Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, FEBRUARY 12, 2018 7:00 P.M. CITY COUNCIL ROOM CALL TO ORDER: Keith Kaplan, Vice Chairman, called the meeting to order at 7:01 P.M. SALUTE TO THE FLAG: PRESENT: Keith Kaplan, Vice Chairman; Adam McNeill, Secretary; Cheryl Grey; James Helicke, Oksana Ludd, Alternate; Becky Kern, Alternate ABSENT: Bill Moore, Chairman, Susan Steer; Brad Gallagher STAFF: Susan Barden, Senior Planner, City of Saratoga Springs Tony Izzo, Deputy 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: #3007 BOLDER VENTURES SUBDIVISION, 116 High Rock Avenue, area variance for a proposed two lot subdivision; seeking relief from the minimum average lot width requirement for each of the lots and minimum front yard, side yard and total side yard setbacks and maximum principal building coverage requirements for each of the residences in the Urban Residential-5 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. #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. NEW BUSINESS: 1. #3017 ADIRONDACK TRUST SIGNAGE, 473 Broadway, area variance for two wall signs, seeking relief from the minimum height for logo and lettering and placement above the first floor level of the building requirements in the Transect-6 District. SEQRA: Action appears to be a Type II action, and therefore exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum height logo: Broadway elevation 18” 51” 33” (183%) Maximum placement on building: Broadway elevation 1st floor level Above first floor level Placement above 1st floor level of building (100%) Maximum height logo: Church Street elevation 18” 48” 30” (167%) Maximum height lettering: Church Street elevation 18” 21” 3” (17%) Maximum placement on building: Church Street elevation 1st floor level Above first floor level Placement above 1st floor level of building (100%) Applicant: Dean Kolligian, Director of Facilities & Security Adirondack Trust Company Agent: Tom Wheeler, AJ Sign Company; Mr. Wheeler stated Adirondack Trust has rebranded its image. They are looking to replace the signage which currently exists at the back of the building with a new set of channel letters in the same location. Their new logo is somewhat different from their old one in that they are accentuating the A and really wish to brand the A mark, that is the reasoning for the size of the A. The Adirondack lettering is similar to what exists and is somewhat bigger than the wording Trust Company. You will begin to see the new lettering at all their branches. Susan Barden, Senior Planner stated currently there is a variance in place for signage above the third floor level and also for signage on an elevation that does not have street frontage. Mr. Wheeler stated the applicant is looking for relief for lettering over 18 inches in height for the lettering and logo. Keith Kaplan, Vice Chairman stated there are variances required for two areas of relief. Upon review by the Zoning and Building Inspector there are five areas of relief required. Mr. Wheeler stated on the front of the building there is a small round window and the applicant is looking to place a sign in the form of a letter A in that location as well. This will be placed on the outside of the building. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 2 of 10 Keith Kaplan, Vice Chairman stated the applicant is before the ZBA for dimensional relief. DRC Historic Review is required for this application as well. Upon reviewing this it is my opinion to obtain an Advisory Opinion from the DRC. They will review this and have some input which could make our dimensional relief moot. They may suggest something which would require a different type of dimensional relief. James Helicke stated he is also in favor of requesting an Advisory Opinion from the DRC. Keith Kaplan, Vice Chairman stated regarding dimensional relief requested he found the signage to be massive. He requested from the applicant’s agent photo simulations of different sizes of signage for the Board to review. Becky Kern, Alternate questioned the lettering which looks different than what currently exists. Mr. Wheeler stated that is due in part to the change in the coloring of the lettering. Current lettering is gold. Proposed lettering is white. They will still be reverse lit channel letters of the same size. Same style of lighting. Cheryl Grey stated the size of the logo on the front of the building is very large at 51” and the requested variance is very large. James Helicke requested if the Board could see some alternate configurations. The logo in particular. This is the main street in Saratoga Springs and is significant in character. DRC may have some suggestions concerning the layout of signage is important as well. Adam McNeill, Secretary stated dimensional relief is what this Board is tasked with. It is our responsibility. Discussion ensued concerning obtaining the Advisory Opinion from the DRC. James Helicke made a request for an Advisory Opinion from the DRC on the suitability of the signage in terms of how this signage fits into the neighborhood character, and the placement of the proposed signage. 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; Becky Kern, Alternate, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, in favor; Cherie Grey, in favor; James Helicke, in favor MOTION PASSES: 6-0 Keith Kaplan, Vice Chairman requested the photo simulations be submitted to staff one week prior to your return before this Board. Keith Kaplan, Vice Chairman asked if there were any further questions or comments from the Board. None heard. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 3 of 10 PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:30 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. DISCLOSURE: Tony Izzo, Deputy City Attorney stated he does maintain an account at this bank. Keith Kaplan, Vice Chairman stated the public hearing will remain open. 2. #3018 CONGRESS PLAZA SIGN, 68 Congress Street, area variance to construct a new freestanding sign; seeking relief from the maximum size requirement in the Transect-6 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: -Area variance for Embassy Suites including relief for a second freestanding sign where only one is permitted per parcel. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum size freestanding sign: 12 sq. ft. 50 sq. ft. 38 sq. ft. (317%) Agent: Tom Wheeler, AJ Sign Company Mr. Wheeler stated what the applicant is proposing is to replace this old sign. The proposed sign is the same square footage as is the existing with the exception it is lower to the ground. The only visibility these tenants have is this sign. The applicant is proposing lowering the new sign and removing the existing overgrown shrubbery. This will be more vehicle-friendly. This is a better looking sign which fits the area. We are asking for the same square footage which exists only replacing it with something new. Keith Kaplan, Vice Chairman questioned the number of tenants listed on the current signage. Mr. Wheeler stated they have divided the proposed sign into 12 slots. Keith Kaplan, Vice Chairman questioned the reasoning for the lowering of the proposed sign. Mr. Wheeler stated there is a large tree in the area which obstructs visibility and we wish to go below the canopy of the tree. Keith Kaplan, Vice Chairman requested a photo of the proposed signage from both directions. Also a photo simulation of a smaller version of this sign would be helpful. I am not bothered by the size of the sign but this would be helpful. Becky Kern, alternate questioned if the applicant is proposing any type of landscaping in this area. Discussion ensued among the Board concerning the placement of the sign. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 4 of 10 Adam McNeill, Secretary questioned the number of tenants as well as the square footage of the current sign. Cherie Grey questioned the possibility of a street address on the current signage. Donald MacElroy, DCG Development spoke concerning the signage and the lack of an address on the sign. Mr. MacElroy stated there are approximately 15 or 16 addresses for this site. They are all Congress Street addresses and run from 35 up to 86. We did not choose the addresses they were assigned. Placing an address on the proposed sign would be difficult. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 7:45 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Richard Taylor, RS Taylor & Son Brewery, he stated he absolutely likes a sign on Congress Street. Request the Board assures the size of the sign is appropriate as you drive by. Keith Kaplan, Vice Chairman stated we will leave the public hearing opened until the next ZBA meeting on March 5th. A resolution will be prepared and presented at that time. 3. #3014 BEYER RESIDENCE, 201 West Circular Street, area variance to construct a detached garage and pool; seeking relief from the maximum accessory building coverage requirements in the Urban Residential-2 District. SEQRA: Action appears to be a Type II action and therefore exempt from further SEQRA review. PARCEL HISTORY: -Two lot residential subdivision approved. -Area variance associated with a two-lot subdivision, relief from the minimum lot size requirement for one of the lots granted May 9, 2016. AREA VARIANCE CONSIDERATIONS: REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum accessory building coverage: 10% 14.5% 4.5% (45%) Minimum side yard setback to pool: 8 ft. 3 ft. 5 ft. (62%) Agent: Corrina Martino, Martino Engineering Ms. Martino provided a visual presentation of the proposed site plan. This parcel was subdivided last year by the Planning Board. The site is currently under construction with a single family home. The applicant has decided he would like to add a pool. The garage was originally 14 wide by 24 long structure, 416 square feet. We have reviewed several different options however the applicant drives a full size truck. This is the minimum we can provide for inside storage of his vehicle. The pool 30 x 18 foot is the minimum size pool that can safety accommodate diving. He has young grandchildren and this is a safety concern. We did review options and placement of the garage. An attached garage was not an option since the home the applicant purchased was a prefabricated home. We reoriented the pool several different ways and several different size and shape pools but this was the best option. Ms. Martino noted the similarity of other parcels in the area. This is in keeping with the character of the neighborhood. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 5 of 10 Adam McNeill, Secretary spoke concerning the Planning Board granting subdivision for this property, noting the applicant appeared before this Board as well. Discussion ensued among the Board concerning the prior appearance of the applicant before this Board and what relief was requested and granted. Cherie Grey questioned the size of the garage. James Helicke stated he is fine with the garage. He does have some concerns with the pool. Keith Kaplan, Vice Chairman stated he echoes James concerns. Keith Kaplan, Vice Chairman requested revised mechanicals for the projects. We will have a resolution prepared and presented at the next ZBA meeting scheduled for March 5, 2018. Cherie Grey questioned the building coverage on this lot. Ms. Martino stated 29%. Permeability is 53%. Becky Kern questioned why this was not proposed all at once. Ms. Martino stated the pool was an afterthought. PUBLIC HEARING: Keith Kaplan, Vice Chairman opened the public hearing at 8:00 P.M. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. Keith Kaplan, Vice Chairman stated the public hearing will remain open until the next ZBA Meeting scheduled for March 5, 2018 when a resolution will be presented. Board Alternate Becky Kerns exited the meeting. OLD BUSINESS: 1. #2776.2 GUARINO/HANER EXTENSION, 21 Park Place, area variance extension for construction of two (2) two- family residences; seeking relief from the minimum front yard setback and minimum principal building coverage requirements in the Urban Residential-3 District. This application was heard at the February 5, 2018 meeting and adjourned to February 12, 2018. The public hearing was opened and remains open. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing was opened and remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. None heard. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 6 of 10 Keith Kaplan, Vice Chairman closed the public hearing at closed at 8:02 P.M. Cheryl Grey presented the following resolution. #2778.2 IN THE MATTER OF THE APPEAL OF David Guarino and Linda Haner 21 Park Place Saratoga Springs, NY 12866 Based on the submitted evidence that the application for an extension of a granted area variance does not differ from the original application and that there have been no significant changes in the condition of property or neighborhood for the premises at 21 Park Place, in the City of Saratoga Springs, New York, being Tax Parcel #165.84-1-1 on the assessment map of said City. The board moves that the extension of the application of David Guarino and Linda Haner granted on December 15, 2014 and extended with motion #2778.1 of an 18 month extension to December 29, 2017 and being further extended for an 18 month extension to June 29, 2019. The variance shall expire on June 29, 2019 unless the necessary building permit has been issued and actual construction has begun per the Zoning Ordinance. Public hearing was held on February 5 and 12, 2018. Note: This is the second and final extension of the original area variance. James Helicke seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. None heard. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, in favor; Cheryl Grey, opposed; James Helicke, in favor MOTION PASSES: 4-1 2. 3016 HODGE GARAGE APARTMENT, 39 North Street, area variance to permit a dwelling unit in an existing detached garage; seeking relief from the minimum average lot width requirement for a second single-family Residence and from the maximum principal buildings on one lot requirement in the Urban Residential-3 District. This application was heard at the February 5, 2018 meeting and adjourned to February 12, 2018. The public hearing was opened and remains open. Interior photos were requested by the Board and provided to the Board on February 6. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing was opened and remains open. 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 8:09 P.M. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 7 of 10 James Helicke presented the following resolution. #3016 IN THE MATTER OF THE APPEAL OF Mark Hodge 39 North Street SARATOGA SPRINGS, NY 12866 From the determination of the Building Inspector involving the premises at 39 North Street in the City of Saratoga Springs, NY, being tax parcel number 166.45-2-4 on the Assessment Map of said City. The Applicant having applied for an area variance to permit a dwelling unit in an existing detached garage and seeking relief as described below in the Urban Residential – 3 District and public notice having been duly given of a hearing on said application on the 5th and 12th days of February 2018. In consideration of the balance between the benefit to the Applicants with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT DIMENSIONAL PROPOSED RELIEF REQUIREMENT REQUESTED Minimum average lot width: Second single family residence 60 ft. 22.72 ft. 37.28 ft. (62%) Max. no. of principal buildings on one lot: 1 2 1 (100%) 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 property is large enough to provide for a two-family residence at 82.72 ft. wide and 13,272 sq. ft. in area. The existing house has been converted from a two-family residence to a single-family residence. The same residential density would result in the two dwelling units provided within two separate structures. The Board notes that it does not appear to be feasible to connect the existing residence to the garage/apartment by way of a walkway or breezeway thereby creating a two-family residence because the two existing buildings are approximately 25 feet apart. 2. The applicants have demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. As the application states, “There would be no undesirable change in the character of the neighborhood or detriment to nearby properties since the request will not physically change the property”. The Board notes that the existing house had been a two-family residence that has been converted to a single- family residence and two dwelling units would remain on the property. 3. The request for relief to permit a second principal structure on the lot is considered substantial by the Board; however the lot is large enough to provide for a two-family residence and two dwelling units would result in the granting of this variance. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The applicant has indicated that there is sufficient parking available on the property for the garage apartment (second dwelling unit). 5. The request for relief may be considered a self-created hardship due to the applicant’s desire to use the garage for an additional dwelling unit. However, self-creation is not necessarily fatal to the application. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 8 of 10 Conditions: Only two dwelling units are permitted on the lot. The existing house cannot be converted to a two-family residence until or unless the garage apartment is eliminated. Cheryl Grey seconded the motion. Keith Kaplan, Vice Chairman asked if there was any further discussion. Discussion ensued among the Board concerning the variances requested. VOTE: Keith Kaplan, Vice Chairman, in favor; Adam McNeill, Secretary, in favor; Oksana Ludd, Alternate, in favor; Cheryl Grey, opposed; James Helicke, in favor MOTION PASSES: 4-1 3. #3013 FLAHERTY RESIDENCE, 100 Fifth Avenue, area variance to construct a new single-family residence; Seeking relief from the minimum rear yard setback and maximum principal building coverage requirements in the Urban Residential-1 District. This application was heard at the February 5, 2018 meeting and adjourned to February 12, 2018. The public hearing was opened and remains open. Additional information was submitted as request by the Board. Keith Kaplan, Vice Chairman stated the public hearing was opened and remains open. We did receive materials from the applicant. Unfortunately it was later in the week and did not present the Board adequate time to prepare a resolution. One will be prepared and presented at the next ZBA Meeting scheduled for March 5, 2018. Applicant: Mary Flaherty Agent: Michael Toohey, Attorney; Mike Ingersoll, LA Group; Mike Tuck, Balzer & Tuck Architecture Mr. Toohey provided some updated information to the Board. One of the items requested was the utilization of overhangs and non-habitable space within this building. We took that very seriously. Mr. Toohey spoke about the building coverages and neighboring lots and compatibility with the homes in the neighborhood. A visual presentation of the site and building as is designed and proposed was provided to the Board. Mr. Tuck provided a visual presentation of all elevations of the proposed structure, noting the massing of the building. The intent here is not to create a larger coverage and the appearance of a much larger home along the street. In fact it is much the opposite. What we have done by keeping the roof low relative to the size of the first floor footprint which was described as comparable to the neighbors. Mr. Tuck stated the larger roof overhangs have allowed us to create a building which is more like that of a historic home. Mr. Toohey supplied the Board with photographs and neighborhood comparables. Keith Kaplan, Vice Chairman stated this project is a different property than other which appeared before this Board and received approvals. Keith Kaplan, Vice Chairman questioned the Board if there were any further questions or comments concerning the new information provided to the Board. City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 9 of 10 Adam McNeill, Secretary spoke concerning the substantiality of the application. New information provided does mitigate the concerns he previously had. He is in support of the project as it now stands. Keith Kaplan, Vice Chairman stated he believes this project could be shrunk a bit. It is a little large. Keith Kaplan, Vice Chairman questioned if there were any further questions or comments from the Board. None heard. Mike Ingersoll, LA Group provided some photographs and diagrams regarding the massing of this project and some comparables. PUBLIC HEARING: Keith Kaplan, Vice Chairman stated the public hearing was opened and remains open. Keith Kaplan, Vice Chairman asked if anyone in the audience wished to comment on this application. Marianne Penny, two houses down and neighbor to the Flaherty’s. We are very happy with what they have presented and proposed. I believe it will improve the values of our homes on this street. Richard Sellers, 73 Fifth Avenue. This is a wonderful addition to the street and the neighborhood. Keith Kaplan, Vice Chairman will remain open until the next ZBA Meeting scheduled for March 5, 2018. APPROVAL OF MEETING MINUTES: The approval of meeting minutes was deferred to the March 5, 2018 Zoning Board of Appeals meeting. MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Vice Chairman adjourned the meeting at 8:42 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary APPROVED 4-23-18 City of Saratoga Springs - Zoning Board of Appeals – February 12, 2018 - Page 10 of 10