HomeMy WebLinkAbout20211120 69 Caroline Use Variance Correspondence wSupp Narrative & 2018 Renovation Costs .�
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January 24, 2022
Saratoga Springs Zoning Board of Appeals Via Email Submission
City Hall
474 Broadway
Saratoga Springs, New York 12866
Re: 69 Caroline Street
Dear ZBA Members and Staff:
Enclosed please find for your consideration the following documents related to the additional information
requested by the Zoning Board at the meeting on January 10, 2022 related to the Saratoga Joinery
application for a use variance at the above address.
1. Supplemental Narrative, and
2. Letter from Children's Museum regarding costs associated with and work done for 2018
renovation of site.
Please advise if anything further is necessary or required. Thank you for your time and attention to this
submission.
Very truly yours, �
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Stephanie W. Ferradino
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(5"18) 260-1229 • www.ferradinofirrn.com
69 CAROLINE STREET
ZBA USE VARIANCE
SUPPLEMENTAL NARRATIVE—JANUARY 20,2022
John Haller's application is to utilize the property at 69 Caroline Street to convert it into an educational and
community workshop center to be named the Saratoga Joinery (the Joinery ). The Joinery will be formed
as a non- rofit. At the meeting of the ZBA on January 10, 2022, the ZBA sought specific information
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relating to the pending application. The narrative will provide information relating to the Board's inquiries.
Children's Museum Use and Costs
Attached to the submission materials is a letter from the Children's Museum Executive Director, Sarah
Smith. This provides a breakdown for the work done for the project, together with the costs of same, The
Museum has made the actual plans for the renovation available if the ZBA seeks to review them. However,
based on the request for the cost for renovations as relates to the use variance standards, the applicant did
not think the information would be necessary.
Similar Organizations' Educational Uses and Grant Funding
The Board sought information relating to other similar space's educational use and funding sources. Based
on the applicant's experience, discussion with similar organizations and research, community workshops
and educational centers create partnerships because the workshop and classroom space is a valuable
resource that can be used by other organizations. For example, when the Mid-Hudson chapter of the
Northepst Woodworkers Association ("NWA") sought a place to hold classes, they entered into an
agreement with the Maritime Museum in Kengston who owns and operates a boat building
schoollworkshop. The NWA provides the teachers and has a variety of classes on various aspects of
woodworking, while the Maritime Museum provides the space for this to occur. In Seattle, IsGood
Woodworks was established as a community workshop 14 years ago and has educated thousands of
students and independent shop workers, provided classes on specific projects or techniques and education
on safety to facilitate the work done by those who use the space.
Possible public funding sources for grant money for the Saratoga Joinery could be found through New York
State°s allocated funds for workforce development initiatives. In 2019, NYS allocated $175 million to
applicants through their Consolidated Funding Application. Projects were funded in 2020 to 2022 and
included the following:
. Apprenticeship programs in areas deemed high needs fields by the local Regional Economic
Development Councils.
• SUNY Workforce Development Training Grantse Programs sponsored by a SUNY school working
in conjunction with an employer
. NYS Department of Labor's Workforce Development Initiate Program: to fund occupational skills
training.
In addition to public sources, some private foundations or organizations fund projects based on (1) the
class they serve, such as veterans or high school students; (2) specific fields, including the arts or
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woodworking, and (3) impact they provide, such as job creation, economic development andlor workforce
development. Some examples of these types of f:�nding sources include:
. The Windgate Foundation awarded a$100k grant to support the Fine Woodworking program at the
Bucks County Community College.
• The American Institute for Conservation and Foundation for Advancement in Conservation have
Workshop Development Grant Funds available for the purpose of developing continuing education
workshops for conservation professionals and other interested individuals.
. There are many organizations that provide scholarships for training/vocation /trades, such as:
� Association of Women Contractors
� Construction Trades Scholarship Competition
fl Davis Memorial Scholarship
o Scholarships for Woodworking Manufacturers Students
Building Space Dedicated to Educational Use
The Board sought information relating what amount of the space will be detlicated for educational
purposes. There will be no dedicated space that is only used for one purpose, The space is designed to
provide the maximum flexibility and the educational component is dependent upon the type of class being
taught. While some classes will be taught in lecture format and simply need a classroom space, other
classes may be more hands on and involve the tools or benches for specific projects. All three distinct
large areas of the Joinery will be designed for flexible educational uses:
• Traditional Classroom: a'traditional' class room space with tables and chairs and a front
presentation area for a teacher will be used for lectures and demonstrat�ons. This space is located
on the second floor on the west side of the building.
. WorkshoplBench Area: For many projects, people need benches to do their work during the
active classes teaching techniques or specific projects, whether it is designing, fixing, building or
assembling something. This space is located on the second floor in the main open area.
• Shop: The `shop' where the tools are located will be available for both demonstrations and student
work. This space is located on the first floor in the main open area space.
Similar to nearby Tech Valley Center of Gravity makerspace in Troy which was established in 2013,
resources and partners needed for running educational programs will be developed and evolve over time
based on the community neetls and interests of inembers. The Joinery will recruit individuals with specific
experience to teach courses on a wide range of topics. Based on community interest, the Joinery will build
out programs. In addition, some programs will evolve based on partnerships or sponsors. It is anticipated
that the flexible nature of the space will allow for the programs to evolve and changed based on the needs
of inembers and community. For example, the space may be utilized for specific times by the high school
drama program as the students, faculty and volunteers build a set for their production. Saratoga Plan may
reach out to use the space to create signage, boardwalks and informational kiosks for their trails. Other
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non-profits may run classes and programs to support their work, such as the Saratoga Art Center
memberships learning to make frames for paintings.
The Joinery Operations
The Saratoga Joinery will be composed of various types of users and will have multiple and evolving
audiences based on the partnerships and interests of the community. At this point, it is anticipated that the
types of users for the Joinery will fall into the below categories:
. Membership which wiii allow community members access to use the workshop on a daily, weekly
or monthly basis.
. Participants in classes that will take place at the Joinery. Classes may be of various types:
� Single day or evening, covering a specific topic, such as sharpening chisels/planes.
� Multi-day, project-based classese
� Accredited curriculum classes.
� Classes hosted by other groups that seek to utilize the workshop, classrooms and other
available flexible spaces
. Project-based usage where community members may need access to the Joinery space for a
specific project, such as building trail signs for a nature preserve.
. Day usage for specific equipment needs will make up some component of the usage, as the
Joinery will have some equipment that community members want to use for a specific task. The
Joinery will have quality equipment that most casual artisans may not have access to, and it can be
made available as needed.
When the shop is in operation, it would probably at most have a dozen people at a time. There will not be
sufficient bench space or equipment to support additional users. Classes will also be relatively small for the
same reasons, unless they are being held in lecture format and it is anticipated that those classes would
not have more than 20 students.
Based on current planning, the Joinery's initial hours of operation during the week are anticipated to be
1:OOpm to 9:OOpm, but during weekends, the space may open during the morning based on community
need. We think many of our members will access the shop on their personal time, so we want to have it
open in the evenings and weekends. The hours will be adjusted based on the needs of the membership,
but the Joinery will be mindful of any possible impacts on neighboring properties when making any
changes.
The board inquired about sound at the site and referenced the annoyance we have all had when a neighbor
is doing a project or has renovations occurring on their home. The primary difference in the experiences
referenced at the meeting and the Joinery's project is that all the sound will occur in an enclosed space.As
was evident in the sound information submitted with the initial application, the building is brick and has very
good natural sound insulation. The project will be fully compliant with the city's Noise ordinance found in
the City Code.
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The applicant conducted sound tests running a high frequency, very loud machine(92 decibels). During the
tests, the applicant determined that the sound was not entirely contained. Two places where the sound was
leaking�ut occurred in the emergency door on the north side of the building (not facing residential users)
and the second window from the right on the front of the structure. The applicant will address those issues
with a better insulated door and will ensure that the window is properly closed and sealed. The applicant
purposely selected the test machine to be louder than what they will be purchasing for the Joinery. The test
equipment was the planer, which tends to be the noisiest tool. The Joinery will purchase a helical head
planer that is significantly quieter than the traditional knife planers- 10db less on average,which means it
is half as loud.
The Joinery will not have any special delivery needs as it is not a manufacturing site. The organization will
have normal business mail and periodic deliveries. Delivery trucks will be able to pull into the parking area
off Caroline Street or access the adjacent alley to provide deliveries to the upper portion of the building.
Any material deliveries will be requested to occur on site so that they do not impact Caroline Street.
Relaxed Standards Articulated in Children's Museum Prior Use Variances
In the original application and January 10, 2022 presentation, the prior variances for this property were
highlighted, together with specific quoted language from the variance decisions pertaining to the relaxed
standards that are afforded to educational and non-profit organizations, The language included the
following provisions:
"... the property could not be converted to a permitted residential use in an economically feasible
manner. Further the use of the premises as a children's museum incorporated by an organization
organized as a tax qualified 501(c)3 entity, means that the otherwise stringent financial test
required for a use vanance may be relaxed(see Andersen 23.67)."ZBA use variance, January 1,
2000.
The original minutes of the 2000 variance contain statement made by city attorney Izzo where he
"reminded Board members that if there is a public interest componenf the standards can be
somewhat relaxed."Minutes, ZBA January 18, 2000.
"The preferred treatment extended to educational uses.., also requires that the issue of self
created hardship does not preclude the granting of a variance to any educational use. The board
finds that the standard of self created hardship is inapplicable to this situation."2009 Variance
The value of the language in the prior decisions cited above is that(a) educational and non profit uses are
afforded a presumption of being beneficial and get preferential treatment if they do not detract from the
public's health, safety and welfare and (b) New York law has evolved to require that zoning boards and
other administrative agencies adhere to their own prior precedent or indicate reasons for reaching a
68 NY2d 583(1986) Matter of
different result on essentially the same facts. Cornell University v. Bagnardi, �
Tall Trees Construction Corporation v. Zoning Board of Appeals of Huntington, 97 NY2d 86. The failure to
do so is a finding that the decision is arbitrary and capricious, the death knell in an Article 78.This
requirement is heightened when the prior decision pertains to the same property.
The Children's Museum is not what one commonly thinks of as a traditional educational institution that has
its operations supervised by the Department of Education. Instead, it is a museum which was chartered by
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the Board of Regents and Department of Education who are tasked with charters and certificates for
museums. Despite this, the Saratoga Springs ZBA found that they were entitled to preferential treatment on
two separate use variance applications. The use of the term "educational" has evolved through case law to
include many things which are not traditional classroom education. For example, in the Union College v.
Schenectady case, the educational use was not traditional regulated classroom use, but instead faculty
offices, administrative offices and homes for visiting dignitaries. Union College v. Schenectady, 91 NY2d
161 (1997). In the 2009 Children's Museum use variance, the use applied for was for rental space for
organizations who educated or supported educational institutions. In essence, it was a business office. The
educational language cited above for the 2009 variance relates not to classroom space, but to a business
office. Music studios have also been "described as an educational use. Salkin, NY Zoning Law and
Practice 22:14 citin People v. Kelly, 255 NY 396. It is also of note that the Saratoga Springs Zoning Code
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does not define "educational", but has the below definition of schooi, which appears to be the definition
referenced during the meeting.
SCHOOL: A facility offering instruction under the supervision of the State of New York or a lawfully
constituted ecclesiastical governing body meeting NYS requirements.
If the ordinance does not define a particular term, courts will afford the term it's plain or ordinary meaning
and any ambiguity must be resolved in favor of the property owner. Sports Corporation v. City of Albany,
116 AD3d 1135 and Matter of Subdivisions, Inc. v. Town of Sullivan, 92 A.D.3d at 1185.
The Joinery's educational use is arguably more similar to traditional educational institutions than the
Children°s Museum's use. The Children's Museum teaches children through experiential use of the exhibits,
toys and programs. Kids have hands on ability to work with the exhibits and to learn through play. This is
not a traditional educational environment, but it does provide an active learning experience to the children it
serves. The Joinery will have more traditional styles of learning—involving both hands on and classroom
format. While the Joinery operations are not regulated by New York State, there will be classes, such as
those noted within this submission, where accreditation or certification may be obtained. In those instances,
the educational component satisfies the more traditional, conservative definition of education.
It should be noted that the applicant asserts that it meets all of the use variance criteria without the need for
preferential treatment. However, the above arguments are made in the event the ZBA disagrees. The
above information is necessary to be made at this time in order to preserve all the applicant's rights and
arguments pertaining to this use variance application.
Preservation Trades 1 Historic Albany
Locally, the Advisory Council on Historic Preservation is an advocacy group that is focusing on the issue of
the severe shortage of skilled craftsmen needed for projects related to historic preservation. They are
advocating for federal grants and tax credits in various forms to get people educated and skilled to do the
work and to have preservation projects funded. Some examples are:
. The Great American Outdoors Act signed into law in 2020 to provide up to $9.5 billion in funding for
deferred maintenance within the National Park Service and other fetleral facilities. Historic
buildings make up about 46% of the Park Service's deferred maintenance backlog.
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. The federal Historic Tax Credit for rehabilitation of income-producing historic properties often
requires work by craftspeople trained in the traditional trades.
The advocacy is in the following areas:
. Training in the traditional trades. This is a specific opportunity for the Joinery. They are
encouraging states to use workforce development programs to fund educational programs to train
individuals in the trades. In addition, the advocates are working to have training meet HUD
standards for financial assistance.
. Importance of open-source training curriculum. The focus of this is to facilitate the standardization
of skills and make it easier for credentialing.
. Apprenticeship programs. The work here is with the Department of Labor to create a framework for
the programs.
• Importance of industry-recognized credentialing. Here, the educational aspect noted above would
be part of the Joinery.
• Advocate to have trades training be eligible for funding under the Great American Outdoors Act.
There are similar state level programs as well. The State Historic Preservation Office ("SHPO") is
advocating many of the same things in New York. SHPO now has a trades certification program. An
example of an upcoming class SHPO is running with the Historic Albany Foundation this spring is a training
program for historic wood wintlow rehabilitation. The course covers repair of historic sashes, glazing,
frames and weights, fenestration systems used in 19th century buildings, and weatherization. These are
important skills to make it feasible for homeowners to decide to keep/rehabilitate their old windows vs.
replacing them. It is 40 classroom hours and the students receive 4 CEUs. The Joinery would be a place
that could be utilized for these types of classes and/or for students to work with Joinery staff°s guidance on
the projects outside the classes. New York State also has an Apprenticeship program, with Skilled
Construction Craft Laborer as a qualified trade. The apprenticeship program taps into Workforce
Development funds to fund a portion of the apprentice's salary.
As you �an see from the above, there are ample opportunities for the Joinery to take advantage of grant
funding to support the organization. ►n addition, much of the grant funding relates to education and training
of individuals for trades and skills which would be beneficial in Saratoga Springs preservations efforts. The
educational component comes full circle with the relaxed standards test articulated above and the prior
precedents.
The applicant remains available to provide additional information as needed from the Zoning Board and will
be present at the upcoming meeting to answer any questions regarding any of tf�e above.
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Stepha�ie W. Ferradino, Esq,
Ferradino Firm, PLLC
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Saratc�ga S�rings, �!Y 12$65
Dear Ms. F�rradinc�,
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