Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES MONDAY, NOVEMBER 17, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman called the meeting to order at 7:01 P. M. SALUTE TO THE FLAG PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Skip Carlson; James Helicke LATE ARRIVAL: Gary Hasbrouck arrived at 7:08 P.M. ABSENT: Oksana Ludd; Adam McNeill 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: #2788 ROUPAS ANTENNA, 36 Doten Avenue, area variance to construct a freestanding antennae structure; seeking relief from the maximum height and depth requirements for such structures in a residential district. #2786 RITE AID REDEVELOPMENT, 60 West Avenue and 242 Washington Street, area variance for redevelopment and expansion of the pharmacy and associated sign package; seeking relief from the build-to and frontage build-out requirements in the Transect-5 District. #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. #2789 THE HAMLET SIGNAGE, 46 Marion Avenue, area variance to install (tenant) signs, seeking relief to permit installation of signs on an elevation without street frontage in the Transect-5 District. #2796 PAVOLDI TWO-FAMILY ADDITION, 75 Lake Avenue, area variance for construction of a second dwelling unit addition to an existing single-family residence; seeking relief from the minimum front yard setback, side yard (each side) setbacks and total side yard setback requirements in the Urban Residential-4 District. #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 and from the maximum principal building coverage requirement in the Urban Residential-4 District. #2782 BROWN & DAVIDSON ACCESSORY BUILDING, 10 Perry Street, area variance to finish the interior of a shed; seeking relief to permit finished/habitable space in an accessory building in the Urban Residential – 3 District. NOTE: The agenda was heard out of order awaiting arrival of board member. NEW BUSINESS: 2. #2797 MCCUE GARAGE, 308 Caroline Street, area variance to finish the second-story of an existing detached garage to habitable space; seeking relief to permit finished/habitable space in an accessory structure in the Urban Residential-1 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. REQUIRED PROPOSED TOTAL RELIEF REQUESTED Accessory structure (residential): Second Unfinished and Finished and 100% story of existing detached garage uninhabitable space habitable space NOTE: Board member Gary Hasbrouck arrived at 7:08 P.M. Applicant: Bernie McCue Agent: Tonya Yasenchak, Engineering America Ms. Yasenchak stated what the applicants are proposing is finished space above the garage. Site plan of the existing garage was provided to the Board, as well as floor plans of the existing and proposed. The garage is quite large 34.2 x 40.3 and has been there since 1954. It at one time was more of a commercial use for the previous owner. There is a small office on the first floor. The McCue's are looking to finish the above space to provide an area for their daughter. Mr. McCue stated their daughter is enrolled in Living Resources and participates in their art program. This will provide her with some independence and an area to further her painting skills. Ms. Yasenchak stated they will be placing a ½ bath and they are also proposing a small kitchenette area. A small covered porch area will be added to protect the entrance from the elements. Keith Kaplan, Vice Chairman stated it has been the practice of the Board to condition no kitchen or no bathing facilities. Ms. Yasenchak stated there will be a refrigerator, sink and a microwave, no stove. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:13 P.M. Bill Moore, Chairman asked if anyone in the audience wished to speak 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 Zoning Board of Appeals Meeting next week, November 24, 2014. 1. #2800 PICKETT POOL, 589 North Broadway, area variance for installation of an in-ground pool; seeking relief from the maximum accessory building coverage in the Urban Residential-1 District. RECUSAL: City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 2 of 10 Keith Kaplan, Vice Chairman recused himself from this application. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: Area variance to permit an addition to an existing single-family residence; relief from the maximum principal building coverage requirement approved March 24, 2014. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum accessory building coverage: 8% 10% 2% (25%) Applicant: Jan and Dan Pickett Agent: Mike Phinney, Principal, Phinney Design; Jace Brown, Project Designer, Phinney Design Mr. Phinney gave a brief overview of the project. Relief is sought for an in-ground pool, not an above ground structure. We have been working with the applicant on the carriage house, which is currently under construction. There had been discussions during the prior application that a future carriage house would be limited in size (coverage to provide for a pool structure). The Board had considered a condition that either no future accessory structures would be permitted or that the future carriage house would be limited to 6% accessory building coverage to allow for a pool. The pool is well screened from the neighbors and a landscape plan will be presented. Mr. Brown provided the Board with a visual presentation of the project, showing views of all elevations, as well as landscaping/buffers for the pool area. Fencing was also proposed. Mr. Brown reviewed what was originally proposed. The general scheme and building typology of the main house, carriage house and landscape improvements are consistent with other properties within the North Broadway UR-1 District. The applicant has submitted a site to remain permeable calculation of 48.80% which exceeds the minimum 30% in the district. Discussion ensued regarding the amount of variances requested and any alternative designs. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - DRC Historic Review required. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:39 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 Zoning Board of Appeals Meeting next week, November 24, 2014. Keith Kaplan, Vice Chairman resumed his position on the Board. City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 3 of 10 3. #2795 HERZOG FENCE, 142 Lake Avenue, area variance for construction of a residential fence; seeking relief to exceed the maximum height for a residential fence in the Urban Residential-3 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 height residential fence 6 feet 8 feet 2 feet (33%) Agent: Tom Frost, Frost Hurff Architecture NEIGHBOR INPUT: - Letter from Mary and Kevin Tully, 148 Lake Avenue, dated October 21, 2014. - Letter from Darlene and Lawrence Neville, 257 Nelson Avenue, October 21, 2014. - Letter from David and Jill Delanski, 26 Marion Place. - Correspondence received from neighbors on Nelson Avenue. Mr. Frost stated this is a request for the installation of a privacy fence to surround an in ground pool. The front and sides of the property are fenced. Only a portion of one side of the fence (east side) would exceed the 6' maximum height. The distance from pool to the East property line in not sufficient enough to allow room for effective vegetation. The applicant has provided letters of support from two adjoining neighbors. Board Member James Helicke questioned the height of the proposed fence. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:50 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 Zoning Board of Appeals on Monday, November 24, 2014. 5. #2794 CHAUVIN FAMILY DENTISTRY SIGN, 403 Lake Avenue, area variance for construction of a freestanding sign; seeking relief from the maximum size of such sign for a commercial use in a residential district in the Rural Residential District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. Agent: Daniel Roicki, Adirondack Sign Company City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 4 of 10 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum size freestanding sign: in residential district 4 sq. ft. 18 sq. ft. 14 sq. ft. (350%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - County Planning Board referral required. - DRC Architectural Review required. Mr. Roicki stated the applicant is looking to enlarge the freestanding sign. A visual rendering of the signage was provided to the Board for their review. This sign will use the existing posts. The new signage proposed will be 6 ft wide and 3 ft tall and will be closer to the building. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:02 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 Zoning Board of Appeals Meeting on November 24, 2014. 6. #2792 STONE BUILDINGS, 68 Weibel Avenue, area variance to maintain existing buildings; seeking relief from the build-to, minimum frontage build-out and minimum two-story requirements in the Transect-4 District. SEQRA: - Action appears to be Unlisted. Planning Board and DRC are required. - Coordination of SEQRA review. - Planning Board to assume Lead Agency. AREA VARIANCE CONSIDERATION: REQUIRED EXISTING/PROPOSED TOTAL RELIEF REQUESTED Build-to: 12'- 18' 162.3' 144.3 ft. (802%) Frontage build out: 50% 0% 4.2% (100%) Minimum two-story Two-story (2) one-story buildings totaling 2,900 sq. ft. (2) one-story buildings (100%) NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - Planning Board special use permit and site plan review. - DRC architectural review. Applicant: Gary Stone Agent: Stephanie Bitter, Bartlett, Pontiff, Stewart and Rhodes City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 5 of 10 Ms. Bitter stated the existing buildings predate the T-4 requirements of build-to, build-out and minimum two story, however the existing buildings were not permitted and so they do not have nonconforming status. These buildings have been a part of the character of the neighborhood since 1968 when the applicant indicates that they were built. Old records have been lost. The applicant has been working with the City to resolve this matter. He appears here today hoping to bring these buildings into compliance with an area variance. Discussion ensued regarding the site and the applicant’s request. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:16 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Kirk Hayner, Rexford, New York. Mr. Hayner is concerned this will be precedent setting. Bill Moore, Chairman stated the public hearing will remain open. Keith Kaplan, Vice Chairman made a motion to defer Lead Agency Status to the Planning Board for SEQRA. Gary Hasbrouck 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 Bill Moore, Chairman stated a resolution will be prepared and presented at the next Zoning Board of Appeals scheduled for Monday, December 8, 2014. 7. #2798 PASEK PORCH, 21, State Street, area variance to construct a front porch addition to an existing single-family residence; seeking relief from the minimum front yard and maximum principal building coverage requirement in the Urban Residential-3 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: 10 0 feet 10 feet (100%) Maximum principal building coverage 30% 36% 6% (20%) Applicant: Daniel Pasek, Owner Mr. Pasek stated they are proposing the addition of a wrap around porch that will require a variance from 30-36% but it will also return this home similar to what was original to the structure. Restoring the home to its original look will improve the character of the neighborhood. City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 6 of 10 PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 8:31 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Beverly Mastroianni 125 Regent Street, but I own a property directly behind this house. I am just thrilled that they bought this home. Very supportive of the project. Karen Larsen, 19 State Street. Fully supportive of the porch. Happy with the improvements. Bill Moore, Chairman stated the public hearing will remain open. A resolution will be prepared and presented on November 24, 2014. OLD BUSINESS: 11. #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. This application was heard at the July 14, 2014 meeting and adjourned to July 28, 2014. The application was further adjourned to September 8, 2014 at the applicant's request. The application was further adjourned to September 22, 2014 at the applicant's request. On September 22, 2014 the Board initiated Coordinated Review and sought Lead Agency Status and requested an advisory opinion from the Planning Board. The public hearing was opened on July 14, 2014 and remains open. New information provided: Revised plans dated September 26, 2014, revised denial, Planning Board advisory opinion, DRC advisory opinion, Josh Dulmar, arborist report. SEQRA: Action appears to be a Type I action – substantially contiguous to Congress Park-Casino-Circular St. National Register District (across Regent Street) - Coordinated Review is required. - Planning Board is an involved agency – site plan review required. - ZBA Initiated Coordinated Review and requested Lead Agency status on September 22, 2014. - Planning Board deferred Lead Agency status on October 8, 2014. - Part 1 of the Long form was submitted. PARCEL HISTORY: - Site Plan review approval March 3, 1987 for site improvements associated with construction of a third residential unit in the R-4 district. City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 7 of 10 AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum front yard setback: Park Place – two unit 25 feet 18 feet 9 feet (36%) Minimum front yard setback: Park Place-two unit addition 25 feet 16 feet 9 feet (36%) Maximum principal building coverage: combined 25% 27.8% 2.8% (11.2%) Per revised plans dated September 26, 2014. Applicant: Linda Haner and David Guarino Agent: Mike Toohey, Attorney Mr. Toohey stated since the last appearance before the Board several revisions to the project have been made. This has been in cooperation with the Preservation Foundation, the Design Review Commission and we have listened to the neighbors. I am requesting not only the Advisory Opinions from the Design Review Commission and the Planning Board be included in this packet as well as the minutes from those meetings as well. The site is located at the corner of Regent and Park Place. The site is .72 acres of land, 31,486 square feet. Mr. Toohey provided the Board with a visual presentation along with the maps and history of this property. The property is in the UR-4 District. This is a multifamily zone, permitting exactly what we are proposing on this property. Mr. Toohey provided a brief background of the neighborhood, multifamily dwellings and a variety of styles of homes. The project consists of 7 units, in two buildings. Suggestions from the DRC were incorporated into the plans. Lot coverages for all neighbors is to be supplied by the applicant. Mr. Toohey requested each area variance request be considered as a separate action. Mr. Toohey reviewed the five tests for an area variance for each request. City's arborist did review the trees on the property. One is to be removed per the city's arborist’s recommendation. The remainder of the specimen trees will remain intact. NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL - Saratoga County Planning Board referral required – response No significant countywide or intercommunity impact with comment dated July 28, 2014. - City Planning Board site plan review is required. NEIGHBOR INPUT - Public comment received at the July 14, 2014 and September 22, 2014 meetings. - Letter from "The Neighbors of 21 Park Place" including 50 signatures dated September 8, 2014. - Letter from Johanna Anderson, 20 Park Place, dated September 18, 2014. - Letter from Dan Maney,108 Regent Street, dated September 22, 2014. - Email from Meagan Lyons, 18 Park Place, received November 10, 2014. - Email from Robert and Christine Toole, 215 Regent Street, received November 11, 2014. - Correspondence from Andrea Gardner, 105 Regent Street, dated November 17, 2014. - Correspondence from Jim Lombardo, 35 Park Place, dated November 17, 2014. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 9:28 P.M. Bill Moore, Chairman asked if anyone in the audience wished to comment on this application. Ashley Gardner, 105 Regent Street. Collectively the neighborhood has hired an attorney on our behalf, Mr. John Carusone. All the neighbors are opposed to this project. A petition was signed by the neighbors and submitted for the file. City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 8 of 10 Mr. Carusone stated he has been retained by neighbors of the project. Drawings do not have any turning radii. That has to do with the safety of the neighborhood. Mr. Carusone spoke regarding the nonconforming structure. A visual overview of the project was provided to the Board by Mr. Carusone. A more detailed report from the city arborist is requested, since the arborist has not seen the blueprints of this proposed project. This is an important consideration. This could be precedent setting, with 3 principal buildings on one lot. Alice O'Brien, 23 Park Place. This project is detrimental to the neighborhood. Personal safety, fire safety, and parking. There are overshadowing issues, loss of natural light. Loss of trees, loss of privacy due to the height of the buildings, as well as added density. The proposed single load driveway is directly across from my home. Ann Trainor, 77 Regent Street. I am opposed any variance granted for this project. It does not meet any of the criteria for an area variance. This is an established neighborhood. Tara Chabra, 82 Regent Street. This project will have adverse impacts. We already have overtaxed infrastructure, not to mention the increase of traffic. These impacts will carry into the future. Beverly Mastroianni, Regent Street. I have submitted a letter for the file. One block from the proposed project. I have worked very hard to refurbish property. Ms. Mastroianni has received an award from the Saratoga Springs Preservation Foundation. Landscaping is very important to this neighborhood. There is a tremendous amount of traffic in this area. Diedre Ladd, 113 Regent Street. I am strongly opposed to this project. We have 4 schools in this area. We have a lot of concern regarding an increase in traffic. We are concerned for the safety of the residents as well as the children. Andrea Gardner, 105 Regent Street. I have many parking concerns. Three curb cuts proposed with this project with backing out into the street concerns me. These curb cuts will lessen the number of parking spaces. CORRESPONDENCE RECEIVED BY THE BOARD: Andrea Gardner Stephen O'Shea Dan Maney Urban and Community Forest Master Plan Joanna Anderson Josh Dolmer, City Arboris. Neighbor petition Megan Lyons Zita Ryan Jim Lombardo Katherine Oppedessiano Robert & Christine Toole Saratoga Springs Preservation Foundation Bill Moore, Chairman stated the public hearing will remain open. We will meet again next week, Monday, November 24, 2014, at which time we will initiate SEQRA. Discussion ensued regarding non-conforming use versus a non-conforming structure. APPROVAL OF MEETING MINUTES: Gary Hasbrouck made a motion to approve the October 27, 2014 minutes of the Zoning Board of Appeals meeting as submitted. City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 9 of 10 Keith Kaplan, Vice Chairman, 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 James Helicke made a motion to approve the October 20, 2014 minutes of the Zoning Board of Appeals meeting as submitted. Keith Kaplan, Vice Chairman, 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; Gary Hasbrouck, in favor; Skip Carlson, in favor; James Helicke, in favor MOTION PASSES: 5-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 10:19 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 3/9/15 City of Saratoga Springs Zoning Board Minutes – Monday, November 17, 2014 - Page 10 of 10