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Home My WebLink About20240128 9 Gridley Horshoe Inn SUP Ext ApplicationApplication for Special Use Permit Horseshoe Inn Bar and Grill 9 Gridley Street, Saratoga Springs, New York 12866 City of Saratoga Springs Planning Board February 29, 2024 Prepared Bruce D. Sneves, Esq. Jones Sieves Grassi LL P 68 West Avenue Saratoga Springs, New York 12866 (518)587-0080 Table of Contents Special Use Permit Application 2. Narrative to Special Use Permit Application HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!! fFOR OFFICE USEI CITY OF SARATOGA SPRINGS PLANNING BOARD CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 TEL:518-587-3550 X2533 www. Saratoga -springs. org APPLICATION FOR: SPECIAL USE PERMIT Property 9 Gridley Street Address/I_ncatinn- Tax Parcel #: 179.29-3-26 zoning (for example: 165.52-4-37) Proposed I Icc• Continuation of live outdoor entertainment. Type of Special Use Permit: Q Permanent ❑ Temporary ❑ (Application #) (pate received) (Project Title) Check if PH Required Staff Review Gateway Urban Commercial (GC-U) APPLICANT(S)* OWNER(S) (If not applicant) Name Horseshoe Inn, Inc. 9 Gridley Street LLC ❑ Modification ATTORNEY/AGENT Bruce D. Steves, Esq. Address P.O. Box 411, Glens Falls, NY 12801 P.O. Box 411, Glens Falls, NY 12801 68 West Ave, Sar. Spgs., NY 12866 Phone (518) 321-0300 (518) 321-0300 (518) 587-0080 Email hoertkorn13@yahoo.com hoertkorn13@yahoo.com bsteves@saratogalaw.com Identify primary contact person: ❑ Applicant ❑ Owner 8 Agent * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Has a previous application been filed with PB for this property? NO _ YES X If YES, include Application TYPE Special Use Permit and DATE: March 26, 2018 Please check the following to affirm information is included with submission. 0 Sketch Plan Attached: Applicant is encouraged to submit sketch plans showing features of the site and /or neighborhood and illustrate proposed use. ❑ Environmental Assessment Form: All applications must include a completed SEQR Short or Long Form. SEAR Forms can be completed at http:// www.dec-ny.govlp—e—rmits/6191.htm]. ❑ Water Service Connection Agreement- For all projects including new water connections to the City system, a copy of a signed water service connection fee agreement with the City Department of Public Works is required and MUST be submitted with this application. Revised 8/2022 City of Saratoga Springs p. 1 of 2 Application for Special Use Permit REQUIRED ITEMS: *4 hard copies (1 w/original signature), 1 digital PDF copy of ALL materials and Fee. Application Fee: Make checks payable to the "Commissioner of Finance'. REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Does any City officer, employee or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? YES_ NO X . If YES, a statement disclosing the m name, residence, nature and extent of this interest ust be filed with this application. I, the undersigned owner, leasee or purchaser under contract for the property, hereby request Special Use Permit approval by the Planning Board for the identified property above. I agree to meet all requirements under Article 13 of the Unified Development Ordinance of the City of Saratoga Springs. Furthermore, I hereby authori embers of the Planning Board and designated City staff to enter the property associated with this tipplication for purposes of conducting any necessary site inspections relating to this application. Applicant Signature: Date: Z� Z If applicant is not current w er, owne ist also n. Owner Signature: Date Z� Z Check City's website (www.saratoga-springs.org) for meeting dates. City of Saratoga Springs p. 2 of 2 Application for Special Use Permit NARRATIVE TO SPECIAL USE PERMIT APPLICATION HORSESHOE INN, INC. I. Background Horseshoe Inn, Inc. (the "Applicant") owns The Horseshoe Inn Bar & Grill located at 9 Gridley Street (the "Premises") on land owned by 9 Gridley Street LLC. By way of this application, the Applicant seeks to continue the long history of outdoor entertainment at the Premises, which has been in existence since the 1990's. Most recently, on May 17, 2018, the Planning Board granted the Applicant a 6-year renewable special use permit to provide outdoor entertainment (the "Existing SUP"). A copy of the (Revised) Notice of Decision dated May 22, 2018, issued in connection therewith is attached hereto and made a part hereof as Exhibit A. The Existing SUP states that "this special use permit for outdoor entertainment shall expire in 6 years on May 17, 2024, but upon application by the applicant it may be renewed by the Planning Board." The Applicant hereby seeks the renewal of the Existing SUP to allow for the continuation of outdoor entertainment at the Premises consistent with the terms and conditions contained in the Existing SUP with some minor adjustments to the site layout plan from that which was previously approved. As hereinafter described, the adjustments involve the rearrangement of certain temporary structures within the outdoor entertainment area, but do not impact the duration of the outdoor entertainment or any other aspect of the Existing SUP. II. Proposed Conditions A. Capacity for Outdoor Entertainment Since at least 2007, the special use permit issued for the Premises included a condition which states that "the outdoor entertainment with 44 seats shall be limited to six (6) days in addition to the days of the thoroughbred racing meet." While the Applicant has complied with the aforesaid condition, there was a desire on the part of the Fire Department and the Code Enforcement Office to clarify that while the maximum number of seats that can be used in connection with outdoor entertainment are 44, the total capacity of patrons is governed the New York State Fire Code. The Applicant agrees that additional clarity would be of benefit to all parties involved and thus proposes to modify this condition to state "the outdoor entertainment with 44 seats shall be limited to six (6) days in addition to the days of the thoroughbred racing meet, with the total capacity of patrons governed by the New York State Fire Code." B. Hours of Operation Historically, the hours of operation for outdoor entertainment have been restricted to between 4 PM and 10 PM Sunday through Thursday and between 4 PM and 11 PM on Friday and Saturday. The Applicant proposes carrying this condition forward from the Existing SUP. 1 C. Cooperation with Neighbors The SUP requires the Applicant to "continue to work with all adjacent residential properties to control and reduce any adverse impacts from this outdoor entertainment." As evidenced by the Petition in Support of Renewal of Special Use Permit executed by the owners/occupants of adjacent properties, any concerns that the neighbors may have had in connection with the Applicant's operation of outdoor entertainment at the Premises have been addressed to the neighbors' satisfaction. A copy of the foregoing Petition is attached hereto as Exhibit B. The neighbors further attest that the Applicant promptly closes down the outdoor entertainment when required by the terms of the Existing SUP. The Applicant employs security personnel numbering approximately twenty-five (25) individuals on Friday and Saturday nights during racing season and, with the consent of the neighbors, places security personnel in their yards to ensure there are no issues. The Applicant has worked cooperatively with the City of Saratoga Springs Police Department and, to the Applicant's knowledge, there have been no complaints made in connection with the operation of outdoor entertainment at The Horseshoe. D. Compliance with Noise Ordinance The Applicant is required to comply with the terms and conditions of the City's noise ordinance and the Applicant has fulfilled this condition as there haven't been any violations during the term of the Existing SUP. E. Layout Plan Attached hereto as Exhibit C is the proposed layout plan for the Premises (hereinafter, the "Proposed Plan"). The modifications to the layout of the outdoor entertainment area are as follows: (i) Reduction in the overall size of the bar area by foregoing the "L shaped" bar shown on the plan approved in connection with the Existing SUP in favor of (A) a bar along the northem-most portion of the outdoor entertainment area, (B) a small bar (20 ft. long) located closest to the parking lot on the Nelson Avenue -side and (c) a small (6 ft. by 8 ft.) bar located behind the stage area; (ii) Rearrangement of coolers in the area located to the north side of the restaurant building; (iii) Inclusion of additional portable restrooms along the northern property line; (iv) Relocation of the "Trailer with Smoker" as shown on the plan approved in connection with the Existing SUP which is now referred to as "Concession Stand" on the Proposed Plan due to the removal of the smoker therefrom; and (v) Replacement of large umbrellas on the Gridley Street side of the outdoor entertainment area with temporary pop-up tents. The updates made to the layout plan, which include a reduction in overall tented space and bar space, were implemented in order to ease congestion and improve the customer experience at The Horseshoe. The Applicant holds licenses and/or permits from the New York State Liquor Authority for each outdoor bar and temporary structure permits from the City of Saratoga Springs Department of Public Safety for each temporary structure (tent). A small bar is included behind the tented area in order to close off access behind the stage where performances take place. During shows, there was too much congestion behind the stage as performance equipment, speaker bags, ropes etc. cluttered the area. A small bar in this location eliminating ingress and egress behind the stage will serve to alleviate this safety issue. There are three (3) gates to enter/exit the outdoor entertainment area, one from the parking lot off Nelson Avenue, one on Gridley Street and one from the parking lot off Bowman Street. All gates will remain open while outdoor entertainment is being offered. F. Improvements on Nelson Avenue Frontage As a condition of the Existing SUP, the Applicant was to complete a sidewalk, two (2) streetlights, curbing and two (2) street trees along the Nelson Avenue frontage. The sidewalk and curbing have been completed at the Applicant's expense. The Applicant contacted the office of the former Commissioner of Public Works, the late Mr. Anthony Scirocco, regarding the installation of streetlights within the City's right-of-way and was advised that streetlights were not required due to the presence of existing "cobra lights" up and down Nelson Avenue. Prior to arranging for street trees to be planted in the City's right-of-way along Nelson Avenue, the Applicant contacted Steve Lashomb, the City Arborist. Mr. Lashomb advised the Applicant that street trees were not required due to the congestion and traffic in that location (adjacent to Saratoga Racecourse) on Nelson Avenue. G. Traffic Flow The Existing SUP contained certain conditions related to traffic flow. In compliance with the Existing SUP, the curb cut along Gridley Street is closed (barricaded) on nights when outdoor entertainment is presented. The Applicant has a total of four (4) security personnel dedicated to traffic control during outdoor entertainment. Taxi and rideshare drivers line up on Gridley Street beyond the barricade (off the street itself) to retrieve customers under the direction of security personnel. This configuration has worked well and has served to keep the roadway clear. Historically, the Applicant has simply closed the parking lot abutting Nelson Avenue during outdoor entertainment which has solved any potential traffic issues in this location. With that said, the Applicant will mark the pavement at the two access points to the Premises off Nelson Avenue with ingress and egress arrows. In recognition of the above, the Applicant requests that the Planning Board grant the renewal of the Existing SUP for the offering of outdoor entertainment at the Premises with the following conditions: (i) the outdoor entertainment with 44 seats shall be limited to six (6) days in addition to the days of the thoroughbred racing meet, with the total capacity of patrons governed by the New York State Fire Code. 3 (ii) the hours of operation for the outdoor entertainment shall be limited to between the hours of 4 PM and 10 PM Sunday through Thursday and between 4 PM and 11 PM Friday and Saturday. (iii) the Applicant shall continue to work with all adjacent residential properties to control and reduce any adverse impacts from this outdoor entertainment. (iv) The Applicant shall comply with all provisions of the City's noise ordinance. (v) The site shall be used in general conformance with the layout plan attached hereto. (vi) When outdoor entertainment is offered, (i) the curb cut on Gridley Street shall remain closed (barricaded) and (ii) the parking lot on Nelson Avenue shall be closed. III. Analysis of SUP Criteria The Applicant submits that the Planning Board's evaluation of the criteria contained in Section 13.4(E) of the Unified Development Ordinance should result in a grant of the application as set forth below. 1. The continued provision of outdoor entertainment at the Premises is consistent with the principles outlined in the Comprehensive Plan by promoting economic stability through the retention of an existing business and the employment opportunities associated therewith for bar staff and musicians. The location of the Premises, adjacent to the Saratoga Racecourse, is ideal for both tourists and residents alike who frequent The Horseshoe for live outdoor entertainment after leaving the Racecourse during the summer season. 2. Public health, safety and welfare will not be endangered by the continuation of outdoor entertainment at the Premises as evidenced by the Applicant's demonstrated track record of compliance with the City's noise ordinance, the absence of neighbor or police complaints and the conditions of the Special Use Permit which sufficiently limit the duration of the outdoor entertainment to 11 PM, at the latest. The Applicant has provided and will continue to provide appropriate security and sanitation facilities at the Premises. 3. Outdoor entertainment at the Premises is compatible with the neighboring Saratoga Racecourse as a means to allow patrons the ability to remain outside in a fun -filled atmosphere following the conclusion of racing. The limitation allowing outdoor entertainment only during racing season (plus 6 additional days) ensures that this compatibility will be maintained. The adjustments made by the Applicant to the layout plan serve to reduce the amount of tented space and bar space, thus decreasing the intensity of the use from what is allowed under the Existing SUP. 4. The Applicant has taken measures to ensure that both Nelson Avenue and Gridley Street remain unobstructed to vehicle traffic while outdoor entertainment is being offered at the Premises. Continued compliance with the conditions of the special use permit will satisfy any concerns that may exist regarding pedestrian and vehicular access, circulation and parking. 4 5. Since the Horseshoe has been hosting live entertainment for several years in accordance with the Existing SUP, the continuation of live entertainment under the same constraints will not create any further demand on infrastructure, public utilities or services. 6. Since the Applicant will be required to comply with the City's noise ordinance as a condition of the special use permit, the noise generated from outdoor entertainment will not be excessive. Excessive light or vibration resulting from live entertainment have not been a concern in the past and any impact is reduced by the time limitations contained within the special use permit. IV. Relief Requested The Applicant respectfully requests that the Planning Board grant a renewal of the Existing SUP so that the Applicant can continue to provide live outdoor entertainment at The Horseshoe in accordance with the proposed conditions specified herein. Respectfully Submitted, race D.Steves Jones Steves Grassi LLP 68 West Avenue — PO Box 4400 Saratoga Springs, New York 12866 Tel: (518) 587-0080 EXHIBIT A (Revised) Notice of Decision dated May 22, 2018 (Attached Separately) CITY OF SARATOGA SPRINGS s. �L PLANNING BOARD City Hall - 474 Broadway Saratoga Springs, New York 12866 Tel: 518-587-3550 fax: 518-580-9480 aBCROR<TED `9�y www.saratoga-springs.org (REVISED) NOTICE OF DECISION In the matter of the site plan application #07.048.3 of: Horseshoe Inn Bar and Grill 9 Gridley Street Saratoga Springs, NY 12866 MARK TORPEY, Chair JAMIN TOTINO, Vice Chair ROBERT F. BRISTOL CLIFFORD VAN WAGNER JANET CASEY TODD FABOZ71 RUTH HORTON AMY RYAN, Alternate JUL 0 2 2018 "COOU TSDEPiR•MEt4r Involving the premises at 9 Gridley Street, Parcel ID#179.29-3-26 in the City of Saratoga Springs, on an application for a permanent special use permit for outdoor entertainment in a Tourist Related Business (TRB) District with the Planning Board who met on May 17, 2018 and made the following decision by a 7-0 vote (In favor: Torpey, Totino, Casey, Bristol, Fabozzi, Horton, Ryan): ■ Classified project as a Type II action under SEQR requiring no further review. ■ Approved a renewable special use permit for outdoor entertainment as per the requirements set forth in Article VI — Special Use Permit of the City of Saratoga Springs Zoning Ordinance with the following conditions: • The outdoor entertainment with 44 seats shall be limited to six (6) days in addition to the days of the thoroughbred racing meet. • The hours of operation for the outdoor entertainment shall be limited to between the hours of 4 PM and 10 PM Sunday through Thursday and between 4 PM and 11 PM Friday and Saturday. • The applicant shall continue to work with all adjacent residential properties to control and reduce any adverse impacts from this outdoor entertainment. • The applicant shall comply with all provisions of the City's noise ordinance. ■ The site shall be used in general conformance with the sketch plan attached as "Exhibit All until October 31, 2018. Thereafter, prior to the Applicant again operating live entertainment, the configuration of the site shall be amended in accordance with the plan attached as "Exhibit B." • Improvements including sidewalk, 2 streetlights, curb and street trees along the Nelson Avenue frontage shall be completed by the applicant prior to June 1, 2019. • Curbeut along Gridley Street shall be closed, two access points on Nelson Avenue shall be clearly marked with one-way ingress and egress signage. • A total of (2) trees or landscaping shall be added along the Nelson Avenue frontage. • This special use permit for outdoor entertainment shall expire in 6 years on May 17, 2024, but upon application by the applicant it may be renewed by the Planning Board. �/% �O 9__11 ,May 22, 2018 "� 4 / / Date Chair cc: Bldg Inspector; City Engineer; Accounts; Bruce Steves, Agent;, Applicant; File EXHIBIT A O 6 EXHIBIT B } �YMre. a pig r gym.. �. I y`t•M�w��' ti%t •:3a1 �'� ®I^(Xi-�"`•e��. �.na3;:. ' uero b. an anrw _. a .ry � AuP A. Y� i0 )PL Wa1Vn . LIL mN.a semw 1o, saw nP Pr/ermxa: wWnM tL L40� . a wxa aq 9. L. NWIDem Y.bJ)u. nu r. nyLrn. W.exa a m,n n w. wa. a nerx f fir-y's v e-, Du s eh Steve$ aw_,=, Daniel Drellos `s-1 Land Surveyors,=' l09 ILaNnnO IbW gnM01007 Nn 4erY IEBM a �nu�.� V Ip/%I/I] TTYYGO ('Q�x kN R ISW1 A3-SA0 F. York IM. Na 40l]0 66 WR SS�1!6V x6o.� EXHIBIT B Petition in Support of Renewal of Special Use Permit (Attached Separately) Petition in Support of Renewal of Special Use Permit WHEREAS, Horseshoe Inn, Inc. (the "Applicant") is applying to the City of Saratoga Springs Planning Board for a renewal of its Special Use Permit to provide live outdoor entertainment at the premises commonly known as 9 Gridley Street, Saratoga Springs (the "Premises"); and WHEREAS, the Applicant has (i) adequately addressed all our concerns related to the operation of the Premises, (ii) adequately addressed public safety by implementing appropriate protocols and (iii) promptly closed down its outdoor entertainment no later than 11 PM on Friday and Saturday nights and no later than 10 PM on Thursday nights; NOW, THEREFORE, the undersigned, being owners or tenants of the properties neighboring the Premises, sign this Petition on the signature pages attached hereto in order to express support for a renewal ofthe Applicant's Special Use Permit by the City of Saratoga Springs Planning Board. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY— SIGNATURE PAGES FOLLOW) IN WITNESS WHEREOF, I, Jennifer Clark, a tenant and the property manager at 57 Nelson Avenue, hereby execute this Petition in Support of Renewal of Special Use Permit to express my support for the renewal of the Special Use Permit for outdoor entertainment issued to Horseshoe Inn, Inc. at 9 Gridley Street. Je ' er CIarlV IN WITNESS WHEREOF, I, Denise! Ian Oa tenant of 17 Bowman Street, hereby execute this Petition in Support of Renewal of Spse Permit to express my support for the renewal of the Special Use Permit for outdoor entertainment issued to Horseshoe Inn, Inc. at 9 Gridley Street. Denise Csa + t IN WITNESS WHEREOF, I Genevieve Wilson, the owner of 17 Gridley Street, hereby execute this Petition in Support of Renewal of Special Use Permit to express my support for the renewal of the Special Use Permit for outdoor entertainment issued to Horseshoe Inn, Inc. at 9 Gridley Street. Genevieve Wilson EXHIBIT C Proposed Plan (Attached Separately)