Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, JUNE 9, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:00 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Skip Carlson; Oksana Ludd; James Helicke; Gary Hasbrouck STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney 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. ANNOUNCEMENT OF ADJOURNED APPLICATIONS: #2708 CELLCO/VERIZON WIRELESS TELECOMMUNICATIONS FACILITY, 2202 Route 50 South, use and area variance for a new telecommunications facility including a 110' high stealth tower; seeking relief for the use and from minimum setback to the tower in a Highway General Business District. Adjourned to June 23, 2014. #2747 CONGREGATION & YESHIVA PARDES DORMITORY, 1 Veterans Way, area variance for expansion of the existing school including construction of an approximate 10,000 square foot residential building; seeking relief from the maximum principal building coverage in the UR-1 district. Adjourned to June 23, 2014. NEW BUSINESS: 1. #2769 HEWITT RESIDENTIAL ADDITION, 115 Catherine Street, area variance to construct a rear addition to an existing single-family residence; seeking relief from the minimum side yard setback (north), minimum side yard setback (south) and minimum total side yard setback requirements in the Urban Residential-2 District. SEQRA Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum side yard setback: 8 feet 3 feet 6.15 feet (77%) north side Minimum side yard setback: 8 feet 7.8 feet .2 feet (2.5%) south side Minimum total side yard setback 20 feet 10.8 feet 10.35 feet (52%) Applicant: Chris Hewitt DISCLOSURE: Keith Kaplan, Vice Chairman stated while he was visiting the property he ran into Mr. Hewitt. They did not discuss anything in any depth. This is merely a disclosure. The applicant is looking to construct a rear addition to his existing single family home. A great room, a master bedroom and a mudroom comprise the addition. The applicant indicates that the variance is substantial but he is looking to build off the existing structure. The existing side yard setback on the north side is preexisting nonconforming at 1' and the total side yard setback is preexisting nonconforming at 16'. The existing side yard setback on the south side is conforming at 15'. It may be feasible to design the addition to comply with the side yard setback on the south side. The applicant stated they have explored alternative designs with 3 different design builders. The proposed addition would extend the existing building on the north side. The proposed addition will mirror the existing residence visually. The existing access/curb cut off of Catherine Street would not be impeded. The maximum principal building coverage and minimum percent to remain permeable would be met. Discussion ensued regarding alternative designs to lessen the impact of the area variance. Keith Kaplan, Vice Chairman stated he would like verification of the percentage of permeability on the property. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:19 P.M. Bill Moore, Chairman asked if anyone in the audience would like to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next meeting in two weeks. 2. #2770 SEAMAN SHED, Old Ballston Avenue, area variance to construct a 336 sq. ft. shed, seeking relief from the minimum front yard and rear yard setback requirements in the Rural Residential-1 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. Applicant: Gerald Seaman AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: 60 feet 25.9 feet 34.1 feet (57%) Minimum rear yard setback: 50 feet 16.3 feet 33.7 feet (67%) Applicant: Gerald Seaman Mr. Seaman stated the reasoning behind the construction of the shed is another rail line was installed behind the property. All buffering was removed, all foliage. The applicant indicates that the shed would blend in within the the rural area. No vehicles will be parked or stored in the shed. Permeability requirements would be met. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 2 of 10 James Helicke questioned the applicant why not buffer with fencing, and landscaping verses the shed. He asked if he had checked into other alternatives. Mr. Seaman stated he does not want to add fencing, he feels the shed will be useful. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:42 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next meeting in two weeks. 3. #2774 COMPLEXIONS SPA, 268 Broadway, area variance to install a wall sign, seeking relief from the maximum extension from the face of the building requirement for wall signs in the T-6 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum extension from wall: .5 ft 4.33 ft. 3.83 ft. (767%) NOTIFICATIONS/APPROVALS/CONDITION OF APPROVAL: Saratoga County Planning Board referral is required. DRC Architectural Review is required. Agent: Daniel Roicki, Adirondack Sign Company. Mr. Roicki stated the applicant is looking for approval for an arcade type sign from the building. It will be perpendicular to the building overhanging the sidewalk. There is no exterior wall option. The applicant is located on the 1st floor lower level which is all windows and setback recessed off Broadway. This is a non-illuminated sign. James Helicke stated this Board is reluctant to approve this type of signage. He asked if there were any alternatives which were pursued for an alternative sign type. An undesirable change in the neighborhood character could result if this type of sign is permitted in situations that are not unique. Mr. Roicki stated the client likes this type of signage best. Her doorway is recessed some from the sidewalk. We did provide the applicant with several other options. She likes this type of signage best. Adam McNeill stated he agrees with James. No compelling reason why another type of signage could serve the clients needs. Oksana Ludd questioned the visibility of the signage. Keith Kaplan, Vice Chairman stated he agrees with Oksana. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 3 of 10 Discussion ensued regarding the type of signage requested. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:53 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated, it appears that three Board members are not in favor of this sign. He suggested that the agent return to the client with suggestions and return before the Board. 4. #2771 McKENZIE ESTATES RESIDENTIAL ADDITION, 5 Maria Lane, area variance to construct a rear screened porch addition to a new single-family residence; seeking relief from the minimum rear yard setback and maximum principal building coverage in the Urban Residential-2 District. DISCLOSURE: Bill Moore, Chairman stated he has done work for Mr. Belmonte in the past. There is no current business involvement. Keith Kaplan, Vice Chairman stated James Helicke fellow Board member was at the property site at the same time as he. We did not discuss specifics of this application. RECUSAL: James Helicke recused himself from this application. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum rear yard setback: 25 feet 16 feet 9 feet (36%) Maximum principal building coverage: 30% 33% 3% (10%) Agent: Gavin Vuillame, Environmental Design Partnership; Peter Belmonte, Builder A visual presentation was provided to the Board. These are all new homes. This property is currently under construction. The new property owners would like a screen porch on the rear of the property. The desired location of the screened porch is in the southwest corner of the lot, which has a property line jog that reduces the rear yard area. The applicant could construct a patio in this location and not need a variance. It appears that there are existing trees along the rear of the property that may buffer the addition from the property to the rear. The screen porch is in the same location as the rear decks and patios in many of the backyards within the neighborhood. The proposed porch will not require the removal of any additional trees or vegetation. 59% of the site will remain permeable which exceeds the minimum 25% in the district PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:05 P.M. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 4 of 10 Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Wallace Berger, Cleveland Avenue, stated he is concerned regarding setbacks. Concerned that building standards are met. He asked if any trees would be removed. Regarding outside lighting requests no invasive lighting. No objection to the application. Eugene Sevey, Cleveland Avenue. Belmonte Builders is an asset to the area and neighborhood. Bill Moore, Chairman stated we will leave the public hearing open. A resolution will be prepared and presented at the next meeting in two weeks. 5. #2772 BELMONTE RESIDENCE, First and State Streets (northeast corner) area variance to construct a new single-family residence; seeking relief from the minimum front yard setback (State St.) minimum front yard setback (First St.) and maximum principal building coverage in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: First St. 30 feet 13 feet 17 feet (57%) Minimum front yard setback: State St. 30 feet 13 feet 17 feet (57%) Maximum principal building coverage: 20% 50% 30% Applicant: Peter Belmonte Agent: Gavin Vuillame, Environmental Design Partnership Mr. Vuillame, stated the applicant is requesting an area variance to construct a new single-family residence; seeking relief from the minimum front yard setback (State Street). This property is located in the UR-1 District which would typically require a 30 foot front yard setback. The lot is preexisting nonconforming at 8,950 square feet and the project does not include accessory structures. Other alternative lot arrangements which meet the front yard setback requirements for both streets leave very little space in the rear of the lot. 56% of the lot would remain permeable, exceeding the minimum of 30% in this district. A visual presentation was provided for the Boards review. The building is proposed at 3,450 square feet. The applicant is requesting 2 variances. The neighborhood has changed over time. Larger homes have been built in this area. It is in a transitional period. The existing home and garage will be removed. Keith Kaplan, Vice Chairman requested rechecking of the calculations. Also, requested new building inspector denials. Discussion ensued regarding the proposed size of the home on the lot and conditioning no accessory structures on the property in this resolution. Mr. Belmonte stated they are requesting a pool on the property. James Helicke stated this is new construction, this is a clean slate, this is too big of a house on too small of a lot. A list of surrounding properties and their setbacks and lot coverage would be helpful. Also, consideration of placement of a sidewalk along First Street and curbing and sidewalk along State Street. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 5 of 10 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:47 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. None heard. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the next meeting. Information requested concerning calculations can be submitted to staff. 6. #2773 BELMONTE RESIDENCE, State Street, area variance to construct a new single-family residence; seeking relief from the minimum front yard setback and maximum principal building coverage in the Urban Residential-1 District. SEQRA: Action appears to be a Type Ii action and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: 30 feet 18 feet 12 feet (40%) Maximum principal building coverage 20% 21.8% 1.8% (9%) Maximum accessory building coverage: 8% Approx. 10% 2% (25%) Detached garage and pool Applicant: Peter Belmonte Agent: Gavin Vuillame, Environmental Design Partnership Mr. Vuillame stated the portion of the building which violates the current setback is mostly porch space that is open to the outdoors, leaving very little building mass within the front portion of the lot. Other alternative lot arrangements which meet the front yard setback requirements, and leave very little space in the rear of the lot. The proposed site is to remain permeable would be 42% which exceeds the minimum 30% in the district. Discussion ensued regarding setbacks, and size of variance requested. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:47 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Andy McGrath, concern regarding the proximity of the pool and the garage to those adjoining properties. It seems very close. Concern regarding hedgerow. The applicant stated the stone wall is existing and a fence will be around the pool along with the current hedgerow being retained. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 6 of 10 Becky Kern, 16 Second Street. Sidewalks would be great. It is a very busy street. This is an opportunity to provide sidewalk connections. This is a safety issue. Bill Moore, Chairman stated the public hearing will remain open. We will prepare and present a resolution for the next meeting in two weeks. OLD BUSINESS: 1. #2766 WALDORF SCHOOL OF SARATOGA SPRINGS, 212 Lake Avenue, area variance for elimination of existing parking area (3 parking spaces) to expand play area; seeking relief from the minimum parking requirement for an education facility in the Urban Residential-3 District. The public hearing was opened on May 12, 2014 and remains open. The application was adjourned to June 9, 2014. A revised short EAF was provided as requested. The Planning Board and the ZBA had a workshop on May 28, 2014 to discuss the variance. An unfavorable advisory opinion was issued by the Planning Board. Applicant: Waldorf School Agent: Jonathan Litz, Facilities Manager SEQRA: Action appears to be unlisted. Discussion ensued regarding the fencing and netting. The fence is 6 ft high stockade fence with 10 ft of netting totaling 16 feet. PUBLIC HEARING: Bill Moore, Chairman stated the public hearing remains open. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Keith Brown, 5 Granger Avenue stated he lives next door to the property and does not oppose the project. Bill Moore, Chairman closed the public hearing at 9:28 P.M. Gary Hasbrouck presented the following resolution. IN THE MATTER OF THE APPEAL OF The Waldorf School 212 Lake Avenue Saratoga Springs, New York #2766 from the Building Inspector’s determination for the premises at 212 Lake Ave, Saratoga Springs, NY 12866 identified as Tax Parcel Section 166.13-1-9, 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 the minimum parking requirement and maximum height for a fence for an educational facility in a UR-3 zoning district; and public notice having been duly given of a hearing on said application held on May 12, May 19, and June 9, 2014 City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 7 of 10 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, be APPROVED: Required: Proposed: Total relief requested: Minimum Parking Requirement: Education 3 spaces 0 spaces 3 spaces (100%) facility Maximum height for fence in residential district 6 feet 16 feet 10 feet (166%) (6’ stockade and 10’ of netting) along South boundary only 1) The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant testified that purchasing adjacent property to the school was cost prohibitive. The applicant also testified that dual use of the area as a playground and parking area using permeable pavement was not possible due to that kind of pavement being too costly. The location of the school is directly across Granger Ave from the East Side Recreation fields. The application states, “….teachers routinely bring children across the street to the East Side Rec to run. The trip presents safety risks to the children, and could be eliminated by expanding play yard space to our unused parking area.” The applicant also testified that simply reducing the number of parking spaces was not viable due to the location of the curb cut allowing access to the reduced spaces could not be moved without great expense. The location of the curb cut is such that leaving an existing parking space would divide the play area according to the applicant. Based upon the applicant’s email to the Board dated May 20, 2014, the increased height of the fence is designed to keep play balls and other objects from entering the neighbor’s lawn located South of the applicant’s property on Granger Avenue. 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 parking lot is not currently used, so there would be no adverse change in on-street parking. Our 4-6 staff members currently park on the street.” The parking lot conversion will bring playground activities closer to the house adjacent to the property on Granger Ave. The application states, “Adequate netting, etc. would be installed to eliminate the existing “interactions” with neighboring properties.” 3) The relief requested is substantial. The elimination of all parking spaces may be considered substantial. 4) The applicant has demonstrated this variance will not have an adverse physical or environmental effect on the neighborhood. The application states, “The resulting yard will facilitate better percolation of rain/melt water, significantly reducing runoff onto the neighboring property, onto the sidewalk, and into the city’s storm drains.” 5) The difficulty may be considered self-created. This, however, is not necessarily fatal to the application. Note: Saratoga County Planning Board referral dated June 2, 2014 noted no significant County Wide or Inter Community Impact Saratoga City Planning Board site plan review required Skip Carlson seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 8 of 10 Bill Moore, Chairman asked if there was any further discussion. Bill Moore, Chairman stated he viewed the webcast. He has never seen the driveway open to be used. Cannot see 16 foot high fence in a residential neighborhood. James Helicke is opposed to the resolution. He would consider the construction of a higher fence, no netting. Adam McNeill, Secretary agrees with what James said. He does not want to lose the parking spaces. The variance goes with the property. 16 foot high fence is too high. Oksana Ludd agrees with Adam. There is a massive playground across the street. Parking is always an issue. She loves the school and thinks they have a wonderful program. Keith Kaplan, Vice Chairman, he stated the Planning Board negative advisory opinion had an impact on his decision. They are the experts regarding parking. Gary Hasbrouck is also against the resolution. VOTE: Bill Moore, Chairman, opposed; Keith Kaplan, Vice Chairman, opposed; Adam McNeill, Secretary, opposed; Gary Hasbrouck, opposed, Skip Carlson, opposed; Oksana Ludd, opposed; James Helicke, opposed MOTION DENIED: 7-0 2. #2768 KAY-GRAHAM MULTI-FAMILY, 109 Washington Street, area variance for a three-family residence; seeking relief from the minimum lot size and minimum parking requirement in the Urban Residential-4 District. Agent: Brett Balzer, Dennis McGowen; Balzer Tuck Architecture This application was last before this Board on May 12, 2014. We have gone to the Planning Board which was a joint meeting between the Zoning Board of Appeals and the Planning Board. The consensus of that meeting was that we provide three onsite parking spaces, with a single vehicle entry and vehicular turn around on the site. We forwarded a sketch plan to the Board and we have since polished that and that is what we are here tonight to discuss. Mr. Balzer stated we are also requesting two area variances. Relief from the minimum lot size and waiver of one parking space. Discussion ensued regarding the parking requirement which has been satisfied. Setback to parking is required in this district. So, the relief has been relieved for the parking requirement; however there is still the setback to the parking requirement which has not been met. Revised denials have been requested for the setback requirements. The Board is impressed with the applicant meeting the concerns regarding parking, and the character of the neighborhood. Mr. Balzer stated they have also retained some green space for the residents. Bill Moore, Chairman stated a motion will be prepared and presented at the next Zoning Board of Appeals meeting in two weeks. APPROVAL OF MINUTES: Adam McNeill made a motion to approve the minutes of the May 12, 2014 meeting. Gary Hasbrouck seconded the motion. City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 9 of 10 VOTE: Bill Moore, Chairman, abstained; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, in favor; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor; MOTION PASSES: 6-0-1 Gary Hasbrouck made a motion to approve the minutes of the May 19, 2014 meeting. Keith Kaplan, Vice Chairman seconded the motion. VOTE: Bill Moore, Chairman, abstained; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, abstained; Oksana Ludd, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor; MOTION PASSES: 5-0-2 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 9:55 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 7/14/14 City of Saratoga Springs Zoning Board Minutes – Monday, June 9, 2014 - Page 10 of 10