.--; -'.. �. • ! . . .014 '1/4 .r �lt, 4 moi _. ,`J #" r1,0,14 • } Images shown are of mature plants City of Saratoga Springs Planning Board March 4, 2021 Page 9 of 24 I LIACAPAIII PM4144 MLA LANDS OF BUENOS HILL INC. sDEED No.2017074014 I AREA=33.9532 SO.FT. I r" 11 LL �ArAif[P/.i[R2'3 A!7 CASINO lirS021,-/-q lL I I Cat ++oar Lem PAM / I 1 141 Luc. I I Ih ° i : r 1/1134, r $ $ PAMONC AREA Irma °ftE wear ZIT + I wwr dyer r 1 f I r 1 XK.MINR 1 PE I r410,14c Rf6_R IL rid 1 II ,, I 1 LOCR rK7r UM I - ,, ,.....c [MA UMW. 'r FD • .. " . 1 LOCANON I ar Mr=r4401 I - •• • • • • 1 Iw f (IV pipitXa.s7 i Idg nH R 414P0r.LOCRTXIX dR!WPC EpAQ M1 ! 1 1 I R 4.004.10441 City of Saratoga Springs Planning Board March 4, 2021 Page 10 of 24 Sidewalk To increase the accessibility of the office space from the parking lot and improve the aesthetics of the site, a paver-stone walkway was added. s.. • • Likewise, a New Mailbox for Office Use and Garage (Units 1— 8)will be added CBU-8 Tenant Boxes Cluster Mailbox SKU:M-1570-8SCAFBlA I View AE JISPS AorwmeectR lax Custer 4 a F_ City of Saratoga Springs Planning Board March 4, 2021 Page 11 of 24 Interior of the Building The interior of the building is comprised of three separate but related sections and contains one public bathroom and one non-public bathroom. RENTAL SPACI' 'Cr (AUTO REPAIR SHOP) 2800 SF +- RENTAL SPACE 'B' 692 SF+- —_,—� -- - Illlli _ ".' �. r 1 ; L RENTAL SPACE 'A' I w_ i —_-- (oFFICE I'IT-UP ) sramw"-__44: 1 r.i ,. + 4 r 720 SP' t— 1 1 —I -�--7I z � �_ I • _ ., City of Saratoga Springs Planning Board March 4, 2021 Page 12 of 24 A) Automotive Sales and Office—This space previously held one large sales office and will be divided into 2-3 offices and a conference room. The office section is reserved for automotive sales offices and will also house an office for Buenos Hill Inc and its owners, administrative and legal staff. This office section also contains the public bathroom, which will be utilized by all three spaces. 7 7 , 1111 I ., 4 # .r 0 11\\1161‘:::*.'r '\:i,S, . , .._ „,..\\_,_.. 7 � �. City of Saratoga Springs Planning Board March 4, 2021 Page 13 of 24 B) Flexible Expansion—This space was previously used solely for storage and automotive repair. It remains to be seen,which of the three uses will utilize the space as a business expands. One day it may come to house more sales, executive, or administrative offices or it may go back to being used exclusively for automotive repair. Until then it will function as storage for Buenos Hill Inc and its owners. Although a separate unit, it connects to space A and will share the public bathroom. 4111111b _.---- -. 4 1 _ . .. A ._ .., ti, - "" ... i . , .lig ______,ii\ , _ _ _ ,. . . . a4p,.... ,,,,s„,___ ,_ ..., _____ „,:..._, , , _it. , , __ ... ,_. .. . „A - , i , , _ Afre,„s,.; City of Saratoga Springs Planning Board March 4, 2021 Page 14 of 24 C) Automotive Garage—This space was used for automotive repair and will remain automotive repair. It has a non-public bathroom solely for employee mechanics and technicians. Although a separate unit, it will be provided access to space A so customers can use the public bathroom. y - S A f iik - 0 ", .. f in _3 Vial ..ii Ia _ - - I �� /' 4 II a i y ,,,may , --—� ",` - ..,.w – - _ - . - . i City of Saratoga Springs Planning Board March 4, 2021 Page 15 of 24 Complete Streets At the initial public hearing and the workshop(s), some questions arose regarding the site's compatibility with the City of Saratoga Springs Complete Streets Plan ("Street Plan"). Adopted May 1, 2012, and updated December 2016, the Street Plan "provides a framework for including all modes of mobility on existing City streets, State and County routes."Id. at 1-1. The Street Plan provides a range of recommendations for different roadways found throughout the City and classifies these treatments as bronze, silver, and gold, with gold providing the highest level of comfort and protection for citizens.Id. at 2-1. Here, the pre-existing site abuts County Highway Route 29. The New York State Department of Transportation retains jurisdiction over this stretch of highway and it is considered a principal arterial. It is not a neighborhood street, but a transit corridor and thoroughfare. As such, the Street Plan gives this section of highway its lowest recommendation or a bronze level. Due to its high traffic and higher speed limit, pedestrian and traditional streetscape elements are not recommended. Recommended improvements consist of striped shoulders of at least 5 feet on both sides.Id. at 1-12 and 2-12. 6 Street Name an DOT Functional auris ion Street Typologies Pedestrian Bicycle Transit 'on .ss Level Level Level W Circular St Major Collector City Neighborhood Street W Circular St(Saratoga Springs High School) Major Collector City School Zone G G — Washington St/Rt 29 Transit Corridor& (Walnut Street to Principal Arterial City S Broadway) Thoroughfare Washington St/Rt 29 I(West Ave to Walnut Principal Arterial NYSDOT Transit Corridor& S B Street) Thoroughfare Washington St/Rt 29 (Western City Border to Principal Arterial NYSDOT Transit Corridor& B B $ West Ave) Thoroughfare Weibel Ave Minor Arterial City Transit Corridor& 5 5 S Thoroughfare West Ave Minor Arterial City Transit Corridor& S 5 S Thoroughfare West Ave(Saratoga Spings Minor Arterial City School Zone G -- High School) 6 These improvements were completed in the fall of 2019 by NYSDOT presumably in coordination with the City and its approval of the Intrada development.The City and NYSDOT have also collaborated on several important improvements in recent years along Route 50 and Route 9P. City of Saratoga Springs Planning Board March 4, 2021 Page 16 of 24 County Roads/State Highways-Recommendations by Level Bronze Level Improvements: • Striped shoulders of at least 5'on both sides. r ari J Silver Level Improvements: • ADA compliant sidewalks on at least one side with Q 5'buffer. • At least one crosswalk at all intersections and mid- �a R block crossings where appropriate. Gold Level • Improvements: • ADA compliance for all facilities • Sidepath on at least one side. • High visibility mid-block crossings with Rectangular Rapid Flash Beacons(RRFB). • Wayfinding signage with estimated travel times is installed. —a I, • Street trees and pedestrian scale lighting fixtures. City of Saratoga Springs Planning Board March 4, 2021 Page 17 of 24 The continued viability of the property The building and site were constructed before the 1973 city zoning ordinance, the 1990 city zoning ordinance, and the most recent 2012 city ordinance, before any comprehensive plan, and before any complete streets' initiative. Below is a photograph of the building circa 1977. __.-4, ... _ ____ ,„ isp „:11 iiiii, it . . , I' 111C1111"91*:,u1 I- , . N, 4g6 " 111111' •tif kb. . 466.'V-- 4 . . ...- f' 4111111 . Ill ya itti.............iv1 -10 ! • a. . -4 _ _ kiir:)1 i City of Saratoga Springs Planning Board March 4, 2021 Page 18 of 24 Below is a photograph of the building circa 2017. Go gle Maps Saratoga Springs,New York .- 4. - . . f Google. • 11 Image equine_Aug 2017 9 2020 Goople For the last plus or minus 45 years and in one form, shape, or another, this site was primarily associated with the repair and/or sale of motorcycles, automobiles,boats, ATVs, snowmobiles, and equipment. It is hard to fathom the City of Saratoga Springs did not know this. The permissibility of this site for these uses for such a long time without any intervention is a testament to their acceptability and compatibility with the surrounding area. The history itself suggests these uses are vested and"as of right." It is equally hard to fathom why this board would ask the Applicant to pay for a sidewalk and streetscape for the city in exchange for allowing the Applicant to have offices in his or her building in a commercial zone.Not only is a sidewalk and streetscape not recommended per the Street Plan, but the highway lies outside this board's jurisdiction. A request under these circumstances is ultra vires. Add to that the City received millions of dollars in federal grant money in 2019 for sidewalk construction and the request is preposterous. In 1968 the previous owner was discharged from active duty during the Vietnam War. In or about 1971 he moved to the City of Saratoga Springs. Around 1975 he began renting this property and in or about 1983 he purchased it. Commercial property and school taxes were paid on time ever since and for the last 37 years and counting. Despite the payment of these taxes no discernable public benefit was provided by the City of Saratoga Springs. The site lacks access to public utilities. Had public utilities been See annexed hereto as Exhibit E,"Daily Gazette Article." City of Saratoga Springs Planning Board March 4, 2021 Page 19 of 24 installed the use of this site almost certainly would have changed. Because there are no public utilities the viability of the site is limited. It appears from the record this limitation was intentionally imposed by decision-makers within the City Government. This is the only commercial site on Washington Street and West Avenue without available access to public utilities and despite the Applicant's best efforts, there is no discernable rational reason,why this is the case.8 On February 15, 2000, the City of Saratoga Springs passed Local Law 1 of 2000. This law established the terms and boundaries of the West Avenue Special Assessment District ("WASAD"). WASAD was established to make improvements, specifically, public utility upgrades,within the district. Minutes of the public hearing note this was a project, "in the making for seven years now [and] it was unusual in that every department in City Hall had been involved in the project" (emphasis added). Minutes of that hearing also reflect that last-minute changes were made to the boundaries of the district, although not substantial. "Tony Izzo, Assistant City Attorney, said there had been some minor modifications to the proposed local law since the previous meeting. He said the modifications included changes to the boundaries, definitions and credit. He said, though, those modifications were not substantive." 9 Before the law's passage, minutes of the City Council meeting held January 4, 2000, reflect the Council was focused particularly on who the property owners were that would benefit from WASAD and that this information was critical to setting the boundaries to the district. Mayor Kenneth Klotz, "said he wanted reasonable details on which properties would be enhanced and to what degree they would be enhanced, as well as information on the tax consequences and the benefits to both the City and the property owners." Commissioner Thomas McTygue, "said this would be a major benefit to the property owners in this area and careful consideration was needed." 10 Every city department involved in this process carefully determined the only commercial site in the district unworthy of any benefit, was 254 Washington Street, owned by a Vietnam s See annexed hereto as Exhibit F,"Letter dated August 18,2018,addressed to Kate Maynard—Principal Planner." 9 See annexed hereto as Exhibit G,"City Council Meeting,Tuesday,February 15,2000." 10 See annexed hereto as Exhibit H,"City Council Meeting,Tuesday,January 4,2000." City of Saratoga Springs Planning Board March 4, 2021 Page 20 of 24 Veteran. 11 A look at the public hearing notice shows the boundaries were modified between January 4, 2000, and February 15, 2000, to specifically exclude this site.12 Despite the changes,the district still called for improvements to be made across the street. Yet, regardless of the additional tax burden born by the members within this district, these improvements were never completed. Despite the lack of completion, the taxes associated with this site have more than doubled since 2000 without any corresponding benefit. Lastly, despite the approval of a 65-million-dollar private development project across the street, no public utility improvements were made, and from all appearances, the original intent of WASAD has been abandoned despite its funding by the taxpayers of Saratoga Springs. As a result of the City's black-balling of this site, its continued viability depends upon its continued association with the automotive industry. Before this undertaking, the Applicant was approached with alternative uses, but those uses were quickly dismissed after it became evident there was no available access to public utilities and any said change would require onerous costs and months if not years of waiting for approval. At this juncture, a denial of the right to use the property consistent with the uses presented would be not only unconscionable, but tantamount to a regulatory taking without just compensation. Not only is the site suitable for these uses, arguably, given its history,proximity to the highway, and layout and characteristics, it is an ideal location. It is located at the far stretches of the City and on the West Side,which is quickly becoming associated with affordable and low- income multi-family housing. Some have even suggested this trend reflects a form of modern segregation. 13 Nevertheless,many of the newly arriving families to this area comprise or reflect a core demographic,which the pre-owned automobile market caters to, bringing within reach, a person's dreams of owning an affordable automobile. Market data suggests the demand for pre- owned automobiles during the pandemic has never been greater. 14 Between the Intrada project,Allen Drive and the Allendale project,the Tait Lane Reserve project, the Station Lane Apartments (Askew)project, the Promenade project, and still " It is worth noting that the city planning board and council were accused of discriminatory practices in the past. See, e.g.,Anderson Group,LLC v. City of Saratoga Springs, 557 F. Supp. 2d 332,345 (N.D.N.Y. 2008) ("The individual claims against the board defendants must survive in the context of their treatment of the plaintiffs' application for a special use permit"). 12 See annexed hereto as Exhibit I,"Letter dated February 8,2000,to Property Owners in the West Avenue Corridor." 13 See annexed hereto as Exhibit J,"Saratoga County residents fear they will drown in development,"dated September 30,2018." 14 See annexed hereto as Exhibit K,"Looking to Buy a Used Car in the Pandemic? So is Everyone Else,"dated September 7,2020. City of Saratoga Springs Planning Board March 4, 2021 Page 21 of 24 others unknown, there is or will be the construction of an estimated 500 —700 new affordable or low-income"workforce" housing units over the next 3 years within a 1.5-mile radius of this site. With little or no recreational, playground, or park space, mandated or associated with these projects, the anticipated low-income and minority families will likely require an automobile to travel and participate in recreational activities. The children of these families will grow up without backyards, without public parks within walking distance, and without a real means to partake in traditional recreational activities without an affordable source of mobile transportation. This site and its associated use will be critical to meeting the needs of these families and will have a positive impact on their quality of life. Waiver of Formal Site Plan Review Other than for the fact this site falls within a zone that does not acknowledge any as of right use, and therefore, requires both a special use permit and a site plan, Site Plan Review would not otherwise be applicable.Normally, Site Plan Review is conducted only for the following actions,none of which apply here: 2) To construct, modem or demolish any structure other than a single-family or two- family residence and associated residential accessory structures in any district (emphasis added); 3) To implement a use variance except for 1 or 2 family structures; and/or 4) To amend a prior site plan approval. There are also exemptions from Site Plan Review,if: 1) The action does not result in an increase in the required number parking spaces as set forth in Article 6.2; and 2) The action does not alter, either individually or in combination, the impermeable or building coverage by more than 2% or 1,200 s.f., whichever is less, from the most recent, approved site plan. Arguably, nothing substantial has changed here, and the exemptions ought to apply, but this board may also waive site plan review as a condition of a special use permit if it determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special use permit process. City of Saratoga Springs Planning Board March 4, 2021 Page 22 of 24 Here, as illustrated above and as provided herein, the sketches and site plans include all or nearly all of the considerations normally accompanying a new development site.15 It is obvious the Ordinance contemplates new construction and development in that"[f]ollowing final site plan approval, a pre-construction conference shall be held," followed by "Construction Notifications," followed by "Post-Construction Completion." 7.2 SITE PLAID REVIEW 7.2.1 INTENT AND DELEGATION TO PLANNING BOARD The City finds that a safe,well-planned and attractive natural and man-made environment is essential to the economic health of the community and to the general safety and welfare of its residents. Therefore,the intent of this Article is to set forth the process by which to review the site characteristics to ensure consistency with the goals and objectives of the City's Comprehensive Plan and to regulate the preservation, conservation and efficient use of City resources. The Planning Board is hereby authorized to administer and carry out the intent established in this Article_ 7.2.2 APPLICABILITYAND EXEMPTIONS A_ Applicability Site Plan Review shall be conducted for the following actions: 1. Arty use so required by Article 2.2. 2. To construct modify or demolish any structure other than a single-family or two- family residence and associated residential accessory structures in any district. 3. To implement a use variance except for 1-or 2-family structures. 4_ To amend a prior site plan approval_ B. Exemptions An action otherwise requiring site plan review may be exempt if the following two conditions are met: 1. The action does not result in an increase in the required number of parking spaces as set forth in Article 6.2 and 2_ The action does not alter,either individually or in combination,the impermeable or building coverage by more than 2%or 1200 sef.,whichever is less,from the most recent,approved site plan_ Neither of these exemptions shall permit the alteration of any specific conditions of prior site plan approvals without Planning Board approval. 7.2.3 SPECIAL USE PERMIT AND SITE PLAN REVIEW A. Review The Planning Board shall conduct site plan review independently or in conjunction with special use permit as required by Article 2.2. Such review may occur concurrent with or subsequent to special use permit review.Separate applications and application fees are required for each review_ B. Waiver The Planning Board may waive site plan review as a condition of a special use permit if the Planning Board determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special use permit process.. 15 In addition to this letter and accompanying information,included are several sketch renderings of the site,as well an updated survey,general site details,updated building,utility,and parking details,updated landscaping,screening, and lighting details as well as floor plans. City of Saratoga Springs Planning Board March 4, 2021 Page 23 of 24 7.2.16 CONSTRUCTION AND INSPECTIONS A. Pre-construction Conference Following final site plan approval,a pre-construction conference shall be held with the City Engineer and relevant Departmental staff to discuss construction schedules, process and inspections. B. Construction Notifications The owner or designated representative shall notify the City Engineer 48 hours prior to commencing any work and prior to resuming work if the contractor is absent from the site for more than 7 days. In addition,the City Engineer shall be notified prior to any of the following construction activities: 1. Site clearing 2_ Sanitary sewer installation 3. Storm sewer installation 4. Waterline installation 5. Sub-grade preparation 6. Gravel installation 7. Asphalt binder and wearing courses and curbing 8. Blasting 9. Any special construction Failure to notify the City Engineer of these activities prior to completion shall make the work subject to rejection,excavation and inspection at the applicant's expense. C. The City Engineer,or designee,shall inspect the required construction activity. The applicant shall be responsible for all inspection fees as established by the City Council. The inspection fees for the site plan shall not exceed 2%of the cost of the installation of the required improvements. If the City Engineer finds that the required improvements have not been constructed in accordance with approved plans and specifications,The City Engineer shall so report to the City Attorney,the Building Inspector and the Planning Board. The City Attorney shall then notify the applicant and, if necessary,the financial guarantor,and take all necessary steps to preserve the City's rights under the performance guarantee. D. The City Engineer shall have the authority to suspend work on any site if it is found to be in violation of the approved site plan or conducted in an unsafe or dangerous manner. All unauthorized activity shall be suspended until the stop work order has been rescinded. 1. The stop work order shall be in writing and shall state the conditions under which the activity may resume. 2. The stop work order shall be presented to the person performing the work and, if different,the property owner in person or by certified or registered mail, and may be placed upon a conspicuous portion of the building or premises in use. E. The City Engineer shall have the authority to direct or take immediate action to abate or remedy any hazard or imminent danger to the health, safety or general welfare of the public. Any documented costs incurred by such action shall be paid for by the owner of such property or person responsible. The City shall be authorized to institute a suit, if necessary,against the person liable for such expenses or to place a lien against the property in order to recover the said costs. 7.2.17 POST-CONSTRUTION COMPLETION Upon completion of all required improvements,the applicant shall submit proposed "as- built"drawings to the City Engineer for review and approval. Such"as-built"drawings shall meet the requirements established by the City Engineer and as indicated in Appendix B. City of Saratoga Springs Planning Board March 4, 2021 Page 24 of 24 Because this site is pre-existing and there is no new development or construction, exemption or waiver of formal site plan review is appropriate and a special use permit should be issued forthwith.16 Very truly yours, 1/44,44,4- William R. DiCenzo 's This commercial property has sat vacant for over 2 years and counting and the pandemic has only heightened the need for additional sales tax revenue for the County of Saratoga and the State of New York.