HomeMy WebLinkAbout20230307 56 Marvin Second Principal Structure ApplicationFERRADINO
- BUSINESS_& LEGAL ,.
STRATEGY
FERRADINO FIRM, PLLC
Stephanie W. rerradino, Esq. ^ stef:54arradinofirm.com
May 2, 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: 56 Marvin Street
Dear Aneisha:
Enclosed please find the following documents related to the submission of an application for area variances
for the above -mentioned property to the Zoning Board of Appeals:
1. Completed and executed application;
2. Narrative to application;
3. Photographic image of property;
4. Plans and draft elevations for new structure;
5. SEQR short form;
6. Check for application fee; and
7. 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 anything further is required. Thank you,
Very truly yours,
sek&w)
Stephanie W. Ferradino
Enc.
6,3 Putnam 5trevt, Suite 202 - Saratacga Springs, New Vorl< 12€'66
(51 B) 260-1229 www.ferradinofirm.com
"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED"
[FOR OFFICE USEI
Name _
56
Address
CITY OF SARATOGA SPRINGS
ZONING BOARD OF APPEALS
CITY HALL - 474 BROADWAY
SARATOGA SPRINGS, NEW YORK 12866-2296
TEL: 518-587-3550 X2533
www. saratoga-springs. org
APPLICATION FOR:
INTERPRETATION, USE VARIANCE,
AREA VARIANCE AND/OR VARIANCE EXTENSION
(Application #)
(Date received)
(Project Title)
Check if PH Required
Staff Review
APPLICANT(S)- OWNER(S) (if not applicant) ATTORNEY/AGENT
4RET SWEET
STEPHANIE FERRADINO/FERRADINO FIR
N STREET
SARATOGA SPRINGS. NY 12866
516-902-5659
Phone
MARGARETMSWEET@GMAIL. COM
Email
63 PUTNAM STREET, SUITE 202
SARATOGA SPRINGS, NY 12866
518-260-1229 /
STEF@FERRADINOFIRM.COM
Primary Contact Person: Applicant ElOwner Attorney/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: 0 Owner ❑ Lessee ❑ Under option to lease or purchase
PROPERTY INFOROATION
56 MARVIN STREET
1. Property Address/Location:
165 57 2 31
Tax Parcel No.: -
( for example: 165.52 — 4 — 37)
MARCH 8, 2003 UR-2
2. Date acquired by current owner: 3. Zoning District when purchased:
RESIDENCE UR-2
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
❑ Yes (when? For what? )
0 No
7. Is property located within (check all that apply)?: ❑ Historic District ❑ Architectural Review District
0 500' of a State Park, city boundary, or county/state highway?
VARIANCE TO ALLOW SECOND PRINCIPAL STRUCTURE ON LOT
8. Brief description of proposed action:
9. Is there an active written violation for this parcel? ❑ Yes Ii5 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes e 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) IR AREA VARIANCE (pp. 6-7)
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICAT1oN FORM
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
ARTICLE 8A
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements District Requirement Requested
N/A
Other:
VARIANCE FOR 2ND PRINCIPAL DWELLING
PAGE 6
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:
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.
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 O1/2021
ZONING BOARD oFAPPEALSAPPLICATIoN FORM
DISCLOSURE
PAGES
Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 809) in
this application? 0 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. I/we 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 for purposes of conducting any necessary site inspections relating to this appeal.
Date: Lf
(applicant signature)
Date:
(applicant signature)
If applicant is not the currently the owner of the property, the current owner must also sign.
Owner Signature:
Owner Signature:
Date:
Date:
Revised 01/2021
SWEET VARIANCE NARRATIVE
56 Marvin St.
The applicant is the owner of property located at 56 Marvin, where she resides with her daughter. The
property'is located in the UR-2 district and the lot size of 13,939 sf is more than double the size of the
requiredlilotin the district. The applicant is seeking area variances to allow a second principal dwelling unit
on the lot in order to construct a single level home for her mother to reside in. The proposed home will meet
all appligable bulk requirements in the district, except lot frontage requirements. A copy of the draft
elevatior+ and interior layout for the proposed second unit is attached for the board's review,
The variances sought by the Applicant and required for this project are set forth below.
RESTRICTION
REQUIRED
REQUESTED
TOTAL RELIEF
Lot width
120 ft
95 ft
25 ft
Second Principal
Dwelling Unit
1
2
1 unit
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 seeks to construct a second principal dwelling unit on her lot in order to allow her mother to
move to the unit to age in place. The applicant's mother is 77, lives alone and currently owns a two story
home in Saratoga Springs. She is finding the stairs are getting harder to manage and wants to move into a
home that allows living on one level. The applicant is a single mother who has a ten year old daughter that
her mother has helped raise. Allowing the construction will facilitate continued care for her daughter, which
will eventually transition into care for her mother as she ages in place with the support she needs across
her yard.
The applicant is unable to purchase additional land for frontage purposes because of the proximity of
structures on either side of her lot. A two -lot subdivision is a possible option, but all parties seek to have the
lot under common ownership and control. The only other option is to place her mother in a facility. For
many reasons, this is not a viable option.
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:
The variances will not produce an undesirable change in the character of the neighborhood or a detriment
to nearby properties. The lot is of sufficient size that it contains enough square footage for a two -lot
subdivision, so the density is allowable in the UR-2 zone. A two -lot subdivision could be another option,
with the granting of a variance for lot width. In walking distance, other lots contain similar two and three
residences on a single lot. The area in the vicinity of the subject parcel has varied uses, including
residential, multi -family, school, city garage, Saratoga hospital and commercial buildings.
3. Whither the variance is substantial.
reasons:
The requested variance is not substantial for the following
The variances are not substantial. The applicant seeks to add a dwelling unit into a lot that contains enough
square footage for two lots in the UR-2 district. Several other properties exist with multiple large structures
on one lot, including some dwelling units, two story garage buildings and large multiple story storage
structures - including one directly adjacent to the proposed dwelling. The granting of the request will not
have any significant impact on the adjacent properties or the area as a whole. The adjacent properties are
buffered by their own structures and the city garage is across Center Alley.
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 will be no adverse physical or environmental effects on the neighborhood. As previously stated, the
use is consistent with the requirements in the UR-2 zone, the property is located in a neighborhood with
mixed and varied uses, other similar structures exist on smaller lots within walking distance of the property.
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 alleged difficulty was not self-created. At the time of purchase almost two decades ago in 2004, the
applicant was not contemplating having her mother move to the property. At that time, the considerations of
her mother's future care needs was premature.
7'"
. _ e.. .
�11
9
A EAST ELEVATION
SCALE: 3/
B NORTH ELEVATION
A.2
$INGLEFAh1ILYRESIDENCE
SWEET RESIDENCE
2: Marvin Svmb Saralaga SV^nag NY128M
Cn<eplual Design
ELEVATIONS
SCALE: AS NOTED
DRAWING DATFS
INTERIOR DESIGN H\'.
TOP RAIL INTERIORS
XHUTGIIINS ROAD SARATGGA SPRINGS, W 12 6
MAR 20 2023
m
A.1
SINGLEFAAi1LY RFSIDEF'CE
SWEET RESIDENCE
27hI—ln SI-I,S-I.p SprMgg NY12866
Concepmel Design
FLOORPLAN
SC'ALE:AS NOTED
DRAWING DATE
INiERIirR n£SIGU BI:
TOP RAIL INTERIORS
20 HUTCHINS ROAD SARATOGA 5PRINGS,NY 12DW
MAR 20 2023
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
MARGARET SWEET, 56 MARVIN STREET VARIANCES
Name of Action or Project:
56 MARVIN STREET
Project Location (describe, and attach a location map):
56 MARVIN STREET, SARATOGA SPRINGS
Brief Description of Proposed Action:
VARIANCES TO ALLOW SECOND PRINICIPAL DWELLING ON LOT LOCATED AT 56 MARVIN STREET
Name of Applicant or Sponsor:
Telephone: 516-902-5659
MARGARET SWEET
E-Mail: MARGARETMSWEET@GMAIL.COM
Address:
56 MARVIN STREET
City/PO:
State:
Zip Code:
SARATOGA SPRINGS
NY
12020
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
may be affected in 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? .32 acres
b. Total acreage to be physically disturbed? .01 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 32 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):
❑ rarkland
Page I of 3
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO
YES
N/A
❑
❑
❑�
❑
❑
❑
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
NO
YES
❑
❑
❑�
ETaction?
❑
❑
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
❑
❑
❑
Pa(Te 2 of'
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional
❑Wetland ❑✓ Urban ❑✓ Suburban
15. 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?
NO
YES
16. Is the project site located in the 100-year flood plan?
NO
YES
7
❑
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
❑
❑
❑
❑
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 impouundment:
NO
YES
❑
❑
.1.9. 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
Rl
❑
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/naive: MARGARET SWEET, BY ATTORNEY STEPHANIE FERRADINO Date:
Signature: Title: ATTORNEY FOR APPLICANT
PRINT FORM Pao e ) oi'
EAF Mapper Summary Report
Tuesday, May 2, 2023 12:19 PM
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Dis0aimer: 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.
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Part 1 / Question 7 [Critical Environmental
Area]
Part 1 / Question 12a [National or State
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 16 [100 Year Flood Plain]
Part 1 / Question 20 [Remediation Site]
No
Yes
Yes
No
No
Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
No
Short Environmental Assessment Form - EAF Mapper Summary Report
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A.1
S
SINGLE FAMILY RESIDENCE
SWEET RESIDENCE
27 Marvin Street, Saratoga Springg NY 12866
Conceptual Design
FLOORPLAN
SCALE: AS NOTED
DRAWING DATES
INTERIOR DESIGN BY:
TOP RAIL INTERIORS
20 HUTCHINS ROAD SARATOGA SPRINGS, NY 12866
MAR 20 2023
A EAST ELEVATION
SCALE: 3/16" =1'-0"
B NOM
��ON
SCA
;nA_ A1L : )i10 = 1.-v.. FULL L-T
A•2
S
SINGLE FAMILY RESIDENCE
SWEET RESIDENCE
27 Marvin Street, Saratoga Springg NY 12866
Conceptual Design
ELEVATIONS
SCALE: AS NOTED
DRAWING DATES
INTERIOR DESIGN BY:
TOP RAIL INTERIORS
20 HUTCHINS ROAD SARATOGA SPRINGS, NY 12866
MAR 20 2023