Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, APRIL 8, 2024 6:30 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER: Brendan Dailey, called the meeting to order at 6:30 P.M. PRESENT: Brendan Dailey, Shafer Gaston, Otis Maxwell, Chris LaPointe, Jonah Cohen ABSENT: Gage Simpson, Chair, Brad Gallagher, Vice Chair, Chris Maslak (Alternate), Robert West (Alternate) ANNOUNCEMENT OF RECORDING OF PROCEEDING: The proceedings of this meeting are being recorded for the benefit of the secretary. Because the minutes are not verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. ZBA APPLICATIONS UNDER CONSIDERATION: PROCEDURAL BUSINESS: NEW BUSINESS: 1. #20240157, L-28 South, two family construction. Area variance to permit the construction of a two-family residential structure in the Urban Residential – 3 (UR-3) District. Variances sought for L-28 South: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MIN. LOT SIZE 8,000 SQ. FT. 7,875 SQ. FT 125 SQ. FT. (1.6%) MIN. AVERAGE WIDTH 80 FT. 50 FT. 30 FT. (37.5%) John Longo, 26 Stafford Bridge Rd., Saratoga Springs. John said he’s a native Saratogian and a retired Saratoga Springs Firefighter. He’s seeking area variances to allow the construction of a two-family dwelling that would comply with the existing single-family guidelines in size, scope, setback, building and impermeable coverage. They’re looking to do something that looks like a single family but is two-family. John said he purchased L-28 from the city in 1997. He said at the time he lived in the house to the right of L-28 at L-27 on the tax map which is attached to the application. Initially John had thought about building a garage on L-28 when there was no available municipal water on South St. Shortly after the city offered paper streets to the adjacent landowners which created L-49 and L-50 (next to L-27 on the tax map). This allowed John to build a garage closer to his home on L-27 so nothing else was done on L-28. John said about 10 years ago the private waterline on South St. which serviced L-27 and L-31 failed and the city replaced it with a new 8” waterline and put a curb cock in for L-28. In 2004 John sold his home on L-27 and built a home where he currently lives on Stafford Bridge Rd. John said when he purchased L-28 the area was much quieter than now. Price Chopper was at the other end of the Ballston Ave. Plaza, K-mart was closing, and people rarely used the northern entrance to the plaza. There was a field with a wooded lot across from L-28 (parklike). That changed when K-Mart closed (Grand Union has that lease) and Price Chopper wanted a bigger space, so they built the new store that’s there today, changing the nature of South St. John said in his opinion and that of several realtors, no one has shown interest in building a single-family home on L-28 because of the commercial development in the area. John said the property has been on the market for 800 days and he has had no credible offers. He said he has had several inquiries about building a two-family dwelling/workforce housing without changing the character of the neighborhood. Jonah Cohen said all the lots as well as L-28 on South St. are pre-existing, non-conforming in terms of lot size. John said all the lots except L-27 are 50x157. Aneisha said if they were single-family homes, they would be consistent and conforming, but for two-family as presented tonight it’s non-conforming in terms of dimensions. Brendan said some other two families were listed in the application. John said the tax map he submitted shows, in the pink area, lots that have either two-family, three-family, or multifamily homes. Lot 33.2=2-family, 37=2- family, 38.1=3-family, 23=4-family (minimum), 24=2-family, 25=hotel, 26=4+ units. Shafer clarified that there are no dimensional variances required for the building itself, just the lot. Aneisha said the proposed building is conceptual. She said the applicant is just looking for the variances that would permit a two-family. John said the plan they’re showing is where a house would be located and meets the setback for size, scope, etc. Aneisha asked the applicant if they’re planning on constructing the building. John said he may do it himself or transfer the ability to do it to someone else. Shafer said he’s hesitant to approve a conceptual variance. He said he’s not necessarily opposed as it is zoned UR-3 which allows for more density in that area. Shafer said he would like to know what they’re approving all at once – whether there will be a two family or not. Aneisha said whoever decided to build the two-family could come back for variances. Brendan said they had no further questions. The next meeting is April 22nd. Brendan Dailey opened the Public Hearing at 6:49 p.m. There were no comments, and the comment period will remain open. 2. #20240118, 169 Union Ave. garage demo and construction. Area variance to permit the construction of a second dwelling unit within the Urban Residential – 4 (UR-4) District. City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 2 of 7 Variances sought for 169 Union Ave.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MIN. AVERAGE WIDTH 80 FT. 50 FT. 30 FT. (37.5%) MAX. PRINCIPLE 40% 48% 8% (20%) COVERAGE FRONT SETBACK (GARAGE 10 FT. 9 FT. 1 FT. (10%) TO THE ALLEY) MAX. DRIVEWAY % 25% 40% 15% (60%) Tonya Yasenchak, Engineering America & Y Engineering represented the owner of 169 Union Ave. Tonya said they have been before the ZBA in the past for this project (2012 & 2017) for improvements to the main house. She said there’s a new porch on the back of the house that won an award from the Saratoga Preservation Foundation. Tonya said the house has been renovated from top to bottom – 3 stories, about 1.5 million in renovations. She said the owner now wants to do something with the rest of his property. There’s an existing 2-car garage that was built in the 1920’s (not original to the house which was built in the late 1800’s) that’s in very poor condition. The owner would like to tear the garage down and build a new carriage house with an apartment above it and parking below for his cars. Tonya showed slides of the existing property located across from the Saratoga Racecourse and along Ludlow. Tonya showed pictures of the garage. She said there’s a tree that’s causing a lot of damage to the sidewalk along Ludlow and will have to be removed. Tonya said they are in negotiations with the city about who can take the tree down. She said the sidewalk will also be replaced and the asphalt that’s there now will be lawn. There’s a small garage on Morton Pl. with a single- family house next door. Tonya showed a photo of the garage to be torn down as it faces toward the west, south and northwest. She said there are no sill plates or foundation and it’s rotted and listing. Tonya showed the plot plan for the proposed carriage house. She said the carriage house is very similar to one approved by the ZBA off Nelson Ave. They are proposing 9’ from Morton Pl. and the overhang. There will be 10 ft. alongside the carriage house to pull a car in. Tonya said by taking away the asphalt it will add to the character of the neighborhood. Tonya said their project site is .16 acres with a 50 ft. wide lot. She said per the UDO 80 ft. is required to have a second dwelling unit. Tonya showed an overhead view of the neighborhood and gave examples of several multiple dwelling properties and how they are in keeping with the character of the neighborhood. Tonya showed renderings, elevations, and floor plans for the proposed carriage house. She said they will be required to go before the DRB because the house is in a design review district/historic district. Tonya said everything that is being proposed with the building is wood - siding, windows, etc. She said the owner is only at his home during the track season and does not rent it out. She said she’s not sure what his intentions are for the carriage City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 3 of 7 house. Tonya said she doesn’t feel the variances are excessive and that their proposal is in keeping with the character of the neighborhood. Brendan said a second dwelling appears to fit with the character of the neighborhood and he’s happy they are working with an arborist regarding the tree. Brendan asked if they would be removing the other maple tree in the yard. Tonya said she wasn’t sure and will find out. Brendan asked Tonya if there were other buildings in the neighborhood that were over the allowed coverage. Tonya said she will check the square footage on tax records. Brendan asked if there was anything that could be done to make it smaller. Tonya said a one car garage wouldn’t work for an apartment above, it would be too small. She said they have the 1-foot overhangs to give it more of a carriage house look with dormers rather than just flat looking. She said they might be able to make it a little smaller in width, but they’re concerned about coming off Morton Alley and getting into the garage. The same with backing out of the garage. She said they might be able to make that width a little bit smaller and will talk with her client. Jonah thanked Tonya for bringing the comps of the neighborhood, they helped to alleviate his skepticism about the application. He asked what the increase in coverage is from the old garage to the carriage house. Tonya will come back with that information. Jonah asked why the 1 ft. variance is needed. Tonya said that her client wants to keep more greenspace in between the carriage house and the house. Also, most of the buildings on Morton run right next to the alley so at 9 ft. they will be substantially further away than all the other buildings on the street. Chris asked Aneisha if the DRB would be looking at mass and scale and could decide it’s too large or too small. Aneisha said they could say that, but the variances being sought have nothing to do with the size. They are for coverage - lot width and front yard setback. Shafer said he likes that the asphalt is being removed. He said he does share some of the concerns about the lot coverage. Anything her client is willing to do to reduce the coverage would help him to be more in favor of the project. Tonya said she will provide the difference in coverage and the difference in the impermeable surface with the asphalt being removed and replaced with lawn. Otis asked if Tonya could provide a quick summary on the similar project she mentioned on Nelson Ave. Tonya said it was similar to the building itself but not the variances being requested. Otis asked about the extra parking space in front of the two-car garage and if it would block the cars in the garage. Tonya said yes, but it’s no different than any other house with a two-car garage where people pull in and park in the driveway. Tonya added that it’s typically accepted with the UDO and zoning if a home needs one and a half parking spaces or if a multi-family needs three. This will be a multi-family and we will have three parking spaces on site. You’re allowed to count the space in the driveway as parking. Tonya clarified that the tree that was discussed earlier is tearing up the sidewalk that her client wants to repair. The tree is the City’s responsibility and whether it stays or goes is irrelevant to this project. It was just something her client proposed to the city. Brendan Dailey opened the public comment at 7:16 p.m. There were no public comments. The public comment period will remain open. Tonya will return with the items/answers the board asked for. City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 4 of 7 3. #20240113 89 Court St. garage construction. Area variance to permit the construction of a detached garage and potting shed in the Urban Residential – 3 (UR-3) District. Variances sought for 89 Court St.: TYPE OF REQUIREMENT ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. PRINCIPLE 40% 46% 6% (15%) COVERAGE Marcella? SD Atelier Architecture filled in for Sue Davis who was unable to make the meeting. Marcella is representing Joshua and Chelsea Silver who are proposing to build a new garage. Marcella showed an aerial view of the location of the house and comps of neighbors nearby with more than 40% coverage on their lots. Marcella said their calculations are based on tax maps so some of the properties could be more than 40% with overhangs. She said it would be a typical carriage house design which is common in the neighborhood. Marcella showed a 3-d view of the garage on the lot and the size compared to the house. The proposed garage is one-car and is 22’ x 26’ with a potting shed and storage area in the attic. Otis said he would like more details and examples of the structures that are over the 40% to consider. Otis noted that the applicant is proposing to replace a 79 sq. ft. potting shed with a 572 sq. ft. garage. He asked if the concrete pad under the potting shed would be removed and then become a permeable area. Marcella said they require 70%, the existing is 58.44%. Chris asked if even with the concrete patio, slate patio, and an asphalt driveway they still meet permeability requirements. Marcella said yes. Shafer said most of the properties shown as comps on the map appear to be more than one block away. Josh Silver, owner described the locations of the houses shown in the “Neighboring Properties” photo that Marcella presented. He said the house to the top right is two houses to the left of his and has a detached garage. Shafer said they need details about the images and where they’re located to see if they’re consistent or not. Brendan Dailey said it would be preferable for the applicant to get the information to Aneisha by next Monday before the next meeting on April 22nd. Brendan opened public comment at 7:28 p.m. Vincent Pelliccia, 87 Court St., next door to the applicant. Vincent said he just learned about the proposal today. He said his neighborhood is under a lot of pressure with Airbnb’s. Vincent said it’s been a beautiful single-family neighborhood with a lot of kids running around. He said he’s becoming more and more concerned with the change in character of the neighborhood. Things could shift very quickly in the wrong direction. Vincent said he doesn’t have any complaints about this proposal right now, but he is concerned about it being close to his pool area and becoming a little claustrophobic. He said there’s a brand-new garage built next door to City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 5 of 7 him where the owners want to rent (have plumbing, showers, etc.) even though they don’t have a CO. Vincent said he is talking with Josh about some of his concerns to see if he can work with him on that. He thanked the board for checking these things out and the city for changing many of their regulations for the better. Brendan said the public comment will remain open. CONTINUED BUSINESS: 4. #20240111 41 Covell Single Family Construction. Area Variance to permit the construction of a single-family home with an attached garage in the Urban Residential -2 (UR-2) District. Aneisha said the applicants spoke with her today and said they may not be coming. She said the applicant didn’t have any homework and the board can proceed with a resolution and vote if they are at that point. Brendan opened public comment at 7:32 p.m. There were no comments. The public comment was closed at 7:32 p.m. A motion was made by Jonah Cohen to approve the area variances for the construction of a single-family home at 41 Covell Ave., Saratoga Springs, NY. The motion was seconded by Shafer Gaston. Discussion: Brendan #2 just “consistent”. Vote: J. Cohen-Y, C. LaPointe-Y, O. Maxwell-Y, S. Gaston-Y, B. Dailey-Y. Approved 5-0, motion carried. 5. #20240064, 59 Fifth Ave. Addition. Area variance to permit the expansion of the existing single-family home in the Urban Residential-1 (UR-1) District. Brendan Dailey opened public comment at 7:37 p.m. No comments were heard, and the public hearing was closed at 7:37 p.m. A motion was made by Shafer Gaston to approve the area variances for the construction of an addition at 59 Fifth Ave. Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Discussion: Aneisha made a correction to the relief being sought (should be 5 ft. for the interior side=58%). Brendan said on #2 home would be of a “comparable size”. Vote: J. Cohen-Y, C. LaPointe-Y, O. Maxwell-Y, S. Gaston-Y, B. Dailey-Y. Approved 5-0, motion carried. 6. #20231018 180 Fifth Ave. Area Variance to permit a two-car garage addition to the single- family residence within the Urban Residential -1 (UR-1) District. Brendan Dailey opened public comment at 7:41 p.m. No comments were heard, and the public hearing was closed at 7:41 p.m. A motion was made by Brendan Dailey to approve the area variances for the construction of a two-car garage expansion to the single-family residence at 180 Fifth Ave. Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Discussion: Otis asked that the corrected City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 6 of 7 type of requirements be read again. Shafer asked if the final project ended up with 3.5 ft. not 5 ft. to the rear setback. Aneisha said it should be corrected to 5 ft. Per Jackie’s recommendation wording regarding the location of the addition will be “The property is located on a corner lot and is situated at the east end of Fifth Ave. and the addition is located on the opposite side of the neighboring property”. Vote: J. Cohen-Y, C. LaPointe-Y, O. Maxwell-Y, S. Gaston-Y, B. Dailey-Y. Approved 5-0, motion carried. Brendan Dailey made a motion to adjourn at 7:47 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – April 8, 2024 Page 7 of 7