Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, JANUARY 8, 2017 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Bill Moore, Chairman, called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG: PRESENT: Bill Moore, Chairman; Keith Kaplan, Vice Chairman; Susan Steer; Adam McNeill, Secretary Brad Gallagher; Cheryl Grey; James Helicke, STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Mark Schachner, Counsel to the Land Use Boards COMMENTS FROM THE CHAIR: Bill Moore, Chairman welcomed new Board member Brad Gallagher. 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: #3008 HENNESSY GARAGE, 165 Spring Street, area variance to demolish existing detached garage and construct new detached garage with second story finished space; seeking relief from the maximum accessory building coverage and to permit finished space in an accessory structure (residential) requirements in the Urban Residential-3 District. #3006 BOUCHER SUBDIVISION, 2 Glenmore Avenue, area variance for a proposed six-lot residential subdivision; seeking relief from the minimum lot size requirement for two of the lots in the Urban Residential-2 District. #2953 STATION PARK MIXED USE DEVELOPMENT, Washington Street and Station Lane, area variance for a proposed multi-use development containing a 110 room hotel, 88 senior housing units, 41 assisted living units, 90 townhouses, and 28,060 square feet of retail; seeking relief from the frontage build to and build out, minimum two story and maximum building height requirements in the Transect-5 District. #3001 ZIMMERMAN SUBDIVISION, 139 Grand Avenue, area variance with a two-lot residential subdivision; seeking relief from the minimum average lot width and minimum lot size (lot 1) and minimum lot area (lot 2) and minimum side yard setback or existing residence on proposed lot1 in the Urban Residential-3 District. #2817.1 ADELPHI HOTEL EXPANSION, 19-23 Washington Street, deferral of Lead Agency status to the Planning Board associated with construction of a hotel and spa; seeking relief from the frontage build-to and build-out requirements in the Transect-6 District. #2991 CARUSO GARAGE, 565 Grand Avenue, area variance to maintain an existing residential garage; seeking relief from the minimum side yard setback requirement in the Rural Residential District.  #2969 PEEK CARRIAGE HOUSE, 34 York Avenue, area variance to demolish an existing barn/garage and rebuild a new garage with habitable space; seeking relief from the maximum accessory building coverage requirement and to permit habitable/finished space in an accessory structure (residential) in the Urban Residential-3 District. #2988 KOSIBA GARAGE APARTMENT, 5 Beekman Street, area variance to construct a detached garage with dwelling unit; seeking relief from the minimum lot size requirement for a second single-family residence, to permit more than one principal building on a lot and minimum rear yard setback requirements in the Urban Residential-3 District. #2989 PEPPERS CORNER MARKET, 173 Lake Avenue, area variance to demolish the existing structure and construct a new 1,960 sq. ft. market for two retail tenants and two wall signs; seeking relief from the minimum parking requirement and to permit two wall signs in the Urban Residential-3 District. #2932 DEVALL CARRIAGE HOUSE, 59 Franklin Street, area variance for construction of a three-car carriage house with a second story dwelling unit; seeking relief from the minimum front yard setback (Cherry St.) and minimum side yard setback. #2957 MANEY MULTI-FAMILY, 18 Cherry Street and 38 Marvin Alley, discussion and consideration for Coordinated SEQRA Review for two residential condominium buildings and associated site work in the Urban Residential-4 District. #2931 LAKE LOCAL, 550 Union Avenue, consideration for Coordinated SEQRA Review for expansion and construction of eating and drinking establishment, marina and docks and tourist accommodations in the Water Related Business and Rural Residential Districts. #2992 NORTHBURG CAMPGROUND, 62 Muldowney Road, initiation of Coordinated SEQRA Review associated with a use variance for a campground; seeking relief from the permitted uses in a Rural Residential District. #2997 ED’S GARAGE, 578 Lake Avenue, appeal of the Zoning and Building Inspector’s determination that the existing automobile garage is not a lawful pre-existing non conforming use in the Rural Residential District. OLD BUSINESS: 1. #2980 CODE BLUE INTERPRETATION, 14 Walworth Street, interpretation appeal of determination of the Zoning and Building Inspector that the proposed Code Blue Emergency Shelter is consistent with a use defined as neighborhood rooming house in the Urban Residential-4 District. SEQRA: This is a Type II action and therefore exempt from further SEQRA review. Bill Moore, Chairman stated this application was heard at the December 18, 2017 meeting and adjourned to January 8, 2018. The public hearing was opened and closed on December 18, 2017. No additional information was requested by the Board. Bill Moore, Chairman asked if there were any further questions or comments from the Board. None heard. James Helicke presented the following resolution. City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 2 of 8  #2980 IN THE MATTER OF THE APPEAL OF ROBERT PRINGLE, ANGELA PRINGLE, KYRA PRINGLE, MARIKA MURRAY, COLLEEN MORGAN, CHARLES BENTLEY, CONSTANCE CONTOMPASIS, CHRIS ERMIDES, DAVID RAILSBACK, ALISON RAILSBACK, DAVID EGER, MATTHEW DICKSON, SUZANNE DICKSON, EMANUEL CONTOMPASIS, MARY ELLEN CONTOMPASIS, BETH DELLAROCCO, STEVE LABATE, MAUREEN CURTIN, ROBERT SPRING, KATHRYN SPRING, CELIA DILLION, THOMAS DILLION CONCERNING THE BUILDING INSPECTOR’S DETERMINATION FOR SHELTERS OF SARATOGA 14 WALWORTH STREET SARATOGA SPRINGS, NY 12866 This Interpretation Appeal was submitted by several neighbors who reside in close proximity to a property located at 14 Walworth Street and identified as tax parcel numbers 165.58-3-24 & 42 in the Urban Residential – 4 District on the assessment map of the City of Saratoga Springs, New York. The appeal applicants assert their standing as aggrieved parties to challenge the May 25, 2017 determination of the Zoning and Building Inspector that a proposed addition to an existing residence in order to provide Code Blue emergency shelter services constituted a “neighborhood rooming house” as defined in the City’s Zoning Ordinance and subject to the issuance of a special use permit by the Planning Board of the City of Saratoga Springs. The Zoning Board of Appeals has reviewed legal arguments submitted by both counsel for the Neighbors and for Shelters of Saratoga, as well as verbal and written comments made and submitted during the public hearing held on December 18, 2017. In reference to this challenge, the Board makes the following findings: The Board notes that on February 27, 2017 Shelters of Saratoga submitted to the City Planning Office its application for area variances for proposed construction of a 6,400 sq. ft. addition to an existing residence for its Code Blue program. Shelters of Saratoga, Inc. is a NYS not-for-profit corporation serving the homeless community in the area. Its Code Blue program provides safe, warm and secure shelter during periods of extreme cold as set forth in New York Executive Order 151. The current Comprehensive Plan adopted by the City Council on June 16, 2015 calls for support for efforts to “provide adequate temporary shelters for the homeless and at risk population.” The Building Inspector, Stephen Shaw, determined that the proposed project met the definition of a “neighborhood rooming house” as outlined in the City’s Zoning Ordinance and also determined that area variances requiring approval by the Zoning Board of Appeals (ZBA) were required for the project to proceed. The Zoning Board of Appeals held public hearings on the Code Blue application for area variances on March 27, 2017 and April 10, 2017. On April 10, 2017, the ZBA approved area variances for the Code Blue project. On May 25, 2017, at the request of the applicants for this appeal, Mr. Shaw explained the rationale for his determination that the proposed additions constituted a “neighborhood rooming house” in a letter to Claudia K. Braymer, attorney for the appeal applicants. In this letter, Mr. Shaw referred to the definition of “neighborhood rooming house” as outlined in the City’s Zoning Ordinance: “a single-family or two-family residential structure, owner-occupied or under the supervision of a resident manager, in which one to four rooms are made available to lodgers for compensation for a rental period of no less than twenty-eight consecutive days. A common kitchen facility may be available to lodgers but shall have no kitchen facilities in any guestroom.” Mr. Shaw wrote that “the Code Blue facility, as proposed, meets the above criteria. The structure is set up as a residence in the front and a residence in the rear thus being the very definition of a two-family residence. The facility will not be owner-occupied but it will have a resident manager. There will be two large rooms which will be available to lodgers and the owner will be compensated by way of outside funding including grants and donations. The facility will operate beginning in the late fall on the first day when outside temperatures dip City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 3 of 8 below 32 degrees and will remain available all winter which is well more than the required twenty-eight days. Lodgers maintain their residency throughout based on the fact that they are allowed to keep personal items on site and may receive mail or other messages during the residency period. A common kitchen facility will be in the rear residence that will be utilized by all the lodgers in that unit but no kitchen facilities will be in any guest room.” The appeal applicants have objected to Mr. Shaw’s determination in an appeal to the ZBA, writing that “there are three main requirements to satisfy this definition, (1) the rooms offered must be rooms in a ‘single family or two-family residential structure,’ (2) the rooms must be made available to ‘lodgers’ ‘for compensation,’ and (3) the rental period must a minimum of twenty-eight consecutive days.” The appeal applicants contend that “the proposed Code Blue facility does not meet any of these requirements.” The Board, however, does not find the appeal applicants’ arguments persuasive and affirms the Building Inspector’s determination that the Code Blue project constitutes a neighborhood rooming house as outlined in the City’s Zoning Ordinance for the following reasons: 1. The building, with proposed addition, meets the definition of a two-family residence. The City’s Zoning Ordinance defines a two-family residence in terms of structural attributes rather than occupancy or use. According to the City’s Zoning Ordinance, a “residence - two-family” is defined as “a residential structure containing two dwelling units.” A “dwelling-unit” is further defined as “a residence having direct access from the outside of the building or through a common hall and a complete kitchen facility for the exclusive use of the occupants.” The Board notes that, according to this definition, the proposed project will continue to have two distinct dwelling units - one in the front and another in the rear - each of which will have direct access from the outside of the building. Each also will contain a complete kitchen facility for the exclusive use of the occupants. The Board notes that neither the term “residence” nor “residential” are explicitly defined in the Zoning Ordinance. However, the intended use of the structure is consistent with several plain language meanings of residence, including “dwelling.” 2. As Mr. Shaw has noted, “the facility will not be owner-occupied but it will have a resident manager.” Shelters of Saratoga has indicated that staff and volunteers will supervise and oversee the facility when used for the Code Blue program. 3. The intended use is consistent with the neighborhood rooming house definition that “one to four rooms are made available to lodgers.” The appeal applicants’ attorney has objected that “Clearly, the open-space dorm areas to house dozens of people each are not ‘rooms’ as used in the City’s Zoning Ordinance’s definition of ‘Neighborhood Rooming House.’” However, the Board notes that City Zoning Ordinance does not specify the size or provide other requirements for a “room.” Instead, broad latitude is given to the city’s Planning Board to review physical aspects of a proposed project—including room size—and occupancy as part of site plan and special use permit project reviews. Both site plan approval and a special use permit are required for this project. The Board finds that rooms “are made available to lodgers for compensation.” The Building Inspector has determined that Shelters of Saratoga “will be compensated by way of outside funding including grants and donations.” Shelters of Saratoga has also indicated that it receives compensation for housing individuals as part of the Code Blue program. The appeal applicants have objected that “Homeless persons are not charged in any way for use or occupancy of the Code Blue facility” and that “‘outside compensation’ from persons other than the tenants of Neighborhood Rooming House” would not fulfill this component of the definition. However, the appeal applicants’ argument is problematic. First, compensation is not defined in the Zoning Ordinance. The Zoning Ordinance does not specify how or from whom compensation must be received, and the ZBA cannot presume that any particular method was required or prohibited by the City Council in enacting this definition. Moreover, the appeal applicants’ reasoning that no outside funding may be used to pay for lodging would also apply to a hotel/motel or an inn, both of City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 4 of 8  which also provide rooms “for compensation” according to the City’s Zoning Ordinance. According to this logic, a business would not be allowed to provide compensation for the stay of a business traveler, nor could any for-profit inn or hotel/motel legally sell a gift certificate since “outside compensation” would be involved. The ZBA, therefore, affirms that the grants and donations that Shelters of Saratoga receives constitute “compensation” as indicated in the definition of “neighborhood rooming house.” Shelters of Saratoga has indicated that it receives “compensation” through a variety of means, including grants and donations in exchange for providing Code Blue services. The board also finds that excluding grants or donations from compensation, as suggested by the Applicants, would disadvantage not-for-profit organizations to ones that seek profit, since not-for-profit organizations disproportionately depend on such means of compensation to provide services. 4. The proposed facility will be “made available to lodgers for compensation for a rental period of no less than twenty- eight consecutive days.” Mr. Shaw explained that the proposed facility would meet this requirement because “the facility will operate beginning in the late fall on the first day when outside temperatures dip below 32 degrees and will remain available all winter which is well more than the required twenty-eight days.” The Board also notes that the language of the “neighborhood rooming house” definition does not indicate that each lodger is required to stay overnight in a specific room for 28 days consecutively, but that “one to four rooms are made available to lodgers for compensation for a rental period of no less than twenty-eight consecutive days.” That is, the requirement is that “rooms are made available to lodgers” for a period of at least 28 days. The Ordinance only requires that rooms are “made available” to lodgers. According to Shelters of Saratoga, “Code Blue will always be available for its lodgers consistent with the requirements of [NYS] Executive Order 151 during the season or approximately 4 months.” Additionally, as Mr. Shaw has written, lodgers “are allowed to keep personal items on site and may receive mail or other messages” throughout the period that Code Blue operates. According to Shelters of Saratoga, “in 2016-2017 alone, Code Blue was open for two consecutive 28-day periods: December 19, 2016 to January 15, 2017 and January 22, 2017 to February 18, 2017.” The Board, therefore, finds reasonable Mr. Shaw's determination that the proposed project meets the 28 consecutive day requirement. 5. Finally, the proposed structure will have a common kitchen facility, but there will be no kitchen facilities in a guestroom, as stipulated by the definition of neighborhood rooming house. The Board finds that the Building Inspector’s determination that the proposed Code Blue facilities constitute a “neighborhood rooming house” as defined by the City’s Zoning Ordinance was reasonable and had a rational basis and the Board agrees with it. Therefore, the Building Inspector’s determination is upheld and affirmed. Note: ZBA resolution dated April 10, 2017; letter from Building Inspector Shaw dated May 25, 2017 Cheryl Grey seconded the motion. Bill Moore, Chairman asked if there was any further discussion. James Helicke provided weather data dating back ten years, as well as temperature studies. Discussion ensued among the Board regarding the wording in the resolution presented. Question arose as to the actual date being referenced in the resolution as well as the weather data provided. Mark Schachner, Counsel to the Land Use Board stated the Board should take the date of Mr. Shaw’s letter, where he set forth his reasoning as the day of his determination. The date is May 25, 2017 and that should be treated as the date of determination. That date is specified in the resolution. Concerning the temperature data supplied, there is no requirement for this data in this resolution. City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 5 of 8 The amended resolution is presented above. Adam McNeill, Secretary made a motion in the matter of the Code Blue Interpretation, 14 Walworth Street that the resolution be approved as modified. Keith Kaplan, Vice Chairman seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Brad Gallagher, in favor; Cherie Grey, in favor; James Helicke, in favor MOTION PASSES: 7-0 NOTE: Mark Schachner, Counsel to the Land Use Boards exited the meeting at 7:35 P.M. NEW BUSINESS: 2. #3010 BONANNI ADDITION, 95 George Street, area variance for an addition to an existing single family residence; Seeking relief from the minimum side yard setback 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 side yard setback: 4 ft. 2.9 ft. 1.1 ft. (27%) Agent: Tom Frost, Architect. Applicant: Maureen and Vincent Bonanni Mr. Frost stated this lot is a small lot which is pre-existing nonconforming. The existing building is actually over the west side yard setback. The second story of it, the edge of the roof overhang, is right on the property line. We are adding to the back of the building a one story addition which includes a breakfast room, a family room and a master bedroom. The breakfast room which will be on the west side of this addition a roof overhang that will be over the 4ft setback line by about 1foot 1inch and extend 14 ½ feet along that property line. The wall of the building will be almost 8 inches further away from the property line so it is not a huge imposition on the neighboring property. We are okay with everything else including lot coverage and permeability. The Board recessed at 7:40 P.M. The Board reconvened at 7:43 P.M. Cherie Grey questioned the amount of relief requested. Mr. Frost explained the relief requested. PUBLIC HEARING: City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 6 of 8 Bill Moore, Chairman opened the public hearing at 7:46 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 ZBA Meeting scheduled for January 22, 2018. 3. #3011 GREEN PORCH, 130 Van Dam Street, area variance for front porch roof addition to an existing multi-family residence; seeking relief from the minimum front and side yard setback requirements 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 ft. 5.3 ft. 4.7 ft. (47%) Minimum side yard setback 4 ft. .9 ft. 3.1 ft. (77.5%) Applicant: Brian Green Mr. Green stated they are proposing to construct a new roof on the porch. We made a determination this was the best course of action. PUBLIC HEARING: Bill Moore, Chairman opened the public hearing at 7:56 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 ZBA meeting scheduled for January 22, 2018. APPROVAL OF MEETING MINUTES: Keith Kaplan, Vice Chairman made a motion to approve the minutes of the December 9, 2017 Zoning Board of Appeals with modifications. Cheryl Grey seconded the motion. VOTE: Bill Moore, Chairman, in favor; Keith Kaplan, Vice Chairman, in favor; Susan Steer, in favor; Adam McNeill, Secretary, in favor; Brad Gallagher, in favor; Cherie Grey, in favor; James Helicke, in favor City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 7 of 8 MOTION PASSES: 7-0 MOTION TO ADJOURN: There being no further business to discuss Bill Moore, Chairman adjourned the meeting at 8:00 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 3-5-18 City of Saratoga Springs - Zoning Board of Appeals – January 8, 2018 - Page 8 of 8