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20190467 17.062 Station Lane Apts SEQR Neg Dec Mtg Minutes PLANNING BOARD MINUTES (FINAL) THURSDAY, NOVEMBER 11 , 2018 g _ . 6:00 P.M. -17'..P0q A CITY CENTER MEETING Room 2A CALL TO ORDER: Mark Torpey, Chairman called the meeting to order at 6:00 P.M. SALUTE TO THE FLAG: PRESENT: Mark Torpey, Chairman; Clifford Van Wagner; Ruth Horton;Amy Ryan, Alternate; Bob Bristol ABSENT: Jamin Totino,Vice Chairman; Janet Casey; Todd Fabozzi STAFF: Bradley Birge,Administrator, Planning and Economic Development, City of Saratoga Springs ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. A. APPROVAL OF MEETING MINUTES: Ruth Horton made a motion to approve the September 6, 2018 Planning Board Meeting Minutes as submitted. Bob Bristol seconded the motion. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor MOTION PASSES: 4-0 Clifford Van Wagner made a motion to approve the September 20, 2018 Planning Board Meeting Minutes as submitted. Ruth Horton seconded the motion. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor MOTION PASSES: 4-0 COMMENTS FROM THECHAIR: Mark Torpey, Chairman provided information to the audience regarding guidelines for public input and comments. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Tuesday, November 13, 2018 at 4:00 P.M. Planning Board Workshop, Tuesday, November 13, 2018 at 5:00 P.M. Planning Board Meeting, Thursday, November 15, 2018 at 6:00 P.M. PRIVILEGE OF THE FLOOR: None heard. B. POSSIBLE CONSENT AGENDA ITEMS: NOTE: The intent of a consent agenda is to identify any application that appear to be"approvable"without need for further evaluation of discussion. If anyone wished to further discuss any proposed consent agenda item, then that item would be pulled from the "consent agenda"and dealt with individually. 1. 15.022.3 GRAND AVENUE SUBDIVISION MODIFICAITON 506 Grand Avenue, modification to an approved 2-lot subdivision within a Suburban Residential-2 District. Mark Torpey, Chairman stated that this is a modification to the original project and it is now proposing a septic system to be installed on the second lot rather than to obtain an easement for the sanitary sewer. This has proven to be unfeasible, and has been reviewed and approved by the City Engineer. Clifford Van Wagner made a motion to approve the modification to the approved 2-lot subdivision for the installation of a septic system. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor; Amy Ryan, Alternate,in favor: MOTION PASSES: 5-0 C. APPLICATIONS UNDER CONSIDERATION: 1. 18.052 WANG SUBDIVISION, 133 Lincoln Avenue, 2-lot Final Subdivision within an Urban Residential-2 District. BACKGROUND: Mark Torpey, Chairman stated what is before the Board this evening is a 2 lot final subdivision. The Board has seen this Project before and provided an Advisory Opinion to the ZBA on the requested areas of relief, as well as a SEQRA Negative Declaration for this project. The requested variances have been approved. Two lots have been created with one having access off of Lincoln Avenue and the other lot which currently has a home on it facing Murphy Lane. There are two easements which are required for water and sanitary sewer over the first lot. Applicant: Qiong Wang, Renjie Song Agent: Bill Thompson,Thompson/Fleming Land Surveyors SEQRA: November 30, 2017,the Planning Board assumed Lead Agency for coordinated review and issued a 7-0 Negative Declaration. Mr. Thompson stated they are in receipt of comments from the City Engineer as far as site revisions, city of Saratoga Springs-Planning Board November 1,2018 Page 2 of 9 Mark Torpey, Chairman questioned the sidewalk and curbing. We would like to see them upgraded if there are any issues. Mr. Fleming stated the applicant will be installing a street tree and lighting as part of the subdivision regulations. The sidewalk and curbing are adequate and in good condition. Mark Torpey, Chairman stated there was a discussion among the Board concerning fencing and additional screening along the easterly boundary. The tree which is proposed should be a species which comports with the Urban Forestry Plan. Also,the placement of the garage as presented this evening does fit in with the neighborhood. The easements on either side of the property are noted on the plans for Lot#1 and Lot#2. Mark Torpey, Chairman stated the subdivision requirements would include the planting of a street tree which comports with the Urban Forestry Plan, upgrading any sidewalks which are in need of repair to the satisfaction of the City Engineer, finalizing the easement language to the satisfaction of the City Engineer, the recommendation of the Planning Board for placement of the garage in the rear. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 6:15 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Julie Spenelli, 135 Lincoln Avenue, I have lived in my home for 30 years. Most of the homes in the area have absentee landlords. I have issues with the two homes,they are within a 100 feet of my home. The constant construction has gone on for four years. Now, we will have this again. I am not in favor of this development. The homes proposed are too large,they are two times the size of my current home and the home around me. She voiced concerned about the permeability and too much asphalt. Also, Ms. Spenelli spoke about setbacks. Also, she is concerned about the trees and the possibility of fencing. She also spoke regarding the street light and too much light pollution in this area now. Amy Ryan spoke about the arborist and questioned the possibility of having the site visited and the trees evaluated. Discussion ensued regarding the street light, the location and the possibility of waiving the condition for placement in this location. Mark Torpey, Chairman asked if there was any further comments from the audience. None heard. Mark Torpey, Chairman closed the public hearing at 6:28 P.M. Mark Torpey, Chairman stated the subdivision requirements would include the planting of a street tree which comports with the Urban Forestry Plan, upgrading any sidewalks which are in need of repair to the satisfaction of the City Engineer, finalizing the easement language to the satisfaction of the City Engineer, the recommendation of the Planning Board for placement of the garage in the rear. Also, the Board waives the subdivision requirement for a street light in this subdivision application. Clifford Van Wagner made a motion in the matter of the Wang Subdivision, 133 Lincoln Avenue that the application be approved with the conditions as noted by the Chair. Bob Bristol seconded the motion. Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor; Amy Ryan, Alternate, in favor; MOTION PASSES: 5-0 City of Saratoga Springs—Planning Board November 1,2018-Page 3 of 9 2. 18.051 STARKS MARKET 62-64 Excelsior Avenue, Permanent Special Use Permit for an eating and drinking, office, retail establishment within a Transect-5 Neighborhood Center District. SEQRA: This appears to be a Type ii action and requires no further review. BACKGROUND: The structure was most recently home to Stark's Auto Repair/Mufflers and Auto Value Auto Parts, The retail auto parts will remain, the former auto repair portion to is to be rehabilitated into a market/eating and drinking establishment with a small outdoor patio. This is an adaptive reuse. All the parking needs will be satisfied on the site. Additional on street parking is available as well. Bradley Birge, Administrator, Planning and Economic Development stated this is the first step in a multi-step process. The applicant is before you tonight for a Special Use Permit for a eating and drinking establishment and office. If approved the applicant will re-appear before this Board for Site Plan and onto the DRC for Architectural Review, Applicant: RR Depot LLC Agent: Katelyn Koury. Dave Carr, LA Group; Larry Novik, Bonacio Construction Ms. Koury stated the applicant is seeking a Special Use Permit for this 1/2 acre site. A visual presentation of the proposed 6700 square foot site was provided to the Board, noting this was a former auto repair shop. The auto parts portion of the business will remain and footprint will not change. We will be renovating the site of the former repair shop. We are replacing the overhead doors and a fresh coat of paint on the building. Some site work wilt be completed for parking and to improve the traffic flow. A small patio out front will be created with outdoor seating. Currently there are 13 parking spaces and we wilt be expanding that to 25 spaces. There are some spaces along the street for five extra cars bringing the total to 30 spaces. The roadway in this location is 40 feet in width, and will accommodate this parking. In this area there is a 10 foot wide asphalt walk way on the side of the street tying into the sidewalks. Regarding deliveries,the larger, bigger trucks will pull up in front of the building early in the morning,smaller box trucks wilt fit around the back of the building. Mr. Carr spoke regarding the environmental issues on the site. Staff was concerned regarding these issues and we did provide some information in this regard. Phase I and Phase II was completed by CT Male. This was presented to the DEC. There was a spill on the site as well as a hydraulic lift under the slab and other hydraulic lifts on the site. The spill with regard to the DEC is closed, however there is still contaminated soil on the site. We definitely will follow whatever state requirements are necessary for remediation. Mr. Novik stated we really don't know what we are doing in the building. Once we receive Special Use and are able to lock down a tenant we are in a better position to describe at Site Plan Review what is anticipated. We have dealt with environmental issues before with the LA Group. We contracted with CT Male and of course the DEC is the overriding regulatory agency. We will work with the City to assume compliance with the DEC. Amy Ryan spoke with the applicant regarding the possibility of air quality samples. Ms. Koury spoke regarding the accessible parking spaces and the location in proximity to the outdoor dining area. This will be reviewed at Site Plan review. Ms. Koury stated they are not proposing any outdoor entertainment. The hours of operation for the proposed tenant are 7am— 10 pm. The hours of 7am—3 pm they are proposing no table service so this will be a less intensive use. The market will be open 7 days a week. Mark Torpey, Chairman questioned the hours of operation. City of Saratoga Springs Planning Board November 1.2018-Page 4 of 9 Mark Torpey, Chairman spoke regarding the need for delineation of parking spaces. Mr. Novik stated it is our practice to maximize the effectiveness of the parking. Overlapping parking is very important to us. Bradley Birge,Administrator, Planning and Economic Development spoke regarding the Board looking at the parking in terms of impact. PUBLIC HEARING: Mark Torpey, Chairman opened the public hearing at 6:54 P.M. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. Susan Cooley, I live at 17 Martin Avenue,which is up the hill from this site. I do have some concerns about the trees for a barrier and buffering. Lighting is a concern as well. Mark Torpey, Chairman asked if anyone in the audience wished to comment on this application. None heard. Mark Torpey, Chairman closed the public hearing at 7:00 P.M. Mark Torpey, Chairman spoke regarding the Special Use Permit. The first item will be the applicant will address any environmental issues with the DEC to be remediated to their regulatory approval. The uses are office, retail and eating and drinking as welt as the outdoor eating area. Hours of operation will be 7AM-10PM, 7 days a week. No outdoor entertainment. Bradley Birge, Administrator, Planning and Economic Development spoke regarding the reference to the hours of operation. This project is in a T-5 zone and there are other businesses in this area which do not have the restrictions on the hours of operation and the Board would not want to be inconsistent. If you feel the need due to the uniqueness of the operation to set hours of operation than that is something the Board can implement. Clifford Van Wagner spoke regarding hours of operation and the lack of a formal tenant, the hours of operation could be implemented during Site Plan once a tenant is secured. This is a T-5 zone and this is a commercial and residential zone with a variety of uses. Clifford Van Wagner made a motion in the matter of the Starks Market, 62-64 Excelsior Avenue for a Special Use Permit that the application be approved with the following condition-that the applicant will address any environmental issues with the DEC to be remediated to their regulatory approval. Bob Bristol seconded the motion, Mark Torpey, Chairman asked if there was any further discussion. None heard. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor; Amy Ryan, Alternate, in favor MOTION PASSES: 5-0 3. 18.045 OLD SCHUYLERVILLE ROAD SUBDIVISION, 104 Old Schuylerville Road Subdivision, 104 Old Schuylerville Road, Sketch Plan Review for a 3-lot Conservation Subdivision within the Rural Residential District. City of Saratoga Springs—Planning Board November 1,20t8.Page 5 of 9 Mark Torpey, Chairman stated this is a large piece of property with significant wetlands. The Board is being requested to provide some input and comments back to the applicant to improve the design of what is being proposed. SEQRA: None at this time. BACKGROUND: Applicant owns 55+acres lot east of Bog Meadow Brook between Old Schuyierville Road and NYS Route 29. Farmhouse access is from Old Schuylerville Road and will remain so. Applicant wishes to create 2 additional lots with 1 shared driveway from NYS Route 29. Applicant: Katherine fvlacica Agent: Dave Carr, LA Group Mr. Carr stated he is here this evening with the applicant and her daughters. They have owned this property for over 100 years. Mr. Carr provided a visual of the 55+acre property noting the placement of the acreage with residential homes surrounding the site as well as a portion bordering on Route 29. The parcel includes a single family home, some barns and fields and the remainder of the land is wooded with 60%of the lands being wetlands. Due to the fact that we are in a Rural Residential zone, we are required to go through the conservation subdivision process. We will be requesting a waiver of that process. We did go through the conservation subdivision calculation and minus the constrained lands and steep slopes and by that calculation this project will support 12 lots. We have had several conversations with the family and in Mr. Carr's opinion this land does not support 12 lots with the geography of the wetlands and how it is laid out. The family would really like to maintain the farm and sell that as one large piece and then two additional lots off of Route 29 with a common driveway. These would be approximately 10 acres each. These wetlands have been flagged and mapped by a wetland biologist and surveyor. We also had the opportunity to get DEC out in the field. That is what we are proposing. Lot#2 and Lot#3 will share the common driveway. There are some restrictions with a shared driveway. The pavement is usually a little wider than the 150 feet with a turnaround at the end for emergency apparatus. The City has its own language which could be used as an easement between the two property owners. It is being used more and more. The reason why we are requesting a waiver of subdivision is because I have had a lot of experience with these and it hasn't been good. The way the City's code is written to have a conservation subdivision the land that is to be held in conservation easement which in an IRR-1 zone is at least 50%of the buildable land and it makes sense to put as much of the constrained land as possible and can be owned by individual lot owners. However, there has to be a regulatory layer over the conservation easement which must be held by a third party, nonprofit,which is very difficult to find. I reviewed the City's Open Space Plan and there is no significance attached to this piece of property. This is a sketch plan,there is no vote. The applicant's are looking to see if this was something which could be approved in the future. Mark Torpey, Chairman spoke with Bradley Birge and when they reviewed the Conservation Subdivision requirements one of four conditions must be satisfied. Bradley Birge, Administrator, Planning and Economic Development stated the broader picture is to conserve sensitive lands. These sensitive lands can be conserved for several reasons they can be active conservation areas, like trails, vistas, view sheds these sorts of things. They can preserve sensitive historical archeological resources or simply to protect habitat or watershed protection. Each of those have different layers of public access or no public access. as well as the oversight, The perpetual conservation easement language is in there in order to provide a mechanism so that should there be a violation in the future,there is mechanism for oversight and monitoring and curing of any violations. This can be done in several ways. One of these is to create a third parcel which contains all of those constrained lands. The question is who owns that parcel,who manages that parcel. The City has done that in the past,to see that it is appropriately conserved, and appropriately deed restricted. City of Saratoga Springs—Panning Board November 1 2018 Page B of 9 Discussion ensued concerning the management of the conservation subdivision. Mark Torpey, Chairman stated he is pretty comfortable with what we are seeing in this application. Bradley Birge, Administrator, Planning and Economic Development stated in order for the Board to waive the conservations subdivision the applicant must satisfy four requirements. Mr. Carr stated we would then go follow the same process but the parcels would have deed restrictions on them for those areas. Bradley Birge, Administrator, Planning and Economic Development stated this would still be identified as a conservation subdivision. You are establishing conservation areas. You have completed the conservation analysis; you have identified the constrained areas, and the developable lands. You have identified where the 50%of the land is going to be conserved. You have progressed with the intent of a conservation analysis. Clifford Van Wagner stated this make sense and looks to be a very responsible way. The applicants are looking for a 3- lot subdivision when in fact the subdivision could be much larger. Amy Ryan spoke regarding the construction of the driveway and using eco friendly materials. Mr. Carr stated this is a driveway and does not have to follow roadway standards. Emergency apparatus must have access. We would follow the terrain of the site and remove as few trees as possible. Patty Smaldone, daughter of Kitty Macca stated her father was born and raised on this property. We have tried to sell the property and now are working with Dave Carr and the LA Group, This land has no historical quality. Mark Torpey, Chairman stated the Board is very comfortable which was presented this evening. 7:30 P.M. The Board recessed, 7:38 P.M. The Board reconvened. 4. 17O61 &1O.062 STATION LANE APARTI'vIEN TS ASKEW Station Lane, SEQRA evaluation (Special Use and Site Plan)for 27 multi-family residential units within the Transect-5 Neighborhood Center District. Mark Torpey, Chairman stated what is before the Board this evening is SEQRA evaluation. This is now a 27 unit multi-family project,this has come down in size since their last appearance before the Board. The project consists of two-3 story 12 unit buildings and three two-story row house structures containing a total of 27 residential units. The Planning Board has sought Lead Agency Status on October 12, 2017 and the DRC and ZBA have deferred Lead Agency Status to the Planning Board. We did have some issues which were discussed at the workshop regarding civic space and extending the sidewalks throughout the entire property and also some concerns regarding the individual driveway cuts to the townhouses and the impact on pedestrian connectivity. SEQRA: Action appears to be Unlisted. Bradley Birge,Administrator, Planning and Economic Development stated this project is listed as an unlisted action. As discussed with 3 other active applications before the Board within Station LaneNVashington/West,the Board is ensuring stormwater,utilities, and traffic are considered comprehensively among 4 active projects in the area. Board sought Lead Agency Status on October 12,2017. DRC and ZBA have deferred Lead Agency Status. The applicant has provided Part I of the Long EAF. City of Saratoga Springs—Planning Board November 1,2018 Page 7 of 9 Applicant: Richard Askew Agent: Scott Lansing, Lansing Engineering; Mike Toohey,Attorney; Wendy Holtzberger,VHF Engineering Mr. Lansing stated the Board is familiar with this project. The applicant has appeared before the Board previously, Our primary goal this evening is obtain a SEQRA determination so that the applicant can proceed to the ZBA for a variance which is required for the project. We will review the site plan this evening. We will return before this Board if we are successful at the ZBA. Mr. Lansing provided a visual of the 8.42 acres site. The parcel is vacant at this time and is located in the T-5 district. There are wetlands on the parcel. DEC wetlands have been delineated as well as the 100 foot buffer. We do have a permit from the DEC for the buffer impacts. The project is in accordance with the1-5 zone. This is now a 27 unit multi-family project consisting of two-3 story 12 unit buildings and three two-story row house structures containing a total of 27 residential units. Mr. Lansing reviewed all building and elevations. Parking to the rear of the units. 1.5 spaces for each unit, 44 parking spaces to be provided as well as street parking on Station Lane. One dumpster pad will be provided. Streetscape elements to be provided street trees and sidewalks. There will be all around access to the building. Civic space will be connected by pedestrian walkways. Recreation fees will be provided. A variance will be required for frontage build out. If the Board deems this appropriate we will proceed to the ZBA. Consideration of extending the sidewalks and curbs down to West Avenue was brought up at the workshop. In reviewing this we do have the DEC buffer and wetlands. We are looking at this area but we do need to stay out of the buffer area. With this in mind we do have a midblock crosswalk proposed. Civic space also was a concern at the workshop. The applicant is working on that and we will present this at site plan. Row houses and driveways were also a concern. Mr. Lansing provided a view of the circulation in this area. Very limited trips to impact on Station Lane. Wendy Holtzberger will review the traffic study information. The City Engineer did bring up concerns regarding the sanitary sewer and stormwater management practices. Mr. Wales did have an opportunity to review the Bergman sanitary sewer report as well as the LA Groups report and did speak to the impact on the pump station in this area and perhaps the addition of a generator to be considered and improvements to the pump station to accommodate the increased use. Ms. Holtzberger, VHB provided information regarding the traffic study and the impact of this project. This project with 27 units will add 12 additional trips in the AM peak hours and 15 trips in the PM peak hour. That is substantially less than DOT thresholds and is not a significant volume to create an impact. West Avenue and Station Lane Intersection were operating at Level D or better. The visibility is good. Mark Torpey, Chairman questioned extending the sidewalk to the end of the property despite the wetlands. Bradley Birge,Administrator, Planning and Economic Development stated obviously we wish to create linkages with the sidewalk for pedestrian accessibility to try to mitigate some of the traffic increases which will occur. Station Lane is within the buffer. It does appear that the sidewalk can be extended in this area without impacting the wetland buffer itself. Discussion ensued regarding providing sidewalks to the end of the site. Amy Ryan stated continuity is key in this area. This is the gateway to the City via train. Mark Torpey, Chairman stated this can be discussed further at site plan. Perhaps including the City Engineer in the conversation would be helpful to see if the pedestrian connectivity can be accomplished. What is proposed for the civic space? Mr. Lansing spoke regarding the civic space is not completely developed at this time. Mr. Toohey stated public art and history information regarding the City and the rail station would be a perfect tie in. Mark Torpey, Chairman stated Tim Wales, City Engineer did voice some concerns regarding the stormwater management and the challenges it could present in this area. City of Saratoga Springs—Planning Board November 1.2018-Page 8 of 9 Mr. Lansing stated they would have to prepare a full SVVWPP for this area and it is required. Mark Torpey, Chairman asked if there were any further questions or comments from the Board. None heard. Mark Torpey, Chairman reviewed and provided some of the specifics of the projects proposed in this area. This is part of a larger analysis in the area for the Boards information. Clifford Van Wagner made a motion in the matter of the Station Lane Apartments, Station Lane, that the Planning Board accepts Lead Agency Status for SEQRA. Amy Ryan seconded the motion. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton, in favor; Amy Ryan, Alternate, in favor; MOTION PASSES: 5-0 The Board reviewed the SERA Full Environmental Assessment Form Part I submitted by the applicant. It is complete and accepted by the Board. The Board reviewed the SERA Full Environmental Assessment Form Part II. SEQR DECISION: Clifford Van Wagner stated that based upon the information provided by the applicant in Part I of the SER Short Environmental Assessment Form, and analysis of the information provided and presented in Part II of the SEQR Short Environmental Assessment Form, I make a motion for a SEQR negative declaration since the project will not result in any large and important impacts and, therefore, is one that will not have a significant adverse impact on the environment. Ruth Horton seconded the motion. VOTE: Mark Torpey, Chairman, in favor; Clifford Van Wagner, in favor; Bob Bristol, in favor; Ruth Horton,in favor; Amy Ryan, Alternate, in favor; MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Mark Torpey, Chairman adjourned the meeting at 8:40 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 12-6-18 City of Saratoga Springs—Planning Board November 1,2018-Page 9 of 9