Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (FINAL) MONDAY, OCTOBER 19, 2020 6:30 P.M. ZOOM WEBINAR CALL TO ORDER: Keith Kaplan, Chairman, called the meeting to order at 6:32 P.M. SALUTE TO THE FLAG: PRESENT: Keith Kaplan, Chairman; Cherie Grey; Gage Simpson; Christopher Mills; Matthew Gutch; Terrance Gallogly ABSENT: Brad Gallagher, Vice Chairman STAFF: Susan Barden, Principal Planner, City of Saratoga Springs Mark Schachner, Counsel to the Land Use Board 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. ZBA APPLICATIONS UNDER CONSIDERATION: NEW BUSINESS: 1. #20180185 SCHMIDT SINGLE-FAMILY EXTENSION, Cobb Alley Lot1, extension of an area variance to construct a new single family residence; seeking relief from the minimum mean lot width and minimum lot size, minimum front and rear yard setbacks, and maximum principal building coverage requirements in the Urban Residential-3 District. Keith Kaplan, Chairman stated this application is before the Board for extension of an area variance. SEQRA: This 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 Minimum Lot Size 6600 ft. 2500 ft. 4100 ft. or (62.1%) Minimum Average Width 60 ft. 50 ft. 10 ft. or (16.7%) Maximum Principal Coverage 30% 50.0% 20.0% or (66.7%) Front Setback 10 ft. 4 ft. 6 ft. or (60.0%) Rear Setback 25 ft. 4 ft. 21 ft. or (84.0%) No representative present for this application. Application deferred to the next scheduled ZBA meeting on November 9, 2020. 2. #20200552 BELLAMORE SECOND PRINCIPAL STRUCTURE, 157 Excelsior Avenue, area variance to construct a second principal structure with a dwelling for an existing single-family residence; seeking relief from the maximum number of principal buildings on a lot and minimum lot size requirements in the Urban Residential-2 (UR-1) 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 Minimum Lot Size 12500 ft. 3278 ft. 9222 ft or (73.8%) Minimum Average Width 100 ft. 0 ft. 100 ft. or (100.0%) Maximum number of principal buildings 1 2 1 or (100.0%) Applicant: Jesse Lena & Linda Bellamore Applicant’s mother is elderly and requires housing. The applicants have investigated feasible alternatives. They are looking at separate housing but in closer proximity while being financially feasible. They are proposing a second principal structure on the property to house the applicant’s mother. Discussion ensued among the Board regarding feasible alternatives and the precedent setting nature of the request with a second principal residence on the property, the fact that the variance is retained with the property and the amount of relief requested. PUBLIC HEARING: Keith Kaplan, Chairman opened the public hearing at 6:56 P.M. Keith Kaplan, Chairman asked if anyone in the public wished to comment on this application. Kirk Williams, next door neighbor, stated they have a good size lot. He has no issues with what his neighbors are requesting. Keith Kaplan, Chairman stated we have provided feedback to the applicant. We have opened the public hearing and it will remain open. Our next meeting is scheduled for November 9, 2020. The Chair encouraged the applicants to speak with staff concerning the next step to moving this application forward. 3. #20200617 GENNETT SINGLE-FAMILY DECK, 67 Kaydeross Park Road, area variance to construct a rear deck addition to an existing single-family residence; seeking relief from the minimum rear, side and total side yard setback requirements in the Suburban Residential-2 (SR-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 Rear Setback 30 ft. 26.3 ft. 3.7% or (12.3%) Side Setback Side 1 12 ft. 11.6 ft. 0.4 ft. or (3.3%) Total Side 30 ft. 29.5 ft 0.5 ft. or (1.7%) No representative present for this application. Application deferred to the next scheduled ZBA meeting on November 9, 2020. 4. 20200635 WELL NOW URGENT CARE SIGNAGE, 204 South Broadway, area variance to construct signage on a commercial building; seeking relief from the minimum ground clearance for an awning, maximum lettering height on signage, and to permit a wall sign on an elevation not fronting a street requirement in the Transect-5 (T-5) District. SEQRA: Action appears to be an Unlisted Action and does not exceed 25% of any of the thresholds set by 6 NYCRR Part 6.17.4C (9) and is therefore exempt from further SEQRA Review. City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 2 of 8 AREA VARIANCE CONSIDERATIONS: TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED Maximum lettering height 18 in. 24 in. 6 in. or (33.3%) Wall sign on an elevation non fronting a street 0 1 100% Agent: Tom Wheeler, AJ Sign Company Mr. Wheeler stated the applicant is allowed a sign on the building frontage and they are also requesting a sign on the south side of the building. This is typical signage for the Well Now Urgent Care. They are affiliated with St. Peters HealthPartners. The proposed sign has internally lit lettering which is not extremely bright. A visual of the proposed signage was provided to the Board. Keith Kaplan, Chairman questioned if the applicant could provide a mockup of the proposed sign along with a simulation of a compliant sign and what that would look like from the street. The Chair voiced concern regarding the request for the additional signage on the right elevation. The Board is tasked with granting the minimum amount of relief and does not feel it is necessary and he is opposed to this signage since it is 100% relief and is precedent setting as well. Discussion ensued among the Board regarding a freestanding monument sign out front and the wall signage providing visibility. The Board agrees additional signage on the south side of the building is unnecessary. The Board has requested addition information concerning illumination of the proposed signage and amount of light spillage as well as mockups between the two sizes of the proposed signage. PUBLIC HEARING: Keith Kaplan, Chairman opened the public hearing at 7:16 P.M. Keith Kaplan, Chairman asked if anyone in the audience wished to comment on this application. James Gallagher, Whitney Place behind the project. He questioned if signage is proposed on the alley behind the site. Maureen Bergen, 9 Whitney Place. A letter was submitted to the Board by Bill Bergen a neighbor. She stated rules are in place and should be followed. The signage is too large. Keith Kaplan, Chairman, stated the public hearing will remain open. Feedback from the Board was provided to the applicant. Additional information has been requested regarding the amount of light spillage, wattage of the sign as well as mockup of the signage both in the size proposed and the size allowed by code. The next ZBA meeting is scheduled for November 9, 2020. 5. 20200675 BONITATIBUS SINGLE-FAMILY FENCE, 28 Ruggles Road, area variance to construct a fence around a sport court for a single-family residence; seeking relief from the maximum residential fence height requirements in the Rural Residential (RR) 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 Residential Fence Height 6ft. 10 ft. 4 ft. or (66.7%) DISCLOSURE: Keith Kaplan, Chairman disclosed that he and the applicant work for the same agency. They see each other on Zoom calls. They have never actually worked together. He feels he can be objective in this matter. City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 3 of 8 DISCLOSURE: Lexie Bonitatibus disclosed that she is currently a member of the Planning Board. Applicant: Lexie Bonitatibus Ms. Bonitatibus stated she is the owner of this property. This is a simple basketball tennis sport court. Photographs were provided to the Board noting the location of this court which is tucked away on the property surrounded by trees. The property is more than 100 feet off the road and the neighbors are a distance away. They are proposing a 10-foot black chain link fence which will enclose the court which is 116 ft. x 70 ft. Discussion ensued among the Board regarding the applicant’s request, and if this is considered an accessory structure. It was the consensus of the Board that the resolution be conditioned if the court was removed the chain link fencing should be removed as well. Photographs of the court from the road were requested by the Board. PUBLIC HEARING: Keith Kaplan, Chairman opened the public hearing at 7:40 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. The Board requested additional photographs and city staff will provide additional dimensions. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 9, 2020. 6. 20200678 99 FIFTH AVENUE NEW SINGLE-FAMILY, 99 Fifth Avenue, area variance to construct a new single-family residence on a vacant lot; seeking relief from maximum principal coverage and minimum front yard setback requirement in the Urban Residential-1 (UR-1) 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 20% 24.3% 4.3% or (21.5%) Front Setback – Schuyler Drive 30 ft. 22.5 ft. 7.5 ft or (25.0%) Applicant: 99 5th Avenue LLC, Charles Judge Agent: Michael Toohey, Attorney; David D’Amore, CT Male & Assoc. Mr. Toohey stated this parcel is located at the northwest corner of Schuyler Drive and Fifth Avenue. The parcel is 14,220 square feet and located in a zone which requires 12,500 square feet parcels. The parcel has a 90-foot frontage on Fifth Avenue and has been determined to be a pre-existing non-conforming parcel as opposed to the 100 ft. requirement. The applicant is proposing a single- family home on this site with a pool. A visual of the site was provided for the Board as well as the area variances the applicant is requesting and the history of this parcel, including previously granted area variances granted in 2015 which has expired. Mr. Toohey also reviewed the requirements for an area variance and provided a listing of comparable homes in the area. He also noted what the applicant is proposing is consistent with neighborhood. Cherie Grey questioned the height of the proposed home and the neighborhood comparables, along with the percentage of accessory equipment on the site such as the pool pump and air conditioning units, etc. She also questioned if the applicant would be amenable to move the garage back further off Schuyler Street. Also, if the applicant would consider sidewalks along Schuyler Street. It is a key corner in the neighborhood and leads to Caroline Street School. City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 4 of 8 Mr. D’Amore stated the proposed home is 30 feet in height and in general the average height of current homes in the area is in the 27- 28 ft. height range. Regarding moving the garage back off Schuyler Street we feel it is consistent with the Schuyler Drive neighborhood and streetscape. Discussion ensued among the Board concerning the variances requested, design alternatives, lot coverage percentages. Keith Kaplan, Chairman stated the Board has requested lot coverage percentage. This includes as Cherie stated all accessory equipment on the property. Also, all the lot comparables presented are on the south side. This home is on the north side. Lot comparables on the north side would be appreciated. PUBLIC HEARING: Keith Kaplan, Chairman opened the public hearing at 8:19 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. The Board has requested some additional information. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 9, 2020. CONTINUED BUSINESS: 7. #20200584 OLMSTEAD SINGLE-FAMILY ADDITION, 53 Greenfield Avenue, an area variance to construct an entry porch addition to an existing single-family addition; seeking relief from the minimum front yard setback in the Urban Residential-1 (UR-1) District. Keith Kaplan, Chairman stated this is a previously opened application. The public hearing was opened and remains open. PUBLIC HEARING: Keith Kaplan, Chairman stated the public hearing was opened and remains open. Keith Kaplan, Chairman asked if anyone in the public wished to comment on this application. None heard. Keith Kaplan, Chairman closed the public hearing at 8:21 P.M. Agent: Steven Greenblatt, Attorney Mr. Greenblatt provided photographs of the front of the home per the request of the Board. By removing the row of arborvitaes this would open the Olmsted’s home to the entire neighborhood. This entry porch addition will be minimally disruptive to the neighborhood. No trees will be removed. Cherie Grey stated she feels that the proposed addition is large for the property. She would prefer the request was for less of a variance and would be less intrusive to the property on that side. Gage Simpson presented the following resolution. #20200584 IN THE MATTER OF THE APPEAL OF BETSY AND PETER OLMSTED 53 GREENFIELD AVE, SARATOGA SPRINGS NY 12866 from the determination of the Building Inspector involving the premises at 53 Greenfield Ave in the City of Saratoga Springs, New York being tax parcel number 165.35-2-64 on the Assessment Map of said City. City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 5 of 8 The applicant having applied for an area variance under the Zoning Ordinance of said City to permit the addition of a front entry porch in an Urban Residential 1 (UR-1) District and public notice having been duly given of a hearing on said application held on the 28th day of September through the 19th day of October, 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 variance for the following amount of relief: TYPE OF REQUIREMENT DISTRICT PROPOSED RELIEF REQUESTED DIMENSIONAL REQUIREMENT Minimum Front Yard Setback 30’ 15.8’ 14.2’ or 47% 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. Per the applicant, there are no good locations on the property for deliveries to be placed and protected from the elements. The applicant states that the only other options are to cut down some trees that lead to the existing front door or leave the garage door open. The addition of another entry porch will mitigate the need for these alternatives. 2. The applicant has demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The proposed porch is 6 feet by 12 feet and, per the applicants, is designed to fit in with the current design of the house as well as fit within several existing trees that will decrease visibility of the porch to the neighborhood. 3. The proposed variance could be considered substantial; however, the impact is mitigated by the positioning of the house. The Board notes the residence is an older structure positioned in a diagonal fashion to Greenfield Avenue, causing the side of the house to be adjacent to the street. As a result, the pre-existing, non-conforming “front” of the house is within 2 feet of the front property line. The proposed porch extends off the side of the house an additional six feet but given the diagonal orientation of the house on the property; this porch would be 15.8 feet from the front property line. The Board finds that the proposal’s 15.8 feet setback is further from the property line than the corner of the residence and enhances the functionality of the house without incremental impact. 4. The proposed variance will not have any adverse physical or environmental effects on the neighborhood. The proposed porch is minimal in size, does not have any plumbing, and does not make a significant impact to the lot permeability. 5. The alleged difficulty is considered self-created insofar as the applicant desires to build the porch. 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, opposed; Christopher Mills, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Terrance Gallogly, opposed MOTION PASSES: 4-2 8. #20200544 NAPOLI SINGLE-FAMILY ADDITIONS, 28 Granite Street, area variance to construct combine two lots and demolish an existing single-family residence, make additions to an existing single-family residence and construct a two-story detached structure with first floor parking and second floor dwelling seeking relief the minimum front yard setback, maximum principal building coverage, maximum number of principal buildings on a lot, and minimum lot size requirements in the Urban Residential-3 (UR-3) District. Keith Kaplan, Chairman stated this is a previously opened application. The public hearing was opened and remains open. There has been a change to this application and one of the areas of relief has been removed. The finished space in the accessory structure has been removed. City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 6 of 8 SEQRA: Action appears to be a Type II action and exempt from further SEQRA review. AREA VARIANCE CONSIDERATIONS: TYPE OF REQUIREMENT REQUIRED PROPOSED TOTAL RELIEF REQUESTED Minimum Front Setback-Granite Street 10 ft. 5.2 ft. 4.8 ft. or (48%) Setback-Front-Vermont Street 10 ft. 1.7 ft. 8.3 ft. or (83%) Applicant: Mike and Val Napoli Agent: Bob Flansberg, Architect, Dreamscapes Unlimited Mr. Flansberg stated there has been a change in the application after further dialog with the applicants. The family wished to disclose all the plans they had for this property. They are currently focusing on the house and the pool. The garage construction probably will not happen for two to three years. New calculation numbers were provided to staff which includes pool equipment, basement egress window and overhangs. Total coverage for principal residence is 3,149 square feet or 29.4% coverage. The District requirement for lot coverage is 30%. The accessory coverage includes pool equipment, air conditioning condenser, and pool water which is 387 square feet or 3.6% well under the 10% allowed. They are leaving the garage structure in place currently, and this will add to the accessory coverage adding 4%. Discussion ensued among the Board with the applicant concerning accessory structure coverage. PUBLIC HEARING: Keith Kaplan, Chairman stated the public hearing was opened and remains open. Keith Kaplan, Chairman asked if anyone in the public wished to comment on this application. None heard. Keith Kaplan, Chairman closed the public hearing at 9:00 P.M. Keith Kaplan, Chairman stated the Board does not have a resolution at this time. A resolution will be prepared and presented at the next ZBA meeting scheduled for November 9, 2020. APPROVAL OF MEETING MINUTES: Cherie Grey made a motion to approve the minutes of the September 14, 2020 Zoning Board of Appeals Meeting as amended. Christopher Mills seconded the motion. VOTE: Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Christopher Mills, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Terrance Gallogly, in favor MOTION PASSES: 6-0 Cherie Grey made a motion to approve the minutes of the September 28, 2020 Zoning Board of Appeals Meeting as amended. Christopher Mills seconded the motion. VOTE: Keith Kaplan, Chairman, in favor; Cherie Grey, in favor; Christopher Mills, in favor; Gage Simpson, in favor; Matthew Gutch, in favor; Terrance Gallogly, in favor MOTION PASSES: 6-0 City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 7 of 8 MOTION TO ADJOURN: There being no further business to discuss Keith Kaplan, Chairman adjourned the meeting at 9:02 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 11/09/2020 City of Saratoga Springs - Zoning Board of Appeals – October 19, 2020 - Page 8 of 8