Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, OCTOBER 20, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:03 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Gary Hasbrouck; Skip Carlson; Oksana Ludd; James Helicke 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: #2782 BROWN & DAVIDSON ACCESSORY BUILDING, 10 Perry Street, area variance to construct and finish interior of a shed; seeking relief to permit finished/habitable space in an accessory building in the Urban Residential-3 District. Adjourned to October 27, 2014. #2778 GUARINO & HANER TWO-FAMILY RESIDENCES, 21 Park Place, area variance to construct a two-family residence, a two-unit addition to an existing three-family residence and two detached garages; seeking relief from the minimum front yard setback and maximum principal building coverage requirements in the Urban Residential-4 District. Adjourned to October 27, 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 October 27, 2014. NEW BUSINESS: 1. #2687.1 CAFÉ LENA VARIANCE EXTENSION, 47 Phila Street, request for an extension of an area variance approval granted March 25, 2013 for relief associated with construction of a 775 sq. ft. two-story rear addition to to the existing building. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: Original area variance approved March 25, 2013 to construct a 775 sq. ft. two-story rear addition to the existing building. Relief from the minimum frontage build-out requirement. Applicant: Peter Martin, Board of Directors, Stanley McGaughey, Board of Directors The applicants state they are actively working on securing the funds to complete the proposed renovations and building additions. There have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:04 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 7:05 P.M. Skip Carlson presented the following resolution: APPEAL #2687.1 IN THE MATTER OF THE APPLICATION OF 47 Phila, Inc. d/b/a Café Lena 47 Phila Street Saratoga Springs, New York 12866 Based upon submitted evidence that the application for an extension of a granted Area Variance does not significantly differ from the original application and approval, and that there have been no significant changes in the condition of the neighborhood warranting otherwise, the Board moves that the application of 47 Phila, Inc. d/b/a Café Lena for the premises at 47 Phila Street in the City of Saratoga Springs, and identified by tax parcel no 165.68-1-12 located in a T-6 zoning district originally granted on March 25 2013 (filed March 29, 2013) to construct a 775 sq. ft. two-story rear addition to the existing building be APPROVED, and that the variance approval be extended for 18 months from the date that such resolution would have expired if not extended, September 29, 2014, with the new expiration date to be March 29, 2016 unless the necessary building permit has been issued and actual construction begun as per Article 8.5.1 or otherwise further extended. The applicant states the reason for the extension is because, "We are still actively working on securing the funds to complete the proposed renovations and building additions. It is so moved, October 20, 2014. Keith Kaplan seconded the motion. Bill Moore, Chairman asked if there was any further discussion None heard. Board member James Helicke stated he will abstain from voting on this application. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, abstained MOTION PASSES: 6-0-1 2. #2787 MELVIN RESIDENTIAL ADDITION, 1 Jefferson Street, area variance for construction of a one-story addition to an existing single-family residence; seeking relief from the minimum total side yard setback and principal building coverage requirements in the Urban Residential-2 District. City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 2 of 7 Keith Kaplan, Vice Chairman stated when he toured the site yesterday he had a brief conversation with Mrs. Melvin. They did not discuss the project, so there is no need for recusal, simply disclosure. 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 total side yard setback: 20 feet 13 feet 7 feet (35%) Maximum principal building coverage: 30% 35.2% 5.2% (17%) Applicants: Stephanie and Bob Melvin Mrs. Melvin stated they are looking to turn the sitting room into a master bedroom and the addition of a four season room. Due to health problems Mrs. Melvin would like to keep everything on one floor. The addition will be in keeping with the character of the neighborhood. PUBLIC HEARING: Bill Moore, Chairman opened the public at 7:15 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 and a resolution will be prepared and presented at the next Zoning Board of Appeals meeting next Monday, October 27, 2014. 3. #2791 FOX RESIDENTIAL ADDITION, 72 Union Avenue, area variance for construction of two additional residential units to an existing multi-family residence; seeking relief from the minimum lot area requirement for the 15th unit from the maximum principal building coverage requirement and from the minimum setback between principal and accessory structure requirement in the Urban Residential-4 District. SEQRA: - Action appears to be an Unlisted Action. An Unlisted Action occurring within a Historic District is elevated to a Type I Action. - A long form is required and has been requested. - Coordinated SEQRA Review and designation of Lead Agency required. - Planning Board (site plan review) and DRC (historic review) are involved agencies. - Consideration or deferral of Lead Agency. PARCEL HISTORY: - Area variance from the minimum parking requirement, February 1978. - Site plan review approval, March 1978. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum lot area: 15th unit 3,000 sq. feet 2,160 sq. feet 840 sq. ft. (28%) City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 3 of 7 Maximum principal building coverage: 25% 29.2% 4.2% (16.8%) Agent: Jesse Boucher, Kodiak Construction Mr. Boucher stated there are two components to this project. There is an accessory structure which will become an amenity for these apartments, a pool and a gathering space. As a freestanding accessory structure this complies with all zoning regulations. In order to make the amenities work the owner needs to add an addition to the structure adding two apartments totaling 15 units. The new units will be added to the primary structure adjacent to the stairwell. We were limited regarding the location of the project while keeping it aesthetically pleasing. Architecture of the proposed addition is in keeping with the historic architecture of the existing multi-family residence. The addition is setback more than 100' from Union Avenue and would be visually blocked from that perspective by the proposed two story pool house. The site to remain permeable would be 31% exceeding the minimum 25% in the district. The proposed additions would displace 9 existing parking spaces. One new parking space is required for the additional unit. We have submitted parking spaces would be added to the site to conform with the 22 parking space requirement. Bill Moore, Chairman requested an interior layout of the existing building. Discussion ensued regarding deferral of SEQRA Lead Agency. James Helicke made a motion to defer Lead Agency Status for SEQRA to the Planning Board. Adam McNeill, Secretary seconded the motion. Bill Moore, Chairman asked if there was any further discussion. None heard. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 7-0 Keith Kaplan, Vice Chairman discussed an item in Part I of the SEQRA form which are of particular concern and would need to be expounded upon. Recommendations to be forwarded onto the Planning Board. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:36 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 and we will await information requested from the applicant as well as SEQRA Lead Agency determination. We will revisit this application at the November 17, 2014 meeting. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL: - Saratoga County referral. City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 4 of 7 - Planning Board site plan review. - DRC historic review. MOTION PASSES: 6-0 4. 2790 CATALANO RESIDENTIAL ADDITION, 112 West Circular Street, area variance for construction of an approximate 360 sq. ft. (footprint) two-story addition to an existing single-family residence; seeking relief from the minimum setback between principal and accessory structure requirement in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: - Area variance to construct a breezeway and an attached two-car garage/pole barn, approved June 25, 1997. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum principal building coverage 30% 32.6% 2.6% (8/7%) Applicant: Tony Catalano Mr. Catalano stated they are proposing to add a family area to the first floor of the home. Open concept kitchen and family room for more space. The application states that other design options were considered, including elimination of the eaves on the addition. In addition, the application indicates that the proposed addition would need to be substantially reduced in size to accommodate the eaves and to be compliant with the requirement. A 2.6% increase in the principal building coverage may not adversely impact the character of the neighborhood. The relief is associated with vertical projections and not additional building area on the ground. This will be compatible with the neighborhood. Discussion ensued among the Board regarding the permeability calculation by the next meeting. PUBLIC HEARING: 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 stated the public hearing will remain open. Bill Moore, Chairman stated we will await information requested from the applicant. We will prepare and present a resolution at the next Zoning Board of Appeals meeting on Monday, October 27, 2014. CORRESPONDENCE RECEIVED BY THE ZONING BOARD OF APPEALS: Email correspondence received on 10/16/14 from Brian and Dana Carroll, 108 W. Circular Street. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL County Planning Board referral required. City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 5 of 7 DRC Architectural Review required. 6. #2788 ROUPAS ANTENNA, 36 Doten Avenue, area variance to construct a building-mounted antennae structure; seeking relief from the maximum width, depth and extension from building requirements for such structures in a residential 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 width: building mounted 6 feet 18 feet 12 feet (200%) Maximum depth: building mounted 6 feet 32 feet 26 feet (433%) Maximum extension beyond building 6 feet 17 feet 11 feet (183%) Applicant: Theodore Roupas The applicant provided background of the project. The applicant indicates that the variances should not be considered substantial because the antennas need to be a certain height and length to operate appropriately. Two alternatives have been provided by the applicant. One is attached to the roof and one that is a freestanding structure that cranks down when not in use. The roof mounted structure would require similar relief to the proposed building mounted structure. The applicant states that this alternative puts the house at risk for water leakage. The freestanding crank down structure would require the least amount of relief from the maximum width and depth of the antennas, but would require relief from the maximum height of 20' (structure would be 41' when extended). While the latter would be substantial, it could be considered somewhat mitigated by the structure being 12' high when not in use. The applicant indicates that the building mounted structure would be attached to the rear wall of the house and painted/camouflaged to match the house. It may be helpful to see a perspective of the front of the house with the antennae to help assess potential visual impacts from the street. Discussion ensued regarding options as provided by the applicant, size and height of the antennae, tower and locations and other options available. Tony Izzo, Assistant City Attorney explained HAM radio operators and guidelines issued by the FCC. Mr. Izzo will research this in more detail and report findings to the Board. PUBLIC HEARING: Bill Moore, Chairman, opened the public hearing at 8:28 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Dave Karandy, 34 Doten Avenue. I haven't made a decision either way. I do not know enough about it. I very much would like to learn more about it and what does it look like. I have concerns this is a closely spaced city lot separated by a few feet. My concerns more of an aesthetic nature, and it is the only type of structure in the area. Shawn Wallmsley, I live directly behind your home. I will look directly upon this antenna. I will see all of the antenna. I will see the antenna in its entirety. I have had no conversation regarding this in any form regarding this proposal. Will there be radio interference? I am very much opposed in any form. City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 6 of 7 Victoria Cordy, Corner of Doten and Taylor. It took approximately 5 years to have the water system tower camouflaged in the back of my yard. I have direct view of this tower. Handicapped home across the street, will it affect the machines. This is a residential neighborhood. Henrietta Jackson, this area is getting crowded in. I am afraid of it for the neighborhood. I am not sure if it will cause health problems. Amy Clancy I am a new neighbor in one of the new houses. I am not opposed to it at this time. I would like to see what is being proposed. I would like to understand the placement of the antenna. I would like more information. Bill Moore, Chairman stated we will keep the public hearing open and Mr. Izzo will do some research and check the FCC regulations and provide information to the Board. We will leave the application open. This application will be heard at the November 17, 2014 Zoning Board of Appeals meeting. APPROVAL OF MINUTES: Keith Kaplan, Vice Chairman made a motion to approve the September 22, 2014 minutes of the Zoning Board of Appeals as submitted. James Helicke seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; Skip Carlson, abstained; Oksana Ludd, in favor; James Helicke, in favor MOTION PASSES: 6-0-1 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:45 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved 11/17/14 City of Saratoga Springs Zoning Board Minutes – Monday, October 20, 2014 - Page 7 of 7