HomeMy WebLinkAbout20240406 103 Wright Longshots-Trackside Grill Use Variance ApplicationHERKENHAM
LAW, PLLC
May 28, 2024
City of Saratoga Springs
Zoning Board of Appeals
c/o Ms. Aneisha Samuels
City Hall- 474 Broadway
Saratoga Springs, New York 12866
Re: Saratoga Longshots, LLC
d/b/a The Trackside Grill
103 Wright Street
Dear Ms. Samuels:
Please find enclosed herewith our application for use variance modification and area variance/fence height relief.
As we have discussed, our position is that music is part and parcel of our existing 1946 use variance. However, in
an effort to maintain harmony with our neighbors and governing body, we have agreed to submit these
applications.
It was brought to my attention that someone at NYRA was concerned that music could provide a dangerous
situation for the horses. Please note that neither I nor my partners would willingly create a dangerous
environment for the horses. I am a horse owner. Additionally, this NYRA employee has since retired from their
position. Each season, I introduce myself to whoever is responsible for the horses in the barn. I provide carrots to
the barn from our food service provider. I spend a fair amount of time in the barn with the horses. To a person,
no horseman or woman with a horse in that barn has communicated any issue caused by music. In fact, they say
the horses enjoy it.
Over the past year, the current Administration of NYRA has told me they would not oppose music, should I erect a
sound barrier as a means to mitigate any potential issues. I have agreed to do so, purchased the necessary sound
barriers and fencing and have applied for the area variance ein.
Thank you for your attention to this matter. Please t t me with any questions you may have.
rs,
mas L. Herkenham
18 Division Street, Suite 306
Saratoga Springs, NY 12866
Cell: 518-275-7040
Direct: 518-602-5430
tom herkenhamlaw.com
"HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED*"
[FOR OFFICE USE]
`'
CITY OF SARATOGA SPRINGS
BOARD OF APPEALS
CITY HALL - 474 BROADWAY
JSZONING
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 #)
(Project Title)
Check if PH Required
Staff Review
APPLICANT(S) * OWNER(S) flf nor aeplicanr) ATToRN_EYJAGENT
Saratoga Logshots d/b/a The Trackside
Name Grill Thomas L Herkenham
18 Division Street, Suite 306 18 Division Street, Suite 306
Address Saratoga Springs, New York 12866 Saratoga Springs, New York 12866
Phone 518.275.7040 / 518.275.7040 /
thetracksidegrill@gmail.com tom@herkenhamlaw.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
103 Wright Street
1. Property Address/Location:
179 21 3 4
Tax Parcel No.: - (for example: 165.52 — 4 — 37)
12/23/2016 U R 1
2. Date acquired by current owner: 3. Zoning District when purchased:
restaurant / snack bar UR1
4. Present use of property: 5. Current Zoning District:
6. Has a previous ZBA application/appeal been filed for this property?
10 Yes (when? For what? )
® 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?
8. Brief description of proposed action:
9. Is there an active written violation for this parcel? ❑ Yes 91 No
10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes V No
11. Identify the type of appeal you are requesting (check all that apply):
❑ INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) la USE VARIANCE (pp. 3-6) [2 AREA VARIANCE (pp. 6-7)
Revised 01 /2021
Zoning Board of Appeals Application
Page One
8. to provide music live and prerecorded to our clientele provide music to restaurant clientele.
Page Three
A use variance is requested to permit the following: to provide music live and prerecorded to our
clientele.
ZONING BOARD OFAPPEALS APPLICATION FORM PAGE 2
INTERPRETATION —PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation:
Section(s)
2. How do you request that this section be interpreted?
3. If interpretation is denied, do you wish to request alternative zoning relief? E]Yes ❑No
4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance ❑ Area Variance
EXTENSION OF A VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
. Date original variance was granted: 2. Type of variance granted? ❑ Use ❑ Area
3. Date original variance expired:
5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient?
When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original
variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the
neighborhood, or within the circumstances upon which the original variance was granted:
Revised 01/2021
ZONING BOARD OFAPPEALS APPLICATION FORM
USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
A use variance is requested to permit the following:
PAGE 3
For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary
hardshlp in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following
"tests".
1. That the applicant cannot realize a reasonable financial return on initial investment for any currently vermitted use on the property.
"Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following
reasons:
Our establishment is in a neighborhood with other like establishments, which offer both live and prerecorded music. We cannot
effertively cnmpete n a
A. Submit the following financial evidence relating to this property (attach additional evidence as needed):
I) Date of purchase: 12/23/2016 Purchase amount: $ 470,000 00 _
2) Indicate dates and costs of any improvements made to property after purchase:
Date Improvement Cost
2017 property upgrades $20,000.00
2024 sound barrier between a neighboring property $12,000 00
2024
seating upgrades
3) Annual maintenance expenses: $ 11, 000.00
4) Annual taxes: $ 3,729.00
$8,000.00
5) Annual income generated from property: $ 28,000.00
204,800 47.5 500,000.0
6) City assessed value: $_ Equalization rate: Estimated Market Value: $n
7) Appraised Value: $
Appraisal Assumptions:
Revised 01/2021
Appraiser:
Zoning Board of Appeals Application
Page One
8. to provide music live and prerecorded to our clientele provide music to restaurant clientele.
Page Three
A use variance is requested to permit the following: to provide music live and prerecorded to our
clientele.
ZONING BOARD OFAPPEALSAPPLICATION FORM PAGE 4
B. Has property been listed for sale with E3Yes If "yes", for how long?
the Multiple Listing Service (MLS)? IoNo
1) Original listing date(s): Original listing price: $
If listing price was reduced, describe when and to what extent:
2) Has the property been advertised in the newspapers or other publications? ❑Yes ONo
If yes, describe frequency and name of publications:
3) Has the property had a "For Sale" sign posted on it? ❑Yes ❑� No
If yes, list dates when sign was posted:
4) How many times has the property been shown and with what results?
2. That the financial -hardshlp relating to this property is unique and does not apply to a substantial portion of the neighborhood.
Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This
previously identified financial hardship is unique for the following reasons:
Our premises is the only food service establishment being told we cannot provide live or prerecorded music. This creates an
I1Rrse_barns, corrimercjal
race track and commercial offices. It doesn't apply to a substantial portion of the neighborhood because there are only 4 food and
beverage establishments. Two provide music in a much more grand scale than we do.
Revised 01 /2021
ZONING BOARD OFAPPEALS APPLICATION FORM
That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a
neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the
character of the neighborhood for the following reasons:
The variance if granted, will not alter the essential character of the neighborhood because the character of the neighborhood is
made up of propeilies existing in support of the race track. There are two other food and beverage establishments offering music.
The majority of the instant neighborhood is parking lots.
4. That the alleged hardship has not been self-created. An applicant (whether the property owner or one acting on behalf of the property
owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property
knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created
for the following reasons:
The alleged hardship has not been self created, because enforcement has been the result of a NYRA letter of concern. The
author of this letter has since retired. Current NYRA Administration supports our efforts to be neighbors with music provided I take
steps to mitigate any potential Issues. I have purchased $12,000 worth of sound barrier equipment to do so.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM
AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
9.5.J.2.ii
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements Dstrict Requirement Requested
fifty feet of 8 foot high fence < 8 foot 8 foot
Other':
Please note, we wish to erect an eight foot fence to hang a sound dampening barrier between our property and a NYRA barn
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:
I . 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 sound barrier was the collaborative conclusion reached between ourselves, members of city government and NYRA.
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 fence will only hold the sound barrier for approximately 8 weeks a year. The fence is located within our fenced in back yard,
Revised 01 /2021
ZONING BOARD OFAPPEALSAPPLICATION FORM
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
The requested variance is not substantial as it will be almost invisible other than to those in our backyard.
PAGE 7
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:
The requested variance will not have an adverse physical or environmental effect as it will only be a 50' run of galvanized steel
fence. There is no adverse impact anticipated whatsoever by its presence
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 difficulty was not self created. Again, the erection of the sound barrier was a collaborative effort amongst ourselves, city
government and NYRA.
Revised 01/2021
ZONING BOARD OFAPPEALSAPPLICATION FORM
DISCLOSLIRF
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? ❑ No m Yes If "yes", a statement disclosing the name, residence and nature and extent of this interest must be filed
with this application.
APPLICANT CERTIFICATION
/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 authx �tr
embers of the Zoning Board of Appeals and designated City staff to enter the property
associated with this applic t ri for es of conducting any necessary site inspections relating to this appeal.
f Dater I
,•' (ap.pfiicant 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:
Revised 01/2021
Date.
Date:
JoAnne Kiernan, Deputy Mayor
49 Tyler Drive
Saratoga Springs, New York 12866
Joanne is the spouse of a minority shareholder
+
t
f
'said. iipgeal can ' :' tie:,granted .Withotit'deLriment `to` the health; safety; oral§; carinenierice or general '
we] fare Of wel Community; and;ttiat the'use applied •fa r 35 .' a reasonable. one far..tl5e premises'. in.
vol6ed •, tha.ipsyod:t ffultes result in Barr' Out ihe'strict
Ititter-nf- the'ardinanae; and that by gratiiing Said Atip'eal'tI1e spirit of 'tbe ordinance Wiil''". '" he'observed
-
.'puhlic'safety secured and :spVita ntial'jirstice florae.
..
NOW, T14RREFOR la, 1'tiL+'S4I,VEp, thxt.: ...............
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•�?9Sx3d�0 P6l�I�I.Gxt3I
is hereby; authorized ta.•.,'.Q
;.... ..... >� t'At o .:a:..�A13taura4,t ::......... .. ...
on the premises No:::.::
'n the City of Sara,
'06t..:...............:;;:.;.................1 toga Springs,
ldew Yerk, being Lat'...............:.: , Section:7.:'.......:.,..:...]-:, on the Assessment Map'oi
the:City. of Saratoga Srirings,
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$[� app,�'EE�hj�$ "-". Wfr�Pffif ••(p+ 3f�i . fv.�,+ /� y,,,s '+ �Ilsj�j�,��p]� "
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BOARD OF:APPEALS OF THE
CIT3' or,$AH,ATOGA:SP2ZhhINCS ,
I HEREBY'certify the'ativve`io he a fail, true, and correct P_opy. of a resalutinn'd'uly adopted 6y the
Board of Appeals nf,the City of,.Sarataga. Springs
0n "the date above mentioned, .....
rnernbers'gf the' Baarci }being present and concurring,'•
• ... _ . ... -- _ ..............•.......... �...........
MEETING OF THE BOARD OF APPEALS Az/
June 12, 1946
,. g P . M..
..Present; Chairman`Carusone, Vice -Chairman Kornfeld, George Pierce and
Harry Settle.
Absent; William Collins and Leo Boyle.
Mr. Pierce moved that the reading of the minutes of the last
meeting be dispensed with. Seconded by Mr. Kornfeld. Ayes all.
Chairman Carusone announced that since there were only four
members of the Board present, the decisions would require the unanimous
consent of all four members. The appellants stated that they were
willing to proceed under those circumstances.
The application of Dominic Mancini for permission to use the
premises at 103 Wright St. as a restaurant, the denial of the building
inspector, the appeal to the Board, proof of publication 'and petition
signed by 33 residents of the neighborhood were received and placed on
file. Mr. James'J. McNaughton, Attorney, appeared for Mr. Mancini.
Mr. McNaughton stated that Mr. Mancini has lived at 103 Wright St. for
approximately 10 years, during which time he has operated a store which
has been convenient for the neighborhood. Mr. McNaughton explained that
Mr. Mancini would now like permission to use his1premises as a restaurant
and pointed out that the residents in the neighborhood had signed a
petition consenting to the use of the premises as a restaurant. No one
appeared in opposition.
The application of Bernard J. Collins for permission to use
the premises at 44 Jefferson St. to erect and operate a grocery store,
the denial of the building inspector, the appeal to the Board, proof of
Publication, and sketch were received and filed. Mr. Collins stated
that he was seeking to erect a modern, one-story grocery on his
property at 44 Jefferson. Mr. Collins stated that he had the oral
consent of the neighbors to erect the structure and further pointed out
that the grocery would face a vast expanse of empty lots on Jefferson
Street. He also stated that until recently there had been a neighbor-
hood grocery about a block up the street but that it had been abandoned
and he did not feel that his building would harm the general character
of the neighborhood,but would be a convenience to the residents in the
vicinity. Mr. Collins further stated that he had ample space in his
driveway for deliveries end therefore there would be no obstruction
either in the street or on the sidewalk. There was no opposition.
The application of Loretta S. Heaslip to use the rear of
the premises at 197 Circular St. for a general store, the denial of the
application, the appeal to the Board, proof of publication and sketch
were received and filed. Due to a discrepancy in the application of
Mrs. Heaslip, the papers were amended to change the description of the
premises from the rear of 197 Circular St. to the first lot on the north
side of an alley located between 197-199 Circular St. Mrs. Heaslip•
stated that she was applying for permission to convert a. barn located
on the premises into a general grocery store which faces on the alley.
Mrs. Heaslip stated that there would be no signs on Circular St. for
advertising purposes and that there had been grocery stores in the
neighborhood at various times. No one appeared in opposition.
After an executive session the Board unanimously granted
the applications of Dominic Mancini, Bernard J. Collins and Loretta S.
Heaslip to make the alterations as requested.
Mr. Kornf eld moved that the meeting be adjourned. Seconded
by Mr. Settle. Ayes all.
Secretary
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
Saratoga Longshots, LLC
Name of Action or Project:
The Trackside Grill
Project Location (describe, and attach a location map):
103 Wright Street, Saratoga Springs, New York 12866
Brief Description of Proposed Action:
provide music for restaurant clientele
Name of Applicant or Sponsor:
Telephone: 5182757040
Thomas L. Herkenham
E-Mail: tom@herkenhamlawny.com
Address:
18 Division Street, Suite 306
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
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) naive and permit or approval: City of Saratoga Spriongs Zoning
❑
❑
3. a. Total acreage of the site of the proposed action? .10 acres
b. Total acreage to be physically disturbed? 0 acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? 10 acres
4. Check all land uses that occur on, are adjoining or near the proposed action:
❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 0 Residential (suburban)
❑ Forest ❑ Agriculture ❑ Aquatic 0 Other(Specify): restaurant
❑ Parkland
Page 1 of 3 SEAF 2019
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
Z
❑
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
1�fl
❑
❑
❑
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;
❑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
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 put -pose and size of the impoundment;
NO
YES
❑
❑
.19. 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 rernediation (ongoing or
completed) for hazardous waste?
If Yes, describe:
NO
YES
i
❑
❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name; Thomas L. Herkenham Date; 5/8/2024
Signature: _ "Title; Managing Member
IZI
PRINT FORM Page 3 of 3
August 8, 2023
Dillon Moran
Commissioner of Accounts
City Hall
474 Broadway
Saratoga Springs, New York 12866
Re: Cottage Barn and Trackside Grill
Dear Mr. Moran:
I am writing in support of the Trackside Grill's desire to offer live music at their establishment. The principal of the
Trackside Grill visited our barn the season started to see if I would have an objection to live music. I did not. We are
four weeks into the season and the music that has been played, either prerecorded or live has presented no negative
issues for our horses. The Trackside Grill has assured me they would immediately discontinue noise issue that
creates a less than ideal environment for the horses.
I am comfortable with the live music that has been played. Thank you for your attention to this matter.
Very truly y74
Archibald J. Kingsley 4 >