HomeMy WebLinkAbout20181052 2018.107 Regatta View Phase 3_Jones Corr_5-14-18JONES
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By
May 14, 2018
Mark Torpey, Chairman
Saratoga Springs Planning Board
Saratoga Springs City Hall
474 Broadway
Saratoga Springs, New York 12866
Re: Regatta View Area B Phase III
Dear Chairman Torpey:
We are pleased to submit the following materials to the Planning Board in furtherance of
the above entitled application:
1. Concept Plan last revised May 9, 2018;
2. Regatta View Development Parameters; and
3. Conceptual images of units to be constructed.
Our application was most recently before the Planning Board on January 18, 2018.
During our presentation, we received valuable input from the Board on a variety of issues raised
by Planning Board Members, the staff, and the Applicant. Over the past several months, we have
studied those issues and formulated proposed solutions that are included in this package. We
would ask that the matter be scheduled at the next convenient date on the Planning Board's
calendar in order that the Board consider these responses.
As you will recall from our presentation, the most interesting challenge for the Board and
the Applicant was to design a site plan without the benefit of an Area and Bulk Schedule
governing this part of the Interlaken PUD. While Judge Crowell found our application to be
"zoning compliant" there are virtually no area/bulk restrictions applicable to this 6.79 -acre
parcel. Inasmuch as General City Law Section 20 and our own municipal laws confer the power
to enact such requirements solely on the City Council, we are relegated to other legal tools to
achieve the mutual interests of the Applicant and the Planning Board over the regulation of the
units to be constructed.
The solution we propose was outlined in broad terms during the January 18 meeting. It
involved the following elements:
68 West Avenue, P.O. Box 4400, Saratoga Springs, New York 12866
Phone (518) 587-0080 • Fax (518) 580-0857
info@saratogalaw.com • www.saratogalaw.com
V:IMAIN FILES`Belmonte - Interlaken PUD 1Correspondence1Torpey. Mark lir 05.09.18.docx
Mark Torpey, Chairman
Page 2 of 8
May 14, 2018
1. The creation of zones (referred to herein as "Areas") within which the maximum of
12 duplexes (24 units) can be constructed in the configuration generally depicted on
the attached drawing. The Areas would include a "Primary Building Area" within
which various unit types (depicted on the drawings) can be constructed. The
configuration would be determined solely by the Applicant.
2. To the rear of the Primary Building Area there will be a second Area that will allow
specified accessory structures. This "Accessory Use Area" will permit such items as
a deck, patio, screened -in porch, and other structures identified in the "Regatta View
Development Parameters" under the heading of "Unit Amenities."
3. The third Area ("No Construction Area") is located to the rear of the Accessory Use
Area and it will prohibit construction of any above -ground structure.
Enforcement of the restrictions will be achieved by means of a threefold approach. First,
the Declaration of Covenants and Restrictions to be filed by the to -be -formed HOA will limit
construction as defined above. Second, the HOA will execute an easement to the City of
Saratoga Springs so as to grant the City an enforceable property right allowing it to
independently enforce the restrictive covenants. Third, the restrictions would be be set forth, in
detail, on the approved site plan so as to authorize the City's Code Enforcement Officer to seek
redress under the City Code.
The mechanisms set forth above are designed to give both the HOA and the City
enforceable legal rights within the condominium project. This will give both the City and the
individual condominium owners (through the HOA) the legal tools needed to ensure compliance
with the proposed restrictions.
We have also attached our most recent iteration of the Regatta View Development
Parameters. The Applicant will urge that these Parameters become part of the approved plans
and, like the Concept Plan, incorporated into the Declaration of Covenants and Restrictions.
The Parameters provide some basic provisions for the development of the project while giving
the Applicant the needed flexibility to respond to the demands of the market place.
It would be our intention to review this revised Concept Plan as well as the Development
Parameters with the Board to ensure alignment on the procedure for enforcement of the needed
restrictions that will serve as a substitute for the Area and Bulk Schedule. We seek to work with
the Board to refine any responses to the agenda notes reviewed by the Board on January 18,
2018.
The following sets forth the relevant text of Ms. Maynard's original agenda notes,
followed by Applicant's response in bold.
V:IMAIN FILESIBelmonte - Interlaken PUD'.Correspondence,Torpey, Mark Itr 05.09.18.docx
Mark Torpey, Chairman
Page 3 of 8
May 14, 2018
Issues to Consider:
1. Lack of area requirements present in the PUD, need to establish within any site plan
approval. Application is for 24 (12 duplex) units in PUD without any underlying area
requirements. With no initial concrete zoning requirements all requirements need to be
created within any approval for initial construction and future reference. Recommend
this be treated to a conservation subdivision application.
Applicant Response: As noted above, the proposed site plan includes a series of
Development Parameters intended to establish requirements for development of the
proposed project. These Parameters, coupled with the limitations within the
Primary Building Area, Accessory Use Area, and No Construction Area provide the
needed development scope. Enforceability of the Parameters is provided in the
three -prong approach described above.
2. Traffic and Access Concern for cut through traffic (cutting intersection from Dyer
Switch/9P)?
Applicant Response: Cut through traffic will not be a concern; a cut through
the proposed project would involve a significantly more circuitous route with three
turning movements.
3. Street width of 28' meets local road standard for alternate parking. Signage needs to be
provided on plans in accordance with DPS requirements. What is proposed street name?
Applicant Response: The required signage has been illustrated on the revised
plan set. The proposed street name is Dartmouth Way.
4. Shared driveways have created 19 driveway points, reduced from 24. Private street
proposed?
Applicant Response: The proposed street will be privately owned and
maintained.
5. Driveway and footprints of homes across from proposed access on Regatta View as well
V:IMAIN FILESIBelmonte - Interlaken PUD Correspondence \Torpey, Mark ltr 05.09_ I fl.docx
Mark Torpey, Chairman
Page 4 of 8
May 14, 2018
as Dyer Switch need to be provided to understand if headlights / access management
issues present.
Applicant Response: Images of the proposed access points on Regatta View
Drive and Dyer Switch Road are provided below. As shown, the proposed access
point on Dyer Switch is located opposite an open field with no obvious impact to
adjoining properties.
The proposed access point on Regatta View Drive is located opposite a single
family residential home. The location of this access point was positioned to
maximize the distance from the existing boulevard entrance and minimize clearing
of existing vegetation. Various mitigation measures, including the potential use of
screening vegetation, have been reviewed with the adjoining homeowner at 6
Regatta View Drive and are currently under consideration.
Proposed northerly exit to Dyer Switch Road
V;IMAIN FILES1Belmonte - Interlaken PUDVCorrespondence.Torpey, Mark Itr 05.09.18.docx
Mark Torpey, Chairman
Page 5 of 8
May 14, 2018
Proposed southerly exit to Regatta View Drive
6. Pedestrian and bicyclist — Sidewalk connection should be provided on Regatta View
Drive frontage out to 9P proposed sidewalk.
Applicant Response: An existing sidewalk exists on the east side of Regatta
View Drive; the proposed internal sidewalk of the project will connect to the
existing Regatta View Drive sidewalk providing adequate pedestrian access. In
addition, there currently exists substantial landscaping on the west side of Regatta
View Drive that may be disturbed with the extension of a redundant sidewalk on the
west side of Regatta View Drive.
7. 9P 8' wide multi -use path- complete streets plan doesn't call directly for sidewalk
connection in this portion, called for signed, shared route for both bike and pedestrians.
BUT seen as potentially good connection between neighborhoods both sides of 9P, as
well as to reach Longfellows / Animal Hospital for example. Ability to site within
existing cleared area within DOT ROW, not cut additional trees and site on private
property?
Applicant Response: Locating the proposed pathway on DOT lands creates
V:1MAJN FILES Ilelmonte - Interlaken PUDCorrespandencelTorpey, Mark kr 05.09.18.docx
Mark Torpey, Chairman
Page 6 of 8
May 14, 2018
ownership concerns and potential design complications related to maintaining
drainage. The previously proposed path location extended immediately east of the
existing property line with no opportunity to move the trail west to avoid clearing
without locating the pathway on DOT lands. Additionally, due to the existing right
of way configuration and location of the existing entry sign and landscaping at
Regatta View Drive the previously proposed path location would negatively impact
the existing signage and / or result in additional vegetation removal in this location.
Given the negative impact of the proposed pathway related to existing vegetation
and landscape features and the lack of a planned sidewalk connection in this area
the proposed pathway has been removed from the site plan.
The project includes a proposed sidewalk along the internal street and a
sidewalk along the south side of Dyer Switch Road from the proposed project entry
to Route 9P. This network of internal and external sidewalks will provide ample
opportunities for pedestrian access between neighborhoods, to Longfellows and the
Animal Hospital without the need for an additional pathway along the western
boundary of the property.
Departmental Comments:
8. The Narrative should clearly state what the required fire flow is for these duplex units.
Please provide the results of the hydrant flow tests.
Applicant Response: The fire flow requirements have been included in the
Water Service Narrative. Based on our initial review of the project with you we do
not anticipate an issue related to pressure or flow for the project. The project will
include connections to existing water mains on Regatta View Drive and Dyer Switch
Road. Fire flow testing will be coordinated with the City Engineer's Office.
The following represent comments and questions from Members and staff at the January
18, 2018 Planning Board meeting.
SEQRA status:
Applicant Response: The SEQRA Negative Declaration of June 2, 1982 and
the Planning Board minutes of June 2, 1982 (page 3 thereof) reflect the SEQRA
analysis and determination for the Interlaken PUD. Copies of same have been
provided to the Planning Board's counsel and are on file with the Planning staff.
V:\MAIN FILESIBelmonte - Interlaken PUD1CorrespondencelTorpey, Mark ltr 05.09.18.docx
Mark Torpey, Chairman
Page 7 of 8
May 14, 2018
This 24 -unit single family residential project falls well below the overall scope of the
500 housing units for the entire PUD. The number of units currently constructed
within the PUD is considerably less than the 500 units studied.
Consistency with Comprehensive Plan:
Applicant Response: The project is consistent with the 2015 Comprehensive
Plan.
Responsibility for maintenance/plowing of road and sidewalk:
Applicant Response: The HOA will be responsible for both.
Dog Park:
Applicant Response: The dog park has been removed.
Footprints of proposed structures:
Applicant Response: Configurations of the units are depicted on the attached
Concept Plan.
Retention of mature trees and vegetation:
Applicant Response: The No Construction Area will prohibit the removal of
mature, healthy trees and it will provide for the vegetative buffer. A split rail fence
with appropriate signage will designate the area to ensure the mature trees remain
undisturbed during and following construction.
We look forward to the opportunity to discuss the foregoing with the Planning Board. It
would be the Applicant's intention to receive further input from Members at its next meeting,
then proceed to the preparation of fully engineered drawings for further review by the Planning
Board.
V:IMAIN FILES\Belmonte - Interlaken PUD`,Correspondence`Torpey, Mark Itr 05.09.18,docx
Mark Torpey, Chairman
Page 8 of 8
May 14, 2018
Thank you for your time and attention in this matter.
MJJ
cc: Peter Belmonte
Lindsey Belmonte
Travis Mitchell, P.E.
V:\MAIN FILES Belmonte - Interlaken PUD\CorrespondencelTorpey, Mark kr 05.09.18.docx