State court remand sends 115 Circular Street driveway back to Design Review Board; neighbors raise permeability and drainage concerns

A state-court decision has sent the design-review approval for driveway work at 115 Circular Street back to the Saratoga Springs Design Review Board for further action. At the May 14 meeting the board reviewed the judge’s order, heard public comment from an adjacent neighbor and decided to table the matter while members re-examine the record and prepare a written finding addressing the court’s two questions.

Judge Walsh’s order (quoted aloud to the board at the meeting) found the board’s earlier approval “arbitrary and capricious” because the application record submitted to the board did not include required color photographs showing the full area in question and did not show the shared nature of the driveway. The judge also noted questions in the record about permeability and whether the board had considered or waived applicable…