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PLANNING BOARD ROBERT BRISTOL
p f Chair
-- s CITY HALL NANCY ONLIN
474 Broadway Vice Chair
Saratoga Springs, LEWIS BENTON
�, � gNew York 12866
ROBERT ISRAEL
WILLIAM McTYGUE
AkTelephone 518-587-3550 LOU SCHNEIDER
�R�'CRATED 1 �..
Fax 518-580-9480 L.CLIFFORD VANWAGNER
December 12, 2005
Stephen Towne, Commissioner
Department of Accounts
City Hall
474 Broadway
Saratoga Springs, New York 12866
Dear Commissioner:
RE: ETHIER PROPERTY REZONING: 166 Jefferson Street
Pursuant to your request of November 16, 2005 the Planning Board has
reviewed the proposed zoning map amendment submitted by Stephen Ethier to
change the classification of approximately 0.75 acres of land at 166 Jefferson
Street from Urban Residential-2 (single-family homes on 6,600 square foot lots)
to Urban Residential-4 (single-family or two-family homes or multi-family
structures with one unit for each 3,000 square feet of land).
The Planning Board discussed your request at our December 7, 2005,
meeting. Following the discussion the Planning Board voted 4-1 to issue an
"favorable” advisory opinion on the revised proposed zoning UR-4 map
amendment.
1. The Board believes that the proposed change in density is in
accord with the Comprehensive Plan designation for this area of
the community. The proposed zoning amendment would allow the
density on this parcel to increase from approximately 4 homes (6.6
units per acre) up to 11 residential units (approximately 14.5 units
per acre). The boundaries of the different land use categories on
the "Development Plan" map in the Comprehensive Plan are, by
design, flexible and non-precise. The Planning Board interprets that
the proposed site is reasonably close and, therefore, compatible
with an area designated on the "Development Plan" as High
Density Residential-2 (HDR-2). This HDR-2 district permits a
density of 10.0-15.0 units per acre.
2. The revised proposed UR-4 designation for this site is in accord
with the existing zoning ordinance because the UR-4 zoning
designation already exists in the zoning ordinance.
In addition, the Planning Board supports this rezoning because the
applicant has made a commitment to having a substantial portion of the units in
any development on this site to be affordable.
If you have any questions regarding the above comments, please contact
me.
incerel s
Nancy Ohlin
Vice-Chair
cc: Mayor Lenz
Commissioner Curley
Commissioner McCabe
Commissioner McTygue
Stephen Ethier, Petitioner
AMENDED AND RESTATED DECLARATION
OF COVENANTS AND RESTRICTIONS
OF STEPHEN ETHIER
166 JEFFERSON STREET
This Amended and Restated Declaration (hereinafter referred to as the
"Declaration") made the FM day of February, 2006,by Stephen Ethier of 147 Regent
Street, Saratoga Springs, new York, 12866,(hereinafter referred to as "Ethier"); and
WHEREAS, Ethier recognizes that the promotion and implementation of
affordable housing is in the best interest of the City of Saratoga Springs; and
WHEREAS, Ethier is the owner of certain property located in the City of
Saratoga Springs as hereinafter described; and
WHEREAS, Ethier desires that thirty percent(30%) of the dwelling units to be
constructed on the above referenced property shall be workforce housing units as
hereinafter defined; and
WHEREAS, Ethier has deemed it desirable to set forth herein certain covenants
and restrictions which will affect the above referenced property; and
WHEREAS, the Declaration amends and restates the Declaration dated December
9, 2005 and filed in the Saratoga County Clerk's Office on January 17,2006, in Book
1745 of Deeds at page 59; and
WHEREAS, the declarant in the Declaration referenced above was Frances
Dufore who conveyed the property subject to this Declaration to Steven Ethier by deed
dated January 18, 2006 and recorded in the Saratoga County Clerk's office on January
20, 2006 in Book 1745 of Deeds at page 429
NOW, THEREFORE, Ethier, for himself and for his heirs, successors and
assigns, voluntarily declares that the real property hereinafter described is and shall be
held, transferred, sold, conveyed and occupied subject to this Declaration, and
furthermore voluntarily confers upon the City of Saratoga Springs the authority herein
specified.
SECTION I: DEFINITIONS.
The following words when capitalized and used in this Declaration shall, unless
the context otherwise prohibits,have the following meanings:
A. Project: The multi-family buildings containing condominium units to be C,
constructed on the real property described in Section III. 2 2
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1748'''111! 03CE
B. City: The City Council of the City of Saratoga Springs.
C. Workforce Housing Unit: A dwelling unit which has a sales price that
results in a monthly housing cost(including mortgage, insurance,property taxes and
home association costs, if any) that does not exceed one-twelfth of thirty-five percent
(35%)of the maximum annual income for a household earning eighty percent(80%)of
Area Median Income (Moderate Income) or one hundred percent (100%) of Area Median
Income (Middle Income).
Area Median Income means the median household income as established by HUD
for the Albany-Schenectady-Troy Metropolitan Statistical Area.
Income Eligible Household means a Household earning less than eighty percent
(80%) of Area Median Income(Moderate Income) or one hundred percent (100%) of
Area Median Income (Middle Income).
In calculating the cost of units,the following relationship between unit size and
Household size shall apply:
Efficiency Units: 1 person Household
One-Bedroom Units: 1.5 person Household(average of
one and two person Household
incomes)
Two-Bedroom Units: 3 person Household
Three-Bedroom Units: 4.5 person Household(average of
four and five person Household
incomes)
Four-Bedroom Units: 6 person Household.
D. Market Unit: A dwelling unit which is not a Workforce Housing Unit.
SECTION II:
This Declaration shall be effective only if at the time of the construction of the
Project the property described in Section III below is located in the zone known as Urban
Residential—4 as set forth in the City of Saratoga Springs Zoning Ordinance in effect as
of the date of this Declaration.
SECTION III: PROPERTY SUBJECT TO THIS DECLARATION.
166 Jefferson Street—Tax Identification Numbers 179.37-1-12; 179.37-1-4;
179.37-1-13; 179.37-1-20; 179.31-1-5 as more particularly described in Schedule A
annexed hereto.
2
•
1748 plc..0307
SECTION IV: WORKFORCE HOUSING UNITS.
Twenty(20%)percent of the dwelling units to be constructed by Ethier in the
Project shall be Workforce Housing Units for Moderate Income purchasers as defined in
Section I above and ten(10%) percent for Middle Income purchasers as defined in
Section I above. All other units shall be Market Units. Prior to commencement of the
Project, Ethier shall advise the City or such agency as shall be designated by the City to
administer the Workforce Housing portion of the Project, those units which shall be
Workforce Housing Units. Any deed conveying a Workforce Housing Unit shall recite
that it is subject to this Declaration and shall be signed by both the purchaser(s) and the
City or such agency as it may designate. The said deed shall recite the actual
consideration.
SECTION V: WORKFORCE HOUSING PURCHASER(S).
Any purchaser(s)of a Workforce Housing Unit shall first be qualified as an
eligible purchaser(s)by the Office of Planning and Economic Development of the City of
Saratoga Springs or such other agency as may be designated by the City who shall
indicate in writing that the proposed purchaser(s) is so qualified. No Workforce Housing
Unit may be sold to any person who will not reside in that unit year-round, or to any
person who is claimed as a dependent on another person's federal or state tax return.
SECTION VI: RESALE.
The resale price will be determined by the Office of Planning and Economic
Development of the City of Saratoga Springs or such other agency as may be designated
by the City who shall consider the following shared-interest in the proceeds of resale
formula.
At the time of the initial sale of the Workforce Housing Unit,the City will
determine the Buyer's Interest and the City's Interest based upon current Market Value
determined by appraisal as if the property was unrestricted. The Buyer's Interest will be
the percentage that the initial sales price constitutes of the current full market value at
time of initial sale. The City's Interest will be the remainder interest; that is, the Subsidy
Amount(Market Value minus Buyer's Price)divided by the Market Value at time of
initial sale.
At the time of resale,the resale price shall be the Buyer's Interest multiplied by
the current Market Value as an unrestricted unit at time of resale. The Office of Planning
3 1748 PaG_0308
SECTION VII: ENFORCEMENT.
This Declaration may be enforced by the City or by any agency designated by it.
SECTION VIII: AMENDMENTS.
This Declaration may be amended by the City in consultation with the owners of
Workforce Housing Units provided, however, that any such amendments be accepted for
filing by the Attorney General of the State of New York.
SECTION IX: DURATION.
This Declaration shall be binding upon each purchaser of a Workforce Housing
Unit, his successors and/or assigns.
SECTION X: ACCEPTANCE.
By its signature on this Declaration the City of Saratoga Springs hereby accepts
the terms hereof and agrees to enforce them.
THE CITY OF SARATOGA SPRINGS
By: _..(.!'. ,�:
P€L Ootimc. 1L APPR-o L l6L
STEPHEN ETHIER
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4 1748!'acE 0309
STATE OF NEW YORK
SS.:
COUNTY OF SARATOGA
On this tet" day of �. , 2006, before me the undersigned,
personally appeared qaigite k personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he/she executed the same in his/her
capacity and that by his/her signature on the instrument, the individual or the person upon
behalf of which the individual acted, executed the instrument.
1170144"%ii—
Notary P c
MICHAEL J.ENGLERT
Notary Public,State of New York
No.02EN6107637
QuSTATE OF NEW YORK Commissionslified In Expires ApriSaratogal
County
AprU 5,
SS.:
COUNTY OF SARATOGA
On this d day of g '7 , 2006, before me the undersigned,
personally appeared STEPHEN ETHIER personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity and that by
his signature on the instrument, the individual or the person upon behalf of which the
individual acted,executed the instrument.
�--1, V bin •
Notary Public
5 1748 0310
SCHEDULE A
166 Jefferson Street
ALL THAT CERTAIN PARCEL OF LAND located on the westerly side of
Jefferson Street in the City of Saratoga Springs, Saratoga County, New York and which
said parcel is more particularly bounded and described as follows:
Tax lots numbered 179.37-1-12; 179.37-1-4; 179.37-1-13; 179.37-1-20; 179.31-1-
5 as shown on the tax map of the City of Saratoga Springs for the year 2005.
6 1748 qac:0311
Maintenance. "None." Code Administration: "No comments at this time". DPW comments: "No
concerns or comments."Office of the City Engineer: "LoC estimate?See comments on plans."
SARATOGA COUNTY PLANNING BOARD REFERRAL: "No significant County Wide or Inter Community
Impact." Comments: "Pursuant to our MOU the staff reviewed the site plan and found no county
wide or inter-community issues."
DECISION: Cliff Van Wagner moved and Bob Israel seconded the motion for site plan review
approval contingent upon the items agreed to during the discussion. Ayes all, motion carried 5-0.
05.076 ADVISORY OPINION TO CITY COUNCIL - ETHIER PROPERTY REZONING, 166 Jefferson
Street
This was a request from the City Council for an advisory opinion to rezone approximately 0.75 acres
of land at 166 Jefferson Street from Urban Residential-2 to Urban Residential-4. The applicant was
Steve Ethier.
Appearing before the Board was Steve Ethier,applicant.
INTENT: To develop up to 10 apartment units. The Zoning Ordinance allows the applicant to apply
for a zoning map amendment.
BACKGROUND: It was noted that if rezoning was adopted, this project would need site plan
approval from the Planning Board.
POLICY ISSUES: Steve Ethier said that he plans to place a deed restriction on this property that
would require that 30% of the units in this project be for affordable housing if the rezoning was
granted. He said that the property would need an Urban Residential-4 zoning designation. He said
that the affordable units would be priced around $185,000. He noted that the proposed
inclusionary zoning ordinance would not be applicable to this site, because this project is under the
ten-unit size requirements proposed in the draft ordinance. He said that he would have to arrange
the units as apartments or townhouses. The affordable units would be on the first floor. He gets
one call a day, if not two,to be on the list for homes priced at$185,000. He has changed the units
to two bedrooms. There is a restaurant and a bar across the street. He said that he believes the
neighbors are in support of this rezoning. He explained that the woman that owns the property is
70 years old. She cannot afford the property anymore and she wants to live in one of the new
units.
Geoff Bornemann said that the applicant is allowed four units with the current zoning. If the
property were rezoned to Urban Residential-4, there would be up to 14 allowed units. Steve Ethier
said that he wants the units to be 1,100 square feet. It is possible that he could do them all as
affordable housing. He needs Urban Residential-4 zoning for the multiple housing component. He
said he plans to build only 8 or 9 units on the property if the rezoning is approved.
Geoff Bornemann noted that the City Council on December 6,2005 reviewed a petition from James
Doyle to rezone the property immediately north of this site from Urban Residential-2 to Urban
Residential-4. The Council did not accept the petition for study.
Steve Ethier said that he has donated $21,000 for new sidewalks in this neighborhood and he has
a history in this neighborhood. He also voluntarily placed a deed restriction on this property for
affordable housing. Bob Israel said this is a unique property, because it is adjacent to Pennell's bar
and restaurant. He felt that this site would not be conducive to a single-family neighborhood and
City of Saratoga Springs Planning Board Minutes-Wednesday,December 7,2005 Page 31 of 36
the rezoning was good for this property. Cliff Van Wagner asked the proximity of the trailer park to
this project. Steve Ethier said that it was right down the street. Whitmore is across the street and
that is already zoned Urban Residential-4. Cliff Van Wagner said that having supportive neighbors
is always good.
Geoff Bornemann asked if there is a deed restriction on this property restricting 30% to affordable
housing. Steve Ethier said that there was not, but he would be putting one on. Geoff Bornemann
noted that the Board has to determine if the rezoning is in conformance with Zoning Ordinance and
the Comprehensive Plan. Cliff Van Wagner said this would be a positive use for land that currently
is in poor condition. Bob Israel reiterated that it is adjacent to land that is already designated
Urban Residential-4.
SEQR: Nancy Ohlin noted that there is no SEQR action required for an advisory opinion.
PUBLIC COMMENT: Nancy Ohlin asked if anyone in the audience wished to comment on the
application. She noted a letter from the Jefferson Street Neighborhood Association, dated
December 2, 2005; a letter from Donald Streed, 285 Jefferson Street, dated November 30, 2005;
and a letter from Bruce Cerone,owner of Pennell's.
James Doyle, owner of the property immediately north of this site,said that he went before the City
Council with his own rezoning proposal. He thought he would tailgate Steve Ethier's work. He was
advised about the deed restriction and he is directly next to this property. He is interested in
combining a schedule together. He noted that this was a hodge podge area and a good place to
insert these types of housing for the demand. He said he would present something in the future
similar to this.
No one else spoke.
TECHNICAL ISSUES: Nancy Ohlin said that the application fee of $650 has been submitted to the
City Council.
DEPARTMENTAL COMMENTS: DPS comments: Fire Department: "No concerns with zoning." Police
Department: "Change allowed only if affordable housing is built otherwise it reverts to original
zoning status." Traffic Maintenance: "None." Code Administration: "No comments at this time."
DPW comments: "No concerns or comments." Office of the City Engineer: "No comments or
concerns."
DECISION: Cliff Van Wagner moved and Bob Israel seconded the motion to issue a favorable
advisory opinion to rezone approximately 0.75 acres of land at 166 Jefferson Street from Urban
Residential-2 to Urban Residential-4. The Board believes that the proposed change in density is in
accord with the Comprehensive Plan designation for this area of the community. The proposed
zoning amendment would allow the density on this parcel to increase from approximately 4 homes
(6.6 units per acre) up to 11 residential units (approximately 14.5 units per acre). The boundaries
of the different land use categories on the "Development Plan" map in the Comprehensive Plan
are, by design, flexible and non-precise. The Planning Board interprets that the proposed site is
reasonably close and,therefore,compatible with an area designated on the "Development Plan"as
High Density Residential-2 (HDR-2). This HDR-2 district permits a density of 10.0-15.0 units per
acre. The revised proposed UR-4 designation for this site is in accord with the existing zoning
ordinance because the UR-4 zoning designation already exists in the zoning ordinance. In addition,
the Planning Board supports this rezoning because the applicant has made a commitment to
having a substantial portion of the units in any development on this site to be affordable. Ayes 4,
Nay 1(Nancy Ohlin), motion carried 4-1.
City of Saratoga Springs Planning Board Minutes-Wednesday,December 7,2005-Page 32 of 36
City of Saratoga Springs City Council Meeting Minutes
Tuesday, January 17, 2006
Bill McTygue said there are many projects already approved on the Planning Board's list, that are not
on the radar screen for development. He said at some point, those projects could be pulled off of the
list. It was noted that the High Rock Bowling alley project is currently off of the table. The hotel
behind City Hall is approved, allocated and reserved. Lew Benton asked what happens when a water
intensive project applies to the City and that project can create many real jobs. He said that was a
question that would need to be addressed at some point.
Bob Israel said that lead time for the Saratoga Lake option is important. He said it may be on line
by 2007 and that is important information for the Planning Board. He reminded everyone that there
is really only a problem during a substantial drought. It appears to be manageable if there is an end
game.
Mayor Valerie Keehn said this discussion has been most helpful and suggested that it may occur
again.
The workshop portion of the meeting was adjourned at 6:00 p.m.
CALL TO ORDER
Mayor Valerie Keehn called the meeting to order at 6:05 p.m.
. . .off
EXECUTIVE SESSION . �
Commissioner John Franck moved and Commissioner Matthew McCa
executive session at 6:05 p.m. to discuss the Dreyer litigation, labor
matters. Council members returned at 7:15 p.m. and reported that no vvaS LaKen, however,
the certiorari matter will be discussed on the Accounts Department agenda.
PUBLIC HEARING
Ethier Zoning Amendment - 166 Jefferson Street
Mayor Valerie Keehn said this is a continuation of the public hearing on a petition from Stephen Either
to change the classification of approximately .75 acres of land at 166 Jefferson Street from Urban
Residential-2 (single-family homes on 6,600 square foot lots) to Urban Residential-4 (single family
or two family homes or multi-family structures with one unit for each 3,000 square feet of land). The
City Planning Board on a vote of 4-1 issued a favorable advisory opinion on the proposed map
amendments. Also on file is the required proof of notification to the adjacent property owners.
Mayor Valerie Keehn opened the public hearing.
John Carusone, attorney representing the applicant, said there could be a few additional changes to
the declaration, i.e., up to 30 years in sales. The applicant is amenable to that modification.
Phil Diamond, 29 Waterview Drive, said workforce housing is important. He asked the Council to vote
favorably on this project. This is an opportunity for the City to get workforce housing at 80 percent
of the median income. The regular price for this housing would be about $200,000 while under this
proposal it will be about $160,000.
Kristine Healy, 70 Jefferson Street and member of the Jefferson Street Neighborhood Association, said
the Jefferson Street Neighborhood Association supported this project. She said there are distinct
Page 4 of 19
City of Saratoga Springs City Council Meeting Minutes
Tuesday, January 17, 2006
differences between Crescent Street and Crescent Avenue. They support this project, but are unsure
of the other project. She appreciated the conversation between Stephen Ethier and the neighborhood
and they support this project.
Don Stread, 285 Jefferson Street, said he lives directly across the street from this project. The two
neighborhoods (Crescent Street &Crescent Avenue) are very different from one another. It makes
sense for mixed units in this area and he supported this project. The improved lighting and street
drainage are also needed. He appreciated Stephen Ethier's efforts in developing this project.
Dennis Brunelle, 3 Holly Drive and EOC Director, said that few workforce housing families will be able
to afford units at $160,000, however, many of those low income families are moving toward that
point. The low income families are within reach of becoming self-sufficient. This is a project that will
reach the average family in this City. He said there has been some protest from people at the IZOD
meetings, however, Saratoga Springs is about giving people opportunity. He encouraged the Council
to do the right thing and support this project.
Commissioner Matthew McCabe asked if the applicant was applying for any federal loans. John
Carusone said no. Commissioner Matthew McCabe clarified that the applicant will amend the
declaration so that the housing remains affordable for a certain period of time and that they will not
be turned over rapidly for a profit. He asked that once the zoning change was in place, what prevents
that from not occurring. John Carusone said once the zoning amendment is approved, the
restrictions are fully enforceable. It is the intention of the applicant that the units remain affordable
for 30 years. Commissioner Matthew McCabe asked where it was stated that these are legally
binding agreements. John Carusone said once the restrictions are recorded, the title is encumbered
for future owners. Commissioner Thomas McTygue asked if the applicant has filed the deed
restrictions. John Carusone said the applicant cannot unilaterally change the deed restrictions.
Commissioner Ron Kim said each time the unit is sold, the buyer must be found eligible. He asked
how that would happen and where was the enforcement. John Carusone said EOC maintains a list
of eligible people as first time home buyers. For future sales, Community Development or some other
City department could ensure that buyers are eligible. Mayor Valerie Keehn asked if future Councils
would be bound to this resolution. Commissioner Matthew McCabe said he was in favor of this
resolution, however, wanted to work out the details. John Carusone said the City needs to avoid
contract zoning. The declaration will become effective when the zoning amendment becomes
effective. Mayor Valerie Keehn clarified that the applicant was willing to amend the declaration to
make it as binding as possible.
Michael Englert, City Attorney, said that there is a concern with contract zoning, i.e., spot zoning.
With the applicant preparing and unilaterally filing the declaration it imposes an affirmative
obligation on the City that the City has not yet accepted. It will require the City to accept the
obligation to monitor the declaration to be sure that potential buyers are eligible. If they City has
not formally accepted the declaration, then the restriction is not enforceable. This needs to be
structured in such a way that the Council accepts this declaration and its interest in the property and
that the City will undertake this responsibility. The City is lacking in the acceptance. He said the City
is struggling with this unique structure and the property documentation needed to be put together.
__. The motion, though, should not be made contingent upon this documentation.
There being no one else wishing to speak, Mayor Valerie Keen closed the public hearing.
CALL TO ORDER
Mayor Valerie Keehn reconvened the meeting at 7:40 p.m.
Page 5 of 19
City of Saratoga Springs City Council Meeting Minutes
Tuesday, January 17, 2006
Approval of January 3, 2006, meeting minutes
Commissioner John Franck moved and Commissioner Ron Kim seconded to approve the
January 3, 2006, meeting minutes. Ayes all.
Approval of January 11, 2006, meeting minutes
Commissioner John Franck moved and Commissioner Matthew McCabe seconded to approve
the January 11, 2006, meeting minutes.
Commissioner Matthew McCabe said he wanted to clarify the matter on page 4 concerning the hiring
of Poklemba and Hobbs to continue to represent the City on the two outstanding cases in DPW with
a cap of $3,500. Council members said they were clear on that matter. Commissioner Thomas
McTygue said that if more funds were necessary, it would be brought back to the Council. Mayor
Valerie Keehn suggested that a letter would be sent to the firm requesting further clarification on the
dollar amounts.
Ayes all.
Repeal Public Assemblage Ordinance - Set Public Hearing
Commissioner John Franck explained that under the previous administration a committee was
established to review the Public Assemblage ordinance. After many months of review, the ordinances
developed by that committee B Demonstration, Special Event, Parade, Noise and Temporary
Structures were adopted at the December 20, 2005, Council meeting. When those ordinances were
adopted, the old Public Assemblage ordinance should have been repealed. Unfortunately, that did
not happen. Therefore, he set a public hearing at 6:55 p.m. on Tuesday, February 7 to repeal the
Public Assemblage ordinance.
Ethier Zoning Amendment - 166 Jefferson Street (06-20)
Commissioner John Franck said that pursuant to the Council's request of November 16, 2005, the
Planning Board reviewed the proposed zoning map amendment submitted by Stephen Ethier to
change the classification of approximately .75 acres of land at 166 Jefferson Street from Urban
Residential-1 (single - family homes on 6,600 square foot lots) to Urban Residential-4 (single family
or two family homes or multi-family structures with one unit for each 3,000 square feet of land).
The Planning Board discussed the request at their December 7, 2005, meeting. Following the
discussion the Planning Board voted 4-1 to issue a "favorable" advisory opinion in the revised
proposed zoning UR-4 map amendment.
1. The Board believes that the proposed change in density is in accord with the Comprehensive
Plan designation for this area of the community. The proposed zoning amendment would
allow the density on this parcel to increase from approximately 4 homes (6.6 units per acre)
up to 11 residential units (approximately 14.5 units per acre). The boundaries of the different
land use categories on the "Development Plan" map in the Comprehensive Plan are, by
design, flexible and non-precise. The Planning Board interprets that the proposed site is
reasonably close and, therefore, compatible with an area designated on the Development Plan
as High Density Residential-2 (HDR-2). This HDR-2 district permits a density of 10 - 15 units
per acre.
2. The revised proposed UR-4 designation for this site is in accord with the existing zoning
ordinance because the UR-4 zoning designation already exists in the zoning ordinance.
In addition, the Planning Board supported this rezoning because the applicant made a commitment
to have a substantial portion of the units in any development on this site to be affordable.
Page 12 of 19
City of Saratoga Springs City Council Meeting Minutes
Tuesday, January 17, 2006
Therefore, Commissioner John Franck moved and Commissioner Ron Kim seconded to issue
a negative SEQR determination and approve the zoning amendment as presented. Mayor
Valerie Keehn said she would like the motion contingent upon the declaration being
amended to make it as binding and as tight as possible and that this is contingent upon the
review of the City Attorney and the attorney representing the applicant. Commissioner
John Franck and Ron Kim agreed to include that contingency in the motion.
Commissioner Ron Kim said that a lot of credit should be given to Stephen Ethier for making this
offer. This developer could make much more money on this project.
Ayes all.
Lockrow Zoning Amendment - 131 Hamilton Street
Commissioner John Franck said that pursuant to the Council's request of December 21, 2005, the
Planning Board reviewed the proposed zoning map amendment submitted by Debra Lockrow to
change the classification of approximately .31 acres of land at 131 Hamilton Street from Urban
Residential-2 (single-family homes on 6,600 square foot lots) to Transect 5 - Neighborhood Center
District (mixed uses). The Planning Board discussed the Council's request at their January 11, 2006,
meeting. The Board reviewed the proposed zoning as well as some alternative zoning for this site.
The Board decided that it would be best to preserve the residential character of this area and
concluded that the Urban Residential - 4A District offered the best solution. The applicant was
present at that meeting and she concurred with the revised proposal. Following the discussion, the
Planning Board voted 5-1-1 to issue a favorable advisory opinion on the revised proposed zoning map
UR-4A map amendment.
1. The Board believed that the proposed revised zoning map amendment is in accord with the
Comprehensive Plan designation for this area of the community. The proposed zoning
amendment would allow the density on this parcel to increase from approximately 2 homes
(6.6 units per acre) up to 6 residential units (approximately 21.8 units per acre). The
boundaries of the different land use categories on the Development Plan map in the
Comprehensive Plan are, by design, flexible and non-precise. The Planning Board interprets
that the proposed site is reasonably close and, therefore, compatible with an area designated
on the Development Plan as Special Development Area.
2. The revised proposed UR-4A designation for this site is in accord with the existing zoning
ordinance because the UR-4A zoning designation already exists in the zoning ordinance.
Therefore, Commissioner John Franck set a public hearing at 6:45p.m. on Tuesday, February 7.
Committee on Revenue Enhancement
Commissioner John Franck said that at the last Council meeting, he mentioned that one of his
platforms when running for Commissioner of Accounts was to find ways to increase revenues for the
City to help alleviate the property tax burden to the residents of this City. He then announced the
formation of the Revenue Enhancement Committee with the following members: Gordon Boyd, Bonnie
Barr, David Morency and Michele Boxley. This committee will be charged with examining revenue
opportunities, presenting those findings to the Council, developing an RFP and implementation the
programs. He said it was his intention that this committee would work together with the Marketing
Committee established by Commissioner Matthew McCabe.
E-Government Committee
Page 13 of 19
CITY OF SARATOGA SPRINGS
CITY COUNCIL MEETING
CITY COUNCIL
TUESDAY, J Y 3, 2006
7:00 .
PRESENT: Valerie Keehn, Mayor
Commissioner John Franck, Accounts
Commissioner Ron Kim, DPS
Commissioner Matthew McCabe, Finance
Commissioner Thomas McTygue, DPW
ALSO PRESENT: Cheryl Keyrouse, Supervisor
Joanne Yepsen, Supervisor
STAFF PRESENT: Lynn Bachner, Deputy Commissioner Finance
Michelle Boxley, Deputy Commissioner Accounts
Patrick Design, Deputy Commissioner, DPW
Frank Dudla, Deputy Commissioner, DPS
Nancy Ohlin, Deputy Mayor
Michael Enqlert, City Attorney
CALL TO ORDER
Mayor Valerie Keehn called the meeting to order at 6:30 p.m. Commissioner John Franck moved and
Commissioner Matthew McCabe seconded to adjourn to executive session at 6:30 p.m. for discussions on
legal and engineering matters.
Council members returned at 7:15 p.m.
PUBLIC HEARING
Ethier Zoning Amendment - 166 Jefferson Street
Mayor Valerie Keehn said this is a public hearing on a petition from Stephen Ethier to change the
classification of approximately .75 acres of land at 166 Jefferson Street from Urban Residential-2 (single
family homes on 6,600 square foot lots) to Urban Residential-4 (single family or two-family homes or multi-
family structures with one unit for each 3,000 square feet of land). The City Planning Board on a vote of
4-1, issued a favorable advisory opinion on the proposed map amendments. Also on file is the required
proof of notification to the adjacent property owners. Stephen Ethier was present to answer questions.
Mayor Valerie Keehn opened the public hearing
Dennis Brunelle, 3 Holly Drive, Saratoga Economic Opportunity Council, said that his organization was in
support of this project. He noted that for the past 15 years, there have been more than 2,000 housing
units created with only 17 of them being affordable to the workforce. This project is a good project and
is ideal for this neighborhood. He urged the council to support this project.
There being no one else wishing to speak, Mayor Valerie Keehn closed the public hearing for this evening,
however, it will be continued to the January 17 Council meeting.
RECONVENE MEETING
Mayor Valerie Keehn reconvened the meeting at 7:20 p.m.
EXECUTIVE SESSION
Page 1 of 7
City of Saratoga Springs City Council Meeting Minutes
Tuesday,December 20,2005
that will be brought to fruition in 2006,specifically regarding lights for the north and south piece of the Route 50 arterial.
She said they have been working with the New York State Department of Transportation and with National Grid and the
Department of Public Works received a proposal today and after further examination they will be turning lights on at the
major intersections along that highway depending upon the finances and the availability of National Grid staff.
She said that the committee updated the City's fleet safety program and the City Council recently passed the updates to
program. Each employee that has access to a City vehicle is now required to sign the fleet safety program agreeing to
the terms and conditions that the City Council has set.
Marilyn Rivers said the committee recently completed the hazard communication program in which every chemical in the
City has been categorized and is now going to be put into a central electronic database that will be available to every
City department.The goal for 2006 is to ensure that the Fire and Police Departments have their own particular pieces of
this program with a drop down menu for every chemical currently in the workplace.
She said that three major programs to be developed in 2006 that will impact Public Safety, Public Works and the Mayor's
Department including a Trail Management/Risk Manager program in conjunction with the new POSH position;an
Interactive Spray Fountain Risk Management Program because the State Department of Health has indicated that the
City's interactive spray fountains might potentially require licensing so she will be working with DPW to create a daily
Risk Management Plan similar to what is done with the City's Skate Parks,and they will be changing Camp Saradac to
include some additional new mandates of the Department of Health.
She said the Safety Committee would like to extend thanks to the Postal Workers for diligently providing information on
the City's sidewalks; Bill Davis and the employees at the Senior Citizens Center for providing the opportunity for the
Safety Committee to serve the senior citizens of this community;to Tom Knight for providing annual CPR and AED
Training at no cost to the City on his own time;to Dee Sarno and Joel Reed of the Saratoga Arts Council for joining the
City's Safety program. Marilyn Rivers also thanked Maine Drilling&Blasting, Pompa Brothers, North American Drilling&
Blasting and Pallette Stone for their excellent advice and assistance in updating the blasting ordinance;and to Laurie
Potynski,William Flaherty,John Walters and Tom Werner for their work on the Route 50 lights.She thanked Joseph
Petrosky,Skidmore College Students, Molly Gagne,the Downtown Business Association,the Chamber of Commerce,
and Gavin Landry for asking the Safety Committee to be a part of their lives to make this community safer.She said the
Committee would like to extend its sincere thanks to Commissioner Towne for his commitment to establishing the Safety
Committee and allowing them to form a strong partnership with this community,and they are grateful for the foundation
he has provided,and thankful for the leeway allowing the committee to work in partnerships to serve the community.
Set Public Hearing—Ethier Zoning Amendment, 166 Jefferson Street
Commissioner Towne said that pursuant to the Council's request of November 16,2005,the Planning Board reviewed
the proposed zoning map amendment submitted by Steve Ethier to change the classification of approximately.75 acres
of land at 166 Jefferson Street from Urban Residential—1 to Urban Residential-4.
The Planning Board discussed the request at their December 7,2005 meeting and following the discussion the Board
voted 4-1 to issue a"favorable"advisory opinion in the revised proposed zoning UR-4 map amendment based upon the
belief that the proposed change in density is in accord with the Comprehensive Plan designation for this area of the
community.The proposed zoning amendment would allow the density on this parcel to increase from approximately 4
homes up to 11residential units.
The boundaries of the different land use categories on the"Development Plan"map in the Comprehensive Plan are by
design flexible and non-precise.He said the Board interprets that the proposed site is reasonably close and compatible
with an area designated on the Development Plan as High Density Residential-2(HDR-2)and this HDR-2 district permits
14
City of Saratoga Springs City Council Meeting Minutes
Tuesday,December 20,2005
a density of 1 to 15 units per acre. Also,the revised proposed UR-4 designation for this site is in accord with the existing
zoning ordinance because the UR-4 zoning designation already exists in the zoning ordinance.
Commissioner Towne explained that the Planning Board supports this rezoning because the applicant has made a
commitment to having a substantial portion of the units in any development on this site to be affordable. He said that
Steve Ethier is worthy of council support for the work he has done in this area. He said that the Neighborhood
association has forwarded a letter with Christine Healy in support of this activity. Commissioner Towne set the public
hearing for January 3 2006 at 6:50 p.m.
DEPARTMENT OF FINANCE
Payroll
Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded to approve the following
payrolls: December 9,2005-$546,597.43 and December 16, 2005-$409,681.85.Ayes all.
Warrants
Commissioner Matthew McCabe moved and Commissioner Stephen E.Towne seconded to approve the
following warrants:
2005 regular warrant 12/20/052DEC05 $ 349,440.26
2005 mini warrant 12/14/05MC1DEC05 $ 264,509.73
Ayes all.
Budget Transfers-Contingency
Commissioner Matthew McCabe moved and Commissioner Thomas Curley seconded for council approval for
the2005 budget transfers in contingency that were previously distributed. (Attachment A)Commissioner McCabe
explained that this set of transfers is listed separately per the budget transfer policy and have met the transfer guidelines.
Transfers from contingency must include an update of the remaining contingency balance and these are as follows:
There are 86 lines that describe transfers from contingency expense lines in the General fund,the Water Fund and the
Sewer Fund,and payroll lines in all departments which cover the contractual increases approved at the 11/18/05 City
Council meeting for the 2005 retroactive salaries for CSEA union employees.City Hall Unit. He said the contingency
expense lines are: From the general fund,$104,324.97 and there will remain a$42,456.03 contingency balance after
this transfer. From the water fund,$74,480.54 with a balance of$3,007.46 in the water fund contingency. From the
sewer fund, $30,926.56 with a remaining balance of$194,203.44 in the sewer fund contingency after this transfer.He
said there are two more lines describing the transfer from the Sewer Fund Contingency expense line to the County
Sewer District Contractual charges expense line,lines 50 and 51 from the Public Works Department will cover a deficit in
the County Sewer District Bill in the amount of$26,950.There will remain$167,253.44 in the Sewer Contingency Fund
after this and the above mentioned transfers. Ayes all
Budget Transfers-payroll
Commissioner Matthew McCabe moved and Commissioner Stephen E.Towne seconded to approve the 2005
budget transfers from or to payroll accounts as previously distributed.(Attachment B)This set of transfers is listed
separately per the budget transfer policy and has met the transfer guidelines. Ayes all
Budget Transfers-regular
15
Saratoga County
COUNTY CLERK'S RECORDING PAGE
RECEIPT NO. :001101970 DEEDS
BOOK 01748 PAGE 00306
NO. PAGES 6
INDEXED BY: INSTRUMENT CODE: AGM
SCANNED BY: INSTRUMENT NO. : 20060002607
RECORDING:
Cover Sheet Fee (Rcdg Paper) 10.00
Education Fee 20.00
Recording Fee (Paper) 5.00
Stamp Tax Fee (Rcdg Paper) .00
Markoffs .00
Names .00
Pages 18.00
TOTAL: 53.00
*****NOTICE: THIS IS NOT A BILL*****
STATE OF NEW YORK
SARATOGA COUNTY CLERK
RECORDED ON 02/16/2006 AT 12:55:00
IN BOOK OF DEEDS PAGE 00306 OF 01748
Kathleen A. Marchione
SARATOGA COUNTY CLERK
THIS PAGE IS PART OF THE INSTRUMENT
/
MEMORANDUM
To: Kate Maynard
City of Saratoga Springs
From: Paul K. Male, P.E. & P.L.S.
Project Engineer
Date: December 4, 2014
Subject: 166— 168 Jefferson Street
At the last Planning Board meeting, the Board had a number of issues that needed to be
addressed. The plans have been revised by Brett L. Steenburgh, P.E. The issues that were
brought up by the Planning Board and the responses are as follows:
1. Attached is a colored copy of the front and side elevations of the proposed
buildings.
2. The proposed dumpster location has been moved south as requested.
3. A dumpster screening detail has been added to sheet 6 of 6.
4. The proposed curbs, sidewalks and street lights have been lined up Doyle's
project. This will require the granting of a 2.5 foot easement to the City.
5. An updated LOC estimate is attached and a copy will be submitted to Tim Wales
for his review.
6. The Planning Board number has been revised on the plans and the SWPPP.
7. A copy of the SWPPP is attached and has been revised with 2015 construction
dates. The SWPPP has not been changed since it was reviewed and approved in
2011. Following a review of the SWPPP, the Owner will sign the SWPPP.
8. The sidewalks from the additional egress points out of the two buildings have
been added to the plans.
9. The Landscape plan has been revised to include additional plantings and provide
a mix of species. The proposed Bradford pears have been eliminated. The
revised planting schedule is shown on the Landscape Plan.
10. A sign with the address of the site has been added to the Site Plan.
11. The two curb cutouts have been eliminated. The SWPPP plan will address the
increase in impervious surfaces without the use of the curb cutouts.
12. A copy of the signed Water agreement is attached and a copy will be submitted
to Tim Wales.
If you have any questions or require any additional information, please call me at
852-7479 or e-mail me at pmale@nycap.rr.com
Cc: T. Wales
S. Ethier
Dec 02 14 11:49a Stephen Ethier 5183065241 p.1
.v,al(,"' �/. City of Saratoga itv;. ANTHONY J.5CIROCCo
�� .�!iAlt2 -^ OFFICE OF PUBLIC WORKS CO"" ""
C �� 5 Lake Avenue l:uonRY J.COGAN
GEPV:Y COMMISSIONER
Saratoga Springs,New York 12866
.)/..:R•,*
._ ,
Phone 519-58:-5550"Fax 518-587-Y•b17
• www.saratoga-springs.org
NEW WATER SERVICE CONNECTION
AGREEMENT&APPLICATION FORM
Property Owner's Name: -J Te <N (', 1�l�`` '
Project Name(if applicable): I 4 `l - 4 (6 � 1 iSo So`\ S'Y-
Property Address: 1(it- l(0 �e-V4YSCv' Tax Map#: 17 i ,y7 -'L'L —c.a
Size of Tap(check one below): /1
0 '/a" 0 1" reatcr than 1": ti
RESIDENTIA I NON-RESIDENTIAL
Minimum fee is$3,000 for the Is'dwelling Minimum fee is S3,000 for the I'unit of water
and$2,000 for each additional dwelling and S2,000 for each additional unit of water.A
unit of water is 14,000 cubic feet of water per year.
Number of Dwellings: 1 O frr4;1A,h.`a i
Estimated Cubic Feet of Water per Year
Appraised Value: I l 000)000
If 5120,000 or less please provide copy of
certified appraisal )/jj ODD
Fee: o[
To be paid in full without any contingencies or protest,on or before the Building Inspector approves the rough
plumbing, including the installation of the water meter,or at the time of the issuance of a tapping permit.
The undersigned acknowledges the fees as estimated above and outlined in the City of Saratoga Springs Water
Ordinance and Resolution,section 12,printed on the reverse side of this documcnt.
The undersigned represents to the City that they have full and complete authority to execute this document and
find and commit the developer to pay fee(s)as required by the City Water Ordinance. This agreement shall be
birdine on all of the undersigned transferees.
The undersigned acknowledges that a copy of this document will be delivered to all appropriate and necessary
governmental entities,and th dersi ed further acknowledges that it shall pay as provided herein.
Authorized Signature: Company Name:
Company Address. 1 n L . 1 v e t sc'i S1- SS 11-t to S c.
Phone Number. LI(►O4-CstC4 Date: 11130 ilLi
-----
Department
_.----Department of Public Works Approval: Date: a 2//41
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May 4, 2015
Mr. Steve Ethier
10 E. Harrison Street
Saratoga Springs, NY 12866
RE: 166-168 Jefferson Street-Affordable Housing Provision
Dear Mr. Ethier:
This correspondence is in relation to your project at 166-168 Jefferson Street consisting
of 10 units of multi-family residences. You'll recall that the property in question was
approved for a zoning map amendment from then UR-2, to current UR-4 by the City
Council in 2005. As indicated in approved City Council minutes of January 17, 2006, and
Planning Board minutes of December 7, 2005, the property was to be subject to a deed
restriction that would provide a substantial percentage of the units for long term
affordable housing.
At this time, the City requests a copy of the deed restriction in question to be provided
for review, your proposal for how such affordable units will be maintained in perpetuity,
and outreach efforts that will be undertaken to achieve these goals.
Please send this information to my attention by May 15, 2015. If you have any questions
or would like to discuss further, please do not hesitate to get in touch either at
Vincent.Deleonardis@saratoga-springs.org, or 587.3550 x2414.
Sincerely,
Vincent DeLeonardis
Cc: Mayor Joanne Yepsen,Brad Birge,Kate Maynard,AICP
0G4 CITY OF SARATOGA SPRINGS
MARK TORPEY,Chair
� I PLANNING BOARD OM�L�SSTOLVice Chair
-•~;r'' �� S 0 CLIFFORD VAN WAGNER
y City Hall -474 Broadway PHILIP W.KLEIN
-11 •v Saratoga Springs, New York 12866 DAN GABA
•
i ,ti' Tel: 518-587-3550 fax: 518-580-9480 HOWARD PINSLEY
�%eAtto `9 www.saratoga-springs.org
Planning Board Meeting—December 10, 2014
RECORD OF DECISION
Members Present: Torpey, Bristol, Lewis,Van Wagner, Gaba, Pinsley
Members Absent: Klein
A. Applications under Consideration:
I. 10.049.1166-168 Jefferson Street, Site plan review of multi-family residences in an Urban
Residential-4 District.
ACTION: Motion to affirm SEQRA negative declaration- passed 6-0 (In favor: Torpey,
Bristol, Lewis,Van Wagner, Gaba, Pinsley). Motion to approve site plan with conditions-
passed 6-0 (In favor:Torpey, Bristol, Lewis,Van Wagner, Gaba, Pinsley).
2. 14.064 Fox Residential Multi-family Addition, 72 Union Avenue, Consideration of
SEQRA lead agency and SEQRA environmental review.
ACTION: Motion to issue a SEQRA negative declaration-passed 6-0 (In favor:Torpey,
Bristol, Lewis,Van Wagner, Gaba, Pinsley).
3. 14.065 East and Excelsior Mixed Use Development, sketch plan review for office and
residential uses in a Transect-5 Neighborhood Center District.
ACTION: No formal action with sketch plan review.
4. 14.038 City Center Parking Garage, Maple and High Rock Avenues, SEQRA
environmental review for a parking facility within the Transect-6(T-6) Urban Core
District.
ACTION: Motion to issue a SEQRA negative declaration- passed 5-1 (In favor: Bristol,
Lewis, Van Wagner, Gaba, Pinsley; Opposed:Torpey).
B. Approval of Minutes:
May 14, 2014- passed 5-0 (Torpey, Bristol, Lewis, Van Wagner, Pinsley)
November 12, 2014- passed 6-0(In favor: Torpey, Bristol, Lewis,Van Wagner, Gaba, Pinsley).
November 25, 2014- passed 6-0(In favor: Torpey, Bristol, Lewis,Van Wagner, Gaba, Pinsley).
RECEIVED
DM 11 f)14
Signature: Date_December I I, 2014
Planning Board Chair
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