Zoning Board of Appeals
Regular MeetingSaratoga Springs, NY · October 28, 2019
Minutes
ZONING BOARD OF APPEALS
MINUTES (FINAL)
MONDAY, OCTOBER 28, 2019
6:30 P.M.
RECREATION CENTER
CALL TO ORDER: Keith Kaplan, Chairman, called the meeting to order at 6:32 P.M.
SALUTE TO THE FLAG:
PRESENT: Keith Kaplan, Chairman; Cheryl Grey; Gage Simpson; Matthew Gutch
ABSENT: Brad Gallagher, Vice Chairman; Suzanne Morris; Christopher Mills
STAFF: Amanda Tucker, Senior Planner, City of Saratoga Springs
Tony Izzo, Assistant City Attorney
COMMENTS FROM THE CHAIR:
Keith Kaplan, Chairman welcomed new Board member Matthew Gutch.
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:
#20190687 LOECK RESIDENCE, 4 Cherry Tree Lane, area variance to permit the construction of a dwelling unit in a detached two-
story garage accessory structure for an existing single-family residence; seeking relief from the minimum lot size requirements and
front yard setback in the Rural Residential (RR) District.
#20190071 STELLATO RESIDENCE, 148 Woodlawn Avenue, area variance for an addition to an existing single family dwelling and
carport addition to the existing carriage house and to permit a dwelling unit as constructed in an accessory structure; seeking relief
from the minimum principal building coverage; maximum number of principal buildings on one lot, minimum lot size requirements, and
maximum setbacks for a principal building in the Urban Residential-3 District.
#3022 DEVALL SUBDIVISION, 59 Franklin Street, area variance associated with a two-lot subdivision; seeking relief from the
minimum average lot width for the proposed lot and minimum side yard setback to parking in the Urban Residential-4 District.
#20190156 MAIORIELLO RESIDENCE, 663 Crescent Avenue, area variance associated with a proposed two-lot subdivision, seeking
relief from the maximum average lot width and minimum lot size requirements for the Rural Residential District.
#20190052 WILLARD RESIDENCE, 832 North Broadway, area variance for a new single-family residence and detached garage;
seeking relief from the minimum front yard setback (Fourth St.) for the detached garage (accessory structure) in the Urban Residential-
1 District.
#20190025 ELDER RESIDENCE, 704 North Broadway, area variance to convert an existing detached garage to
a guest house and construction of a pool cabana; seeking relief from the minimum front yard setback and to permit
more than one principal building on a lot for the guest house and to permit finished space in an accessory structure
for the pool cabana in the Urban Residential-1 District.
#20190849 OPLINGER RESIDENCE, 28 Bog Meadow Run, consideration to rehear previously denied area variance to maintain a
carport structure as constructed for an existing single-family residence; seeking relief from the side yard setback in the Rural
Residential (RR) District.
ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #2019 BRASSEUR SINGLE FAMILY EXTENSION, 12 Fish Creek View, extension for an area variance to demolish existing
seasonal residence and construct a new single-family residence; seeking relief from the minimum front yard, minimum side yard
(each) and minimum total side yard setbacks in the Rural Residential District.
Keith Kaplan, Chairman stated this application is before the Board for an extension of a previously granted area variance.
SEQRA:
Action appears to be a Type II action and therefore is exempt from further SEQRA review.
PARCEL HISTORY:
-Received approvals on April 23, 2018 for a new single family residence with detached garage.
-No changes to the application.
-Building department is satisfied with engineered septic system for the flood plain.
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Front yard setback 60 ft. 11 ft. 49 ft. (81.7%)
Side yard setback-Northeast 30 ft. 10 ft. 20 ft. (66.7%)
Side yard setback-Southeast 30 ft. 10 ft. 20 ft. (66.7%)
Total side yard setback: 100 ft. 20 ft. 80 ft. (80%)
Applicant: Curtis Brasseur
Agent: James Waring, General Contractor
Mr. Waring stated they are before the Board to request an 18 month extension to previously approved variances.
Nothing has changed with the project. Asbestos was detected in the home. Remediation was required in the form of a controlled
demolition. We are awaiting approval paperwork from the Department of Labor.
Keith Kaplan, Chairman stated this is a straightforward extension request.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 6:40 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 6:40 P.M.
Cherie Grey presented the following resolution.
#20180242 / #3029
IN THE MATTER OF THE APPEAL OF
Curtis Brasseur
16 Alpine Trail
Pittsfield, MA 01201
Based on the submitted evidence that the application for an extension of a granted area variance does not differ from the original
application and approval, and that there have been no changes in the condition of the property or neighborhood warranting otherwise,
the Board moves that the application of Curtis Brasseur for the property located at 12 Fish Creek View in the City of Saratoga Springs,
and identified as tax parcel 180.11-1-9 granted on April 23, 2018 for construction of a single family residence in the RR District, be
approved and that the variance approval be extended from 18 months from the date that such resolution would have expired, October
23, 2019 with the new expiration date to be April 23, 2021. The variance shall expire on April 23, 2021 unless the necessary building
permit has been issued and actual construction begun as per the Zoning Ordinance or otherwise further extended.
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 2 of 10
Gage Simpson seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
MOTION PASSES: 4-0
2. #20190938 SANSON & WRIGHT RESIDENCE, 39 York Avenue, area variance for partial demolition and new construction of
additions to an existing single-family residence; seeking relief from the maximum principal building coverage requirement in the
Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this application was previously before the Board on May 6, 2019 with a similar application which was
denied. The applicant has since submitted a new application with modifications to the design.
PARCEL HISTORY:
-Area variance was previously denied 05/06/19 for a similar application.
SEQRA:
Action appears to be a Type II action, and therefore exempt from further SEQRA review.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Principal Coverage 30% 39.9% 9.9% (33.0%)
Applicant: Robert Sanson & Cynthia Wright
Agent: David D’Amour, A&D Architectural Designs
Mr. D’Amour stated the applicant had appeared before the Board in February and March of this year. The footprint of the design has
not changed. The biggest change is the modification to the elevation and massing of the project to continue to preserve the clients
program and address the concerns of the Board. An updated rendering was provided to the Board. This project is not fully designed.
However, this project will be required to be seen by the DRC and we will work through the process to finalize the design details. We
have changed to a low slope roof that allows us to keep the building elevation no higher than the existing parapet of the existing
structure. We have shifted the open porch area towards the neighboring property which allows us to have a setback on the second
floor to relieve the massing along the property line.
Keith Kaplan, Chairman commended the applicant and their agent for the modifications respective to the concerns of the Board.
Keith Kaplan, Chairman asked if there were any questions or comments from the Board.
Discussion ensued among the Board with regard to any dimensional changes to the project.
Mr. D’Amour stated there will be no dimensional changes.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 6:50 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 6:50 P.M.
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 3 of 10
Keith Kaplan, Chairman presented the following resolution.
#20190938
IN THE MATTER OF THE APPEAL OF
Robert Sanson and Cynthia Wright
39 York Avenue
Saratoga Springs, New York 12866
from the determination of the Building Inspector involving the premises at 39 York Avenue in the City of Saratoga Springs, New York
being tax parcel number 166.42-1-21 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-3 District, and public notice having been duly given of a hearing on said application held on
the 28th day of October 2019.
In consideration of the balance between benefit to the applicants 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
Maximum Principal Building Coverage 30% 39.9% 9.9% (33%)
(Presently 41.9%)
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicants have demonstrated that the benefit sought cannot be achieved by other means feasible to them. Per the
applicants, alternative designs were contemplated including building upon the existing structure, and a previous design that
the Board disapproved. The Board notes that the proposed plan is of lesser coverage than the existing structure, and that the
proposal addresses the issues enumerated by the Board in its previous denial of relief.
2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character
or detriment to nearby properties. As noted by the applicants, the revised proposed addition “will align with the existing texture
of the neighborhood” and “the roof height has been reduced to not exceed the parapet height of the existing house, while
changing the configuration of the addition to pull the second floor wall away from the property line.”
3. The Board finds these revisions to the plan to have sufficiently addressed the concerns brought up by Board relating to the
prior plan. The Board finds the variance sought to be substantial on a percentage basis, however that is mitigated by the fact
that the existing improvements on the property required greater lot coverage than the proposal.
4. These variances will not have significant adverse physical or environmental effect on the neighborhood or district. The lot as
shown in the application materials will still well exceed permeability requirements of 25%, and as noted above, the mass and
scale reduction in this revised plan reduces the physical impact of the addition.
5. The alleged difficulty is self-created insofar as the applicants seek approval to construct the proposed addition; however the
Board notes that the pre-existing structure exceeded maximum lot coverage and the lot is 32% smaller than required in the
UR-3 district.
Cherie Grey seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 4 of 10
MOTION PASSES: 4-0
NOTE: The agenda was heard out of order to accommodate applicant’s agent for Agenda Item #3.
OLD BUSINESS:
1. #20190937 MOLDOVAN RESIDENCE, 32 Casino Drive, area variance to construct a front entry addition to an existing single-family
residence; seeking relief from the front yard setback in the Urban Residential-1 (UR-1) District.
Keith Kaplan, Chairman stated this is a previously opened application. No additional information has been requested from the
applicant. The public hearing was opened and remains open.
Keith Kaplan, Chairman asked if there were any further questions or comments from the Board. None heard.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 6:55 P.M.
Gage Simpson presented the following resolution.
#20190937
IN THE MATTER OF THE APPEAL OF
Rita Moldovan
32 Casino Drive
Saratoga Springs, NY 12866
from the determination of the Building Inspector involving the premises at 32 Casino Drive in the City of Saratoga Springs, New York
being tax parcel number 177.20-4-16 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 expansion of the front entry
area in an Urban Residential – 1 (UR-1) District and public notice having been duly given of a hearing on said application held on the
7th and 28th days of October, 2019.
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 Yard Setback - Front 30’ 18.0’ 12.0’ or 40%
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The setback
variance is for front yard dimensions to the main entry of the house. No additional land is available for purchase, and
the entry cannot be relocated due to the nature of the raised ranch style of the house.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The applicant notes that the new front stoop will be approximately 4 feet
closer to the road than what currently exists. However, the new stoop will be located well within the side yard setbacks,
and the applicant notes that it will not have undesirable visual or physical impact on any of the other three houses on
the cul-de-sac.
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 5 of 10
3. The Board notes the requested variance of 40% is substantial, however the impact of the substantiality is mitigated by
the following: a) the front yard setback to the current concrete stoop is pre-existing/non-conforming at 22 feet (27%).
The new front stoop is requesting 18 feet for the front yard setback which is only an additional 4 feet (13%). (b) The
variance being requested is for an 8 feet wide front stoop and entry. This is a minor addition in comparison to the mass
and scale of the whole house.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. The
addition is centered on the house, and the location limits the potential for runoff to affect neighbors. The overall
coverage of the house with the proposed addition is 9.6% (well under the 20% maximum) and the permeability of the
site will be 83% (well over the 30% minimum).
The alleged difficulty is considered self-created insofar as the applicant desires to build the addition. However, this is not necessarily
fatal to the application.
Cherie Grey seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
MOTION PASSES: 4-0
2. #20190786 FLEMING RESIDENCE, 75 Ludlow Street, area variance for the construction of two porch additions, a swimming pool,
and new detached garage to an existing single-family residence; seeking relief from the minimum front and side yard setbacks,
maximum accessory coverage, and to permit swimming pool in the front yard in the Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this is a previously opened application. New information has been received since the last appearance
before the Board. The screen porch at the rear of the home has been retracted somewhat and the pool is somewhat smaller in size.
Also, the front porch roof overhangs have been reduced as well. The applicant’s agent will update the Board on the new information.
The public hearing was opened and remains open.
Agent: Tom Frost, Frost Hurff Architecture
Mr. Frost stated there have been some updates to the site plan. These were provided to the Board. The garage has not changed.
There is an extra four feet in the rear of the garage to accommodate the stairs to the upper storage area. The swimming pool has been
reduced in size. The left hand porch addition is smaller in size.
Keith Kaplan, Chairman stated he very much appreciates the modifications that have been made to address the Boards’ concerns
decreasing the amounts of coverage.
NOTE:
New Board member Matthew Gutch reviewed the previous webcast and is comfortable voting on this application.
Matthew Gutch stated he feels the repositioning of the pool has aided in reducing the amount of coverage on the site.
Gage Simpson stated he also feels the modifications that have been made have aided the amount of relief requested.
Cherie Grey stated she is still having difficulty with the 16.2% on the accessory structures. She is very uncomfortable still with this
application and the fact that it is precedent setting.
Keith Kaplan, Chairman stated there are currently only 4 people on the Board this evening. The applicant does have the option
of holding over this application until the November 18, 2019 meeting.
It was the opinion of the applicant to adjourn this application until that date. New plans were provided to the Board with regards to the
swimming pool and coverage.
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 6 of 10
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated this application will be placed on the November 18, 2019 ZBA agenda. The public hearing will remain
open.
3. #20190880 SJK PROPERTIES RESIDENCE, 78 Mitchell Street, area variance to finish a detached accessory structure as
habitable space for a single-family residence; seeking relief to permit habitable/finished space in an accessory structure and
minimum setback for a patio in the Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this is a previously opened application. There have been some modifications to the application which
will change the areas of relief requested. The only area of relief requested is habitable space in an accessory structure which is not
permitted in this district. The public hearing was opened and remains open.
Applicant: SJK Properties
Agent: Bob Flansburg, Dreamscapes Unlimited
Mr. Flansburg stated off street parking has been added to the alley, so we are now in compliance. We have offset the patio to the north
side of the pavilion so that it complies. One new item, on the east side there was a large fixed window. This has been eliminated. All
the windows remain fixed. The construction of the landscaping has begun on this site. There is a 12-foot sliding door facing the yard,
and a small powder room with no bathing facilities. There is no need for heating since it will be used during track season as a dining
pavilion. It has a cathedral ceiling with no loft space on a slab. Views of the floor plans were provided for the Board.
Keith Kaplan, Chairman stated they had expressed concerns regarding a functioning kitchen versus a warming area. We would be
mindful of imposing conditions to preclude a full functioning kitchen.
Cherie Grey voiced her concerns regarding the full kitchen. There is a full kitchen in the home and this is in close proximity to the
pavilion why would this not suffice for the applicants needs.
Mr. Flansburg stated he would return before the Board after conversations with his clients concerning the kitchen facilities.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application.
Cheryl Chew stated she has sent a letter expressing concerns. She lives in the property next door. This home is built very close
to the shared property line. The home has been raised significantly higher than her home and she is concerned regarding runoff.
Keith Kaplan, Chairman stated the applicant should speak to the Building Department to voice her concerns.
Keith Kaplan, Chairman stated the public hearing will remain open until the next ZBA meeting on November 18, 2019.
4. #20190842 VERIZON WIRELESS FACILITY, 25 Lake Avenue, area variance to construct a telecommunications facility on the roof
of an existing hotel building; seeking relief from the maximum building height in the Transect-6 (T-6) District.
Keith Kaplan, Chairman stated this is a previously opened application. The public hearing has been opened and remains open.
Applicant: Verizon Wireless
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 7 of 10
Agent: Dave Brennan, Young Sommer
Mr. Brennan stated we presented before the Board at your prior meeting. There are no changes to the application.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman closed the public hearing at 7:35 P.M.
NOTE:
New Board member Matthew Gutch reviewed the previous webcast and is comfortable voting on this application.
Matthew Gutch presented the following resolution.
#20190842
IN THE MATTER OF THE APPEAL OF
Cellco Partnership
d/b/a Verizon Wireless
1275 John Street, Suite 100
West Henrietta NY 14586
from the determination of the Building Inspector involving the premises at 25 Lake Avenue in the City of Saratoga Springs, New York
being tax parcel number 165.52-4-46.1 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 a
telecommunications facility on the roof of an existing building in a Transect-6 Urban Core District and public notice having been duly
given of a hearing on said application held on the 7th day of October through the 28th day of October, 2019.
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
Maximum Height 70’ 80.8’ 10.8’ or 15.4% relief
As per the submitted plans or lesser dimensions, be approved for the following reasons:
1. The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant, which is designated
as a public utility for land use purposes under New York law. Per the applicant’s representative, the applicant has considered
and presented several options for the proposed facility to the City’s Planning Board and Design Review Commission that
would not require a variance. However, none of those options were acceptable to the City’s Planning Board and/or Design
Review Commission. The use of a full stealth enclosure was ultimately determined by the City to be the most appropriate
means to provide necessary cell coverage, while taking into consideration the design and aesthetic concerns raised by the
City’s Planning Board and/or Design Review Commission.
2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or
detriment to nearby properties. The applicant notes that the additional height will be limited to a 7’ by 7’ enclosure at the rear
of the building that will surround the antennas using a stealth enclosure. The stealth enclosure will match the existing color,
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 8 of 10
texture and mortar colors of the existing building such that the facility will appear as a natural extension of the building.
Renderings of the proposed facility provided as part of the application indicate that there will be minimal visual impact to the
surrounding committee.
3. The Board notes this requested height variance, at 15.4%, may be considered substantial, however the impact of the
substantiality is mitigated by the combination of neighborhood context, the limited area of the facility as a percentage of the
overall area of the building, and the manner in which the facility will be enclosed to match the existing structure.
4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. To the
contrary, the applicant has presented evidence from a Radio Frequency Design Engineer that the facility is necessary to
provide adequate and safe cell coverage to the community, public safety providers and the traveling public.
5. The alleged difficulty is self-created insofar as the applicant desires to construct the proposed facility, but this is not
necessarily fatal to the application. As noted above, the applicant presented several alternatives that would not have required
a variance, but were ultimately rejected by the City based on design and aesthetic considerations.
Cherie Grey seconded the motion.
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
MOTION PASSES: 4-0
NEW BUSINESS:
3. #20190928 JUSTIN RESIDENCE, 18 Nelson Avenue, area variance to permit a dwelling unit as constructed in an accessory
structure; seeking relief from the total side yard setback in the Rural Residential (RR) District.
SEQRA:
Action appears to be a Type Ii action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-The barn was constructed in the late 1980’s for use as a barn and art studio space above. It has since been converted to an
apartment.
-The RR District allows for a second principal structure provided there is double the lot size and width (both are provided for on this
Parcel.
-The barn never received a CO from the building department and will need to apply for an extension for final inspection.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Total side yard setback: 100 ft. 95.1 ft. 5 ft. (5%)
Applicant: Dr. Justin
Agent: Stephanie Ferradino, Attorney
Ms. Ferradino stated the property is located tucked way back off of Nelson Avenue. We are not speaking of the main residence but the
second principal structure on the 12-acre site. In this zone and district, you are allowed two principal structures if you meet all the
requirements which we do. We are requesting a 5-foot variance from the total side yard setback. A visual of the structure in question
was provided to the Board. The width sufficiently allows for two principal structures in the RR District. Ms. Ferradino reviewed the
criteria for an area variance. The applicant has received a notice of violation and the applicant wishes to rectify the violation and obtain
a CO.
Keith Kaplan, Chairman asked if there were any questions or comments from the Board. None heard.
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 9 of 10
Keith Kaplan, Chairman asked if the applicant can provide information concerning the width of the property.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:52 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated the public hearing will remain open. A resolution will be prepared and presented at the
next ZBA meeting scheduled for November 18, 2019.
APPROVAL OF MEETING MINUTES:
Keith Kaplan, Chairman made a motion to approve the minutes of the September 23, 2019 ZBA meeting with amendments as
submitted.
Cherie Grey seconded the motion.
VOTE:
Keith Kaplan, Chairman, in favor; Cheryl Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
MOTION PASSES: 4-0
Keith Kaplan, Chairman made a motion to approve the minutes of the October 7, 2019 ZBA meeting with amendments as
submitted.
Cherie Grey seconded the motion.
VOTE:
Keith Kaplan, Chairman, in favor; Cheryl Grey, in favor; Gage Simpson, in favor; Matthew Gutch, in favor
MOTION PASSES: 4-0
MOTION TO ADJOURN:
There being no further business to discuss Keith Kaplan, Chairman adjourned the meeting at 7:50 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 11-18-19
City of Saratoga Springs - Zoning Board of Appeals – October 28, 2019 - Page 10 of 10
Agenda
Keith Kaplan, Chair
CITY OF SARATOGA SPRINGS Brad Gallagher, Secretary
Cheryl Grey
ZONING BOARD OF APPEALS Matthew Gutch
Christopher Mills
CITY HALL - 474 BROADWAY Suzanne Morris
SARATOGA SPRINGS, NEW YORK 12866 Gage Simpson
Chris Hemstead, alternate
PH) 518-587-3550 FX) 518-580-9480
WWW.SARATOGA-SPRINGS.ORG Kathleen O’Connor, alternate
ZONING BOARD OF APPEALS MEETING
6:30 P.M., MONDAY, OCTOBER 28, 2019
NOTE LOCATION: RECREATION CENTER, 15 VANDERBILT AVE
DRAFT AGENDA
Salute to the Flag
Roll Call
A. ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #20180242 BRASSEUR SINGLE FAMILY EXTENSION, 12 Fish Creek View, extension for an area
variance to demolish existing seasonal residence and construct a new single-family
residence; seeking relief from the minimum front yard, minimum side yard (each) and
minimum total side yard setbacks in the Rural Residential District.
2. #20190938 SANSON & WRIGHT RESIDENCE, 39 York Ave, area variance for partial demolition
and new construction of additions to an existing single-family residence; seeking relief
from the maximum principal building coverage requirement in the Urban Residential – 3
(UR-3) District.
3. #20190849 OPLINGER RESIDENCE, 28 Bog Meadow Run, consideration to rehear previously
denied area variance to maintain a carport structure as constructed for an existing single-
family residence; seeking relief from the minimum side yard setback in the Rural Residential
(RR) District.
Application adjourned to 11/18/2019.
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 10/22/2019 12:47 PM
4. #20190928 JUSTIN RESIDENCE, 18 Nelson Ave, area variance to permit a dwelling unit as
constructed in an accessory structure; seeking relief from the total side yard setback in the
Rural Residential (RR) District.
OLD BUSINESS:
1. #20190937 MOLDOVAN RESIDENCE, 32 Casino Drive, area variance to construct a front entry
addition to an existing single family residence; seeking relief from the front yard setback in
the Urban Residential - 1 (UR-1) District.
2. #20190786 FLEMING RESIDENCE, 75 Ludlow Street, area variance for the construction of two
porch additions, a swimming pool, and new detached garage to an existing single-family
residence; seeking relief from the minimum front and side yard setbacks, maximum
accessory coverage, and to permit swimming pool in the front yard in the Urban Residential
- 3 (UR-3) District.
3. #20190880 SJK PROPERTIES RESIDENCE, 78 Mitchell Street, area variance to finish a detached
accessory structure as habitable space for a single-family residence; seeking relief to
permit habitable/finished space in an accessory structure and minimum setback for a patio
in the Urban Residential – 3 (UR-3) District.
4. #20190842 VERIZON WIRELESS FACILITY, 25 Lake Avenue, area variance to construct a
telecommunications facility on the roof of an existing hotel building; seeking relief from the
maximum building height in the Transect - 6 (T-6) District.
B. ADJOURNED APPLICATIONS
#20190687 LOECK RESIDENCE, 4 Cherry Tree Lane, area variance to permit the construction of a
dwelling unit in a detached two-story garage accessory structure for an existing single-family
residence; seeking relief to from the minimum lot size requirements and front yard setback in
the Rural Residential (RR) District.
#20190071 STELLATO RESIDENCE, 148 Woodlawn Avenue, area variance for an addition to an
existing single-family dwelling and carport addition to the existing carriage house and to
permit a dwelling unit as constructed in an accessory structure; seeking relief from the
minimum principal building coverage, maximum number of principal buildings on a lot,
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 10/22/2019 12:47 PM
minimum lot size requirements, and minimum setbacks for a principal building in the Urban
Residential – 3 (UR-3) District.
#3022 DEVALL SUBDIVISION, 59 Franklin Street, area variance associated with a two-lot
subdivision; seeking relief from the minimum average lot width for the proposed lot and
minimum side yard setback to parking in the Urban Residential–4 District.
#20190156 MAIORIELLO RESIDENCE, 663 Crescent Avenue, area variance associated with a
proposed two-lot subdivision; seeking relief from the minimum average lot width and
minimum lot size requirements for the Rural Residential District.
#20190052 WILLARD RESIDENCE, 832 North Broadway, area variance for a new single-family
residence and detached garage; seeking relief from the minimum front yard setback (Fourth
St.) for the detached garage (accessory structure) in the Urban Residential – 1 District.
#20190025 ELDER RESIDENCE, 704 North Broadway, area variance to convert an existing detached
garage to a guest house and construction of a pool cabana; seeking relief from the minimum
front and side yard setback and to permit more than one principal building on a lot for the
guest house and to permit finished space in an accessory structure for the pool cabana in the
Urban Residential – 1 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 sq. ft. 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.
C. APPROVAL OF MEETING MINUTES: SEPTEMBER 23, 2019
D. UPCOMING MEETINGS
Meeting: November 18, 6:30 PM
Workshop: November 25, 6:00 PM
Meeting: December 2, 6:30 PM
Workshop: December 9, 6:00 PM
Meeting: December 16, 6:30 PM
GENERAL MEETING GUIDELINES:
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 10/22/2019 12:47 PM
• Applicant presentations to the Board will be limited to 15 minutes.
• Public comments from the audience during public hearings will be limited to 3 minutes.
• All speakers will be timed to ensure compliance.
• Individuals may not donate their allotted time to other speakers.
• Please be respectful to the speakers while they are addressing the Board.
• Comments to the Board should relate specifically to the application under consideration and
the review criteria.
• All written comments will be distributed to the Board and made part of the public record.
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 10/22/2019 12:47 PM
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