Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, JUNE 2, 2025 6:30 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER: Gage Simpson, Chair called the meeting to order at 6:33 P.M. PRESENT: Gage Simpson, Chair, Brendan Dailey, Vice Chair, Otis Maxwell, Chris LaPointe, Amanda Demma, Shafer Gaston, Jonah Cohen. ABSENT: STAFF: Susan Barden, Senior Planner, Jackie White, Legal Counsel. 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. #20250307 Crescent Ave. & Jefferson St. Area Variance to permit a workforce housing development in the Urban Residential-4 (UR-4) District. Stephanie Ferradino, Attorney represented the application. This variance was previously approved, and the applicant is looking for re-approval. Stephanie outlined the project for the board members who were not on the board during the initial approval: • May 18, 2023, ZBA decision: City Council – negative declaration, planning board – favorable advisory opinion, County Planning Board – no significant county wide impact. • This is a new application that has expired. There have been no significant changes to the site or neighborhood. Circumstances for the original approval have not significantly changed. • HFA funding – application in process. • City Council Zoning Amendment – December 31, 2027. • Project located on the corner of Jefferson St. & Crescent Ave. near the Racino. • 30-acre site – 20 will remain wooded and will buffer the project from the adjacent residential neighborhood. • The 2018 plan received an unfavorable decision from the planning board – they didn’t like the flat roof. Presented a revised plan with updated architecture; half gable roof provides screening for mechanicals. The revised plan is more in keeping with the feel and look of Saratoga Springs and it also raises the height. The alternative is a flat roof or field of condensers if the variance for height is not granted. They are seeking 48’ (measured from grade to midpoint between the eaves and ridge) and 40’ is what’s allowed in UR-4. The cupola is exempt.  • Review of 5 variance standards that were considered in the prior ZBA decision. Stephanie said they are requesting that the expiration date be extended to December 31, 2027, to line up with the Zoning/Comp Plan Map amendments and that it be tied to the building permit application not issuance. They are waiting for funding through the State and can’t apply for a building permit without those funds. Gage asked Jackie if the ZBA had the ability to change the expiration date to more than 18 months. Jackie said no, that’s a hard rule set by the City Code. The expiration date will be December 2026. Two additional extensions will be allowed because this is a new application. Amanda Demma recused herself from the application. Gage Simpson, Chair opened the Public Hearing at 6:43 p.m. No public comments were heard, and the Public Hearing was closed at 6:43 p.m. Jackie noted that SEQRA was performed in 2023, and the project received a negative declaration. Since it is the same application, it seems reasonable to determine that there have been no environmental changes that would have significant environmental impact. It can be reflected as such in the resolution. Brendan Dailey made a motion to permit an Area Variance to construct workforce housing development at Crescent Ave. & Jefferson St. The motion was seconded by Shafer Gaston. Discussion: 1. add – SEQRA review of the same action was completed January 3, 2023, with a negative declaration adopted by the City Council and there have been no changes to the proposed action. 2. Add Crescent “Ave.” where appropriate. 3. In #1, the last sentence should say the former planning board not zoning board. 4. In #3, the requested variance may not be considered substantial, however it is further mitigated by the undesirable change noted above. Vote: B. Dailey-Y, S. Gaston-Y, J. Cohen-Y, O. Maxwell-Y, G. Simpson-Y, A. Demma-Abstain, C. LaPointe-Y. 6 Ayes, 1 abstain, motion carried. CONTINUED BUSINESS: 2. #20250308 110 Excelsior Ave. Quality Hardware, Inc. Area Variance for a new wall sign in the Neighborhood Commercial (T-5) District. Tom Wheeler, AJ Signs represented the applicant. They are seeking a variance for the letter height. They would like 24” and the code allows for 18”. In the logo the “Q” is 48” instead of 18”. Tom said they were asked to come back with heights of letters on buildings in the area for comparison. The EBI Beverage Center letters are 24” tall. They need the 24” height for visibility because Excelsior Ave. is so far back. He said the hardware store doesn’t have a monument sign. It was hit by a car and won’t be replaced. The proposed sign will serve a dual purpose. Louise Eddy, owner of Quality Hardware said they’ve been very fortunate to serve the community at that location for the past 50 years and have done very little updating to the building. It’s necessary at this time to do so to continue to prosper in the area. Gage asked if they considered the PPG and Benjamin Moore signs on their building. Louise said she would consider reducing the PPG sign but would like to keep the Benjamin Moore sign the standard size because they have requirements to meet as a Benjamin Moore Dealer to display a certain size sign. Shafer asked if they had a contractual requirement. Louise said they don’t, and they do have various signs to choose from. (not speaking into the mic & hard to hear). Shafer said he’s looking for the overall amount of signage on the wall at the end of the day. If the PPG and Benjamin Moore signs are optional (both measure 4’ by 4’) and could be removed or reduced it would be easier to consider the larger hardware signage. Brendan agreed with Shafer City of Saratoga Springs - Zoning Board of Appeals – June 2, 2025 Page 2 of 3 and asked if they could meet in the middle with the height of the lettering and make it 21”. Gage thinks the 18” lettering for Hardware and Lumber is fine. When customers come to the store, they will see the large “Q” and then notice the lumber and hardware lettering. Jonah said he has no problem with the 84” “Q” sign and 24” hardware and lumber lettering. Susan noted that the zoning administrator, in calculating for zoning compliance, calculated that the existing sign is 49 sq. ft. and the new sign area total is 100 sq. ft. The actual maximum cumulative wall signage for the façade is 150 sq. ft. and does not include the PPG or Benjamin Moore signs. Shafer said the two 4 by 4 signs would be 132 sq. ft. and wouldn’t need an area variance. Following a discussion among board members it was decided that a resolution would be proposed. Gage Simpson, Chair opened the Public Hearing at 7:15 p.m. No comments were heard, and the Public Hearing was closed at 7:15 p.m. Shafer said his motion was crafted with the idea that the paint signs would be removed and that would create an overall net improvement. They would still be out of compliance but less than they are now. The applicant said they’re willing to update the Benjamin Moore sign, which is great, but he didn’t plan to factor it into the resolution. Gage said the PPG and Benjamin Moore signs have been there and shouldn’t be considered. The applicant is willing to update those signs but there’s no means of enforcement. Gage said the variances could be reduced by making “Lumber” and “Hardware” 18” and the board agrees on the 84” for the “Q”. The board members agreed that there wasn’t a discernible difference between 18” and 24” lettering height. Shafer Gaston made a motion to permit an area variance for wall signs at 110 Excelsior Ave., Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Vote: B. Dailey-Y, S. Gaston-N, J. Cohen-Y, O. Maxwell-Y, G. Simpson-N, A. Demma-N, C. LaPointe-Y. 4-3, motion carried. 3. #20250266 16 Excelsior Spring Ave. Area Variance to provide for a proposed two-lot subdivision in the Urban Residential – 1 (UR-1) District. Gage Simpson, Chair said the applicant is not present, but they have received a favorable advisory opinion from the Planning Board. Gage Simpson, Chair said the Public Hearing was still open if anyone wished to comment. No comments were heard, and the Public Hearing was closed at 7:31 p.m. Chris LaPointe made a motion to permit an area variance for a two-lot subdivision at 16 Excelsior Springs Ave., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: 1. Note a favorable advisory opinion from the Planning Board. 2. In #1 note the variance is being triggered by the proposed subdivision and location of the pre-existing house. In #1 remove the sentence “there’s no adjoining land available for purchase”. 3. In #4 add “the property will adhere to the minimum lot requirements.” 4. In #4 it should say “adverse effect or impact” and not “adverse effort or impact”. Vote: B. Dailey-Y, S. Gaston-Y, J. Cohen-Y, O. Maxwell-N, G. Simpson-Y, A. Demma-Y, C. LaPointe-Y. 6-1, motion carried. The meeting was adjourned at 7:39 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – June 2, 2025 Page 3 of 3