The High Rock Multi-Use Proposals: Fatally Flawed

ProposedBuildingsI contacted an old friend who is an experienced developer to try to better understand the proposals submitted in response to  the RFP for the city’s High Rock Parking Lot Redevelopment.

I have struggled through both proposals and watched the videos of their presentations.   What struck me most about the proposals were the many unanswered questions and assumptions.

My friend explained to me that there are a number of problems with responding to RFP’s such as those issued by Saratoga Springs.  Foremost is the cost.  Basically developers are acutely aware that the chances of being selected and of then reaching an actual agreement are quite low.  It is hard to rationalize spending a lot of time and money on RFPs.  So respondents come up with some ideas and try to package them into a credible document that can get them “in the door.”  Once they have been selected and have a firm agreement they begin the real work.

He noted that there is a very wide range of character in the developers who pursue these agreements.  Some produce proposals that they honestly believe can be done and are committed to achieve as much as possible.  Others produce proposals that are purely meant to appeal to the fantasies of the municipal organizations issuing the RFPs.   This end of the spectrum expects that the municipality will in the end accept a shadow of what was promised.  The fact is that it is rare that what is proposed does not end up significantly modified and in most cases significantly downsized.

Many factors will contribute to the modifications.  When a full market study is actually done to find out the demand for something like commercial or retail space, it may turn out that there is less demand than initially assumed.  Actual engineering may expose serious problems with the site of the project.  The level of available financing may turn out to be far less than anticipated.  A particular, large tenant may decline to go through with purchasing or leasing space.

Sequence Development is one of the two companies responding to Saratoga Springs’ RFP for the High Rock Parking Lot Redevelopment.  Recently Sequence Development was awarded the redevelopment rights for 1 Monument Square, the land on the Hudson River where the Troy City Hall once stood.  This project has experienced major problems.  An article from the October 9th edition of the Albany Business Review tells the basic story( Link To Business Review Article) .  Reporter Michael Demasi characterizes the project as having been “repeatedly delayed and redesigned.” The article goes on to note “The comments at the IDA meeting laid bare the challenges the development team faces as it seeks an unspecified amount of tax breaks critical to financing the project.”The full article is well worth the read.

In the July 21st Times Union, reporter Ken Crowe wrote, “ The 1 Monument Square project is being redesigned again as architects, business owners and residents question whether the proposed redevelopment plans are right for the city. The design and appearance of the mixed-use building, the Troy Waterfront Farmers Market inclusion in the structure, the use of public funds, lack of a public parking garage and the closing of Front Street were among the issues raised at the Planning Commission meeting Tuesday night.”Further in the article he writes, “Evan Doublas, dean of Rensselaer Polytechnic Institute School of Architecture, said there’s a ‘communal sense of disappointment’ over the failure to redevelop the former 1.5-acre City Hall site between River Street and the Hudson River, and that the current proposal [Sequence’s] ‘is not worthy of Troy.’”  Link To Times Union Article

 

1 Monument Square has apparently already been downsized but even in its current incarnation, it remains to be seen whether it will survive.  Whether this was a case of an overambitious sales pitch or a series of bad luck events, I do not know.  It is, however, a cautionary tale about just how difficult these kinds of large projects can be when developers attempt to deliver on their promises.

There is another factor to consider.  My friend tells me that there is currently a lot of cheap money around in the real estate market.  Investors are finding it difficult to find attractive places to put their money and he tells me developers are benefiting from this.  Is this potentially another bubble?  How much money can a developer make playing with other people’s money?

Saratoga’s RFP: The Parking Issue

The Saratoga Springs RFP calls for a minimum of 600 parking spaces.  “Fundamental to this proposal is the requirement to address the current and envisioned parking demand for the Saratoga Springs City Center, City Hall, existing and proposed nearby activities, in addition to being available to the general public and downtown businesses.”  I have emailed Brad Birge, head of city planning, to ask where the 600 number came from (he never responded).  I checked with Mark Baker and neither of the applicants for this project ever contacted him to determine the needs of the City Center.  As far as I know, they never contacted anyone at the city to determine what the city government’s parking needs are. (They currently park a significant number of cars in the lots).

It is important to note that the parking issue is complicated by the fact that the City Center’s parking needs can radically fluctuate depending upon the events scheduled.  To dedicate a set number of spaces to the City Center would be a very inefficient use of parking spaces.  This represents a challenging design problem.  As far as I can tell, neither of the applicants effectively addressed this issue.  Paramount, one of the two respondents to this RFP, proposes to designate one of three levels of parking to the City Center.  They also say they plan to provide spaces to the City for its vehicles.  The number of spaces for the city is not specified. Sequence Development proposes  592 spaces which is less than the 600 minimum called for in the RFP.

The City Center proposes a facility with 480 spaces all of which are open to the public for paid parking.  In addition, after the facility is built there will still be 91 spaces left on the existing parcel.  This represents 571 spaces.   My guess is that the 600 space minimum may have meant the spaces required for the essential needs of the city before any additional needs are created for whatever else the developer builds.  If Brad Birge ever responds I will post how he came up with the number.  If in fact this is the number of spaces required before adding on any additional needs from the projected additional tenants then the two proposals have woefully under calculated the number of needed parking spaces.

I spoke to a local prominent developer and asked why he had not submitted a proposal for this RFP.  He told me that the parking that would be required to meet the current city needs plus the additional needs of any mixed use development asked for in the RFP, given the size of the parcel, made the project unworkable.

The Proposals

The written proposals and a video of the City Council meeting at which they made their presentation is available on the City’s web site.

Link To Podcast Of Presentations By Developers

[I could not find the link on the new city web site to download the proposals from the two applicants.]

So let’s take a look at the actual proposals and presentations.  Given the length of the documents I fully admit that the summary that follows is really my impressions.

The Sequence Proposal

ProposedBuildings

The table below is from their proposal:

Table

This project, to be charitable, is by their own characterization more concept then actual proposal.  It includes a skeletal set of elements.  The primitive nature of their graphic rendering reflects this.

The following people did the presentation for Sequence:

Jeff Hyman of Hemisphere

Jeff Buell of Sequence Development

Mike Phinney of Phinney Design Group (Oddly enough I could not find him listed in their formal proposal document)

A representative from JCJ Architecture (They never gave her name)

Mike Phinney is part of their “team.”  Mr. Phinney is best known in the city as one of the owners of “The Local,” a restaurant and bar on the city’s West side. In fact, he is one of the principals of the Phinney Design Group which is a “multi-disciplinary Architecture, Interior Design and Green Building Consulting Firm” as described on their web site < Link To Web Site>.  Since he was not identified in their written proposal, I assume he was brought in late because of his local connections.

In his public presentation Phinney characterized their proposal as “conceptual plans” and a “process” but not a final design.  He explained that their team wants to schedule public forums and meetings to get community input.  This would be followed by a Charrette with the “stakeholders.”  All of this is meant to involve the community in order to insure that the end product would reflect what people want.

He went on to list a series of appealing images:

“Open Space/Green Techniques.”

“We can create pocket parks.”

“Pedestrian oriented.”

“Office and Retail Development”

“Parking is an opportunity”

The housing will be” work force.”

At one point he asked a member of the team to share her “sketches of thoughts”.

The proposal contains many, many ideas for how the buildings might incorporate green building including roof top gardens.  It speculates about providing space to the city government.  As should be apparent, the project is full of creative ideas but few specifics.

They indicated their hope to work out some sort of PILOT (Payment in Lieu of Taxes) and to potentially help pay for the parking through moneys from the Saratoga County Industrial Development Agency.

He did concretely offer that their plan was for a structure with four levels with 16,400 square feet per level.

Central to their plan in their written proposal was a large space meant for a major employer with from 150 to 300+ employees.  It is interesting to note that earlier in their written proposal they state that their target is a company with 50 to 150 employees.  Apparently there was a need for more rigorous proof reading.  For simplicity sake I am going to assume they will need 150 parking spaces for 150 employees.

They project 106,900 square feet of residential housing.  Their chart (see above) has a column titled “spaces.”  In the row that residential is on they have the number 100.  For the purposes of this analysis I am going to assume that they meant 100 units rather than spaces.  The city requires that there be 1.5 spaces for every unit of housing so they will need 150 parking spaces.

So if we add up the office workers’ needs and the residents needs we get a conservative 300 spaces.

I did a rough Google search on calculating parking for retail space.  According to one site I found, they recommend 6 spaces per 1000 square feet for restaurants and 2 spaces per 1000 feet of “retail-service establishment.”   For simplicity, I estimated that 25% of the retail would be for restaurants.   When you run their projection of 57,800 square feet you get 164 parking spaces.

So I get:                                                                Spaces

Office Employer                                               150

Residences                                                         150

Retail                                                                     164

Total                                                                      464

 

According to their proposal, they “suspect” that “approximately” 250 of the 592 spaces would serve the proposed office and residences.  They say this will leave 342 spaces for “…the Retail component on site, as well as the Civic Center Government needs, the City Center, and the public at large.”  I am not sure what they meant by “Civic Center Government.”  They probably meant the city government.

I calculate that they are actually left with 128 spaces for the City Center, the municipal government’s needs, and the public.  If this number were even remotely correct, they will fall well short of the parking needed.

Their plan does not include a direct connecting structure between their project and the City Center which was included in the RFP but was not made a requirement.

The proposal has them purchase the land from the city for $2,600,000.00 or about $1,000,000,00 per acre.  The city has not had the land appraised so it is unclear how generous an offer this is.

Reliable sources tell me that their retail space would be one and a third times the size of the current retail space on Broadway.  My uninformed opinion is that this is a stunning amount of additional retail for the downtown.  I feel confident that there have been no marketing surveys to show that the demand exists for this much retail.  I assume that were they to be approved for the project, they would do such a survey.  Were it to turn out that there did not appear to be the demand, this would obviously greatly affect this project.

JCJ Architecture which is part of this project does have an impressive track record of developments they have successfully been involved with.

As noted in the introduction to this post, these proposals cannot be seen as firm commitments.   Still, this proposal seems deeply flawed to me.

Paramount Development Proposal

Paramount’s proposal is a joint effort with Community Builders.  Community Builders has an excellent reputation.

Their plan involves the following:

Table

Interestingly, my sources indicated that the New York State Department of Housing and Community Renewal is very interested in funding housing in Saratoga Springs.  This would suggest that they might find state money for the subsidized elements of this proposal.

In their proposal they project 607 parking spaces.  They would dedicate the top level to the City Center with 259 spaces.  They would allocate 30 spaces for municipal vehicles and employees.  They would allocate 60 spaces for the market-rate and for-sale apartments.  They would allocate 80 spaces for the senior and young family apartments.  Finally, they would allocate 178 spaces for public parking.

The problem here is that the city requires 1.5 parking spaces for each housing unit.  Since the proposal is for 166 housing units this would require 259 parking spaces.  They are proposing only 140 parking spaces for the residences.

They have also not identified the additional parking required by their very ambitious retail plans.

They are planning for a 49,800 square feet of retail.  Using the same calculations for parking related to retail as with the Sequence proposal, I come up with a need for 150 parking spaces.

So the total parking required for this project for just the housing and retail would be approximately 400.  This would leave a balance of 200 spaces for the City Center, the City Government, and the general public.   Assuming that the City Center plan accurately handles the demands for its patrons along with the general public and that the additional parking in the lots is necessary for the public and the city employees and departments, this would result in an enormous short fall.

There also appears to be a fundamental flaw in their engineering analysis.  Their plan requires an underground parking level.  I understood from Mark Baker and from what Tommy McTygue said last spring at the library, that Village Brook which runs under the property, makes this option untenable.  One of the members of the Paramount group told me that their architect had determined from a soil sample that this was a viable option.  He told me that the Hampton Inn had gone down a level.  I checked on the Hampton Inn and found that this was not true.  Since they are planning three levels of parking, this would mean they would lose one third of what they had planned for.  As noted earlier, what they had planned for was inadequate.

My developer friend also told me that underground parking is very expensive to construct and very expensive to maintain.  He told me that his group does everything they can to avoid this.

While this proposal has about ten percent less retail, it still has a great deal of retail.  As with the Sequence proposal, I am skeptical about the viability for scale of retail they are proposing.

Final Thoughts

I am completely sympathetic with the value of a mixed use building that incorporates retail and residential space.  This is axiomatic to the new urbanism.  The problem is that no serious analysis was done about what is viable in the available space assuming that there is a need for a large number of parking spaces.

There were three key issues that needed to be thought through before this RFP was issued.

  1. The first, and it should have been obvious, is what is the value of the parcel?  Before any developer  took the time to prepare a proposal, they should have been told up front what the city wanted either in terms of a lease or a sale price.  If, for example, the land is worth more than the $2.6 million dollars offered by Sequence, then Sequence would have either had to reconsider its proposal in light of how much they had to pay for the land or maybe they would have decided the cost was too great and not answered the RFP.  I simply do not understand how the city could have issued an RFP without doing this basic assessment.  The Mayor has said that an appraisal will be done.  What if the appraisal comes up with a price of more than Sequence is proposing?  Does that void Sequence’s proposal?  I do not know.
  2. The second issue is the lack of clarity regarding parking needs. The  RFP requires a parking component that addresses “the current and envisioned parking demand for the Saratoga Springs City Center, City Hall, existing and proposed nearby activities, in addition to being available to the general public and downtown businesses.” It then states “It is expected that proposals would offer  public parking to serve a minimum of 600 vehicles.”   It is not clear if the figure 600 represents the basic number of spots the city needs.  If it does then the developer would have to create these spaces and then figure on top of that the parking spaces needed for the new commercial and residential space the RFP asks for. The respondents have not done this.  [I noted earlier that a local developer passed on this because he estimated that the parking spaces required to meet existing and new needs within the space allowed was unworkable.  He of course, is a local person who is more familiar with the parking issues in the city.]
  3. How much additional retail/restaurant space can the city handle?  It would be a very serious error to rely on the developers making these proposals to answer this question.  Empty storefronts are something this city needs to avoid!  The city needed to do this analysis before it issued the RFP.

A development of this scale is never going to be easy as I noted at the beginning of this prost.  The debacle that Troy is going through should be a cautionary warning to this community.  To simply go on faith that all the unanswered questions will be answered is simply folly.

The fact is that the rush to get an RFP out was politically driven.  To continue with this folly is to waste staff time and resources.

 

Moore Hall: Lawyer Magic – Creating Land Out Of Words

Here is an another example of just how much Bonacio Construction and Norstar Development have to push the limits of logic to achieve their goal for Moore Hall.

As people know, the current zoning only allows eighteen units on their parcel and they want to put in fifty-three.

Common sense would suggest that they would ask for a “density” variance .ie increase the density.  The problem is that the zoning allows for bonuses based on providing housing for seniors (50%), providing a recreation resource (20%), or open space (20%).  Their need exceeds these bonuses even if they could provide the required services.  Thus, they cannot ask for an increase in density.

So they are asking for an “area variance.”  They are asking to “virtually (as compared to actually)” expand their parcel so that it will be big enough to hold fifty-three units.  In order to get fifty-three units they would need to expand the existing parcel of land with an additional 102,807 square feet or two and a half acres.  This is three times what the actual parcel is.  So they want the Zoning Board Of Appeals to consider their parcel to be three times what it is so that it can handle the fifty-three units.

To put this in perspective they would need a piece of land two and a half times the size of a regulation football field (48,000 sqf). 

Football Field

How about the size of 21 college basketball courts (50X94)?

Basketball

How about 36 tennis courts?

Tennis

Russell Pittenger is the source of these graphics and this analysis.  As Russell Pittenger has pointed out “The zoning code was written to prevent, or at least discourage, the abuses that can result from too much density forced onto too small a site.  Like rats in a trap, the close quarters will exacerbate vehicular/pedestrian conflicts, jeopardize emergency vehicle response time and degrade the quality of life of the neighborhood residents.”

 

Hospital Expansion: There goes the neighborhood

Hospital Addition

Saratoga Hospital plan draws fire from neighbors

By Dennis Yusko (Times Union) on December 11, 2015 at 4:39 PM

  •  Saratoga Hospital will present its latest expansion plans on Tuesday amid neighbors’ concerns that its proposed medical building for Morgan Street would overwhelm the residential area and lower property values. The project hinges on the City Council authorizing the hospital’s application for a zoning change from urban residential to a planned unit development (PUD). After a handful of residents objected to the project earlier this month, Matthew Jones, an attorney representing the hospital, agreed to provide a 15-minute summary of the project during a public hearing scheduled for 7 p.m. Tuesday in City Hall. The project is opposed by some members of the Birch Run homeowners’ association, who live nearby and worry the large building will bring unmanageable traffic, flooding and light pollution. “This is just a very, very large project that is taking up one of the last green areas on the west side,” said Dean Higgins, an attorney who is president of the homeowners’ association. “I’m concerned for the whole neighborhood.” Founded on Church Street in 1911, Saratoga Hospital employs 2,200 individuals, and spends $750,000 on 10 leased locations in the area, Jones said. The proposed 53-foot high medical building’s interior would measure 75,000-square-feet, though the PUD amendment seeks 88,500-square-feet as a maximum size, Jones said. The project is the latest in a series of expansions the hospital has proposed.In an interview Friday, Morgan Street resident Jack Despart, who lives directly across from the proposed project site, said he wants the area’s zoning to remain residential. If the hospital develops the Morgan Street lot, it would cut into the value of nearby homes because no one would want to buy property that’s essentially surrounded by hospital facilities, Despart said. The hospital has an option to purchase the Morgan Street parcel from D.A. Collins. The City Council this summer adopted changes to the city’s Comprehensive Plan that allow for a medical office building to be constructed in the area. That led to the Planning Board in October to issue a favorable advisory opinion on the rezoning request to the City Council. The Planning Board also determined the medical building would not have an adverse effect on the environment. If the council approves rezoning the parcel, the project would return to the Planning Board for a site plan vote.
  • “I don’t want to walk out my front door and see a 50-foot building in front of me,” Despart said. “I can hardly get out of my driveway now.”
  • The facility just completed a $33 million extension of its surgical unit on the southwest corner of its Church Street property, and in the last couple of years, built a $30 million emergency center and a $3.6 million orthopedic center. Some homeowners in the area are beginning to feel boxed-in by the activity.
  • Map shows parcel where Saratoga Hospital wants to build an at least 75,000-square-foot medical office building. (Matthew Jones)
  • “This building is necessary for the hospital,” Jones recently told the council. The project is part of the hospital’s effort to increase efficiency and save money by centralizing physicians under one roof that is owned by the hospital, he said.
  • The hospital on Church Street applied to build an 88,500-square-foot medical office building with at least 300 parking spaces on a vacant 8.5-acre site located a few blocks away. The three-story structure would allow doctors and staff that work off-site to relocate into one medical building that is about 200 yards north of the hospital.
  • Rendering of Saratoga Hospital’s proposed medical building for Morgan Street in Saratoga Springs. (Provided by Matthew Jones).

Bob Turner’s Students Seek Help For Survey

Previously I posted the results of the research that Skidmore professor Bob Turner’s students did on this year’s city election.  He has asked me to get the word out that one of his students is doing an additional survey  on political engagement.  For those of us who worry about the current state of politics, anything that encourages the public to think about these issues is to be applauded and supported.  I hope the readers of this blog will take the time to respond to this latest survey.

Hi John,
If you could write a short posting asking your blog readers’ to take my student’s survey, she would be most appreciative. Bob

My student Rachel Thomeer is conducting a short survey on political engagement. Your responses are confidential and the survey should take 2-3 minutes to complete. Please share with your politically engaged Saratoga friends. Thank you for your time.
https://skidmore.qualtrics.com/jfe/form/SV_8DlILM0AzgjHl65

 

Mayor Yepsen Steps Up To ZBA Integrity Issue

As noted in an earlier blog Gary Hasbrouk, who sits on the Zoning Board of Appeals, was seen drinking with Sonny Bonacio and attorney Michael Toohey following the meeting in which they had applied to the ZBA for variances for Moore Hall.

A neighbor reports that he spoke to Mayor Yepsen about the issue of Gary  Hasbrouk’s lack of impartiality.  The Mayor told him that the City Attorneys had requested that Mr. Hasbrouk go on the record as to why he should or should not recuse  himself from voting on the Moore Hall variances.  Mayor Yepsen told our neighbor that while she had no authority to mandate that Mr. Hasbrouk abstain from the vote, she felt “adamantly” that he should abstain.

 

So Exactly What is the Asking Price for Moore Hall?

At the Saturday meeting, members of the City Council worried publically that if the Bonacio proposal for Moore Hall were not approved, the cost of demolishing it could mean that the building would stand indefinitely as a rotting hulk.  This prompted me to wonder just how much has Norstar been asking for the Pink Palace?

The result of my attempt to find out is in the email below that I have sent to the members of the City Council and to the Zoning Board of Appeals:

We know that Norstar Development  paid Skidmore College $1,250,000.00 for Moore Hall.  What we do not know is what price they have been offering to sell it for during the last ten years.  We also are in the dark as to how much Bonacio Construction has offered for the property.

At Saturday’s neighborhood meeting with the City Council a number of commissioners expressed concern that the costs associated with the demolition of Moore Hall might make an alternative to the plan Bonacio was offering prohibitive.  The fear of course, encouraged by Norstar and Bonacio Construction, is that if they are not allowed their variances, Moore Hall will sit idle and deteriorating forever.  Given the fact that nothing has been done to the building in ten years, this narrative has an easy appeal.  Unfortunately, this scenario has never been soberly scrutinized.  As public figures who manage complex offices, the members of the City Council should know better than most the risks of drawing conclusions based on assumptions.

Following Saturday’s meeting I began making inquiries about how much Norstar Development is asking for the Moore Hall parcel.  I was amazed to find that there are no available records stating an asking price.  An internet search produced a resolution by the State University of New York to authorization the purchase the property for about two and a half million dollars back in 2011.  Subsequent searches, however,  failed to reveal why the sale did not go through.

I spoke to several local realtors and asked if the property had ever been listed locally.  The answer was that neither of them had ever seen an offering for it.  Both noted that they follow the local market closely and neither could recall any offering of the property let alone a price.

I then spoke to a friend who is a major developer.  He told me that it would not be offered under a local listing for a variety of reasons.  He told me that the closest thing to a listing for a parcel like Moore Hall would be by one of the national real estate firms that specialize in large, multi-family buildings.  He also had never seen any offering of the property.

He explained that with a building like Moore Hall a developer would use his contacts and his knowledge of the industry to periodically check for interest when the developer felt the market conditions were favorable.

So the reality is that we really do not know what Norstar has been asking for the property.  My friend noted that Moore Hall sits in one of the prime locations in Saratoga Springs making it a very desirable piece of land.  It is not at all unusual in the real estate industry, he told me, for an owner of such a parcel to hold the property for years in light of its potential.   Much depends on what the carrying cost and taxes are.

It is also very important to note that we have no idea what Bonacio Construction has offered Norstar as part of their agreement.

My friend offered the obvious: If Norstar is holding the property and paying the carrying costs and paying the taxes it is because they believe that at some point they can sell it or develop it.  The only way to get an honest sense of if viable alternatives might exist for the property would be to press Norstar on how much they have been asking for the land and to document how rigorously they have marketed it.   Lacking that information any assumptions about the potential for plans other than what Bonacio is offering to do with the parcel are simply blind guesses.

While it is to the developer’s advantage to promote the narrative that Bonacio Constructions proposal is the last hope for development of the property, the process would be better served if the members of the Council refrained from offering credibility to what can only be conjecture.

 

 

Big Community Turn Out For City Council Moore Hall Meeting

[CouncilMembers

[From left to right: Franck, Madigan, Yepsen, Scirocco, Mathiesen]

TonyIzzo

[City Assistant Attorney, Tony Izzo]

SiteVisit

[Council Members “inspect” site]

Neighbors

NeighborSpeaks

[Community Turns Out In Force and Addresses Council]

The City Council convened the meeting at the Empire State College auditorium on Saturday morning to hear neighbor’s concerns about Sonny Bonacio’s plans to re-purpose Moore Hall.  After the pledge of allegiance, it was announced that Council members would be leaving to visit the Moore Hall site and that the people attending the meeting could not join them because only the Council had permission to go onto the site.   This was unfortunate because there are many problems with the site that a number of particularly well informed members of the audience could have pointed out to them.

When the Council members returned, the Mayor explained that the meeting would follow the normal procedures.  The attendees would be allowed two minutes each to address the council.  Assistant City Attorney Tony Izzo then explained that the land use boards were independent bodies created by the Council.  He noted that the Council could dissolve these bodies but the City Council cannot use its authority to dictate to these boards.  In answer to a question, he acknowledged that there was precedent for a City Council to sue its own boards to overturn a decision.

Over the next forty minutes many spoke to the Council.  It was really a rather Jimmy Stewart “Mr. Smith Goes To Washington” experience.   Every speaker expressed their concerns thoughtfully and with dignity and sincerity.

This blog has already gone through the issues that concern the neighbors about this development so I will not repeat them.  What was important at this meeting was that the attendees fully understood that the Council could not overrule the Zoning Board of Appeals.  What the Council was asked to do by a number of speakers was to use its status as the elected representatives of this city to urge the ZBA not to grant the waivers on the basis of the arguments put forth at the meeting.

Before going over the statements made by the Council following the public comment period, a little history is in order.  Apparently on Friday (the day before this meeting) the City Attorney who works under the Mayor contacted members of the Council advising them that they should refrain from making statements at the neighborhood meeting about the Moore Hall proposal because of potential litigation that might follow a  ZBA decision.

The timing of this advice seems rather odd.  Commissioner Mathiesen had discussed having this meeting in the neighborhood at the Council agenda meeting last Monday and at the Tuesday night City Council meeting.  Concerns about the degree to which the Council could comment at the neighborhood meeting never arose. Commissioner Mathiesen discussed reservations he had about the Moore Hall Project at both Council meetings and nothing was said about the risk the city might face by him expressing his opinions. In fact, in light of the many controversies, especially over land use issues, commonly discussed at Council meetings this seems especially odd.  It was fully assumed that the Council would not only hear from the neighbors but would engage in a discussion about the Moore hall proposal at Saturday’s meeting.  If the Council would in effect have a gag rule imposed then everyone deserved to know this prior to attending the event.

As it turned out, the Council did discuss the project.  I think their willingness to enter into a discussion can be understood by a comment by Commissioner Madigan when she said “I never expected to see this many people at this meeting.”  Given the size of the crowd and the substance of their many comments, it would have been hard to imagine Mayor Yepsen being able to credibly simply thank people for coming and close the meeting.

What They Said

Mayor Yepsen made one significant admission.  She agreed that the proposed units cannot be characterized as “affordable housing.”

In an interesting development, she reported that the planning office (in response to correspondence from the neighborhood group)  is now requiring the applicant to secure yet a third variance from the Zoning Board of Appeals having to do with the many problems with their plan for the parking lot.

Other than that she said nothing to acknowledge that she had any specific problems with the project only noting that there were “may things to look into.”  Mainly she congratulated the attendees for coming out and she spoke about her plans to bring affordable housing to the city.

Commissioner Franck recalled that he was on the City Council when it approved the change in the zoning for the parcel in 2006.  He said that his support had been primarily motivated by the applicant’s promise to remove the Pink Palace from the site.  He said he had been quite skeptical about the financial viability of the original proposal.   The significant issue here is that it confirmed that the approval of the zoning change was based on the assumption that Moore Hall would be demolished.

Commissioner Scirocco was refreshing in that he made clear that he thought the project was inappropriate and he shared the neighbors’ concerns.  He said that while the Council could not require the ZBA to deny the project that he would communicate his concerns to them.   He received a warm round of applause.

Commissioner Madigan praised the crowd for their attendance and for their thoughtful remarks.  She reminded the crowd that they needed to bring their concerns to the ZBA.  She made no reference to any specific problems with the project.

Commissioner Mathiesen  noted that the Council had no authority over the Zoning Board of Appeals.  He discussed the challenges that would attend the cost of demolition.  He noted that he had serious concerns about many aspects of the project.

Originally, I held little hope that the Zoning Board of Appeals would deny the variances being requested by Sonny Bonacio.  After all, the ZBA is dominated by the real estate industry.  I feel cautiously hopeful now.  The combination of the clearly demonstrated broad opposition to the project, the very poor job the applicant has done in the design for the project, the extreme scale of the variances they are asking for, and the great job done by members of the community to research and document the flaws in the project, has created an overall case that makes it very hard for even the ZBA to approve this proposal.

Wonder Who Saratoga PAC’s #1 Target Was?

PACs must report to the New York State Board of Elections how they allocated their money in support of candidates (Who they do not coordinate with…wink wink).

This is a copy of the Saratoga PAC’s report to the NYSBE for the 2015 elections.

SaratogaPac

The image is hard to read so here are the key numbers.

Candidate                                                           Spent

Michele Madigan                                             $2,097.67

John Franck                                                        $2,097.67

Bill McTygue                                                       $5,954.22

John Safford                                                      $5,954.22

Rick Wirth                                                            $18,369.35

 

John Franck had no opponent and Michele Madigan had a very weak opponent.  They received the least support.

Bill McTygue and John Safford received more support but still pretty modest.  Joanne Yepsen did everything she could to support the Casino expansion without being too obvious and she has been very protective of Saratoga National Golf Course. The PAC also might have felt she was likely to win. These are the only explanations I can think of for the PAC’s tepid support for her opponent. As for the Public Works race,  Skip is, after all, a Republican, he went to their fundraiser and again was going to be the likely winner which may explain the modest support for his opponent.

Not surprisingly, the number #1 target of the PAC was Commissioner Chris Mathiesen.  They gave Rick Worth a whopping $18,369.35.  Mathiesen along with Scirocco have been the two elected officials who have steadfastly protected the greenbelt.

Congratulations to Chris Mathiesen for being the #1 PAC target and for winning the election.

 

 

Moore Hall Future #2?

I received another email from Sonny Bonacio.  He indicated that his team was “regrouping” to come up with some new solutions in response to the criticisms offered at the last Zoning Board of Appeals meeting.

As Yogi Berra wisely observed: “It ain’t over ’til its over.”

Moore Hall Project Future?

I had been corresponding with Sonny Bonacio on whether he would be attending the Saturday morning meeting.  This morning I received an email from him saying his company’s proposal for Moore Hall had been pulled from Monday night’s Zoning Board of Appeals meeting.  He indicated that he was unsure when they would be back in front of the board in the future.

I understood from the last ZBA meeting that two of the members would not be attending the Monday night meeting so I thought board itself might delay a vote.  Still, Sonny’s indication that there were no current plans to go back before the ZBA could imply that he may scrap the project.