HomeMy WebLinkAbout20200138 Gersin Shed Correspondance (4) Zi m bra a ma nda.tucker@sa ratoga-spri ngs.org
Fwd: Saratoga Springs ZBA; Matter # 20200138 Gersin Shed
From :]eanne Mathews <jeannemathewslange@gmail.com> Thu, Aug 13, 2020 10:05 AM
Subject : Fwd: Saratoga Springs ZBA; Matter # 20200138 Gersin ;��1 attachment
Shed
To :Amanda Tucker <Amanda.tucker@saratoga-springs.org>
Cc : Lori Sterl i ng <lori @sterl i ngteetor.com>
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Hi, Amanda. Per my last message, here is the note I sent to Annalee, who is the paralegal
to ]ackie Poulos White. I understand that Attorney Poulos-White is advising the ZBA re: the
Gersin Shed issue and I thought the below info could be helpful to her and to others on the
ZBA.
As one of ma ny who a re i nterested i n seei ng the shed removed, we a re perplexed by the fact
that a zoning and code enforcement official from the City of Saratoga Springs issued a notice
of violation and an order to the Gersins to remove their shed in September 2019, yet they
have still failed to comply after almost a year has passed.
Thanks very much for reviewing this note and sharing this information with others on the
ZBA. Sincerely, ]eanne Mathews, phone: 917-515-9110
Begin forwarded message:
From: Jeanne Mathews <jeannemathewslange@gmail.com>
Su bject: Sa ratoga Spri ngs ZBA; Matter # 20200138 Gersi n Shed
Date: August 11, 2020 at 4:59:19 PM EDT
To: afindley_@mmshlaw.com
Cc: Lori Sterling <lori@sterlingteetor.com>, jeanne Mathews
<jeannemathewslange@gmail.com>
Annalee: As we briefly discussed, the Gersin Shed matter is before the Zoning
Board. I participated in the August 3, 2020 ZBA meeting, along with Attorney
Poulos White. The Gersin shed issue was tabled when ]ackie advised the ZBA
members that the matter may not be properly before the ZBA and the ZBA should
discuss the issue off-line.
As I mentioned, I am an attorney who is not representing anyone in this matter,
but was merely participating as an interested neighbor. I am not a land use
expert. However, there are three documents that appear to be very relevant. I
wou Id a ppreciate you sha ri ng the fol lowi ng i nfo with Attorney Pou los Wh ite.
Thank you.
1. The attached letter dated September 16, 2019 from the Code and Zoning
Enforcement Official of the City of Saratoga Springs, notifying ]ames Gersin that
his shed is in violation of Saratoga Springs City Code and needs to be removed.
2. My understanding from reading Section 9.2.1.3, Appeal to the ZBA (of the City
of Saratoga Springs Zoning Ordinance) suggests that appeals may be made to the
ZBA from a determination made by a zoning officer and the ZBA has the authority
to determ i ne the outcome of the a ppeal. If my u ndersta nd i ng is i ncorrect,_please
advise as to whom this continuing violation issue should be addressed.
3. Ron Phillips, the complainant in this matter, has submitted all the relevant
portions of the Site Plan for Interlaken-C, where the Gersin property and shed are
located. These documents are now part of the ZBA's Gersin file. I understand
that Mr. Phillips has a copy of the entire Site Plan, if needed. A quick review of the
Site Plan shows that the Gersin Shed is in an area referred to as the ��no cut
buffer" . Under Section 14. D) of the Site Plan, storage sheds are expressly
prohibited from being in the ��no cut buffer" area.
If the Gersi n violation issue is not properly before the ZBA, we wou Id g reatly
appreciate knowing which official in the City of Saratoga Springs is responsible for
enforcing the September 2019 Notice of Violation and Order to Remedy.
Thanks very much for your assistance. I am available on 917-515-9110, if there
are any questions. Sincerely, Jeanne M. Mathews
Notice of Violation to �ames Gersin.pdf
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