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Home My WebLink About20230101 Sweet Mimi's Sidewalk Cafe ApplicationCITY OF SARATOGA SPRINGS DESIGN REVIEW BOARD CITY HALL – 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 Tel: 518-587-3550 x 2533 www.saratoga-springs.org APPLICATION FOR: ARCHITECTURAL / HISTORIC REVIEW [FOR OFFICE USE] (Application #) (Date received) (Project Title) Staff Review APPLICANT Name: Jeannette Liebers (Owner) Address: 47 Phila Street, Saratoga Springs, NY 12866 Phone: 518-871-1780 Email:jeannette.liebers@gmail.com Applicants interest in premises: Lessee OWNER Name: Peter Martin (47 Phila Inc. Corporation) Address: 47 Phila Street, Saratoga Springs, NY 12866 Phone: 518-583-0022 Email:sales@cafelena.com ATTORNEY/AGENT Name: Alisa Dalton Address: 112 Spring Street, Suite 307, Saratoga Springs, NY 12866 Phone: 518-587-9600 Email:alisa@thedaltonlawfirm.com PROPERTY INFORMATION Property Address/Location: 47 Phila Street, Saratoga Springs, NY 12866 Tax Parcel #: Current Zoning District: Summary description of proposed action: Full menu service for outdoor seating cafe during regular cage hours (Thursday-Monday, 8am-2pm). Located right in front of Sweet Mimi’s Cafe and Bakery as well as off to the side of the building, on the sides of Cafe Lena’s courtyard (out of the way to ensure there is still a clear, wide walkway for their guests and employees to get into their building). Dimensions of property frontage: The front of Sweet Mimi’s is 15 feet long. The length of the entire patio set up is approximately 35 feet long. Dimensions of building face to edge of curb: 14 feet Dimensions of proposed sidewalk cafe: Approximately 35 feet from one end of the restaurant to the last patio table which would be located right by the end of Solevo’s wall. The patio would be approximately 7 feet from the building face to the sidewalk which ensures pedestrians have ample space to still utilize the sidewalk. Materials and Furniture: -Three square tables (3’x3’) made of a dark metal base and a dark brown outdoor wooden table top. Four dark metal chairs will go at each of these tables. A dark blue umbrella will be put in the middle of each table, stabilized in dark metal umbrella bases. One table will go right out front of Sweet Mimi’s, one will go next to the wall connecting Sweet Mimi’s and Cafe Lena (in Cafe Lena’s Courtyard), and the last one will go next to the wall connecting Solevo and Cafe Lena. These three tables will be accompanied by four light brown poly hemp rope stanchions secured on metal bases. -One high-top table (1.5’x1.5’) made of a dark metal base and a lighter brown wooden table top. Two dark brown wicker chairs will go at this table. One umbrella will go next to this table (same as the other umbrellas). This will be placed right on the corner where Cafe Lena’s courtyard meets Solevo. -One dark brown wicker coffee cart (2.5’x1’) will go right next to the host stand. It is made of the same material as the chairs found at the high top table. Has a previous Sidewalk Cafe/Outdoor Dining DRB approval been granted? Yes. Dates: Summer-early fall 2020-2022. Request for extension of current approval Identify date of original DRC approval: Current expiration date: Org. App. No. Describe why this extension is necessary and whether any significant changes have occurred either on the site or in the neighborhood. SEQR Environmental Assessment Form Applicants proposing the following must complete “Part I” of the SEQR Short Environmental Assessment Form (available here: http://www.dec.ny.gov/docs/permits_ej_operations_pdf/seafpartone.pdf): - Construction or expansion of a multi-family residential structure (4 units +) - Construction or expansion (exceeding 4,000 sq. ft. gross floor area) of a principal or accessorynon-residential structure - Telecommunications facility, radio antennae, satellite dishes - Demolition Disclosure Does any City officer, employee or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? No Yes - If yes, a statement disclosing the name, residence, nature, and extent of this interest must be filed with this application. Certification I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before the Design Review Commission. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. I/we hereby authorize the members of the Design Review Commission and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this application. Furthermore, I/we agree to meet all requirements under Article VII for Historic Review or Article VIII for Architectural Review of the Zoning Code of the City of Saratoga Springs. (applicant signature) Jeannette Liebers (applicant signature) Jeannette Liebers Date: 02/22/2023 Date: 02/22/2023 If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Date: 02/22/2023 Jeannette Liebers Owner Signature: Date: CITY OF SARATOGA SPRINGS DESIGN REVIEW BOARD CITY HALL – 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 Tel: 518-587-3550 x 2533 www.saratoga-springs.org INSTRUCTIONS ARCHITECTURAL / HISTORIC REVIEW SIDEWALK CAFÉ and OUTDOOR DINING 1. ELIGIBILITY: An applicant to the Design Review Board for Architectural Review or Historic Review must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure that an application is complete. The DRB will only consider properly completed applications that contain 1 original and 1 digital version of the application and ALL other required materials as indicated on the application. HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!! 3. ACTIONS REQUIRING REVIEW: ALL sidewalk cafes and outdoor dining areas in the Architectural or Historic Review Districts are subject to review, regardless if on public or private property. Note: Ordinary maintenance or repair that does not involve a change in material, design, or out appearance is exempt from review. 4. DECISIONS: The Design Review Commission may approve, approve with conditions, or disapprove an application. The DRC may impose appropriate conditions and safeguards in connection with its approval including nature/quality of materials, manner of construction, and design. An applicant may appeal a denied DRC application on the grounds of hardship. Application approvals shall expire within 18 months of the filing date unless the project has sufficiently commenced (i.e. building/demolition permits obtained and construction/alteration begun). Applicants may request up to 2 extensions if requested before expiration date of prior approval. 5. AGENDA DATE: For 2023 ONLY – A special meeting to review Outdoor Dining applications only will be held on Wednesday, March 8, 2023. Any application not heard at this meeting will be placed on a subsequent regularly scheduled DRB agenda. Check City’s website (www.saratoga-springs.org) for meeting dates. Applications are placed on an agenda on first- come, first-served basis as determined by the completeness of the application. 6. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance”. 2023 Sidewalk Café and Outdoor Dining Fee - $150 City of Saratoga Springs Chapter 136-33 Article IVA- Application 04052022 4 City of Saratoga Springs Design Guidelines for Temporary Outdoor Dining LOCATION: Outdoor dining space should not obscure, damage or destroy the features of the building or the streetscape. Outdoor dining design elements should stand independently of the building facade. In the event that design elements cannot stand independently, any attachments to the facade should be made in such a manner that, if removed in the future, the building facade would not be irreparably damaged. MATERIALS: In designing outdoor space, the use of artificial materials, such as plastic and vinyl, are to be avoided at all costs. Natural materials, namely metal or wood are to be used instead. The materials and details should be similar to, or complement, the building itself. DEMARCATION: 1. Railings - If used for demarcation, railings should be made of metal (or natural wood) and should complement the building. 2. Sectional Fencing - Fabric Inserts, if used, should be framed out. Post and Stanchions may be used for demarcation. Solid sheet fencing is prohibited. 3. Planters - Potted plants and/or planters are encouraged. SCREENING: Potted plants and/or planters are encouraged. A green wall (lattice with plants growing through it), if used, should incorporate live plants. A square lattice pattern is preferred over a diagonal pattern. Plastic or artificial plantings and flowers are not acceptable. SKIRTING/LATTICE: In the event that an elevated platform or deck is necessary, it would require skirting to screen the space beneath the structure. If lattice is used for skirting it should be placed in a frame. A square lattice pattern is preferred over a diagonal pattern. The use of natural materials for lattice or skirting boards (wood) is encouraged. Vinyl and plastic are not acceptable and not in keeping with the City’s historic district design standards. FLOOR SURFACES/ FOOTING: Resurfacing is discouraged. Existing surfaces - pavement or grass - should be maintained and incorporated into your space. If resurfacing is unavoidable, new surfaces should be made of natural materials. Under no circumstances willsurfaces be constructed of carpeting, artificial turf, vinyl or plastic. TABLES AND CHAIRS: Tables and chairs must be constructed of durable materials and properly maintained. Metal is the preferred material and small tables are encouraged as they provide more layout flexibility. Plastic tables and picnic tables are not acceptable and not in keeping with the City’s historic design standards. UMBRELLAS: Umbrellas should be solid in color. Umbrellas must not contain or display any advertising except for the name and/or logo of the business. Umbrella color and design shall coordinate with the design of the building or business and be compatible with the sidewalk cafe furniture. BARRIERS: The cement barriers placed by the City are not to be decorated with paint other than brick red [e.g. Pantone #8C373E, RGB (140, 55, 62)] with grey/white lines simulating mortar and a traditional brick pattern. KEY POINTS: Natural materials (metal/wood) should always be used in the City’s Historic Districts. Plastic, vinyl, artificial plantings and artificial floor surfaces are not acceptable. CITY OF SARATOGA SPRINGS CHAPTER 136 Temporary Outdoor Dining Area Permit Please note that you must have a valid Chapter 136 License to apply for this program. Request for Outdoor Dining Area Use: Property PRIVATE __X___ or PUBLIC ____Application RENEWAL _____ or NEW _____ Location requested 47 Phila Street, Saratoga Springs, NY 12866 Current Chapter 136 ______________________________Expiration Date_____________________ Current SLA License Number: ______________________ Expiration Date____________________ 1.Name of Business: Sweet Mimi’s Cafe and Bakery _______________________________________________________________________________________ __2.Business Physical Address: 47 Phila Street,Saratoga Springs, NY 12866 _______________________________________________________________________________________ __3.Business Mailing Address: 47 Phila Street, Saratoga Springs, NY 12866 _______________________________________________________________________________________ __4.Business Web Address: sweetmimiscafe.com _______________________________________________________________________________________ __5.Business Phone: 518-871-1780 Emergency Cell Phone(s): 518-728-1573 (Jeannette/Owner), 518-506-7796 (Julia/Manager) 6.Applicant’s Name: Jeannette Liebers _______________________________________________________________________________________ __7.Applicant’s Home Address: 51 Tyler Drive, Saratoga Springs, NY 12866 _______________________________________________________________________________________ __8.Applicant’s Home Phone: 518-728-1573 Applicant’s Occupation: Owner 9.Applicant’s Email jeannette.liebers@gmail.com Additional Contact Email:juliarnolan@gmail.com 10.Owner of Property: 47 Phila Inc. Corporation (Peter Martin) _Property Owner ’s Phone 518-583-0022 11.Property Owner ’s Address: 47 Phila Street, Saratoga Springs, NY 12866 _______________________________________________________________________________________ __12.Describe, in detail, services to be provided and the use of the proposed extended City property or otherwise: Full menu service for outdoor seating cafe during regular cage hours (Thursday-Monday, 8am-2pm), ________________________________________________________________________________________ ________________________________________________________________________________________ 13.Describe, in detail, and submit an accurate drawing showing the location, dimensions, and barriers of the outdoor seating area requested, location of tables, seats, aisles, entrances and exits. Located right in front of Sweet Mimi’s Cafe and Bakery as well as off to the side of the building, on the sides of Cafe Lena’s courtyard (out of the way to ensure there is still a clear, wide walkway for their guests and employees to get into their building). Dimensions of property frontage: The front of Sweet Mimi’s is 15 feet long. The length of the entire patio set up is approximately 35 feet long. Dimensions of building face to edge of curb: 14 feet Dimensions of proposed sidewalk cafe: Approximately 35 feet from one end of the restaurant to the last patio table which would be located right by the end of Solevo’s wall. The patio would be approximately 7 feet from the building face to the sidewalk which ensures pedestrians have ample space to still utilize the sidewalk. Materials and Furniture: -Three square tables (3’x3’) made of a dark metal base and a dark brown outdoor wooden table top. Four dark metal chairs will go at each of these tables. A dark blue umbrella will be put in the middle of each table, stabilized in dark metal umbrella bases. One table will go right out front of Sweet Mimi’s, one will go next to the wall connecting Sweet Mimi’s and Cafe Lena (in Cafe Lena’s Courtyard), and the last one will go next to the wall connecting Solevo and Cafe Lena. These three tables will be accompanied by four light brown poly hemp rope stanchions secured on metal bases. -One high-top table (1.5’x1.5’) made of a dark metal base and a lighter brown wooden table top. Two dark brown wicker chairs will go at this table. One umbrella will go next to this table (same as the other umbrellas). This will be placed right on the corner where Cafe Lena’s courtyard meets Solevo. -One dark brown wicker coffee cart (2.5’x1’) will go right next to the host stand. It is made of the same material as the chairs found at the high top table. _______________________________________________________________________________________ __ _________________________________________________________________________________________ 16.Describe and attach in detail the safety measures you will put into place regarding the use of the identified City property in accordance with the City’s “Supervision and Control Plan.” All tables are in their own individual spots, spread out enough to avoid any overcrowding as well as ensuring pedestrians have a clear and safe amount of space to use the sidewalk as usual. The stanchions will border each table which will deter people from invading their space. Each table is far enough away from crowds walking as well as other tables and have clear pathways to easily leave the table should there be any sort of emergency, as the stanchions only surround 1-2 sides of the tables. 17.Do you serve alcoholic beverages? Yes ___ No X__If yes, how many bars do you have (include main & satellite)? _____ City of Saratoga Springs Chapter 136-33 Article IVA- Application 04052022 1 Regulations: A. A temporary outdoor seating area permitted under this article shall be subject to the following regulations” B. The Permit Holder accepts the property for use as a temporary dining area as is, and shall maintain the area and keep it clear of debris and impediment. C. The permit holder shall clean up and dispose of all garbage and debris throughout the use of the allocated space and at the end of each business day. D. The permit holder shall immediately notify the City of any defects or deficiencies in the surface of the temporary outdoor seating area and adjacent curbs and walkways. E. Alcoholic beverages shall be served only during the hours allowed by the license for the eating and drinking establishment. F. All persons must vacate the temporary outdoor seating area no later than the close of business each evening. If so required by the terms of the permit, all furniture, barriers, utensils, and other materials and equipment used for the temporary outdoor seating area must be removed from the area or properly secured no later than the close of business each evening. G. No music from any source shall be played at any time. H. No Smoking shall be allowed at any time. Fee Schedule: Type of Property Fee Type Fee Amount Private Property Application $100 Public Property - Sidewalks Application and Use of Property $500 Public Property – Sidewalks and Barriers/Blocks Application, Use of Property, and Installation/Removal of Barriers/Blocks $1,000 The City of Saratoga Springs Insurance Requirements: 1.A Certificate of Insurance for Proof of commercial general liability insurance,including personal injury liability insurance,in the amount of One Million Dollars ($1,000,000)per occurrence and Two Million Dollars ($2,000,000)aggregate,naming the City of Saratoga Springs as an additional insured on a primary and non-contributory basis.The City of Saratoga Springs must be listed as the certificate holder with the physical address of Dept.of Accounts –Suite 14 474 Broadway,Saratoga Springs,NY 12866. 2.Proof of New York State statutory workers'compensation and employer's liability insurance for all employees, or a waiver of same as permitted by law.Proof of Disability/Family Leave insurance for all employees,or a waiver of same as permitted by law. 3.A Certificate of Insurance for Liquor Legal Liability Insurance in the amount of One Million Dollars ($1,000,000)bodily injury and property damage per each occurrence must be submitted with this application. Such insurance must contain a provision that the Commissioner of Accounts be notified if the policy is cancelled or if there has been a material change in coverage and/or conditions..The City of Saratoga Springs shall be included as additional insured,and listed as the Certificate Holder with the physical addre s s of City of Saratoga Springs Dept.of Accounts –Suite 14 474 Broadway,Saratoga Springs, NY 12866. City of Saratoga Springs Chapter 136-33 Article IVA- Application 04052022 2 The Certificate naming the City of Saratoga Springs as Additional Insured solely for the issuance of permit(s)should be addressed to the attention of: Department of Accounts –Suite 14 City of Saratoga Springs 474 Broadway Saratoga Springs, NY 12866 Attention: City Clerk’s Office The Licensee acknowledges that failure to obtain such insurance on behalf of the municipality constitutes a material breach of contract and subjects Permit Holder to liability for damages,indemnification and all other legal remedies available to the City.The Permit Holder is to provide the City with a Certificate of Insurance naming the City as Additional Insured on a Primary and Non-contributory Basis prior to the issuance of this temporary permit.The failure to object to the contents of the Certificate of Insurance or the absence of it shall not be deemed a waiver of any and all rights held by the municipality. The Licensee shall indemnify and save harmless the City of Saratoga Springs,its Agents and Employees (hereinafter referred to as “City”),from and against all claims,damages,losses and expenses (including,but not limited to,attorneys’fees),arising out of or resulting from the licensed activity,sustained by any person or persons,provided that any such claim,damage,loss or expense is attributable to bodily injury,sickness,disease, or death,or to injury to or destruction of property caused by the tortious act or negligent act or omission of Permit Holder or its employees,its agents or subcontractors.Furthermore,the Permit Holder agrees to the terms and conditions of this temporary permit and agrees to abide by the regulations set forth therein. I, __Jeannette Liebers____________________________, agree to comply with all applicable state and local ordinances and/or law and agree to operate this business in total compliance of those laws and ordinances. Date __02/22/2023_____________________ Signature of Applicant ___Jeannette Liebers________________________________________ STATE OF NEW YORK ) ) ss: COUNTY OF SARATOGA ) On the __________day of ___________of 20____,before me,the undersigned,a Notary Public/Commissioner of Deeds in and for said State,personally appeared ______________________personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or persons upon behalf of which the individual(s) acted, executed the instrument. ________________________________ Notary Public/Commissioner of Deeds City of Saratoga Springs Chapter 136-33 Article IVA- Application 04052022 3 City of Saratoga Springs Design Guidelines for Temporary Outdoor Dining LOCATION: Outdoor dining space should not obscure,damage or destroy the features of the building or the streetscape. Outdoor dining design elements should stand independently of the building facade.In the event that design elements cannot stand independently,any attachments to the facade should be made in such a manner that,if removed in the future, the building facade would not be irreparably damaged. MATERIALS: In designing outdoor space,the use of artificial materials,such as plastic and vinyl,are to be avoided at all costs. Natural materials,namely metal or wood are to be used instead.The materials and details should be similar to, or complement, the building itself. DEMARCATION: 1.Railings - If used for demarcation, railings should be made of metal (or natural wood) and should complement the building. 2.Sectional Fencing - Fabric Inserts, if used, should be framed out. Post and Stanchions may be used for demarcation. Solid sheet fencing is prohibited. 3.Planters - Potted plants and/or planters are encouraged. SCREENING: Potted plants and/or planters are encouraged. A green wall (lattice with plants growing through it), if used, should incorporate live plants. A square lattice pattern is preferred over a diagonal pattern.Plastic or artificial plantings and flowers are not acceptable. SKIRTING/LATTICE: In the event that an elevated platform or deck is necessary,it would require skirting to screen the space beneath the structure.If lattice is used for skirting it should be placed in a frame.A square lattice pattern is preferred over a diagonal pattern.The use of natural materials for lattice or skirting boards (wood)is encouraged.Vinyl and plastic are not acceptable and not in keeping with the City’s historic district design standards. FLOOR SURFACES/ FOOTING: Resurfacing is discouraged. Existing surfaces - pavement or grass - should be maintained and incorporated into your space. If resurfacing is unavoidable, new surfaces should be made of natural materials.Under no circumstances willsurfaces be constructed of carpeting, artificial turf, vinyl or plastic. TABLES AND CHAIRS: Tables and chairs must be constructed of durable materials and properly maintained.Metal is the preferred material and small tables are encouraged as they provide more layout flexibility. Plastic tables and picnic tables are not acceptable and not in keeping with the City’s historic design standards. UMBRELLAS: Umbrellas should be solid in color.Umbrellas must not contain or display any advertising except for the name and/or logo of the business.Umbrella color and design shall coordinate with the design of the building or business and be compatible with the sidewalk cafe furniture. BARRIERS: The cement barriers placed by the City are not to be decorated with paint other than brick red [e.g. Pantone #8C373E, RGB (140, 55, 62)] with grey/white lines simulating mortar and a traditional brick pattern. KEY POINTS: Natural materials (metal/wood) should always be used in the City’s Historic Districts. Plastic, vinyl, artificial plantings and artificial floor surfaces are not acceptable. City of Saratoga Springs Chapter 136-33 Article IVA- Application 04052022 4