HomeMy WebLinkAbout20220172 74 Mitchell SUP PB mins. � PLANNIN B ARD
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CALL TO ORDER: Ruth Horton,Acting Chair, called the meeting to order at 6:00 P.M.
SALUTE TO THE FLAG:
PRESENT: Ruth Horton; Todd Fabozzi; Kerry Mayo;AI Dal Pos; Chris Pipia,Alternate
ABSENT: Mark Torpey, Chair; Sara Boivin,Vice Chair
STAFF: Susan Barden, Principal Planner, City of Saratoga Springs
Vince DeLeonardis, City Attorney
ANNOUNCEMENT OF RECORDING OF PROCEEDING:
The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a
verbatim record of the proceedings,the minutes are not a word-for-word transcript of the recording.
A. APPROVAL OF MEETING MINUTES:
Approval of ineeting minutes was deferred to the end of the meeting.
B. POSSIBLE CONSENT AGENDA ITEMS:
NOTE: The intent of a consent agenda is to identify any application that is"approvable"without need
for further evaluation or discussion. If anyone wished to further discuss any proposed consent agenda
item, then that item would be pulled from the"consent agenda"and dealt with individually.
1. #20210928 DEVALL 59 FRANKLIN STREET SUBDIVISION EXTENSION, 59 Franklin Street,
extension of a previously approved two lot subdivision in the Urban Residential-4 (UR-4) District.
Ruth Horton,Acting Chair, stated this is a two-lot subdivision previously approved on March 11, 2021.The applicant has
request an extension of this approval.The approval extension is for an additional 90 days, and the new expiration date
would be January 1, 2022.
Agent: Matt Brobston, LA Group
Mr. Brobston stated the final plans have been submitted but have not gone through internal review and approval prior to
the signature of the Chair. There are small final issues to be corrected. The Letter of Credit has been submitted.
This would be a simple extension.
Todd Fabozzi made a motion it the matter of the application of the DeVall 59 Franklin Street Subdivision Extension, 59
Franklin Street that the application be approved as submitted. Kerry Mayo seconded the motion.
Ruth Horton,Acting Chair, asked if there was any further discussion. None heard.
VOTE:
the property.The usage of the site has remained the same for years. They have been taxed for years for property that
has no public utilities. He is simply looking for something realistic and fair.
Mr. Zahlerstated the Board is familiarwith the site and permit criteria. The ordinance requires the Board to considerthe
six criteria.The Board is not required to provide for a sidewalk at this time considering the surrounding area and lack of
sidewalks currently. The economic viability of the site has been delayed and the hope is this one factor does not further
delay the operation of the business on this site.
Ruth Horton,Acting Chair, questioned staff as to what options the Board has available to them.
Susan Barden, Principal Planner stated the Board is considering the Special Use Permit forthe existing building and site
for Auto Sales, Services and office uses.There is also a pending application for Site Plan Review as well.You have
been reviewing those together as requested.
Ruth Horton,Acting Chair stated if the sentiment of this Board is that we are not ready to approve the Special Use Permit
and the Site Plan based on this one issue of the sidewalks.At the next meeting we can discuss and solidify the concerns
the Board has.The applicant still has the opportunity from now until then to rectify this matter.
Mr. Zahler stated another option of the Board would be to approve the Special Use Permit with a condition.
Todd Fabozzi stated he recommends that we continue with an internal discussion with the Board.We have heard from
the applicant, and we need to decide how to proceed.We are not only planning for how things are but how things are
going to be. Planning is also futuristic.
Mr. DiCenzo stated they are asking for a decision. He stated he is not going to update his plans and install an off-site
sidewalk. The Board is free to ask for a sidewalk but not compel.
Susan Barden, Principal Planner, stated you can close the public hearing and the Board has up to 62 days to render an
opinion and make a motion.
Ruth Horton,Acting Chair closed the public hearing at 7:28 P.M.
The Board recessed at 7:30 P.M.
The Board reconvened at 7:35 P.M.
4. #20210924 74 MITCHELL FINAL SUBDIVISION, 74 Mitchell Street, Final Plat Review of a proposed two
lot subdivision in the Urban Residential -3 (UR-3) District.
5. #20210923 74 MITCHELL SPECIAL USE PERMIT, 74 Mitchell Street, Special Use Permit for a
private/civic club in the Urban Residential-3 (UR-3).
Ruth Horton,Acting Chair stated this is a previously opened application. On July 24,2021,the Board considered sketch
plan review of a residential subdivision including the reconfiguration of existing lots resulting in eight lots in the Urban
Residential-3 (UR-3) District.We will review the subdivision application and the Special Use Permit application.
Applicant: Jay Hanley, Builder/Owner
Agent: Mike Ingersoll, Matt Brobston, LA Group; Justin Grassi,Attorney—Jones Stieves
Mr. Ingersoll stated they are still excited about the project and hope to move through the process.We will provide an
overview of the original project and where we are currently. Mr. Ingersoll stated correspondence dated October 21,
City of Saratoga Springs—Planning Board October 28,2021-Page 6 of 9
2021,was received today noted Saratoga County Planning Board has provided their discretionary approval for this
project.Also,today we met with staff and the actual site plan application was submitted to DPW.
Mr. Ingersoll provided a visual of the project site and parcels and the existing conditions which includes four lots on
Union Avenue and three lots on Mitchell Street. One amenity parcel which the applicant is looking to create a pool and a
small club cabana in the rearwould allow for more of the architecture to occur on the individual lots and presents a
unique experience to the future homeowners. Mr. Ingersoll provided a visual of the approved lot line adjustment plan as
well as the subdivision plan.Visual views of the amenity space were provided for the Board.A Special Use Permit would
be required for the private/civic club which is an open-air pavilion/cabana about 1,000 sq.ft. in size. Several iterations of
the concept being proposed and in this area was provided for the Boards review from different views as well as the ability
for residents to access the pool and residences via a common alley or pathway. Security fencing for the residents in the
area will be provided. Snyder Lane will remain a public access alley.There is no stormwater infrastructure in Snyder
Lane but what is being proposed with the civic space and landscaping would manage that issue. Mr. Ingersoll introduced
to the Board a new permeable pavement which is proposed for this area.A more appropriate approach to the track,
something more prominent would be a part of this project.These textured cobbles as shown in the rendering in the civic
space area or a type of walking space. Sidewalks will be installed on Mitchell Street and Union Avenue.
Justin Grassi stated they are before the Board this evening for a minor subdivision to create the HOA owned land and a
Special Use Permit limited to simply the private club, a social organization, not for profit operating and not rendering a
service which is a business. This includes the pool and cabana. Mr. Grassi reviewed the six criteria for a Special Use
Permit. The project is in harmony and promotes the general purposes and intent of the Comprehensive Plan.The private
club will provide a swimming pool forthe to be constructed household units. The homeowners will not have to maintain
swimming pools adjacentto their home. The club will provide a sense of community and social interaction forthe
residents. The pool will not impact the density or intensity of the neighborhood.
Sidewalks will be installed on Snyder Lane to provide access to the club from the homes. No need for onsite parking.
The pool will only be operational during the summer months.There will be no impacts on erosion,flooding, etc., HOA
rules will limit the use of the pool to hours like other pools in the area to minimize the impact of light and noise.
The economic viability of neighboring properties and districts will be unaffected by the HOA's operation of the private
club.The applicant is proposing two conditions of Special Use Permit Approval—the hours of operation for the pool and
cabana sunrise to 11:00 PM. Conveyance of an easement to the City of Saratoga Springs, acceptable to the City
Attorney for a civic feature on the corner of East Avenue and Union Avenue. This easement is currently before the City
Attorney for review and entails 0.3 acres.
Todd Fabozzi questioned the applicant agreeing to improve an offsite lot and will not come before the Planning Board for
future review since it is not part of the subdivision or site plan.
Justin Grassi,Attorney stated it is required to appear before the DRC for approval
Mr. Ingersoll stated the plan does not include the construction of a residence on this off-site lot. There is another plan for
this area. This idea is unique. Mr. Ingersoll provided a visual of the property in question,what the thought is for the area.
There are mechanisms in place for a site plan review forthe project proposed in this area.
Justin Grassi stated what they are requesting from the Board this evening is SEQRA Review, Subdivision Approval and
Site Plan Approval.
PUBLIC HEARING:
Ruth Horton,Acting Chair, stated the public hearing was opened and remains open.
Ruth Horton,Acting Chair asked if anyone in the audience wished to comment on this application. None heard.
Ruth Horton,Acting Chair, closed the public hearing at 8:13 P.M.
City of Saratoga Springs—Planning Board October 28,2021-Page 7 of 9
SEQRA REVIEW:
The Board reviewed Part I of the SEQRA Short Environmental Assessment Form submitted by the applicant. It is
accurate and correct.
The Board reviewed Part II of the SEQRA Short Environmental Assessment Form.
SEQRA DECISION:
Todd Fabozzi stated based upon the information provided by the applicant in Part I of the SEQRA Short Environmental
Assessment Form, and analysis of the information provided and presented in Part II of the SEQRA Short Environmental
Assessment Form, I make a motion for a SEQRA 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. AI Dal Pos
seconded the motion.
Ruth Horton,Acting Chair asked if there was any further discussion. None heard.
VOTE:
Ruth Horton,Acting Chair, in favor;AI Dal Pos, in favor; Todd Fabozzi, in favor; Kerry Mayo, in favor; Chris Pipia,
Alternate, in favor
MOTION PASSES: 5-0
Ruth Horton,Acting Chair stated moving on to the Subdivision Approval.The only concern regarding the proposal which
will be discussed further at Site Plan Review are the safety and security issues regarding the pool.
Justin Grassi,Attorney stated the HOA will be reviewed and approved by the Attorney General. There will be a
declaration of Covenance and restrictions and regulation underwhich those residents would abide by.All owners will be
notified with any property purchase. Mr. Grassi stated they have self imposed time restrictions for the pool. There are
city-imposed noise restrictions enforced by code enforcement which will offer two layers of protection the individual and
the HOA.
Discussion ensued regarding the period for the pool and cabana usage and the city's noise ordinance.
Kerry Mayo made a motion in the matter of the application of the Mitchell Final Subdivision, 74 Mitchell Street,to
approve the proposed two lot subdivision.AI DalPos seconded the motion.
Ruth Horton,Acting Chair, asked if there was any further discussion. None heard.
VOTE:
Ruth Horton,Acting Chair, in favor;AI Dal Pos, in favor; Todd Fabozzi, in favor; Kerry Mayo, in favor; Chris Pipia,
Alternate, in favor
MOTION PASSES: 5-0
Ruth Horton,Acting Chair, stated we can now move onto Special Use Permit. The Acting Chair noted she has the same
concerns as noted in the subdivision the safety and security issues regarding the pool.
Susan Barden, Principal Planner noted there were concerns noted by Traffic and DPW as well for a request for
additional information which was submitted today. These plans when finalized are to be to the satisfaction of DPW.
City of Saratoga Springs—Planning Board October 28,2021-Page 8 of 9
Mr. Ingersoll stated these issues will be finalized and presented at Site Plan Review.
Todd Fabozzi made a motion in the matter of the Mitchell Special Use Permit, 74 Mitchell Street, to approval the Special
Use Permit for the private club/cabana with the following conditions: Concerns regarding safety and security for the pool
area; provide if needed modifications to the Snyder Lane Plan to conform with DPW and DPS comments; Hours of
Operation for the Pool; Conveyance of an easement to the City; acceptable to the City Attorney for a civic feature at the
corner of East Avenue and Union Avenue. Site Plan Review is also required.The private club and amenity use are for
the exclusive use of residents and their guests. The proposed civic space to be no smaller than .03 acres.Appropriate
documentation to show the amenity lot will be owned in common by all the homeowners to be noted on the subdivision
plat.Appropriate letter of credit to be submitted.All plans to the satisfaction of the City Engineer. Seconded by AI
DalPos.
Ruth Horton,Acting Chair asked if there was any further discussion. None heard.
VOTE:
Ruth Horton,Acting Chair, in favor;AI Dal Pos, in favor; Todd Fabozzi, in favor; Kerry Mayo, in favor; Chris Pipia,
Alternate, in favor
MOTION PASSES: 5-0
APPROVAL OF MEETING MINUTES:
Approval of Meeting Minutes was deferred to the November 18, 2021, meeting.
UPCOMING MEETINGS:
Planning Board Workshop, Thursday, November 15,2021, at 5:00 P.M.
Planning Board Meeting, Thursday, November 18, 2021, at 6:00 PM.
MOTION TO ADJOURN:
There being no further business to discuss Ruth Horton,Acting Chair adjourned the meeting at 8:25 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
Approved: November 18,2021
City of Saratoga Springs—Planning Board October 28,2021-Page 9 of 9