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Zoning Board of Appeals

Regular Meeting

Saratoga Springs, NY · December 8, 2014

AgendaMinutes

Minutes

ZONING BOARD OF APPEALS MINUTES MONDAY, DECEMBER 8, 2014 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman called the meeting to order at 7:00 P. M. SALUTE TO THE FLAG PRESENT: Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Oksana Ludd; James Helicke LATE ARRIVAL: Gary Hasbrouck arrived at 7:08 P.M. ABSENT: Bill Moore, Chairman, Skip Carlson STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Assistant City Attorney arrived at 7:20 P.M. 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: #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. #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. #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. #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. #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. #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. NEW BUSINESS: 1. #2799 STEWART'S SHOPS ADDITION, 30 Church Street, area variance for construction of a 475 sq. ft. addition to the existing building; seeking relief from the build-to-line, minimum frontage build-out and minimum two-story requirements in the Transect-6 District. SEQRA: Action appears to be a Type II action, "construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less that 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities" and therefore exempt from further SEQRA review. PARCEL HISTORY: September 25, 2002 Planning Board site plan review approval. September 12, 2002 DRC architectural review approval for rear addition. January 11, 1996 DRC architectural review approval for an addition. June 6, 1991 DRC architectural review approval for canopy. November 14, 1984 ZBA area variances for a storage shed. Planning Board and ZBA approvals for the construction of Stewart's in 1978. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum two- Two-story One-story 2585 One-story addition 475 sq. One-story addition 475 sq. ft. story sq.ft. ft. (100%) Build-to: 0-12' 106' 136' to addition 124' Frontage build- 70% 0% 0% 70% (100%) out NOTIFICATIONS/APPROVALS/CONDITIONS OF APPROVAL Saratoga County Planning Board referral is required. City Planning Board site plan review is required. DRC architectural review is required. Agent: Chuck Marshall, Real Estate Agent for Stewart's Mr. Marshall stated the applicant is proposing a 38 x 12 ½ ft addition. Also at this time the soffit and canopy will also be upgraded. LED lighting will be installed throughout the site as well as beneath the canopy. Canopy details were provided to the Board. The reason for the expansion is to alleviate the cramped quarters of the current store. Three variances are requested from the Zoning Board of Appeals. The existing store is pre-existing nonconforming with the T- 6 requirements. The building was existing prior to this code, therefore, the variance is not substantial. A 475 square foot addition to the rear of the building should not produce an undesirable change in the neighborhood. Replacement of all sidewalks is also included in this upgrade. Discussion ensued regarding build to line and the feasibility of a two story addition. Keith Kaplan, Vice Chairman asked if there were any further questions or comments from the Board. None heard. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 2 of 11 PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:12 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan stated the public hearing will remain open. A resolution will be prepared and presented at the December 15, 2014 Zoning Board of Appeals Meeting. 2. #2801 NELSON TWO-FAMILY RESIDENCE, 152 & 154 Elm Street, area variance for demolition of two existing single-family residences and construction of one two-family residence; seeking relief from the minimum average lot width and minimum lot size requirements for a two-family residence 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 lot size: two-family 8,000 sq. ft. 6,000 sq. ft. 2,000 sq. ft. (25%) Minimum average lot width, two-family 80 ft. 50 ft. 30 ft. (37.5%) Applicant: Teresa Nelson & Edmund Smythe Ms. Nelson stated the applicants have purchased two 1930 vintage homes. They would not meet any of the current zoning criteria, in fact they extend outside of the lot boundaries in some instances. We are proposing the demolition of these two single family residences on one lot and replacing it with one two-family residence. This will result in the same density and will bring the property into compliance with present day setback and dimensional requirements . The district permits two-family residences and the neighborhood is characterized by a mix of single-family, two-family and multi- family uses. The application indicates that the two existing eyesores, that do not enhance the neighborhood, would be removed. The site will remain permeable and would exceed the 25 required in the district. Four parking spaces are required for the two-family residence. A 600 sq. ft. detached garage is proposed with alley access. Discussion ensued regarding property line, neighborhood comparables, lot coverage and permeability. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:29 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan stated the public hearing will remain open. A resolution will be prepared and presented at the December 15, 2014 Zoning Board of Appeals Meeting. 3. #2802 CROCKER RESIDENTIAL LOTS, 35 Greenfield Avenue, area variance to provide for a single-family building lot; seeking relief from the minimum average lot width and minimum lot size requirements for the vacant lot and from the minimum average lot width requirement for the house lot in the Urban Residential-1 District. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 3 of 11 SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. PARCEL HISTORY: - Lot line adjustment with 199 Woodlawn Avenue., approved April 13, 2006. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum mean lot width: vacant lot 100 feet 74 feet 26 feet (26%) Minimum lot size: vacant lot 12,500 sq. ft. 11,454 sq. ft. 1.046 sq. ft. (8%) Minimum mean lot width: house lot 100 feet 85 feet 15 feet (15%) Agent: Eleanor Mullaney, Attorney Applicant: Ralph Crocker Ms. Mullaney stated the applicant inherited this property approximately one year ago. These properties were owned and maintained in common. A lot line adjustment between the subject lots and 199 Woodlawn created the nonconformity. Both of the lots are substandard with regard to the minimum mean lot width requirement; therefore a lot line adjustment would not alleviate the need for relief. Without the variance on the vacant lot the lot could not be developed. The variances would provide for a legal building lot for a single family residence, a permitted use in the UR-1 District. A survey which has been provided to the Board indicates that the buildable area of the lot. A single family residence could be designed within this area meeting the requirements of the UR-1 District. An additional curb cut off of Greenfield Avenue would be required for the new lot. Discussion ensued regarding the mean lot width and variances requested and lot line adjustment. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:42 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Thomas Berkley, 45 Greenfield Avenue. In the future there maybe a concern. At this time no pro or con. Keith Kaplan stated the public hearing will remain open. A resolution will be prepared and presented at the December 15, 2014 Zoning Board of Appeals Meeting. 4. #2803 MCINTYRE RESIDENCES, 110 Regent Street, area variance to construct two single-family residences on a recently subdivided lot; seeking relief from the minimum side yard and total side yard setbacks for the proposed main house; minimum average lot width and minimum side and rear yards for the proposed carriage house (second principal building); minimum side yard and total side yard setbacks to maintain a wood patio on the existing house at 28-32 White Street in the Urban Residential-4 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 4 of 11 PARCEL HISTORY: - Two lot subdivision approved on November 14, 2014. AREA VARIANCE CONSIDERATIONS: REQUIRED EXISTING PROPOSED TOTAL RELIEF REQUESTED Minimum mean lot width: carriage house 100 feet 0 feet 100 feet (100%) Minimum side yard setback: main house 20 feet 17 feet 3 feet (15%) Minimum total side yard setback: main house 45 feet 40 feet 5 feet (11%) Minimum side yard setback: carriage house 20 feet 12.5 feet 7.5 feet (37.5%) Minimum rear yard setback: carriage house 25 feet 5 feet 20 feet (80%) Minimum side yard setback: existing house 20 feet 3 feet 3 feet 17 feet (85%) on lot 1 Minimum rear yard setback: existing house 25 feet 20 feet 20 feet 5 feet (20%) on lot 1 Applicant: Steven McIntyre Mr. McIntyre gave a brief synopsis of the project. Subdivision approval has been received several weeks ago. Two of the seven variances are to provide for an existing wood patio to remain on the developed lot. Five of the seven variances are to accommodate new construction on a newly created conforming lot. The two variances for the main house may not be considered substantial. The minimum lot size is 3,000 square feet which would allow for maximum density of five units on the lot. There maybe design alternatives that would provide for greater compliance with the UR-4 district requirements. The project may not provide an undesirable change to the character of the neighborhood; the relief associated with this project may result in an undesirable change in this UR-4 district. The site to remain permeable is identified as 77% which exceeds the 15% required in the district. Two curb cuts are proposed, which will require approval from the Commission of Public Works. Subdivision approval states a second accessory curbcut may be installed. NEIGHBORHOOD INPUT: A petition in support of this project is signed by 14 neighbors and was provided to the Board. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:09 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Sherry Gray, 38 5th Avenue. Thank you to James for noting seven variances are requested on one property. Keith Kaplan stated the public hearing will remain open. A resolution will be prepared and presented at the December 15, 2014 Zoning Board of Appeals Meeting. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 5 of 11 5. #2804 VANDUZER ADDITION, 6 Mallard Landing, area variance to construct an approximate 600 sq. ft. first-floor master suite addition to an existing single-family residence; seeking relief from the minimum total side yard setback requirement in the Rural 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 Minimum total side 100 feet 96 feet 4 feet (4%) yard setback Agent: Jesse Boucher, Kodiak Construction Mr. Boucher stated the applicant is proposing a 600 square foot master suite addition to their home. All bedrooms are currently housed on the second floor. This section of the home was chosen for the addition due to the layout of the home and its accessibility. The rear of the home is the open living space and the windows face the rear so we have light and ventilation as well as function of interior layout. Alternative designs considered failed due to the layout of the house, such as the western side of the home which houses the semi-attached garage. The sitting of the proposed addition was most feasible as presented. The relief is not considered substantial at 4%. The minimum side yard setback of 30' will be met on the side with the addition. The addition would be 39' from the south side lot line. The design of the addition is intentionally designed to maintain the character of the house and neighborhood with a front facing roof, brick front façade, false gables over the front windows, and equal single unit windows on the flanking end. The proposed addition would not be visible from any neighboring lots. The site to remain permeable would exceed 80% required in the district. DISCLOSURE: Keith Kaplan, Vice Chairman stated he visited the property on Saturday, and met the VanDeusers. They did show him around their home. We did not discuss the merits of the application, they simply showed him where the proposed addition would be constructed. PUBLIC HEARING: Keith Kaplan, Vice Chairman, opened the public hearing at 8:15 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman closed the public hearing at 8:16 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2804 IN THE MATTER OF THE APPEAL OF Lex Vanduzer 6 Mallard Landing Saratoga Springs NY 12866 from the determination of the Building Inspector involving the premises at 6 Mallard Landing. in the City of Saratoga Springs, New York being tax parcel number 167.6-1-21 in the Outside District, on the Assessment Map of said City. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 6 of 11 The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of an addition to an existing single-family residence in a Rural Residential District and public notice having been duly given of a hearing on said application held on the 8th day of December 2014. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUESTED REQUIREMENT MINIMUM TOTAL SIDE YARD SETBACK 100’ 96’ 4’ OR 4% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The benefit sought by the applicant is to add a master bedroom suite to the first floor to allow aging in place. The proposed design puts the master bedroom suite to extend the south side of the existing house. The applicants note that the north side of the house is the garage, while the use of the west side of the house would impede the light and ventilation of the current rooms on that side. The Board agrees that a south side addition allows the continued functionality and flow of the existing first floor. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The applicants note that it is their intention to incorporate details characteristic to the existing house into the addition. 3. The Board notes this requested setback variance, at 4%, is not substantial. 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The Board notes permeability percentage of 88.5% exceeds the district requirement of 80%, and also notes the distance of the proposed addition to the neighbor’s property line at 39 feet plus significant vegetative buffering of that neighbor’s home. 5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition, but this is not necessarily fatal to the application. Gary Hasbrouck seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 5-0 OLD BUSINESS: 6. #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. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 7 of 11 This application was heard at the November 24, 2014 meeting and adjourned to December 8, 2014. The public hearing was opened and remains open. Applicant: Nick Pavoldi, Owner PUBLIC HEARING: Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman explained to the applicant there are only 4 voting members for this application this evening. The applicant chose for the Board to proceed for this application. Keith Kaplan, Vice Chairman closed the public hearing at 8:22 P.M. Keith Kaplan, Vice Chairman presented the following resolution. #2796 IN THE MATTER OF THE APPEAL OF Nick Pavoldi and James Pavoldi 75 Lake Avenue Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 75 Lake Ave. in the City of Saratoga Springs, New York being tax parcel number 165.52-3-4 in the Inside District, on the Assessment Map of said City. The appellant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of an addition to an existing single-family residence in a UR-4 District and public notice having been duly given of a hearing on said application held on the 24th day of November and 8th day of December 2014. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT MINIMUM FRONT YARD SETBACK 25’ 11’ 14’ OR 56% MINIMUM SIDE YARD SETBACK (WEST) 20’ 8.2’ 11.8’ OR 59% MINIMUM SIDE YARD SETBACK (EAST) 20’ 4.2’ 15.8’ OR 79% MINIMUM TOTAL SIDE YARD SETBACK 45’ 12.4’ 32.6’ OR 72% As per the submitted plans or lesser dimensions, be approved for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The applicants note that alternative designs were contemplated that could have reduced the west side variance slightly by reducing the depth of the addition, i.e. making the distance front-to-back shorter, however per the applicant that would result in difficulty in getting good bedroom sizes. A variance of some kind is unavoidable on that side since the existing building encroaches over setback, so the replacement and extension of that portion of the building requires relief. The east side variance is not avoidable as it is actually the distance from the existing building to that property line; thanks to the skewed positioning of the house on the property, the continuation of the east side of the building actually increases in distance from the property line as it goes to the City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 8 of 11 back. The applicant also notes that the back deck was narrowed to avoid further variances. Finally, the front yard setback variance proposed is no further of an encroachment than the existing encroachment. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed additions extend front to back, are no wider than the existing house, and present no street view change. The Board notes the property is relatively deep and narrow, and the need for variance is driven from the narrow configuration of the lot. The Board further notes this is a single family property in a neighborhood of mixed uses, with the City’s firehouse across the street, the State Military Museum two parcels to the west, a large commercial district to the west, residential districts to the east, and homes on either side. The Board finds the combination of unchanged street perspective and the neighborhood context decreases the potential impact of setback encroachments in this case. 3. The Board finds these variances to be substantial; however, as noted above the east side and front yard relief requests are continuations of pre-existing nonconformities and the west side variance would also be substantial if it was confined to the existing level- which is 9.8’ of relief, or 49%. 4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. The proposed amount of permeable surface calculated and reported by the applicants, 58%, will exceed the district requirement of 15%. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed addition, but this is not necessarily fatal to the application Adam McNeill, Secretary seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, abstained MOTION PASSES: 4-0-1 7. #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. This application was heard at the November 17, 2014 and November 24, 2014 meetings. The public hearing was opened on November 17, 2014 and closed on November 24, 2014. On November 24, 2014 a motion to approve failed to pass. Since the last appearance before the Board the application has been changed to decrease the size of the length of fencing along Lake Avenue from 8 feet to 6 feet. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing is open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Mary Tully, adjacent property owner. I initially wrote a letter in support. I did not fully understand the 8 foot height issue. I will be looking out a window at a wall. Our property will be impacted significantly by this 8 foot fencing. Sherry Gray, 38 5th Avenue. This is a historic district, this does set a precedent. It becomes an imposition on the neighbors. I do not want to see other 8 foot high fences in the community. City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 9 of 11 Keith Kaplan, Vice Chairman stated the public hearing was closed at the previous meeting and a resolution was presented and was unsuccessful. Keith Kaplan, Vice Chairman asked if anyone in the public wished to comment on this application. None heard. Keith Kaplan, Vice Chairman re-closed the public hearing at 8:30 P.M. Keith Kaplan, Vice Chairman stated the motion which was presented prior to the changes being made to the application. I am going to make a motion to remove this resolution from the table. Adam McNeill, Secretary seconded the motion. VOTE: Keith Kaplan, Vice Chairman, in favor; Oksana Ludd, in favor; Adam McNeill, Secretary, in favor; Gary Hasbrouck, in favor; James Helicke, in favor MOTION PASSES: 5-0 Keith Kaplan, Vice Chairman stated this application did receive the support of the neighbors. Additional information was provided to the Board regarding this fencing. Discussion ensued regarding the proposed changes and the lack of a full Board being present. Keith Kaplan, Vice Chairman stated the Board will adjourn this application until the next Zoning Board of Appeals Meeting scheduled for December 15, 2014. Keith Kaplan, Vice Chairman re-opened the public hearing at 8:37 P.M, and stated the public hearing will remain open. 7. #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. This application was heard at the October 20, 2014 meeting and adjourned to November 23, 2014. The public hearing was opened on October 20, 2014 and remains open. New information was provided by the applicant via email received November 20, 2014, providing some additional dimensions as well as drawings. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. NEIGHBOR INPUT: - Letter from Christine Miller, 3 Daggs Lane, dated November 16, 2014. - Letter from Donald Mowbry, 9 Daggs Lane, received November 19, 2014. - email from Theodore Roupas, applicant, dated, November 20, 2014. - 2 letters from Shawn Walmsley, 5 Richard Avenue, dated November 24, 2014. Applicant: Theodore Roupas City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 10 of 11 Mr. Roupas provided the Board with additional information concerning the commonly used antenna, and those most commonly used by local amateur radio operators. One local resident has a larger antenna than what the applicant is proposing and did receive approval from the City of Saratoga Springs. Mr. Roupas explained painting of the structure and antenna since it makes it more obvious and it is not recommended since it diminishes the capability of the antenna. Board member James Helicke reviewed a recent court case and proposed negotiating a satisfactory compromise with the applicant, and minimizing the impact on the neighbors. Why won't a 6 foot tall antenna do. Mr. Helicke suggested a condition be placed on the resolution stating removal of the antenna when the applicant moves. Discussion ensued regarding licensure and liability insurance. Tony Izzo, Assistant City Attorney provided some guidance to the Board regarding the antenna structure and conditions which could be placed on the variance. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing remains open. Is there anyone in the audience who wishes to comment on this application. If you have spoken at a prior meeting there is no need to reiterate the same information. It is already a part of the record. Sean Wallmsley, 5 Richard Avenue. Spoke requesting the placement of the proposed antenna. Aesthetically impacting the neighbors since everyone will see the antenna. Perhaps moving the location of the antenna on roof, it will be less invasive and reduces the substantiality of the variance. Robert Townsend, 23 Doten Avenue. Looking for a reasonable size antenna. Rights versus responsibility. Bob Plummer, across the street from Mr. Wallmsly. The antenna would be visible from my home. I am concerned regarding interference. Amy Cassidy, 38 Doten Avenue. Aesthetically not ideal. I would prefer it would not be built. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing will remain open. Keith Kaplan, Vice Chairman stated the applicant has been asked for more information. We expect to present resolution at the next Zoning Board of Appeals meeting scheduled for Monday, December 15, 2014. APPROVAL OF MEETING MINUTES Approval of meeting minutes was deferred to the December 15, 2014 meeting. MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 9:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 1/26/15 City of Saratoga Springs Zoning Board Minutes – Monday, December 8, 2014 - Page 11 of 11

Agenda

Bill Moore CITY OF SARATOGA SPRINGS Chair Keith Kaplan Vice Chair ZONING BOARD OF APPEALS Adam McNeill  Secretary George “Skip” Carlson CITY HALL - 474 BROADWAY Gary Hasbrouck SARATOGA SPRINGS, NEW YORK 12866 Oksana M. Ludd PH) 518-587-3550 FX) 518-580-9480 James Helicke WWW .SARATOGA-SPRINGS.ORG ZBA Meeting – Monday, December 8, 2014 City Council Chambers – 7:00 p.m. AGENDA WORKSHOP: 6:30PM SALUTE THE FLAG ROLL CALL NEW BUSINESS: 1. #2799 STEWART’S SHOPS ADDITION, 30 Church Street, area variance for construction of a 475 sq. ft. addition to the existing building; seeking relief from the build-to-line, minimum frontage build-out and minimum two-story requirements in the Transect-6 District. 2. #2801 NELSON TWO-FAMILY RESIDENCE, 152 & 154 Elm Street, area variance for demolition of two existing single-family residences and construction of one two-family residence; seeking relief from the minimum average lot width and minimum lot size requirements for a two-family residence in the Urban Residential – 3 District. 3. #2802 CROCKER RESIDENTIAL LOTS, 35 Greenfield Avenue, area variance to provide for a single- family building lot; seeking relief from the minimum average lot width and minimum lot size requirements for the vacant lot and from the minimum average lot width requirement for the house lot in the Urban Residential – 1 District. 4. #2803 MCINTYRE RESIDENCES, 110 Regent Street, area variance to construct two single-family residences on a recently subdivided lot; seeking relief from the minimum side yard and total side yard setbacks for the proposed main house; minimum average lot width and minimum side and rear yards for the proposed carriage house (second principal building); minimum side yard and total side yard setbacks to maintain a wood patio on the existing house at 28-32 White Street in the Urban Residential – 4 District. 5. #2804 VANDUZER ADDITION, 6 Mallard Landing, area variance to construct an approximate 600 sq. ft. first-floor master suite addition to an existing single-family residence; seeking relief from the minimum total side yard setback requirement in the Rural Residential District. OLD BUSINESS: 6. #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. 7. #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. 8. #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. ADJOURNED ITEMS: 9. #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. 10. #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. 11. #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. 12. #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, maximum principal building coverage and minimum setback from accessory to principal building requirements in the Urban Residential – 4 District. 13. #2747 CONGREGATION &YESHIVA PARDES DORMITORY, 1 Veterans Way, area variance for expansion of the existing school including construction of an approximate 10,000 sq. ft. residential building; seeking relief from the maximum principal building coverage requirement in the UR-1 district. 14. #2786 RITE AID REDEVELOPMENT, 90 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, minimum frontage build-out and minimum two-story requirements in the Transect-5 District. OTHER BUSINESS a. DRAFT 2015 CALENDAR DISCUSSION b. APPROVAL OF NOVEMBER DRAFT MEETING MINUTES c. NEXT ZONING BOARD MEETING: DECEMBER 15, 2014 Note: This agenda is subject to change. To verify the actual agenda prior to the meeting, please contact the Zoning Office at 587- 3550 extension 2533. AS OF 12/5/2014 3:11 PM

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