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Theresa A. CapozzolaGilbert RoadSaratoga Springs NY 12866July 23, 2015The City of Saratoga Springs Planning BoardAttn: Mr. Mark Torpey, Chair Planning BoardCity Hall 474 BroadwaySaratoga Springs, NY 12866Re: Saratoga National Golf Course Text AmendmentDear Chairman Torpey :I attended the July 22, 2015 Planning Board meeting and have several questions regarding the proceedings: First, I want to make sure I clearly understand: Is the taxpayer paid outside Legal Counsel for the City really going to be paid to meet privately with the applicant/developer’s attorney to devise language to circumvent our comprehensive plan and modify our current zoning for the applicant’s sole benefit? Is this now a “joint” application between the City of Saratoga Springs and Saratoga National to modify the zoning to assist Saratoga National in their development plans? I would have thought that SNGC has their own legal counsel whose job it would be to propose language and it is then vetted by our City Council and attorney? Please note this is a much different situation than an applicant who has an “of right” development. They should be assisted through the planning board process to make the application process smoother. Instead, this is a change of policy and is the people’s business. Can I have access to the City land use attorney to help me frame an argument as to why this text amendment is inappropriate? Probably not. Second, why does the City (City Council, Planning Board, etc.) continue to entertain a proposal that is based on: “The largest dedication of greenspace in the City of Saratoga Springs since the State Park” (that is a quote from Attorney Toohey statements at the July 22, 2015 Planning Board meeting and has been a consistent theme) when no one has seen any paperwork on how this “dedication” is going to legally take form and effect. We are spending all this time and energy on what could be a false promise. I question when a developer’s representative makes promises of benefits that will be bestowed upon the City without any proof, as this is a popular and frequently used mechanism by developers. In 1992 ( I believe that is the year) Tom Deveno and Adirondack Community College also, represented by Attorney Toohey, wanted to develop a college campus and office buildings at Exit 14. The project received support based on the promise of “restrictive covenants” that would be placed in the deed to forbid future development of the site. After months of public debate a public hearing was held and two prominent real estate attorneys stated that the restriction as Attorney Toohey proposed it, was unenforceable and therefore would not protect the City from future development. In 2002, the Anderson Group proposed affordable housing at Exit 14. This proposal caused years of public debate only to find out during a trial that no real work on pursuing affordable housing tax credits, which they said were crucial to their building of affordable units, was conducted. Well over a decade ago, Excelsior Park promised workforce housing and trails in exchange for a change in zoning, and we’re still waiting for those conditions to be met.So why, if we are being lured to change our zoning on the promise of “The largest dedication of greenspace in the City of Saratoga Springs” has no one asked to review in advance the legal paperwork supporting that “dedication”? Third, developers are not the only land owners in the RR-1 Conservation Development District. Attorney Toohey continues to repeat “You can’t tell people ‘you can’t use their property in a reasonable way’.” Many people are using their property in a very reasonable way, and without complaint - as their residence – because it is a residential zone – that is why we don’t want a resort hotel as a neighbor. Sincerely, Theresa A. : Joanne Yepsen, Mayor John Franck, Commissioner of Accounts Michele Madigan, Commissioner of Finance Anthony Scirocco, Commission of Public Works Christian Mathiesen, Commissioner of Public Safety ................
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