Zoning Board of Appeals
Regular MeetingSaratoga Springs, NY · January 6, 2020
Minutes
ZONING BOARD OF APPEALS
MINUTES (FINAL)
MONDAY, JANUARY 6, 2020
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; Brad Gallagher, Vice Chairman; Cherie Grey; Gage Simpson; Matthew Gutch;
Suzanne Morris
ABSENT: Christopher Mills
STAFF: Amanda Tucker, Senior Planner, City of Saratoga Springs
Leah Everhart, Counsel to the Land Use Boards
Tony Izzo, Assistant City Attorney
ANNOUNCEMENT OF RECORDING OF PROCEEDING:
The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not a verbatim record of
the proceedings, the minutes are not a word-for-word transcript of the recording.
ANNOUNCEMENT OF ADJOURNED APPLICATIONS:
#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.
#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.
#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.
#20191030 FLAHERTY RESIDENCE, 172 Fifth Avenue, area variance to remove existing shed and construct a detached pool
house accessory structure for use as habitable space and to maintain an existing single-family residence; seeking relief to permit
finished space in an accessory structure and minimum front yard setback in the Urban Residential-1 (UR-1) District.
ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #20191162 HANLEY RESIDENCE, 74 Fifth Avenue, area variance to demolish an existing single-family residence and to
construct a new single-family residence with attached garage; seeking relief from the maximum principal building coverage and
minimum front, rear side and total side yard setbacks in the Urban Residential-1 (UR-1) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
Existing 2 ½ story house to be demolished.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Principal Building Coverage 20% 33.5% 13.5% (67.5%)
Setback- front yard 30 ft. 18.1 ft. 11.9 ft. (39.7%)
Setback- rear yard 30 ft. 13.2 ft. 16.8 ft. (56.0%)
Side 1 (East) 12 ft. 8.3 ft. 3.7 ft (30.8%)
Side 2 (West) 12 ft. 9.4 ft. 2.6 ft. (21.7%)
Total Side 30 ft. 17.7 ft. 12.3 ft. (41.0%)
Agent: Mike Tuck, Christine Nickerson, Balzer Tuck Architecture
Mr. Tuck provided a visual presentation of the proposed project along with views of the surrounding neighborhood. This project entails
the demolition of an existing structure and construction of a new home. A diagram was presented to the Board. This is a pre-existing
non-conforming lot. Visual elevations were provided to the Board as well as detailed views of the floor plans and examples of previous
projects on this street. Mr. Tuck stated two alternate designs were explored and they all resulted in the need for a variance due to the
restrictions of the existing lot size. The current massing of this design is comparable to other homes on the street in size, elevation and
character.
Keith Kaplan, Chairman spoke regarding the applicant’s request noting the depth, width and height is too much, it protrudes into the
rear of the site and currently he is not in favor or comfortable with this proposal.
Discussion ensued among the Board concerning the size of the lot, the size and height of the proposed structure, alternative designs,
the number of variances requested, and the percentage of lot coverage. The Board questioned an addition or renovation
versus demolition.
Mr. Tuck stated the applicant choose demolition and new construction due to the inside configuration of the home is not adequate for
the owner.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 6:58 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application.
Richard Sellers, 73 Fifth Avenue. He did demolish and rebuild on this street with a small lot. Our coverage is 27.9%.
The coverage the applicant is proposing at 33.5% is a bit too much. The mass and scaling of the front of the home does cause us
some concern. This house will dominate other homes in the area and obscure the visual of the track for the neighbor at 72 Fifth
Avenue.
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 2 of 9
Michael Okby 79 Fifth Avenue. This is an exceptionally small lot with an exceptionally large house and his concern is regarding the
precedent we are setting.
Len Fusco, 72 Fifth Avenue stated this proposed project will obstruct the view of the track from his home which is the most important
feature of his home. This proposed new home will dwarf and suffocate his home. He also voiced concern regarding drainage and
snow.
Keith Kaplan, Chairman stated the public hearing will remain open. We have provided some feedback to the applicants representative
and we are hoping there will be some follow-up. Our next meeting is scheduled for January 27, 2020.
NEIGHBOR INPUT:
-Letter from Elizabeth Benton, 14, Elizabeth Lane, dated 12/29/19
-Correspondence from Leslie and Larry Benton, 61 Fifth Avenue.
2. #20191180 PEPPERS CORNER LLC, TWO-FAMILY, 173 Lake Avenue, area variance to demolish an existing retail building
and construct a new two-family residence with attached garages; seeking relief from the minimum front and side yard setbacks,
maximum principal building coverage, minimum lot size, and minimum average lot width in the Urban Residential-3 (UR-3)
District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
Currently commercial use as “Moby Rick’s”.
Lot is pre-existing nonconforming –minimum lot size and minimum average lot width.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Principal Building Coverage 30% 40.7% 10.7% (35.7%)
Setback- front yard 10 ft. 7 ft. 3 ft. (30.0%)
Applicant: Tom West
Agent: AJ Alvarez, Plan Architecture
Mr. Alvarez provided a visual of the proposed plan and site. Mr. Alvarez stated, as the Chair noted, the front yard setback variance is
requested for a small portion of the overall proposed structure at the Warren Street side which is least impactful to the surrounding
adjacent properties and improves the aesthetics of the project. This project conforms with the uses of the UR-3 zone and is consistent
with the neighborhood. There are existing nonconformities for both lot area and lot width which cannot be corrected without severe
hardship. Smaller rooms and alternate floor plans were explored and deemed unacceptable for purposes of marketability and quality of
living space. The footprint of the building at 2,850 square feet is 450 square feet over the maximum coverage. The parking is located
as closely as possible to the building away from other properties and structures. This was designed so the headlights of the vehicles
would not shine into the neighbors properties. Mr. Alvarez spoke regarding the parking area and his goal to provide as much off street
parking as possible. An animated rendering of what the proposed building would look like from all directions at all hours of the day and
night and has been deliberately designed to appear like a single-family residence. It is in keeping with the style of the neighborhood
and we are well below the maximum height limit. Floor plans were provided. Three bedrooms upstairs and are a typical size not overly
sized.
Mr. West provided some history on the previous project and they went back to the drawing board and have listened to their neighbors
and have returned with a new project. He stated they are agreeable to no accessory structures on the property.
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 3 of 9
Discussion ensued among the Board noting the overhangs, and the height of the proposed structure. The Board requested area
comparables, as well as storm water management practices.
Keith Kaplan, Chairman spoke regarding the previous project and how much this project has changed for the better. He spoke
regarding garages and questioned additional area in the driveway available for 2 additional off street parking spaces.
Mr. Alvarez stated there is not enough space in the driveway for the parking of an additional vehicle without encroaching beyond the
property line. Additional parking is provided in the rear.
Keith Kaplan, Chairman spoke regarding the conditioning of the resolution noting no additional accessory structures will be allowed.
He spoke regarding the amount of coverage on the lot and questioned the location of the air conditioning units noting they are to be
included in the coverage to be submitted to the Board.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:32 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application.
Joan Brophy, 171 Lake Avenue. They are very happy to see that this has gone to a residential property.
Likes the design and fully supports this project.
Kate DiBalla, 181 Lake Avenue. She is sad to see Moby Rick’s go and likes the urban appeal. The design is great,
but likes the neighborhood store.
Charlie Samuel, lives 7 blocks from Moby Rick’s. It is a nice convenience to have Moby Rick’s in the neighborhood.
This was a unique fabric of the city and adds to the character.
Keith Kaplan, Chairman stated the public hearing will remain open until our next meeting scheduled for January 27, 2020. We have
asked the applicant to provide some additional information to the Board and we will have a resolution prepared at that time.
3. #20191195 FERGUSON RESIDENCE, 280 West Circular Street, area variance to construct a new single-family residence
with attached garage on a vacant lot; seeking relief from the maximum principal building coverage, total side yard setback, and
minimum average lot width in the Urban Residential-2 (UR-2) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-Not a pre-existing nonconforming lot. Relief is requested from the minimum average lot width.
-Previously a mobile home located on lot.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Average Width 60 ft. 50 ft. 10 ft. (16.7%)
Maximum Principal Coverage 30 % 41.6% 11.6% (38.7%)
Total side yard 20 ft. 16 ft. 4 ft. (20%)
Applicant: Myron Ferguson
Agent: Brandon Ferguson, Environmental Design Partnership, Tim Wade, Architect
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 4 of 9
Mr. Ferguson stated the existing lot is located in a UR-2 zone and is a 50 foot wide non-conforming lot. It was previously occupied by
a mobile home which is no longer on the site. The proposed layout is a single family dwelling with an attached garage out front.
Due to the narrow nature of the lot the home extends further back into the lot. The garage does take up a great deal of the frontage.
We are looking for three variances as the Chair noted to build the proposed home on the site. The zone allows 30% principal lot
coverage with 10% for accessory structures. We are currently at 41.6%. Street elevations were provided to the Board.
Discussion ensued among the Board regarding comparability to other neighboring properties, alternative designs, the amount of relief
requested and the reduction of a 2 car garage down to a 1 car garage similar to the neighboring properties. A detached garage was
discussed as well as the possible reduction in size of the home.
Keith Kaplan, Chairman requested elevation drawings of the proposed project. This is a blank slate and the applicant should be able to
fit a home on the current lot and stay within the 30% lot coverage and 10% accessory structure in this district. More information was
requested on the neighborhood comparables.
Mr. Ferguson stated the proposed home is not a large home at 1650 square feet.
Keith Kaplan, Chairman stated the applicant has heard some suggestions and comments from the Board.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 7:56 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application.
Brian Wagner, 274 West Circular Street. Single story floor plan in this area is good and he is supportive. The only other question is
the parking situation on that street. To be able to get cars off the street in this area is a good thing and he is supportive of that as well.
His only question is the large trees in the area and the plans for retention.
Noreen Wagner, 274 West Circular Street, and my mother’s property at 281 West Circular Street. Concern was voiced regarding the
design of the home and it looking garage heavy. Also, concern was voiced regarding the front setback to allow for a future sidewalk
and the air conditioning unit.
Keith Kaplan, Chairman stated the public hearing will remain open. The next ZBA meeting is scheduled for January 27, 2020.
This application will carry into that meeting. As noted by the public the air conditioning unit should be considered in the coverage for
the property as well.
4. 20191198 MAYHEW & HURLY RESIDENCE, 127 Division Street, area variance to construct additions to an existing single-family
residence and to maintain an accessory structure; seeking relief from the maximum principal building coverage, single and total side
yard setbacks and side yard setback for an accessory structure in the Urban Residential -3 (UR-3) District.
SEQRA:
Action appears to be a Type II action and therefore exempt from further SEQRA review.
PARCEL HISTORY:
-An existing encroachment into the city right-of-way.
AREA VARIANCE CONSIDERATIONS:
TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED
Maximum Principal Building Coverage 30% 39.9% 9.9% (33.0%)
Setback- Side 1 4 ft. 0.4 ft. 3.6 ft. (90.0%)
Total side 12 ft. 8.5 ft. 3.5 ft. (29.2%)
Accessory to Side (Existing shed) 5 ft. 1.3 ft. 3.7 ft (74.0%)
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 5 of 9
Agent: Matt Hurff – Frost Hurff Architecture
Mr. Hurff stated as the Chair pointed out the shed is existing and not part of the new proposal. All the existing variance amounts of
relief requested is driven by the existing building. The actual proposed addition in the rear will only require a side setback variance
to conform. There are two issues. The lot is substantially substandard at 49% of the permitted area and 54% of the minimum width
required in a UR-3. The current addition is a single storey 300 square foot sunroom addition out the back of the property.
Their home is located in the middle of the block and will not be seen from the street and is one of the smallest additions in the
neighborhood. Its effect on the neighborhood is marginal.
Discussion ensued regarding the lot coverage percentage and the conditioning of the resolution regarding no additional accessory
structures.
Keith Kaplan, Chairman stated his concern is that the addition does protrude from the bounds of the existing home.
Elevations were requested from the applicant.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 8:10 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 January 27, 2020.
8:15 P.M. The Board recessed.
8:17 P.M. The Board reconvened.
5. #20191169 VALENTIN RESIDENCE, 62 Bensonhurst Avenue, Area variance to construct a deck and stair addition to an existing
single-family residence; seeking relief from the total side yard setback and minimum principal building coverage in the Urban
Residential-2(UR-2) District.
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 Building Coverage 30% 30.9% 0.9% (3.0%)
Total Side 20 ft. 17.5 ft. 2.5 ft. (12.5%)
Agent: Libby Coreno, Attorney, Tim DiCocco, Bonacio Construction, Project Manager
Ms. Coreno provided an aerial view of the home adjacent to the elementary school. This home was built
in 2019. During the excavation for the foundation a high seasonal water table in this area was discovered and not predicted.
As a result the home was elevated 6 feet to mitigate. The plans were drawn with the northern exit door at grade located on the side of
the home due to the alignment of the home. Access doors to front entries are exempt from setback requirements. It was mistakenly
assumed since this access was considered the front entry, although on the side of the home. A Certificate of Occupancy has been
issued with instructions to block off this door. In order to add the emergency egress stairs we are here before the Board for a variance.
Floor plans were provided. We are requesting the minimum allowed for the entry stairs 2’6” by 8’. Ms. Coreno reviewed the tests for
an area variance. This property will be well under the principal lot coverage.
Discussion ensued regarding the placement of the door and the stairs and the minimal amount of coverage requested.
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 6 of 9
Keith Kaplan, Chairman stated the amount of request is very minimal.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 8:26 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 January 27, 2020.
OLD BUSINESS:
1. #20190908 TOWERS RESIDENCE, 91 Union Avenue, area variance to demolish an existing detached garage and construct a new
second principal structure with a dwelling unit for an existing single-family residence; seeking relief from the minimum side and front
yard setbacks and coverage for a principal structure, minimum lot width, and side yard setback for an accessory structure in the
Urban Residential-4 (UR-4) District.
Keith Kaplan, Chairman stated this is a previously opened application. The public hearing was opened and remains open.
Additional information was requested from the applicant’s agent.
Applicant: Joann Corcoran Towers
Agent: Bob Flansburg, Dreamscapes Unlimited
Mr. Flansburg stated at the last appearance before the Board additional information was requested. The peak height of the proposed
carriage house is 25’3”. We surveyed both sides of George Street. The north side of George Street revealed there are single family
homes with a few exceptions, 2 stories in height. We are about 5 to 10 feet below the peeks of the homes on the north side of George
Street. As we look at the south side of George Street, at the far corner there is a 32 unit condo project, multi-family property and two
principal residences. The far west side Union Gables is located with 11+ units and a large barn on a site and a large green carriage
house. Photographs of the neighborhood were provided to the Board.
Discussion ensued regarding two structures on one lot and the amount of variances requested.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remained open.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
Keith Kaplan, Chairman stated the Board representative who prepared the resolution is not here this evening. It will be presented at
the next ZBA meeting scheduled for January 27, 2020. No additional information has been requested or is needed. The public hearing
will remain open.
Amanda Tucker, Senior Planner noted that 4 letters of support were received by the Board.
2. #20191083 O’CONNOR RESIDENCE, 122 Madison Street, area variance to construct additions to an existing single family
residence including a second story addition, front porch, and rear deck; seeking relie3f from the minimum side yard setback in the
Urban Residential-2 (UR-2) District.
Keith Kaplan, Chairman stated this is a previously opened application. The public hearing was opened and remains open.
The Board has requested no additional information from the applicant.
PUBLIC HEARING:
Keith Kaplan, Chairman stated the public hearing was opened and remains open.
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 7 of 9
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 8:40 P.M.
Brad Gallagher, Vice Chairman presented the following resolution.
#20191083
IN THE MATTER OF THE APPEAL OF
Andy & Eileen O’Connor
122 Madison Street
Saratoga Springs, NY 12866
from a determination of the Building Inspector involving the premises located at 122 Madison Street in the City of Saratoga Springs,
New York, tax parcel number 179.29-1-33.11 on the Assessment Map of said City.
The Applicant having applied for an area variance under the Zoning Ordinance of said City to permit the construction of additions to an
existing single family residence including a second story addition, front porch, and rear deck in the Urban Residential - 2 (UR-2) District
and public notice having been duly given of hearings on said application held on December 16, 2019 and January 6, 2020.
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 variances for the following amount of relief:
TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED
DIMENSIONAL
REQUIREMENT
Minimum Side Yard Setback 8.0 ft. 6.5 ft. 1.5 ft. (19%)
As per the submitted plans and documents or lesser dimensions, be approved for the following reasons:
1. The Board finds the Applicant demonstrated the benefit sought cannot be achieved by other means feasible to the Applicant.
The Applicant demonstrated that the existing carport and attached shed have a negative setback of approximately 4.6 feet. The
Applicant desires to remove the carport and shed, which will improve the encroachment into the setback, but not eliminate it as
the existing foundation of the principal residence will remain within the setback. The Applicant desires to construct a second
story addition directly above the existing residence, which will utilize the current foundation. Accordingly, the Board finds that the
Applicant has demonstrated that the utilization of the existing foundation is the most feasible means of maintaining the existing
single family residence and achieving the desired second story addition.
2. The Board finds the Applicant demonstrated that granting this variance will not create an undesirable change in neighborhood
character or detriment to nearby properties. The Board finds that the Applicant has demonstrated that the proposed alterations
will bring the residence into scale with other existing residences in the neighborhood. Moreover, by eliminating the negative
setback by removing the carport and shed, the Applicant will be providing a benefit to the adjacent property.
3. The Board finds the relief requested is substantial, but the Board finds this is mitigated by the fact that the majority of the
requested relief is because of the 12 inch overhang. The Board finds that maintaining the overhang will provide uniformity with
the existing structure and will improve the existing encroachment into the side yard setback.
4. The Board finds that the variances will not have significant adverse physical or environmental effect on the neighborhood or
district. The Applicant has demonstrated runoff and drainage will not affect adjacent properties.
5. The alleged difficulty is self-created insofar as the Applicant seeks to construct a second story above the existing residence and
a small addition; however, this is not fatal to the application as the Board finds that the removal of the negative side yard setback
will improve the existing conditions.
Conditions:
1. Conditioned upon merger of lot parcel numbers 179.29-1-33.11 and 179.29-1-33.21 prior to issuance of the any
building permit.
Cherie Grey seconded the motion.
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 8 of 9
Keith Kaplan, Chairman asked if there was any further discussion. None heard.
VOTE:
Keith Kaplan, Chairman, in favor; Brad Gallagher, Vice Chairman, in favor; Cherie Grey, in favor;
Matthew Gutch, in favor; Suzanne Morris, in favor; Gage Simpson, in favor
MOTION PASSES: 6-0
4. #20191085 BLACK RESIDENCE, 94 York Avenue, area variance to construct a detached two-car garage with a carport and
in-ground pool and to maintain a shed for an existing single-family residence; seeking relief from the maximum accessory building
coverage and side yard setback and minimum patio setback in the Urban Residential-3 (UR-3) District.
Keith Kaplan, Chairman stated this is a previously opened application. Public hearing was opened and remains open.
Applicant: Gillian Black
Agent: Bob Flansburg, Dreamscapes Unlimited
Mr. Flansburg stated he has provided the requested information to the Board. He provided a visual of the site and updated survey.
The 10 x 10 foot shed is to be removed. The carport is to be removed. The applicant has requested an additional 5 feet be added to
the two car garage. The new calculations have been provided. The changes proposed it brings to the accessory coverage to 14%,
which is down from 16.2%, 2.2% less and total lot coverage is 38.7%.
Discussion ensued regarding the conditioning on the resolution no further accessory structures to be permitted. It was the consensus
of the Board that the decrease in lot coverage was appreciated. Concern was voiced regarding a precedent being set for the front
setback from the garage going from 10 feet to 5 feet. The Board did request lot coverage’s in the area.
Mr. Black spoke regarding his current proposal and neighboring properties and his intention to install solar panels on his garage in the
hopes that he can become as green as possible.
PUBLIC HEARING:
Keith Kaplan, Chairman opened the public hearing at 8:26 P.M.
Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. None heard.
DISCLOSURE:
Suzanne Morris disclosed that she does live down the street from the Black’s. She is not familiar with the applicant.
She has no financial interest in this application and she can be impartial in her voting.
Keith Kaplan, Chairman stated we will leave the public hearing open. The applicant will return at our next meeting with additional
information. A resolution will be prepared and presented at that time.
APPROVAL OF MEETING MINUTES:
Approval of meeting minutes was deferred to the January 27, 2020 meeting.
MOTION TO ADJOURN:
There being no further business to discuss Keith Kaplan, Chairman adjourned the meeting at 9:05 P.M.
Respectfully submitted,
Diane M. Buzanowski
Recording Secretary
APPROVED 2-10-20
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 9 of 9
City of Saratoga Springs - Zoning Board of Appeals – January 6, 2020 - Page 10 of 9
Agenda
Keith Kaplan, Chair
CITY OF SARATOGA SPRINGS Brad Gallagher, Vice Chair
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, JANUARY 6, 2020
NOTE LOCATION: RECREATION CENTER, 15 VANDERBILT AVE
DRAFT AGENDA
Salute to the Flag
Roll Call
A. ZBA APPLICATIONS UNDER CONSIDERATION
NEW BUSINESS:
1. #20191162 HANLEY RESIDENCE, 74 Fifth Avenue, area variance to demolish an existing single-
family residence and to construct a new single-family residence with attached garage;
seeking relief from the maximum principal building coverage and minimum front, rear,
side, and total side yard setbacks in the Urban Residential - 1 (UR-1) District.
2. #20191180 PEPPERS CORNER LLC, TWO-FAMILY, 173 Lake Avenue, area variance to demolish an
existing retail building and construct a new two-family residence with attached garages;
seeking relief from the minimum front and side yard setbacks, maximum principal building
coverage, minimum lot size, and minimum average lot width in the Urban Residential - 3
(UR-3) District.
3. #20191195 FERGUSON RESIDENCE, 280 West Circular Street, area variance to construct a new
single-family residence with attached garage on a vacant lot; seeking relief from the
maximum principal building coverage, total side yard setback, and minimum average lot
width in the Urban Residential - 2 (UR-2) District.
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 1/6/2020 9:37 AM
4. #20191198 MAYHEW & HURLY RESIDENCE, 127 Division Street, area variance to construct
additions to an existing single-family residence and to maintain an accessory structure;
seeking relief from the maximum principal building coverage, single and total side yard
setbacks, and side yard setback for an accessory structure in the Urban Residential - 3 (UR-
3) District.
5. #20191169 VALENTIN RESIDENCE, 62 Bensonhurst Avenue, Area variance to construct a deck
and stair addition to an existing single-family residence; seeking relief from the total side
yard setback and minimum principal building coverage in the Urban Residential - 2 (UR-2)
District.
OLD BUSINESS:
1. #20190908 TOWERS RESIDENCE, 91 Union Ave, area variance to demolish an existing detached
garage and construct a new second principal structure with a dwelling unit for an existing
single-family residence; seeking relief from the minimum side and front yard setbacks and
coverage for a principal structure, minimum lot width, and side yard setback for an
accessory structure in the Urban Residential - 4 (UR-4) District.
2. #20191083 O’CONNOR RESIDENCE, 122 Madison Street, area variance to construct additions to
an existing single family residence including a second story addition, front porch, and rear
deck; seeking relief from the minimum side yard setback in the Urban Residential - 2 (UR-
2) District.
3. #20191085 BLACK RESIDENCE, 94 York Ave, area variance to construct a detached two-car
garage with a carport and in-ground pool and to maintain a shed for an existing single-
family residence; seeking relief from the maximum accessory building coverage and side
yard setback and minimum patio setback in the Urban Residential - 3 (UR-3) District.
B. ADJOURNED APPLICATIONS
#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
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 1/6/2020 9:37 AM
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,
minimum lot size requirements, and minimum setbacks for a principal building in the Urban
Residential – 3 (UR-3) District.
#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.
#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: 12/16/2019
D. UPCOMING MEETINGS
Workshop: January 13, 6:00 PM
Meeting: January 27, 6:30 PM
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 1/6/2020 9:37 AM
Workshop: February 3, 6:00 PM
Meeting: February 10, 6:30 PM
Meeting: February 24, 6:30 PM
Workshop: March 2, 6:00 PM
Meeting: March 9, 6:30 PM
GENERAL MEETING GUIDELINES:
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 1/6/2020 9:37 AM
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