Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JANUARY 9, 2012 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:30 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Secretary; Gary Hasbrouck; George “Skip” Carlson; Adam McNeill STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Joe Scala, City Attorney, City of Saratoga Springs ELECTION OF OFFICERS Susan Barden, Senior Planner stated as an initial step in the first meeting of the year is the nomination and election of officers for the 2012 year. Susan Barden, Senior Planner conducted the annual elections for the year 2012. The nomination for officers will be held in the order in which they appear on the letterhead. Board Chair: A nomination of Bill Moore to continue as Chairman of the Zoning Board of Appeals was moved by Skip Carlson. Motion was seconded by Adam McNeill. No further nomination for the office of Chair. Motion was made to close the nominations for the office of Chair by Keith Kaplan. Seconded by Skip Carlson. All in favor to close the nominations for the office of Chair signify by saying aye. All in favor: Ayes all, nayes none. Motion carries 5-0. Board Vice-Chair: A nomination of Keith Kaplan for the office of Vice Chairman was moved by Skip Carlson. Motion seconded by Bill Moore. No further nominations for the office of Vice-Chair. Motion was made to close the nominations by Gary Hasbrouck. Seconded by Bill Moore. All in favor to close the nominations for the office of Vice-Chair signify by saying aye. All in favor: Ayes all, nayes none. Motion carries 5-0. Board Secretary: A nomination of Adam McNeill for the office of Secretary was moved by Skip Carlson. Motion was seconded by Keith Kaplan. No further nominations for the office of Secretary. Motion was made to close the nominations by Bill Moore. Seconded by Keith Kaplan. All in favor to close the nominations for the office of Secretary signify by saying aye. All in favor: Ayes all, nayes none. Motion carries 5-0 Vote for Chair: Votes in favor of electing Bill Moore were unanimous. 5-0. Vote for Vice-Chair: Votes in favor of electing Keith Kaplan were unanimous. 5-0. Vote for Secretary: Votes in favor of electing Adam McNeill were unanimous. 5-0. ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being taped 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. APPLICATIONS ADJOURNED TO JANUARY 23, 2012 3. #2628 5 EAST BROADWAY SUBDIVISION, 5 East Broadway, area variance for a proposed three-lot subdivision; seeking relief from the minimum mean lot width requirement for each of the three lots in the Urban Residential-2 District. 4. #2526 SUNOCO SIGN, 154 South Broadway, use variance to re-brand existing gas station signs and canopies in a Transect-5 Neighborhood Center District; seeking relief from the maximum number of signs per parcel. 5. #2507 SIRO'S RESTAURANT, 168 Lincoln Avenue, interpretation and use variance to operate a restaurant year- round in an Institutional-Horse Track Related District; seeking relief to exceed the 90 day restriction on the operation of the eating and drinking establishment. 6. #2355 CELLCO PARTNERSHIP AND VERIZON WIRELESS, 252 Washington Street, use variance for the construction of a telecommunication facility in a Transect-5 District. NEW BUSINESS 1. #2641 MACVEAN RESIDENCE, 120 Middle Avenue, area variance for an addition to an existing single-family residence; seeking relief from the maximum lot coverage for the principal building requirements in the Urban Residential-3 District. AREA VARIANCE CONSIDERATIONS REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum lot coverage principal building 30% 39.1% 9.1% SEQRA: This appears to be a Type II action, and therefore exempt from further SEQRA review per 6 NYCRR Part 517.5(C)(9). DISCLOSURE: Adam McNeill stated Jessie Boucher, agent for the applicant is a friend of his, and that relationship does not provide an inability to provide unbiased ruling on this matter. No need for recusal. Applicant: Colleen and Colin MacVean Agent: Jessie Boucher, Kodiak Construction Mr. Boucher stated basically this is a home that currently has two bedrooms, one within the existing main structure and one in a later addition, built by the homeowner decades ago. The construction quality in the rear of the house is poor and not adaptable or unusable. They are currently proposing removal of the rear bedroom and the rear shed on the house and construction of the new addition consisting of two bedrooms, a bathroom, laundry room and then reconstruct the main house to reconfigure the kitchen and new bath. PUBLIC HEARING: City of Saratoga Springs Zoning Board Minutes – Monday, January 9, 2012 - Page 2 of 6 Bill Moore, Chairman opened the public hearing at 7:45 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman closed the public hearing at 7:46 P.M. Gary Hasbrouck made a motion and presented the following resolution: IN THE MATTER OF THE APPEAL OF Colleen MacVean 120 Middle Avenue Saratoga Springs, New York 12866 From the Building Inspector’s determination for the premises at 120 Middle Avenue, identified as Tax Parcel Section 166.45, Block 3, Lot 36, Inside District of the City of Saratoga Springs, New York. WHEREAS, the appellant has applied for an AREA VARIANCE for relief from the current City Zoning Ordinance for construction of a single story addition to an existing house which exceeds the maximum lot coverage for a principal building in a UR-3 zoning district; and public notice having been duly given of a hearing on said application held on January 9, 2012. WHEREAS, in consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, the Board makes the following resolution that the requested AREA VARIANCE for the following relief or lesser dimensions, as per submitted plans, be APPROVED: Required Proposed Relief Requested Maximum lot coverage-principal 30% 39.1% 9.1% of lot coverage or 30% building in excess of what is allowed per code. 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant considered a 2 story addition. However, the application states that “...cost was prohibitive.” The application also states that the “existing foundation is not structurally sound, so all projects must begin at footing.” It is the applicant’s intent to demolish “ a large, poorly constructed portion of the house.” This will be replaced with a “new two-bedroom, one bath addition.” 2) The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The application states, “The scale of the project is in- line with the scale of neighboring buildings.” 3) The relief requested may be considered substantial. It should be noted that a detached accessory structure covering up to 10% of surface area could have been constructed on this property without exceeding maximum lot coverage allowances. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “No increased traffic or emissions will result from the completed project.” 5) The difficulty may be considered self created. This, however, is not necessarily fatal to the application. City of Saratoga Springs Zoning Board Minutes – Monday, January 9, 2012 - Page 3 of 6 Condition: This property will not include accessory structures in the future. Seconded by Skip Carlson. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Adam McNeill, Secretary, in favor. MOTION PASSES: 5-0. 2. #2616.1 SIRO'S RESTAURANT, 168 Lincoln Avenue, modification to a previously approved area variance for construction of a 14.5 feet high acoustical fence in an Institutional-Horse Track Related District. Skip Carlson recused himself from this application. Agent: Tom Frost, Frost Hurff Architects; Toby Porter, Sound Engineer SEQRA Most recent application determined to be a Type II action, and therefore exempt from further SEQRA review, per 6 NYCRR Part 617.5 (C)(7). Bill Moore, Chairman stated sound attenuation studies completed by NOVUS Engineering were received by the Board and were favorable and the membrane seems to have done its job. Mr. Frost stated the reason for the application is for a modification of the area variance for the 14.5 foot high acoustical fence. They are most worried about the integrity of that rubber fencing and how much taking it up and down and rolling it up and storing it and then reapplying it to the framework it can take without losing its integrity or cracking or ripping. They thought it would be worth a try to see if they could get approval to leave the fencing up full time. They didn't canvas the neighborhood regarding this however, several neighbors have stated that the fence was fine and it seemed to work fine and they did not have a problem with the fence being there. In the notification letter which went out to the neighbors, he always includes a more personal letter than the one that is put out by the ZBA which is a form letter, he added a letter to that and in this one he informed them of the modification they were looking for and why they were looking for it. He received one response from a neighbor who said he is perfectly happy to have the fence up there all year around. He would like to see the exterior of it covered with some type of siding material to make it look more like the wall below it; which is understandable. If they are allowed to keep the fence in place the idea of putting a siding material on the outside of that framework is a very good one. It means they do not have to paint the rubber on the exterior. The siding will look similar to the fencing below. The fence was kept up was because of the study being done and in case more studies needed to be done it was there to do that. The issue of painting it, and one reason it was not painted immediately was because of the pressure treated lumber needed to weather somewhat. The reason the main part of the fence was not taken down was because if the framework needed to be painted in the spring it will be easier to paint while it is up rather than down. Discussion ensued regarding the removal of the membrane on a yearly basis. Keith Kaplan, Vice Chairman stated he did revisit the site and being it is winter and the trees are bare the structure was quite obvious. He said that if the structural members were painted to blend in with the trees that would be ok, but it still is an enormous structure. Adam McNeill, Secretary stated he is not sure that painting this fence would camouflage it for that purpose. He would like to visit the site again to see what it looks like and walk the property and get a feeling for what it looks like in the City of Saratoga Springs Zoning Board Minutes – Monday, January 9, 2012 - Page 4 of 6 winter months with snow on the ground, and what people actually have to live with before voting on this modification to the area variance. Bill Moore, Chairman stated his thought process runs along a couple ways. Tom’s letter was received regarding the structural integrity of putting this membrane up and down. He would like to get an engineer to state the integrity of the wooden structure would be compromised. At this point there are two violations which currently exist. The fact that it was not taken down and that it was not painted. Bill stated he would prefer not to render any decision to make it permanent at least until it is painted. His suggestion is that the Board take all this information, the applicant has the fence painted and then return to the Board. This will give everyone a chance to look at it again and then we are looking at one item not two. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:15 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. COMMUNICATIONS RECEIVED BY THE BOARD: Adam McNeill, Secretary read the following communication into the record. Letter received from Rose Mary Tait, dated January 9, 2012; not in favor of the permanent fence. Email from Mike and Kim Billok, dated January 8, 2012, in favor of the permanent fence, as long as it blends or matches the current fence. Email from Kevin Wolpert, send January 9, 2012, not in favor of the permanent fence. Emails from Sara and Bentley Boivin, sent January 8, and January 9, 2012, not in favor of the building of the fence. Bill Moore, Chairman stated the public hearing will remain open. Bill Moore, Chairman stated when the weather permits the fencing structure will be painted and the applicant will return to the Board by April 9th for a final determination. APPROVAL OF MINUTES Bill Moore made a motion to accept the November 21, 2011 and December 5, 2011 as submitted. Seconded by Adam McNeill. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; Adam McNeill, Secretary, in favor MOTION PASSES: 5-0. MOTION TO ADJOURN: City of Saratoga Springs Zoning Board Minutes – Monday, January 9, 2012 - Page 5 of 6 There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:25 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 2/13/12 City of Saratoga Springs Zoning Board Minutes – Monday, January 9, 2012 - Page 6 of 6