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Home My WebLink About20230160 138 Jefferson Garage Applicationr� s� FERRADINO BUSINESS & LEGAL STRATEGY FERRADD HO F-MMo [P LC Stephanie W. Eerradino, Esc. a stef@ferradinofirm.com March 20, 2023 Saratoga Springs Zoning Board of Appeals Via Hand Delivery and Electronic Attn: Aneisha Samuels Submission City Hall — 474 Broadway Saratoga Springs, NY 12866 Re: 138 Jefferson Street Dear Aneisha: Enclosed please find the following documents related to the submission of an application for an area variance on the above -mentioned property to the Zoning Board of Appeals: 1. Completed and executed application; 2. Photo of property; 3. Narrative to application; 4. SEQR short form; 5. Check for application fee; and 6. Survey. Under separate cover, I have provided an electronic version of this application for dissemination and publication on the city's website. Please add this application to the next available Zoning Board of Appeals' meeting agenda and advise if when notifications are to be made. Thank you for your help and assistance in getting this matter before the board. Very truly yours,, Stephanie W. Ferradino Enc. 63 Putnam Street, Suite 202 Saratoga Springs, New York 12866 (518) 260-1229 www.ferradinofirm.com **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** fFOR OFFICE USEI September 2, 2022 2. Date acquired by current owner: Residential 4. Present use of property: CITY OF SARATOGA SPRINGS r fi. ZONING BOARD OF APPEALS i r CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 ✓ TEL: 518-587-3550 X2533 "�c�b„_ www.seratoga-springs.org Name Address APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICANT(S)* Joanne Merriman 138 Jefferson Street Saratoga Springs, NY 12866 (Application #) (Project Title) Check if PH Required Staff Review OWNER(S) (If notapplicano ATTORNEY/AGENT Stephanie W. Ferradino 63 Putnam Street, Suite 202 Saratoga Springs, NY 12866 Phone 518-669-1586 518-260-1229 jmerrimanpa@gmail.com stef@ferradinofirm,com Email Primary Contact Person: Applicant Owner QAttorney/Agent * An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in the premises: ❑ Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 138 Jefferson Street, Saratoga 178 I . Property Address/Location: Springs, NY 12866 Tax Parcel No.: (for example: /65.52 — 4 — 37) LIR2 36 3 28 3. Zoning District when purchased: LIR2 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ❑ Yes (when? For what? ) la No 7. Is property located within (check all that apply)?- ❑ Historic District ❑ Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? Seek an area variance to permit the garage located at 138 Jefferson Street to remain 8. Brief description of proposed action: in its current location for the reasons set forth herein. 9. Is there an active written violation for this parcel? 16 Yes m No 10. Has the work, use or occupancy to which this appeal relates already begun? 0 Yes F1 No 11. Identify the type of appeal you are requesting (check all that apply): ❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) fa AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 6 AREA VARIANCE— PLEASE ANSWER THE FOLLOWING (add additional information as necessary): UDO Section 9.5(A)(4) The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested Accessory Structure Setback 5' 2.9'12.4' Other: To grant an area variance, the ZBA must balance the benefits to the applicant and the health, safety, and welfare of the neighborhood and community, taking into consideration the following: Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. See attached narrative 2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: See attached narrative Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: See attached narrative 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: See attached narrative 5. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an area variance). Explain whether the alleged difficulty was or was not self-created: See attached narrative Revised 01/2021 ZONING BOARD OFAPPEALSAPPL/CAT1oN FORM DISCLOSURE PAGE B Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in this application? m No []Yes If `yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchaser(s)/lessee(s) under contract, of the land in question, hereby request an appearance before the Zoning Board of Appeals. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate. Uwe further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. Furthermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application f ses of conducting any necessary site inspections relating to this appeal. Date: f 3 (applicant signature) Date: (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Date: Owner Signature: Date: Revised 01/2021 MERRIMAN VARIANCE NARRATIVE 138 JEFFERSON STREE This property houses a single-family residence that was built in approximately 1930 and sits on % acre, L- shaped lot located on the corner of Jefferson and Crescent Streets (the "Property"). It was purchased by the Applicant on September 2, 2022 and is zoned UR-2. The lot has +/- 52 feet of frontage on Crescent Street, but the house is set back and fronts on Jefferson Street. Based on review of the survey, the neighboring property's improvements (Crescent Street 178.36-3-25.1) encroach on the subject parcel. Area variances are necessary for this project because the garage structure violates the accessory structure setbacks of 5 feet required in this district. In 2018-2019, the Property was the subject of a foreclosure action where the Applicant's predecessor in title, Brian Rinella, purchased the Property from the foreclosure referee. Following the purchase, Mr. Rinella made significant modifications to the home, including enclosing the carport to turn it into a garage, and placed it on the market for sale. It is of note that the owner who lost the home in foreclosure was Harriett Pierce, who also currently owns the parcel directly to the rear (178.36-3-7, aka `lot 7") and to the south side yard (178.36-3-15, aka `lot 15"). These lots are highlighted below in red. Historically, the garage had encroached on lot 7, but because it was in common ownership of the Pierce family, it was allowed to remain. The request to purchase land (part of lot 7 and part of lot 15) to cure the need for a variance has been denied by Ms. Pierce. Es1,�,A tiR 13.11 m Mal 13.12 131.90 Prior to the time that the Applicant purchased the Property, the city and Mr. Rinella provided the Applicant with a 2020 survey that showed that the rear of the subject garage/carport structure encroached approximately 2 feet on the adjacent property. She advised Mr. Rinella's attorney that this issue needed to be resolved, and the result was that the seller moved the garage to the present location in order to cure the encroachment, Clearly, he did not address the setback issue. What was a "portable" structure has now been secured by a series of anchors, 2-3 feet long, which are fitted into the ground. The garage now sits on the paved driveway. The variances sought by the Applicant and required for this project are south to cure the setback violation for the garage structure and are set forth below. RESTRICTION REQUIRED REQUESTED Setback 5 ft 2.9' (rear/east) Accessory Structure 2.4' side/south 1. Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. The Applicant is seeking to cure a violation created by her predecessor. She has sought to obtain additional land from the adjacent property owner, but the request has been rejected. She is unable to move the structure within the setbacks because the proximity of the structure to her house would prevent her from being able to maneuver her car to put it into the garage due to the close proximity to her house. 2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: This Property has had an accessory structure which encroached on the adjacent property for at least two decades. Based on historical images available online, the Property shows a second structure behind the home since at least 2001. Prior to the Applicant's purchase, the prior owner moved the garage, so it was no longer encroaching on the rear property line of the adjacent vacant lot, resulting in an improvement to the neighborhood character and a benefit to the owner of the adjacent lot. The continuation of the structure in its current position will not impact adjacent properties, which are not yet developed and is consistent with the neighborhood, which contains homes that have garages. No undesirable change will occur in the neighborhood if the variance is granted. 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The request for a variance is not substantial and seeks less than 3 feet relief from both rear and side yard setbacks. A structure has existed in this location for decades and, given that the adjacent property is not yet developed, will not have an impact on adjoining properties. The current Applicant is seeking to correct a defect that existed when she purchased the property and the prior owner's actions in moving the garage alleviated the historical encroachment that existed when the three properties were under common ownership. 4. Whether the variance will have adverse physical or environmental effects on neighborhood or district. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: There are no physical or environmental impacts associated with this request for minimal setback relief. The structure does not impact the adjacent properties, is now located wholly within the lot, and is surrounded by other residential properties that are used for various purposes, including single family homes, multifamily structures, a church, barns, etc. The request for the relief will help formalize the placement of the garage where it presently is sited. As noted previously, the prior owner improved the situation when he move the garage wholly within the lot. 5. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an area variance). Explain whether the alleged difficulty was or was not self-created: The variance was not self-created. The Applicant obtained title to the property following the structure being moved. At the time of acquisition of the property, the City had not yet served a notice of violation, despite knowing about the setback violation. This application for setback relief seeks to cure the existing violation. Aerial Photo Depicting Property E , w a bq I �N � Front View Garage structure in Back of Property Short Environmental Assessment Form Part I - Project Information Instructions for Completing Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1— Project and Sponsor Information JOANNE MERRIMAN Name of Action or Project: 138 JEFFERSON STREET VARIANCES Project Location (describe, and attach a location map): 138 JEFFERSON STREET, SARATOGA SPRINGS NY Brief Description of Proposed Action: SETBACK RELIEF FROM SIDE AND REAR YARD FOR ACCESSORY STRUCTURE Name of Applicant or Sponsor: Telephone: 518-260-1229 JOANNE MERRIMAN (BY STEPHANIE FERRADINO, ESQ) E-Mail: Address: 138 JEFFERSON STREET City/PO: State: Zip Code: SARATOGA SPRINGS NY 12866 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? ❑ If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that be in may affected the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ ❑ 3. a. Total acreage of the site of the proposed action? .25 acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑✓ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑✓ Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of') 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N!A ❑ ❑ F&/� ❑ ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑✓ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: El Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑✓ Urban ❑✓ Suburban 1 S. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? Frosted Elfin, Kamer Blue NO YES ❑ ❑✓ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES 21 ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ ❑ .I9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: STEPHANIE FERRADINO Date: MARCH 21, 2023 Signature: Title ATTORNEY PRINT FORM I Pane 3 of') EAF Mapper Summary Report Monday, March 20, 2023 12:40 PM 178.36 2 �;13 '1 178.36-348 i 178.36-3�-.a.2 178.36-2-5 4 78 36-3-18 178.36 2 119.2 _ -___ 179.29-1-30 178.362-18 f —_ 1f78.36-3-0. it g "Ii92 i-26.2 li _'{i 78.36-2-20 1 06.3-25.1 1 ! j Sat" S rings 179.29-1-5 '& 17 8.36-2 -1'l . 2' 1 I t ,13d 1'a8.38-�-7i It a� 1 9 1i1783G-315..... I ll 178,36-3-29——�1 _—I178.36-3�81I iI 11 I 1 '19-29 I 25 lit 17,8.36-3-35 ; 1,78:3 1178.36.3-14-". " �q ill��1 l(temap ItJt REN1EPJTF=FJR all Estl,lal)'11.1�k��1'f;: Ali (Imia ;H�#t�� N tits ,Esn K ol"m Es ri i-n ico la ncfi tIICr-,� tlt`e��)a l tre tL' _:nttllt7ttt0'; and tile 61S Usc-rir ,y"nitltir_"V'� Part 1 / Question 7 [Critical Environmental No Area] Part 1 / Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Part 1 / Question 15 [Threatened or Endangered Animal] Part 1 / Question 15 [Threatened or Endangered Animal - Name] Part 1 / Question 16 [100 Year Flood Plain] Part 1 / Question 20 [Remediation Site] Yes No Yes Frosted Elfin, Karner Blue Disclaimer; The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF). Not all questions asked in the EAF are answered by the EAF Mapper- Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC, you may also need to contact local or other data sources in order to obtain data not provided by the Mapper. Digital data is not a substitute for agency determinations. ��ft-Vit'.4 E1 tt3Y tY ¢,fit Tur JIitu gg r )• H)III, 4e• UROIIr; t r tletrcylt F cttwr prrr,^idemt . Ciev�t,ntt Nwe York 1 8"rIuMhi'W •sfTitk"iitxBM philld'elphla tf,4El1TP 11K an Esn iztlaan NIETi Esn China Hong Von'-(' (' Esn d. a �;lx �511 Y t 1,G� : rntttr ual- 004 01 �_ c�Ia 115 r C rntiti turfs Digital mapping data are not available or are incomplete. Refer to EAF Workbook. No Short Environmental Assessment Form - EAF Mapper Summary Report 8:32: 34 AM Plotted: 8/23/2022 11 N DEED REFERENCE: 1. CONVEYED BY DEUTSCHE BANK TRUST COMPANY AMERICAS. AS TRUSTEE FOR RESIDENTIAL ACCREDIT LOANS INC TO BRIAN MICHAEL RINELLA BY DEED DATED MAY 20, 2019 AS RECORDED IN THE SARATOGA COUNTY CLERKS OFFICE ON MAY 24. 2019 AS INSTRUMENT p2D1B014107. 2) CONVEYED BY LINDA J GALPIN TO HARRIETT PIERCE BY DEED DATED JUNE 28, 2006 AS RECORDED IN THE SARATOGA COUNTY CLERKS OFFICE ON JULY 13. 2006 IN LIBER 1762 AT PAGE 274 MAP REFERENCES: 1)MAP ENTITLED "PLAN OF LOTS AT CRESCENT PARK OWNED BY MC MEAGHER, TRUSTEE" AS PREPARED BY JS MOTT & SON. CE IN AUGUST 1904. FILED IN THE SARATOGA COUNTY CLERKS OFFICE AS MAP AA-25. 2) MAP ENTITLED "MAP OF SURVEY SHOWING PROPOSED PROPERTY LINE ADJUSTMENT BETWEEN — HARRIET PIERCE AND ALBERT T GALPIN & LINDA J GALPIN" AS PREPARED BY DONALD L PIDGEON, JR LICENSED LAND SURVEYOR ON MAY 25. 200a. COPY PROVIDED BY SURVEYOR. 7;, Stn'!c 51 1+ SITE ¢nron 5t SITE LOCATION MAP J�� o� O / 1) SURVEYED PARCEL: CITY OF SARA70GA SPRINGS - TAX MAP z 178.36, BLOCK 3, PARCEL 28. ASPHALT / 2) PLAT PREPARED BY GERALD R GRAY PLS, FROM DEED REFERENCES, MAP REFERENCES AND A MAY 2020 AND MAY 2022 FIELD SURVEY. GIRON ROD 3) NORTH IS REFERENCED TO NAD 83 NEW YORK STATE PLANES EAST (�2 ZONE. G� 2 ✓" t( J 4) SUBJECT TO ALL RIGHTS, EASEMENTS, COVENANTS OR D, G LAND_ SCAPE RESTRICTION; RECORDED OR UNRECORDED. i w1 C7 J• �� L m in -11 m U) 0 Z ASPHALT m M 0 W W Ga IV �m LANDS N/F JAMES & JANE m WARREN INSTR J2016008137 t 0 Ln (A I AREA = 10,859f SQFT i OR 0.25t ACRE = mof IRON R µ CAPPED CA IRON R00 N50'03'E 1.4' TO CORNER Co wa' . 17.3't3D,5 GAS A N CO V' 0 Iv y 2 STORY WOOD FRAME i H'" DWELLING j o- v o � ELEC LANDSCAPE FNC CAPPED S82•� r1 IRON ROD 5) SUBJECT TO ANY STATEMENT OF FACT CONTAINED IN COMMITMENT FOR TITLE INSURANCE NO. 2217-4639EC AS PREPARED BY CHICAGO TITLE INSURANCE COMPANY AND HAVING AN EFFECTIVE DATE OF JULY 20, 2022. 6) UNDERGROUND UTILITIES IF SHOWN HEREON ARE BASED ON VISIBLE PHYSICAL EVIDENCE, THEY SHOULD BE CONSIDERED SCHEMATIC ONLY AND ARE SHOWN TO DEPICT GENERAL UTILITY CONNECTIONS RATHER THAN EXACT UNDERGROUND LOCATIONS. GERALD R GRAY PLS MAKES NO CERTIFICATION AS TO THE ACCURACY OF THE UNDERGROUND UTILITY LOCATIONS AND OTHER UTILITIES MAY EXIST THAT ARE NOT SHOWN ON THIS MAP. CALL DIGSAFE FOR FURTHER VERIFICATION. 7) SURVEY IS PREPARED IN ACCORDANCE WITH THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS CODE OF PRACTICE FOR LAND SURVEYS AS ADOPTED IN OCTOBER OF 1966 AND LAST REVISED ON JULY 18, 1997. CERTIFIED TO: 1) JOANNE MERRIMAN 2) CHICAGO TITLE INSURANCE COMPANY 3) BARCLAY DAMCN LLP VINYL 50.00IRON ROD 82'30� NNri FENCE x • LGAIE ... NNri%ENC, LANDS N/F 2; t HARRIETT PIERCE 0 GONG INSTR#2019018375 ion 2OX SO 733'36 "E GARAGE 60 78' (MR2) 16.s., (62' MR1) ASPHALT 120,4v, 1 IRON PROD T 100.00' N W FNLAN SCAPE H LANDS N/F HARRIETT PIERCE INSTR#2019018377 Drawing Title Drawing Scale: UNAUTHORIZED ALrDUTIM 1 =20' oTHs su z�Tvins a °Dt.. f^` Boundary Survey Date:., , Situate at 138 Jefferson St ProoctNc. „" °, �oEaEoaEIle Saratoga Springs ' subwWrRe"°"" "°°" '" ^^°nrzs •°°• E° °u 9"� wa��^^^ «�Licef)sed Land SurY�y�ar County of Saratoga g DIe.^: Date an3 z2 °uETppRNES �f f, Drawn Number ara NrORAxo ON iNER 801 TD i [D 'R; { A Des9r,ed Dele ,� Ns. RAat '" - ''fir` Latham NY 515-312-1335 State of New York 7 Cne°k°a. -2 Gate. M3122 *o °s�RaFpes °LENT