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HomeMy WebLinkAbout20220414 Chloe's Way Subdivision Modification Portion of mtg. mins. re. Chloe's Way NOTE: Clifford Van Wagner arrived at 7:23 P.M.and assumed his position on the Board. BACKGROUND: Special Use Permit was issued on April 27, 2017 by the Planning board. Many considerations made were desired to be carried into the site plan review for final consideration/details, cross access easement, stormwater management, buffer to adjacent properties and frontage. Mark Torpey, Chairman stated the Board is in receipt of Saratoga County Planning Board approval. No countywide or intercommunity impact noted. SEQRA: SEQRA Negative Declaration issued on December 6, 2016 by the Planning Board. Applicant: Matt Sames, owner Agent: Jamie Easton, MJ Engineering Mr. Easton stated we have previously discussed the site layout, lighting,stormwater management and septic considerations, buffering and landscaping. Tonight we are looking for site plan approval. Mark Torpey, Chairman stated we spoke about the applicant maintaining the stone wall which abuts the State Park. Screening to the south and the addition of some trees on the site being consistent with the urban forestry plan. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Jamin Totino,Vice Chairman, made a motion in the matter of the Pet Lodge, NYS Rte 9,that the site plan application be approved. Ruth Horton,Alternate,seconded the motion. Mark Torpey, Chairman asked if there were any further questions or comments. None heard. VOTE: Janet Casey, in favor; Jamin Totino, Vice Chairman, in favor; Bob Bristol, in favor; Ruth Horton,Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 6-0 3. 10.032.8 CHLOE'S WAY, Chloe's Way/East Broadway, Subdivision modification within the UR-2 District. Applicant: Peter Belmonte; Belmonte Builders; Homeowners of 9 Chloe's Way City of Saratoga Springs—Planning Board September 28,2017-Page 6 of 12 Mr. Belmonte stated this is a request for a modification to the approval received from the Planning Board sometime in December 2016-January 2017 time frame, regarding the no cut buffer in Phase I of Chloe's Way. In 2010 Steve Ethier owned the land and presented to this Board a project which was approved consisting of 31 single family detached homes on a street called Chloe's Way immediately off of Broadway backing up to the State Park land. As part of the approval there was a discussion regarding a SWPPP and the need for a SWPPP. Mr. Ethier did not file a complete SWPPP and the then City Engineer Mr. Male determined this was under the acreage requirements for a full SWPPP. All the land was classified as no cut land. In 2015 Mr. Ethier began the project, the roads went in and trees went down. We came in and purchased 10 lots in Phase I. In 2016 it was realized by the City Engineer that there was a violation and more trees were removed in Phase I and partially into Phase II. This was a violation to the no-cut buffer had taken place. Mr.Wales had issued a violation notice in response to the tree removal. We had many conversations with the Planning Department and City Engineer. That brought us to the December/January meeting. The Board had issued an approval to re-naturalize the lots in question equivalent to what disturbed. We worked with Planning to determine species of re-naturalization and the proper marking of that space. Since then we have performed that re-naturalization in 8 of the 10 lots in Phase I. As part of the requirement 4 of the lots in Phase II have to be done supposedly prior to tonight. Due to our planned request to return before the Board that re-naturalization of those 4 lots have yet to be done pending tonight's decision. In the period of time from December and January timeframe to in August when we were able to get signed copies of the plans from the City Engineer two of the homeowners have proceeded to landscape their yards, unbeknownst to them. Patios and landscaping were put in. These patios and landscaping are conceptually in violation of the area that was going to be naturalized. We have been working with the City Engineer and the homeowners to come up with a plan in place of asking those homeowners to rip out the beautiful job that they did. How can we rearrange the naturalized area around their home to maintain the same amount of naturalized area but not in the exact place it was originally intended. We were requested to return before the Board to modify the plans on Lots 7 and 9 and present a more friendly re-naturalized plan to prevent further violations. It is our proposal tonight per the City Engineer and the Planning Department that the rear 10 feet of the lots naturalized areas. It our proposal on these 75 ft. wide, and create 740 sq ft per lot in a crescent shape area on the sites in Phase I and four sites in Phase II. This is the same concept which has been approved. Permanent demarcation will be place on the back of the property identifying the no cut buffer as well as deed restriction placement. Mr. Belmonte provided a visual map of the site for the Boards review as well as the area of violation. Kate Maynard, Principal Planner stated she had received a telephone call from an official from the State Park inquiring what is transpiring on Joshua right now. They did express concern regarding the cutting on this site and the maintenance of the buffer on the side abutting the state park. This is something we are hearing from other property owners as well. Clifford Van Wagner stated he would like to see the City send a letter to Steve Ethier certified mail, return receipt requested reiterating the conditions placed on the subdivision. Kate Maynard, Principal Planner stated perhaps in this modification specific conditions for a no cut buffer can be reiterated as well as its location. Also,signage and physical marking of that area will be required. Mark Torpey, Chairman stated the buffer along the State Park is very important to maintain. Discussion ensued among the Board concerning how to ensure the no cut buffer remains and how to re-naturalize the areas affected as well prevent further clear cutting. Mark Torpey, Chairman asked if there were any questions or comment from the Board. None heard. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. City of Saratoga Springs—Planning Board September 28,2017-Page 7 of 12 Tony Casterona, 9 Chloe's Way. We closed on the property on January 23, 2017. This has been difficult. This has been our dream to come and live in Saratoga. We had no idea about no cut buffers. Very stressful situation for my wife and I. We are hoping to come to a resolution. Kate Maynard, Principal Planner stated there are deed restrictions. Jamin Totino,Vice Chairman stated this is not the homeowners issue. This is an issue which exists throughout the city. I am fine with the new configuration and it's a good plan. Janet Casey stated she also agrees with Jamin. Mark Torpey, Chairman asked if this can be a part of the modification. Justin Grassi,Attorney for the Land Use Board stated what we are dealing with is a subdivision modification. That would be permitted as long as the owner is part of the application process. The applicant would be both Mr. Belmonte and the owners of the subdivision properties. Mark Torpey, Chairman stated we are stating that the other co-owner will be notified that there are specific restrictions on the buffer which have been articulated which he needs to adhere to. Justin Grassi stated those restrictions are specifically for what is proposed this evening. Mr. Belmonte stated there are 10 lots in Phase I and 4 lots in Phase II which will be per this drawing as illustrated. There is 20 lots in Phase III, and the balance of Phase II. Deed restrictions of 25 feet in a straight line remains in effect until someone comes back to the Board and asks to consider modification. Mark Torpey, Chairman stated that is correct. Clifford Van Wagner made a motion in the matter of the Chloe's Way, East Broadway, Subdivision modification be approved. Ruth Horton,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; Bob Bristol, in favor; Ruth Horton,Alternate, in favor; Todd Fabozzi, in favor; Mark Torpey, Chairman, in favor MOTION PASSES: 7-0 8:02 P.M. The Board recessed. 8:09 P.M. The Board reconvened. 4. 17.036.1 MANEY MULTI-FAMILY, 18 Cherry Street and 38 Marvin Alley, consideration of SEQRA Lead Agency status and coordinated SEQRA Review for multi-family residences in the Urban Residential-4(UR-4) District City of Saratoga Springs—Planning Board September 28,2017-Page 8 of 12