Zoning Board of Appeals

ZONING BOARD OF APPEALS MINUTES (DRAFT) MONDAY, OCTOBER 27, 2025 6:30 P.M. CITY COUNCIL CHAMBERS CALL TO ORDER: Gage Simpson, Chair called the meeting to order at 6:30 P.M. PRESENT: Gage Simpson, Chair, Brendan Dailey, Co-Chair, Otis Maxwell, Chris LaPointe, Amanda Demma, Jonah Cohen, Shafer Gaston ABSENT: STAFF: Susan Barden, Senior Planner, Jackie White, 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 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. 20250909 122 North St. Area variance for a porch addition to an existing residence in the Urban Residential – 3 (UR-3) District. Variances sought for 122 North St.: TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED FRONT YARD SETBACK 10 FT. 3.5 FT 6.5 FT (65%) Jason Diiulio (the mic was not on, difficult to hear) wants to construct a side porch flush with the house. Jason showed a plot plan and a photo of the house. The existing footprint is not changing nor the screened in porch on the left. They are looking to add a porch to the right side of the house. They have an open building permit to move the front door to the right side of the house and to raise the roof. Jason showed the elevation for the new porch. Most of the houses in the neighborhood are about 5 or 6 ft. from the sidewalk. A comparison showed 64 houses average 4.9’ from the sidewalk. Gage Simpson, Chair opened the Public Hearing at 6:37 p.m. There were no comments, and the Public Hearing will remain open. Shafer had no questions but appreciated that the applicant cut the comparison boundary at UR-2 and stayed in the UR-3. Otis said he appreciates the comps. He lives near the neighborhood and knows how close the houses are to the curb in many cases. Jonah said the house is on an angle and asked how far the bottom right of the existing house is from the property line. Jason said to the sidewalk is 6 ft. 3”. Gage asked if the plot plan shows them raising the roof up. Jason said yes and he’s gotten a permit, and the roof has already been raised. Gage Simpson, Chair after hearing no comments, closed the Public Hearing at 6:41 p.m. Shafer Gaston made a motion to approve a variance for a porch addition at 122 North St., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Vote: G. Simpson-Y, B. Dailey-Y, J. Cohen-Y, O. Maxwell-Y, C. LaPointe-Y, S. Gaston-Y, A. Demma-Y. 7-0, motion carried. 2. 20250896 116 East Ave. Area variance for additions to an existing single-family residence in the Urban Residential – 2 (UR-2) District. Variances sought for 116 East Ave.: TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED SIDE SETBACK 8 FT. 4.83 FT. 3.17 FT. (39.6%) CORNER SIDE 10 FT. 6.16 FT 3.84 FT. (38.4%) Keith Buff, Architect representing Robert Massie, owner. Robert said his family has grown and they need to increase their living space while keeping with the character of the neighborhood. Keith said the house is a 1930’s 2-story colonial, approximately 1500 sq. ft., on the corner of East Ave. and Mclaren St. and the lot is around 5,000 sq. ft. They are seeking to build two additions. On the north end there’s a screened-in porch that will be removed for a single-story den addition. On the south side the porch and mudroom will be removed, and they are proposing to replace it with a two-story addition that’s the width of the house, to expand the kitchen and upstairs bedroom. It will align with the existing residence that is non-conforming. They are proposing an entry addition on the front on East Ave. which will require variances for curb appeal. Gage Simpson, Chair opened the Public Hearing at 6:51p.m. Jonah – really likes the design, it fits with the neighborhood. To minimize variances, could the applicant consider extending the north side den further into the backyard while making it narrower. Robert said it was considered but there’s a chimney that runs through there that takes up about 1.5 ft. of usable space. Jonah verified that the rear addition will not extend any further south than currently exists. Otis asked if the chimney would remain. It will and they will build around it. Shafer asked how the footprint and livable square footage compare to other houses in the neighborhood. The applicant will return with those comps. Brendan noted that the public comments submitted by the neighbors were very supportive of the project. Amanda asked where the mechanicals would be located. Robert said they don’t have AC, so there won’t be anything additional in the setback. Chris would also like to see comps of the other lot sizes in the neighborhood. City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 2 of 7 Gage Simpson, Chair said the public hearing will stay open. The applicant should submit the comps a week prior to the next meeting on November 17th. 3. 20250785 253 Nelson Ave. Area variance for a pool and associated equipment shed in the Urban Residential – 3 (UR-3) District. Variances sought for 253 Nelson Ave.: TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. COMBINED COVERAGE 40% 43% 3% A/C CONDENSER 5 FT. 4 FT. 1 FT. (80%) Charlie Goodridge, owner is seeking variances to add a 7 x 13 ft. heated pool that will be flush with the ground and a shed for pumps, etc. Gage Simpson, Chair opened the Public Hearing at 7:02 p.m. Otis disclosed that the applicant is his former landlord. It was a business relationship and will not affect his feelings about the application. He would like to see comps of the homes with pools in the neighborhood that cause them to be over in lot coverage allowance. Google earth photos and survey data would be helpful. Amanda indicated that it is possible to query data based on improvements at Saratoga County property records. She will provide that information to the applicant. Otis noted that without the shed the applicant would be close to complying and asked if there was anywhere else that the pumps, etc. could be located. Charlie said he will consider other locations. Jonah asked if the fence shown on Google exists or will the applicant need a variance. Charlie said the fence currently exists. Brendan said some of the coverages are very close to being compliant and asked if the shed could be smaller. Charlie said it could, but he wouldn’t have enough room for the intended use – pool supplies, pump, etc. Chris asked if the applicant obtained a permit & CO for the AC units at the top left of the plan. Charlie replied yes. Gage asked if the shed could be smaller and if not, make a case of why it can’t. The applicant will return with neighborhood comps with pools. Gage Simpson, Chair said the public hearing will stay open. The applicant should submit the comps a week prior to the next meeting on November 17th. CONTINUED BUSINESS: 4. #20250776 19 Aurora Ave. Area variance for placement of compressors for HVAC for an existing single-family residence in the Suburban Residential – 1 (SR-1) District. The applicant was not present. Variances sought for 19 Aurora Ave.: City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 3 of 7 TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED ACCESSORY TO SIDE 5 FT. 3.2 FT. 1.8 FT. (36%) Gage Simpson, Chair said the Public Hearing is still open. There were no comments, and the Public Hearing was closed at 7:10 p.m. Brendan Dailey made a motion to approve an area variance for 19 Aurora Ave., Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Discussion: should be Aurora Ave. not St. Vote: G. Simpson-Y, B. Dailey-Y, J. Cohen-Y, O. Maxwell-Y, C. LaPointe-Y, S. Gaston-Y, A. Demma-Y. 7- 0, motion carried 5. #20250743 112 Fifth Ave. Area Variance for a new single-family residence in the Urban Residential – 1 (UR-1) District. Variances sought for 112 Fifth Ave.: TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAX. BUILDING COVERAGE% 28% 37.8% 9.8% MINIMUM REAR YARD SETBACK 30 FT. 19.9 FT. 10.1 FT. TOTAL SIDE YARD SETBACK 30 FT. 27.9 FT. 2.1 FT. MAXIMUM IMPERVIOUS 50% 54.5% 4.5% SURFACE COVERAGE John Witt represented the applicants, Mario and Dawn Martinez. John said they were able to reduce the footprint of the house and showed the new plan. They will no longer need a variance for impervious surface coverage because they can get under 50% (46.89%). John said comparing with the neighborhood they are substantially less with the side and rear yard setbacks and the front yard comes back off the street more than most of the houses in the neighborhood. The square footage is a little high but within the range. It helped by putting the master bedroom upstairs and adding an elevator. John showed neighborhood comps and a sketch of the proposed house. Gage thanked John for the new proposal. The comp that John showed for 132 Fifth Ave. at 49% is because in 2022 when the ZBA approved the variance it was because they were building a second story. They reduced the footprint from 50%. Gage said it’s a comp but is an outlier. John’s average comps are around 32% to 33% and he’s asking for 37%, which is high. Jonah appreciated the applicant reducing some of the variances. The driveway width is no longer a concern because he needed 25% and has two 12 ft. cuts out of 100 ft. Otis appreciates the plan being modified. Shafer noted that the city still needs to sign off on the new calculations. Patrick could disagree. Jackie noted that Patrick will need to confirm the impervious surface calculations and issue a revised denial. City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 4 of 7 Gage Simpson, Chair said the Public Hearing will remain open. 6. #20250738 2 N. Circular St. Area variance for installation of a wall and fence in the Urban Residential – 2 (UR-2) District. Variances sought for 2 N. Circular St.: TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED FENCE HEIGHT (EAST) 6 FT. 13 FT. 7 FT. FENCE HEIGHT (SOUTH) 6 FT. 8 FT. 2 FT. The applicant was not present, and the application was tabled. Board discussion. Otis recused. Susan confirmed with the applicant that the city received the new information that was submitted and that it would be provided to the board and further discussed at this meeting. Chris thought the fence was installed on top of the retaining wall/stone and learned that it is two or three inches off of the retaining wall. Was this clarified? Susan said one side is on the wall (13 ft.) and the other is off at (8 ft.) (inside). Gage said a 6 ft. fence from inside the property looks like it meets code. It happens to be built on top of a retaining wall which makes it appear to be 11 ft. from the outside. The fence on the commercial property side looks normal. The side that’s abutting a residential property the fence is on the wall and looks out of place. Chris said if there was no fence on the top of the retaining wall to the rear there would just be a cliff which presents a safety issue. If the fence were to be set in the required 5 ft., who would take care of the property between the fence and the wall. There are questions that need to be answered by the applicant. Susan will be specific about the meeting date when she speaks with the applicant so they can be present to answer the Board’s questions. Gage Simpson, Chair said the Public Hearing will remain open. 7. #20250736 52 York St. Area Variance for a proposed two-lot subdivision in the Urban Residential – 3 (UR-3) District. Nothing additional was required of the applicants. Gage Simpson, Chair said the Public Hearing is still open. There were no comments, and the Public Hearing was closed at 7:24 p.m. Gage Simpson made a motion to approve an area variance for 52 York St., Saratoga Springs, NY. The motion was seconded by Brendan Dailey. Discussion: See note. Vote: G. Simpson-Y, B. Dailey-Y, J. Cohen-Y, O. Maxwell-Y, C. LaPointe-Y, S. Gaston-Y, A. Demma-Y. 7-0 motion carried Note for the record: Susan said it should be noted that there was a negative SEQRA declaration issued by the Planning Board on October 16, 2025, and a favorable advisory opinion. The Saratoga County Planning Board decision stated that there was no significant countywide or inter-community impact. 8. #20240987 131 Middle Ave. Single Family Construction. Area Variance for a single-family residence in the Urban Residential – 2 (UR-2) District. Variances sought for 131 Middle Ave.: City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 5 of 7 TYPE OF REQUIREMENT#3 ZONE REQUIREMENT PROPOSED RELIEF REQUESTED MAXIMUM COMBINED 40% 49% 8.9% COVERAGE REAR YARD SETBACK 25 FT. 20.8 FT. 4.2 FT. (16.8%) TOTAL SIDE 12 FT. 10.2 FT. 1.8 FT. (15%) DRIVEWAY WIDTH 25% (12’) 37.5% (18’) 6 FT. Jesse Boucher, Kodiak Construction represented the applicants, Kim and Mike Southern. Susan submitted the most recent subdivision modification resolution from the Planning Board to the ZBA. The conditions were as follows: • The new sidewalk shall be installed to line up with the adjacent sidewalk. • The street tree species along Middle Ave. shall be selected in accordance with City Staff. Jesse said they were asked to do homework on four items at the last meeting: 1. Can the floor plan be altered to assist with the variances. When they went to the planning board they had a floor plan that was tighter. The PB wanted the plan altered to make it present better to the street. Those revisions added 71 sq. ft. to the footprint of the house during site plan review. Jesse discussed the covered rear porch with the applicants. If it were removed it would reduce the footprint of the house by 193 sq. ft. They would still need a 3 ft. deep landing and 2 stairs going down to grade. The homeowners would like to maintain the covered living space. 2. Provide the approval letter from the Planning Board from July. Was submitted to the Board. 3. Locate neighboring properties that are similar in size and lot coverage to the proposed project. Looked at the Saratoga County parcel viewer and pulled up first floor plan improvements (porches, rear porches, garages) for lot coverage (not including roof overhangs). Subject property has 45.6% lot coverage and three other parcels on the block equaled or exceeded that coverage: 12 Warren St.=47.4%, 10 Warren St.=82.5%, 114 Middle Ave.=65.4%. 4. Locate neighboring properties that have similar driveway width to the proposed project. Jesse measured each of the driveways on the same block as the subject property. Those circled in green (13 properties) on the map are equal to or greater than 18 ft. Chris asked if the condenser and generator had been moved from the last plan. Jesse said the homeowners asked if they could be on the east side of the house instead of the west with the same setback limitations. The neighbor on the west was opposed to the condenser and generator being placed that close to the property line, but the neighbor on the east is not opposed to that location and submitted a letter stating such. Chris said he has an issue with it because there’s plenty of space in the rear to make it work. He doesn’t have a strong opinion either way regarding the covered porch versus patio. Amanda asked for clarification about the coverage of a covered porch versus patio. Gage said the covered porch becoming a patio would reduce the rear setback by about 2 feet and the coverage by 3.6%. City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 6 of 7 Brendan said he doesn’t have a problem with driveway and appreciates the comps. Gage said when the ZBA subdivided the property they knew it was undersized and that a house could fit there. Shafer said he would like to see comps showing that the magnitude of this house is the same as all the other houses, it’s just on a smaller lot. Gage agreed with Shafer regarding the comps for house size. He would also like to see the condenser moved to the rear of the property. Brendan noted that home ownership changes and the next owner may not like it located that close to their property line. Shafer is not concerned about the auxiliaries, it’s a city and there’s noise. Susan said there’s a revised denial with the condenser and AC units on the east side – the condenser is at 2 ft. 7” and the AC unit is 2 ft. 6”. It’s actually closer to the property line than it was on the west side which was 4 ft. Jesse said the homeowner’s will be installing a privacy fence as well. Jesse spoke to the applicants, and they agreed to move the AC equipment and back-up generator to the rear of the house. Gage Simpson, Chair said the Public Hearing is still open. There were no comments, and the Public Hearing was closed at 8:00 p.m. Chris LaPointe made a motion to approve an area variance for 131 Middle Ave., Saratoga Springs, NY. The motion was seconded by Jonah Cohen. Discussion: maximum proposed coverage requesting 9%. In #2 say the applicant provided significant neighborhood context for driveway width percentages – top to bottom: 22.5, 16.8, 15, 50. Add to .3 “another thing that mitigates this concern is the undersized nature of the lot”. Vote: G. Simpson-N, B. Dailey-Y, J. Cohen-Y, O. Maxwell-Y, C. LaPointe-Y, S. Gaston-N, A. Demma-Y. 5-2 motion carried. The meeting was concluded at 8:06 p.m. Respectfully submitted, Donna Gizzi, Recording Secretary City of Saratoga Springs - Zoning Board of Appeals – October 27, 2025 Page 7 of 7