HomeMy WebLinkAbout20180226 18.013 Saratoga Pet Resort_BraymerCorr_9-19-18BRAYMER LAW, PLLC
PO Box 2369
Glens Falls NY 12801
(518) 882-3252
claudia@braymerlaw.com
September 19, 2018
Via e-mail only
Planning Board
City of Saratoga Springs
City Hall
474 Broadway
City Council Chambers
Saratoga Springs, NY 12866
Re: Proposed Commercial Kennel Facility
Special Use Permit application (Kaydeross Avenue West)
Dear Planning Board Members:
I represent the Stable Lane Community, which is comprised of individuals who reside
near the proposed facility to be located on Kaydeross Avenue West. As already communicated to
you by Attorney Mastropietro in his letter dated May 29, 2018, the Stable Lane Community is
opposed to the proposed project because it will adversely affect their properties and the character
of the community in their residential neighborhood. The residents of the Stable Lane
Community respectfully request that you deny the pending application for the proposed
commercial kennel facility.
The Commercial Kennel Facility is Not Permitted
in the Conservation Development District
The proposed facility would be located in the Conservation Development District
("CDD"). Pursuant to the City of Saratoga Springs Comprehensive Plan (p. 58), recently
updated in 2015, the CDD:
"designation allows for low density residential, outdoor recreation, agricultural, and other
rural uses utilizing land conservation methods such as clustering. Areas typically include
single-family lots and subdivisions, existing planned developments, farms, estates, and
natural areas. Commercial activities should be limited to those that support rural and
recreational uses and which protect valuable open space, protect natural resources and
maintain natural systems."
The proposed project is a commercial kennel operation that would include a 11,761
square foot building, 27 parking spaces, an on-site septic system, and stormwater management
facilities, such as infiltration basins, rain gardens, vegetated swales and detention basins. The
facility would "provide daily and long-term boarding for dogs and cats as well as bathing and
grooming services". Application Narrative p. 3.
The proposed project consists of a "modern kennel and day care facilities" (Application
Narrative p. 3); it is not a "low density residential, outdoor recreation, agricultural, [or] other
rural use utilizing land conservation methods such as clustering". Comprehensive Plan p. 58.
Additionally, the proposed project does not "support rural and recreational uses" and it destroys
rathers than protects open space, natural resources and natural systems. Comprehensive Plan p.
58. Therefore, the commercial kennel facility is not permitted in the CDD.
The Commercial Kennel Facility Does
Not Meet the Evaluation Criteria
It is your responsibility "to ensure that the proposed use will not adversely affect
surrounding properties and community character". Zoning Code § 7.1.3(A). As demonstrated in
the enclosed powerpoint prepared by the Stable Lane Community, the proposed commercial
kennel facility will "adversely affect surrounding properties and community character". Zoning
Code § 7.1.3. The commercial kennel facility at the proposed location fails the evaluation
criteria.
1. The proposed project is not consistent with the Comprehensive Plan. See pp. 1-2, above.
2. The density and intensity of the proposed project is not compatible with the
neighborhood and community character. Enclosed are photographs of the neighborhood,
demonstrating that the community character is rural with very low density and intensity
of use. The neighborhood and community character would be adversely impacted by the
proposed project.
3. The proposed project would bring heavy traffic to a narrow, two-lane road, that has a
sharp curve and low visibility. The increase in traffic that would result from a year round
commercial business such as the proposed project would adversely impact safe vehicular
travel.
4. The water main servicing this area is extremely fragile and would be adversely impacted
by the demands of this proposed project, which is "projected to use an average of 1,900
gallons per day of water" (Application Narrative, p. 3). For comparison, according to the
U.S. Geological Survey, the demand for a single family home of four people is
approximately 360 gallons per day of water.
5. The proposed site of the project and the neighboring lands are predominantly forested,
open space lands used for recreation. In addition to the State Lands, that are part of
Saratoga Spa State Park, which is directly across the road from the site, the Stable Lane
Community owns 40 acres that are protected as `forever wild" and used by the
community for outdoor recreation. Part of that land (Tax Map No. 191.-2-52) adjoins the
site of the proposed project. The application does not show any vegetative buffer on the
project site. The noise and intensity of activity from the proposed project, including dogs
barking and increased traffic, would adversely affect the State Land and the "forever
wild" lands owned by the Stable Lane Community.' Moreover, the project, including its
building, parking lot, and commercial on-site septic system, are barely 100' from the
edge of Kayaderosseras Creek, which contains protected trout habitat and is "subject to
flooding" (Application Narrative p. 4). Given the potential for the proposed project to
negatively impact the environmental and natural resources of the site and neighboring
lands, the project should not be permitted in this location.
6. The long-term vision for this area is for low density residential, outdoor recreation,
agricultural, and other rural uses. Allowing a commercial business such as the proposed
project to be located in this area compromises the long-term economic viability of the
neighboring properties, the district, and the proposed site of the project.
Conclusion
As the body that is "authorized to administer and carry out the intent" of the Zoning
Code, this Board must deny the pending Special Use Permit application because the proposed
project will "adversely affect surrounding properties and community character". Zoning Code
§§ 7.1.1; 7.1.3. As shown above, the facts support a denial by this Board because "the proposed
special use is not desirable at the particular location", and the application must be denied "due to
current conditions in the neighborhood". Matter of Steenrod v. Oneonta, 69 A.D.3d 1030 (3d
Dept. 2010).
Thank you for your consideration and careful deliberation in this matter.
Sincerely,
aat:
enc.
cc: Stable Lane Community
John Mastropietro, Esq.
a K. Braynier
' The application's representations that the project would have no adverse impacts from noise and traffic
are unsubstantiated. If this Board were to consider approval of the proposed project, nothing more than a
one-year special use permit for the first phase of the project should be permitted. This will allow the
applicant to prove that its representations are true, and it will allow the Planning Board and the public to
better evaluate and address the project's impacts at the conclusion of the first year.
PUBLIC RESPONSE SEPTEMBER 2018
SARATOGA PET RESORT
• EVALUATION FOR SPECIAL USE PERMITS: SIX POINT CRITERIA
• SEQR (SHOPT ENVIRONMENTAL ASSESSMENT FORM) : 20 POINTS
(8 ARE ADDRESSED HERE) �
EVALUATION FOR SPECIAL USE PERMITS: SIX POINT CRITERIA
> CRITERIA 1: CONSISTENCY WITH COMPREHENSIVE PLAN
• `SARATOGA SPRINGS OPEN SPACE' HAS NOT BEEN ADDRESSED WITH RESPECT TO THE CONSERVATION AND
PRESERVATION OF THE NY STATE PARK LOCATION ACROSS THE PROPOSED SITE FOR THE (KENNEL) PET RESORT.
• THE CONCERN FOR THE ARCHEOLOGICALLY SENSITIVE AREAS "UNIQUE TO SARATOGA SPRINGS" WAS
POINTED OUT BY A MEMBER OF THE PLANNING BOARD AT THE JUNE 7 MEETING, REQUESTING FURTHER SOIL
TESTING, HAS NOT YET BEEN ADDRESSED. MANY AREAS ARE ARCHEOLOGICAL ASSETS OF SARATOGA SPRINGS.
➢ CRITERIA 2: DENSITY AND COMPATIBILITY WITH NEIGHBORHOOD AND CHARACTER
• THE CURRENT PROPERTIES ON KAYDEROSS AVE. WEST ARE PRIVATE RESIDENTIAL HOMES AND NO EXISTING
BUSINESS OPERATES HERE. ADDITIONALLY, GROOMING SERVICES WILL BE OFFERED AT THE PET RESORT. THUS,
THE PET RESORT IS TOTALLY INCOMPATIBLE WITH THE MAKEUP OF THE EXISTING NEIGHBORHOOD.
• ADDITIONALLY, THE INEVITABLE NOISE THAT WILL BE GENERATED BY THE KENNEL ANIMALS IS TOTALLY
INCOMPATIBLE WITH THE CHARACTER OF THE NEIGHBORHOOD.
..r
EVALUATION FOR SPECIAL USE PERMITS: SIX POINT CRITERIA
> CRITERIA 3: SAFE AND EFFICIENT PEDESTRIAN AND VEHICULAR ACCESS
THIS MAJOR CONCERN WAS NOT ADDRESSED IN THE TRAFFIC STUDIES WITH RESPECT TO:
• "WORST CASE SCENARIO" IN TERMS OF DENSITY WOULD BE DURING THE TOURIST SEASON FROM JULY -
SEPTEMBER (SPAC, NYRA EVENTS), NOT THE LOWER DENSITY EVALUATED IN MID -MARCH. RESULTS WOULD
PREDICTABLY BE MUCH WORSE.
• THE UNSAFE DRIVING CONDITIONS DURING THE ICY WINTER CONDITIONS ON KAYDEROSS AVE. WEST,
ESPECIALLY ALONG THE SLOPED CURVY SECTIONS, DUE TO THE `PROHIBITED' USE OF SALT ON THE ROAD
ALONG THE STATE PARK LANDS ACROSS THE PROPOSED KENNEL SITE.
• THE RECOMMENDED `PRUNING OF TREES AND VEGETATION' ALONG THE DANGEROUS CURVED SECTIONS OF
KAYDEROSS WAS NOT ADDRESSED. OF CONCERN IS HOW THIS WOULD BE IMPLEMENTED AND MEET THE
CONSERVATION AREA AND NO CUT BUFFER POLICY ISSUED ON JULY 19, 2018, AND HOW TREE PRUNING
COULD BE UNDERTAKEN IN THE NY STATE PARKLAND ALONG THE ROAD.
• THE SHARP CURVE ON KAYDEROSS WEST, AND THE LEFT TURNS TO/FROM RT. 9 ARE EXTREMELY HAZARDOUS
WHEN COMBINED WITH ANY INCREASE IN TRAFFIC VOLUME.
3
EVALUATION FOR SPECIAL USE PERMITS: SIX POINT CRITERIA
> CRITERIA 4: EXISTING AND FUTURE DEMAND ON INFRASTRUCTURE, ETC.
• EXISTING WATER MAIN IS EXTREMELY FRAGILE AND NEEDS REPLACEMENT.
> CRITERIA 5: ENVIRONMENTAL AND NATURAL RESOURCES OF SITE/NEIGHBORING LANDS
• THE ENVIRONMENTAL CONCERNS ARE SHOWN IN THE NEXT SECTION REGARDING THE SEQR FORM.
> CRITERIA 6: LONG TERM ECONOMIC VIABILITY
• THE VALUE OF THE REAL ESTATE PROPERTY OF THE HOMES IN THE VICINITY OF THE PROJECT, MORE SPECIFICALLY
THOSE ON STABLE LANE, COULD DROP SIGNIFICANTLY; RESULTING IN A REDUCED TAX BASE FOR THE CITY OF
SARATOGA SPRINGS.
✓ A PETITION WAS SUBMITTED ON 9/13/18 TO THE MEMBERS OF THE PLANNING BOARD AND THE MAYOR.
• A COMPETING KENNEL IS UNDER CONSTRUCTION A MILE AWAY ON RT.9, WHICH WOULD LIKELY BE PREFERRED
FOR CONVENIENCE VS SARATOGA PET RESORT. THEREFORE, THE LONG TERM ECONOMIC VIABILITY OF THIS
PROJECT IS QUESTIONABLE.
4
"SEAR (SHORT ENVIRONMENTAL ASSESSMENT FORM) : 20 POINTS
4. LAND USE NEAR PROPOSED AREA (PARKLAND BOX SHOULD BE CHECKED):
THE KAYDEROSS CREEK IS A FRESH WATER WETLAND AND THE NY STATE PARK IS PARKLAND, BOTH NEAR THE PROPOSED SITE. BOX
SHOULD BE CHECKED TO ACKNOWLEDGE THE NY STATE PARK.
6. PROPOSED SITE IS NOT CONSISTENT WITH THE PREDOMINANT EXISTING BUILDINGS/LANDSCAPE
7. SITE LOCATED/ADJOINS STATE LISTED CRITICAL ENVIRONMENTAL AREA (YES BOX SHOULD BE CHECKED):
➢ PROPOSED SITE ADJOINS THE NY STATE PARK AND THE KAYDEROSS CREEK. BOTH ARE SUBJECT TO CONSERVATION AND
PRESERVATION.
➢ CREEK IS RECREATIONAL FOR FISHING, ETC. AREAS NORTH OF THE VILLAGE OF BALLSTON SPA ARE PROTECTED TROUT HABITAT.
➢ NO -CUT -BUFFER POLICY WHICH APPLIES TO THE TREES HINDERING SIGHT DISTANCES ON THE NY STATE PARK SIDE OF
KAYDEROSS AVE. WEST. HTTPS://WWW.SARATOGA-SPRINGS.ORG/DOCUMENTCENTER/VIEW/8525/CONSERVATION-AREA-
AND-NO-CUT-BUFFER-POLICY-ADOPTED-071918
8.a. POTENTIAL INCREASE IN TRAFFIC WILL BE GENERATED. (YES BOX SHOULD BE CHECKED)
➢ SEE EVALUATION FOR SPECIAL USE PERMIT CRITERIA #3 ABOVE
.J
_TSEQR (SHORT ENVIRONMENTAL ASSESSMENT FORM) : 20 POINTS
14. TYPICAL HABITAT TYPES (CHECK BOX FOR FOREST)
➢ TO ACKNOWLEDGE HABITAT FOR ANIMALS, SUCH AS DEER, FOX, CHIPMUNKS, BIRDS, ETC.
➢ CREEK IS RECREATIONAL FOR FISHING AND AREAS NORTH OF THE VILLAGE OF BALLSTON SPA ARE PROTECTED TROUT HABITAT.
16. PROJECT SITE IN THE 100 YR FLOOD PLAIN (YES BOX SHOULD BE CHECKED)
➢ THE SITE ITSELF IS "PRONE TO FLOODING", AS SHOWN IN THE APPLICANT'S SUPPORTING DOCUMENTS.
➢ FACILITY IS TO BE CONSTRUCTED WITHIN 100' OF A STATE AND FEDERALLY DESIGNATED WETLAND AS DETERMINED USING THE
NYS ENVIRONMENTAL RESOURCE MAPPER LINK: HTTP://WWW.DEC.NY.GOV/GIS/ERM/ AND ACCORDING TO THE SITE PLAN
SUBMITTED IN THEIR PROJECT APPLICATION. KAYADEROSSERAS CREEK IS FEDERALLY LISTED.
➢ ACCORDING TO THE DEC'S FRESHWATER WETLANDS PROGRAM LINK: HTTPS://WWW.DEC.NY.GOV/PERMITS/6275.HTML THIS
PROJECT WOULD BE CLASSIFIED AS A MAJOR PROJECT E.G. "NEW CONSTRUCTION OF A RESIDENCE, COMMERCIAL FACILITY,
INDUSTRIAL FACILITY OR ANY RELATED STRUCTURE IN A WETLAND OR WITHIN 100 FEET OF THE WETLANDS". THIS WOULD
REQUIRE A PERMIT FROM DEC (STATE WETLANDS), POSSIBLY FROM THE ARMY CORPS OF ENGINEERS (FEDERAL WETLANDS)
17. b. HOW WATER DISCHARGES AND RUNOFF FROM POINT OR NON -POINT SOURCES (YES BOX SHOULD BE CHECKED):
➢ ANY CONVEYANCE SYSTEM TO HANDLE THE STORM RUNOFF SHOULD BE DESCRIBED.
18. CONSTRUCTION TO HANDLE THE IMPOUNDMENT OF WATER AND LIQUID WASTE (YES BOX SHOULD BE CHECKED):
6
➢ THE CONSTRUCTION OF A SEPTIC SYSTEM AND ASSOCIATED LEACH FIELDS SHOULD BE DESCRIBED.
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