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HomeMy WebLinkAbout20180188 Dawson Residence Resolution Bill Moore Chair CITY OF SARATOGA SPRINGS Keith B. Kaplan ct` ZONING BOARD OF APPEALS Vice Chair te) Adam McNeill Secretary CITY HALL-474 BROADWAY James Helicke 111 SARATOGA SPRINGS,NEW YORK 12866 Susan Steer PH)518-587-3550 FX)518-580-9480 Cheryl Grey CENT[Nliiitit VWVW.SARATOGA-SPRINGS.ORG Brad Gallagher Oksana Ludd,alternate Rebecca Kern,alternate 43028 IN THE MATTER OF THE APPEAL OF RECEIVED Anthony Dawson/ Moto Holdings, Inc. APR 2 6 2018 SARATOGA SPRINGS, NY 12866 ACCOUNTS DEPARMIENT From the determination of the Building Inspector involving the premises at 77 South Franklin Street in the City of Saratoga Springs.NY,being tax parcel number 165.66-2-66 on the Assessment Map of said City. The Applicant having applied for an area variance to permit demolition of an existing scrap yard and construction of a new single-family residence and seeking relief as described below in the Urban Residential— 3 District and public notice having been duly given of a hearing on said application March 19 and April 9 and 23, 2018. In consideration of the balance between the benefit to the Applicants with detriment to the health, safety and welfare of the community, I move that the following variance for the following amount of relief: Type of Requirement District Dimensional Proposed Relief Requested Requirement Min. lot size: 6,600 sq. ft. 3,600 sq. ft. 3,000 sq. ft. (45%) Min. rear yard 25 ft. 5 ft. 20 ft. (80%) setback: Min. front yard 10 ft. 0 ft. 10 ft. (100%) setback: Max. principal building coverage: 30% 50% 20% (67%) As per the submitted plans as revised (revision date March 27, 2018) or lesser dimensions, BE APPROVED for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The existing lot is lawful preexisting nonconforming to the lot requirements in the district. As the application states, "When seeking designs for each single lot it was not feasible under current zoning requirements to construct any building". The applicant revised the plans attaching the garage to the house per request of the Board; this change eliminated 3 areas of relief previously requested. 2. The applicants have demonstrated that granting this variance will not produce an undesirable change in neighborhood character or detriment to the nearby properties. As the application indicates, the existing use of the property as a scrapyard predates the City's Zoning Ordinance and is no longer in keeping with the current character of the neighborhood, which is primarily residential. The removal and demolition of this portion of the scrapyard (nonconforming use) and replacement with a single-family residence (permitted use) would result in a positive change to the neighborhood. The applicant has provided an analysis of existing lot sizes and principal building coverages in the neighborhood and has demonstrated that the existing lot size and principal building coverage proposed for the new residence is not inconsistent with the surrounding neighborhood. Finally, the Board notes that the property is located within a Historic District and Historic Review by the Design Review Commission is required. 3. The request for relief to permit a single-family residence on the existing lot is considered substantial; however, the lot is preexisting nonconforming with the district requirements and the applicant has demonstrated that the proposed size of the proposed structure (principal building coverage) and relationship to property lines is the minimum variance necessary per the applicant and noted by the Board. 4. The Applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. The removal of the existing scrapyard and replacement with a single-family residence represents a positive environmental impact to the neighborhood. The applicant has indicated that the residence would produce less traffic counts and less overall impact to the existing alley. Finally, the proposed site to remain permeable is in excess of the minimum 25% required. 5. The request for relief may be considered a self-created hardship due to the applicant's desire to construct a single-family residence at the dimensions proposed. However, self-creation is not necessarily fatal to the application. Notes: 1. DRC Historic Review for demolition and construction required 2. Applicant must comply with 17 NYCRR Part 32 - Oil Spill Prevention and Control - Actions To Be Taken In Case Of Discharge, if applicable (attached). 3. Applicant must comply with 6 NYCRR Part 360.13 - Special Requirements For Pre-Determined Beneficial Use Of Fill Material, if applicable (attached). Conditions: 1. Submit for review and approval by the City Engineer- Grading plan, utilities plan, erosion and sediment control plan, water connection application, right-of-way work cost estimate and letter of credit. 2. No accessory structures are permitted 3. Repair and/or replacement of the sidewalk along the frontage on South Franklin is required prior to issuance of a certificate of occupancy. Adopted by the following vote: AYES: 5 (K. Kaplan, A. McNeill, J. Helicke, B. Gallagher, O. Ludd) NAYES: 1 (C. Grey) RECUSAL: I (B. Moore) Dated: April 23, 2018 This variance shall expire 18 months following the filing date of such decision unless the necessary building permit has been issued and actual construction begun as per 240-8.5.1. ilk 1.. 411111.* LAti 011-WWIRL 4/25/2018 Date Chair I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, six members of the Board being present. View Document-New York Codes, Rules and Regulations https://govt.westlaw.corn/nyerriDoe ament/1216c2695c2241 I dd8551. 7 HOMON R EUT ER S WESTLAW New York Codes, Rules and Regulations 17 CRR-NY 132 Notes NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I.RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE, 17 CRR-NY 132 Notes 17 CRR-NY 132 Notes (Statutory authority:Navigation Law,§ 191) Current through January 20,2018 END OF DOCUMENT CI 2018 Thomson Reuters,No claim to orginal U S Government Viksrks. CI 2018 Thomson Reuters View Document-New York Codes,Rules and Regulations httpsligovt.westlaw.cominycniDocumentiI216c2698c22411dd8551_. THOMSON R Etn ERS WESTLAW New York Codes, [if Liles and Regulations WPFNIMP.M.PIM , - 4 17 CRR-NY 32.1 NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER L RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE 17 CRR-NY 32.1 CRR-NY 32.1 32.1 Authority. This Part is promulgated pursuant to the authority of article 12,section 191 of the Navigation Law,which provides the commissioner with authority to adopt,amend, repeat and enforce such rules and regulations as he deems necessary to accomplish the purposes of article 12 of the Navigation Law. 17 CRR-NY 32.1 Current through January 20,2018 END OF DOCUMENT 2018 Thomson Reuters.No claim to original US.Government Works, 0 2018 Thomson Reuters • View Document-New York Codes, Rules and Regulations lutps://govt.westiaw.corninyerriDocument/1216c269bc22411dd855 I. IHOMS014 REUTERS WESTLAW New York Codes, Rules and Regulations 17 CRR-NY 32.2 NY-CRR &Wait COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I..RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAisiKEN IN CASE OF DISCHARGE 17 CRR-NY 32.2 17 CRR-NY 32.2 32.2 Definitions. Unless the context otherwise requires,the definitions contained in section 172 of the Navigation Law shall be applicable to this Part. The following additional definition shall be applicable to this Part: (a) To contain or containment means all actions to limit or prevent the spread of a petroleum discharge. 17 CRR-NY 32.2 Current through January 20,2018 END OF DOCUMENT 2018 Thomson Reuters,No claim to original U.S.Government Works. 0 2018 Thomson Reuters View Document-New York Codes,Rules and Regulations https://govt.westlaw.corninycrriDocurnent11216e4da2c224111 dd8551... T HOPISCH REflRS WESTLAW New York Codes, Rules and Regulations 17 CRR-NY 32.3 NY-CRR • .. . ...,..... OFFICIAL COMPILATION OF CODES,RULES AND REGULAtIONSOFTI4E STATE OF NEWTVORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I.RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE 17 CRR-NY 32.3 17 CRR-NY 32.3 32.3 Requirement of notification. Any person responsible for causing a discharge which is prohibited by section 173 of the Navigation Law shall immediately notify the department,but in no ease later than two hours after the discharge. In addition,the owner or operator of any facility from which petroleum has been discharged in violation of section 173 of the Navigation Law,and any person who was in actual or constructive control of such petroleum immediately prior to such discharge,shall immediately give the department the notification required by this Part unless such owner,operator or person has adequate assurance that such notification has already been given. 17 CRR-NY 32.3 Current through January 20,2018 END OF DOCUMENT 0 2018 Thomson Reuters.No claim to original U.S.Government Works. ©2018 Thomson Reuters View Document-New York Codes,Rules and Regulations https://govt.westlaw.com/nyerriDocument/1216c4da5c22411dd8551. THOMSON REUTERS WEST1 AW New York Codes, Rules and Regulations 1 7 CRR-NY 32.4 NY-CRR ''''''''COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I.RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE__ 17 CRR-NY 32.4 17 CRR-NY 32.4 32.4 Method of notification. (a)Notification to the department shall be made by telephone call to the following number: (518)457-7362 Notification to the department shall be deemed to fulfill the notification requirements of any other State or local law. (b)The person notifying the department shall provide all of the following information which is available: (1)the name of the person making such report and his relationship(agent,employee,etc.)to any person(corporation, company, etc.)which might be responsible for causing such discharge; (2)the time and date of the discharge; (3)the probable source of the discharge; (4)the location of the discharge, both geographic and in relation to bodies of water; (5)the type of petroleum discharged; (6) possible health or fire hazards resulting from the discharge; (7)the amount of petroleum discharged; (8)all actions which are being taken or will be taken to clean up and remove the discharge; (9)the personnel presently on the scene;and (10)other government agencies which have been or will be notified. 17 CRR-NY 32.4 Current through January 20,2018 _ END OF DOCUMENT ©2018 Thomson Reuters.No claim to original U.S.Government Works, ©2018 Thomson Reuters View Document-New York Codes, Rules and Regulations haps://govtawestlaw.cominyerriD0cument11216c4da8c224 I I dd8551.. Titomsoit par/FRS WESTLAW New York Codes, Rules and Regulations 17 CRR-NY 32.5 NY-CRR ... ....____ OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I.RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE 17 CRR-NY 32.5 17 CRR-NY 32.5 32.5 Discharge response. (a)Any person responsible for causing a discharge which is prohioited by section 173 of the Navigation Law shall take immediate steps to stop any continuation of the discharge and shall take all reasonable containment measures to the extent he is capable of doing so. (b)The person responsible for causing a discharge which is prohibited by section 173 of the Navigation Law shall also take those measures or actions necessary for the cleanup and removal of the discharge,except that: (1)all cleanup and removal activities shall be subject to the supervision and control of the department once a representative of the department has arrived on the scene,or, in the event a Federal on-scene coordinator assumes control of cleanup and removal activities, shall be subject to the supervision and control of such Federal on-scene coordinator;and (2)in the event that the department determines that the person attempting to clean up and remove a discharge is not capable of, or is not properly and expeditiously,cleaning up and removing such discharge,the department may order such person to cease such cleanup and removal operation. I (c)No person engaged in the cleanup and removal(including containment)of discharged petroleum shall apply any chemicals, including detergents,without the prior approval of the on-scene representative of the department or of the Federal on-scene coordinator.The use of detergents for the cleanup and removal of discharged petroleum shall also require the prior authorization of the Commissioner of Environmental Conservation or his authorized agent.Sorbents shall not be considered chemicals for the purposes of this Part. (d)In the event the person responsible for causing a discharge,which is prohibited by section 173 of the Navigation Law, does not properly and expeditiously commence and carry out the cleanup and removal of such discharge,the department shall cleanup and remove such discharge.Cleanup and removal by the department may be by the department's own forces,by contractors retained by the department or by any other method determined by the department to be appropriate.The department may supplement the cleanup and removal activities of the person responsible for causing the discharge or of any other person. (e)All cleanup and removal activities shall,to the greatest extent possible, be carried out in accordance with the National Contingency Plan established by 40 CFR part 1510,as it presently exists or as amended. 17 CRR-NY 32.5 Current through January 20,2018 END OF DOCUMENT ©2018 Thomson Reuters,No claim to original U.S.Government Works. 2018 Thomson Reuters View Document-New York Codes, Rules and Regulations https://govt.westlaw.com/nycrriDocument/I216c4dabc22411dd8551.... THOMSON R EWERS WESTLAW Now York Codes, Rules and Regulations 17 CRR-NY 32.6 NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND kEolULATIONS OF THE STATE OF NEW YORK TITLE 17.DEPARTMENT OF TRANSPORTATION CHAPTER I.RULES GENERALLY PART 32.OIL SPILL PREVENTION AND CONTROL—ACTIONS TO BE TAKEN IN CASE OF DISCHARGE 17 CRR-NY 32.6 17 CRR-NY 32.6 32,6 Access. At any time when a diszharge has occurred or appears imminent,the department and the Department of Environmental Conservation shall be provided with access to any facility,major or otherwise,for the purposes of taking all actions necessary for the prevention of a discharge,the cleanup and removal of a discharge,and ascertaining of the source and cause of the discharge. 17 CRR-NY 32.6 Current through January 20,2018 END OF DOCUMENT 0 2018 Thomson Reuters.No ctaim to orighaf U.S.Government Works. 0 2018 Thomson Reuters View Document-New York Codes, Rules and Regulations https://govt.westlaw.cominyerriDocumentild4d6080cdfe911e7aa6b. THOMSON R EUT ERS WESTLAW New York Codes, and Regulations 6 CRR-NY 360.13 NY-CRR OFFICIAL COMPILATION OF CODES,RULES AND REGULATIONS OF THE STATE OF NEW YORK TITLE 6.DEPARTMENT OF ENVIRONMENTAL CONSERVATION CHAPTER rv.QUALITY SERVICES SUBCHAPTER B.SOLID WASTES PART 360.SOLID WASTE MANAGEMENT FACILITIES GENERAL REQUIREMENTS 6 CRR-NY 360.1.3 6 CRR-NY 36o.13 360.13 Special requirements for pre-determined beneficial use of fill material. (a)Applicability. This section applies to the direct use of fill material under a pre-determined beneficial use.This section does not apply to: (1)fill material sent to facilities subject to regulation under Subpart 361-5 of this Title; and (2)fill material generated outside of New York City with no evidence of historical impacts such as reported spill events,or visual or other indication(odors,etc.)of chemical or physical contamination as identified in section 360.12(c)(1)(ii)of this Part. (b)Waste cessation. Fill material ceases to be solid waste in accordance with the following: (1)restricted-use fill and limited-use fill-once delivered to the site of reuse; (2)general fill generated outside of the City of New York once a determination that it is general fill has been made; (3)general fill generated within the City of New York-once delivered to the site of reuse. (c)Exemption for on-site reuse of fill material. Fill material used as backfill for the excavation from which the fill material was taken,or as fill in areas of similar physical characteristics on the project property is exempt from regulation under this Part.If fill material exhibits historical or visual evidence of contamination(including odors),and will be used in an area with public access,the relocated fill material must be covered with a minimum of 12 inches of soil or fill material that meets the criteria for general fill,as defined in this Part.This provision does not apply to sites which are subject to a department-approved or undertaken program pursuant to Part 375 of this Title. (d)Testing requirements for fill material. Fill material that is not otherwise excluded or exempt from regulation under this section must sampled and analyzed pursuant to subdivision(e)of this section if: (1)the fill material originates from a location within the City of New York unless the quantity of fill material does not exceed 10 cubic yards from one site and the 10 cubic yards or less of material does not contain historical evidence of impacts such as reported spill events,or visual or other indication(odors,etc.)of chemical or physical contamination; (2)the fill material originates from a location outside the City of New York if: (i)there is historical evidence of impacts such as reported spill events, or visual or other indication(odors,etc.)of chemical or physical contamination; (ii)the fill material originates from a site with industrial land use as defined in section 375-1.8(g)(2)(1v)of this Title;or (iii)if,during excavation,visual indication of chemical or physical contamination is discovered. (e)Sampling and analysis requirements for fill material. (1)Sample method and frequency.Samples must be representative of the fill material.The sampling program must be designed and implemented by or under the direction of a qualified environmental professional(OEP), using the table below as a minimum sampling frequency.Written documentation of the sampling program with certification from the QEP that samples were representative of the fill material must be retained for three years after the sampling occurs and must be provided to the department upon request. a• .W 1,401. View Document-New York Codes, Rules and Regulations https://govt.westlaw.cominyerriDocumentild4d6080cdfe9 I 1 e7aa6b,. TABLE 1: Minimum Analysis Frequency for Fill Material Fill Material Quantity(cubic yards) Minimum Number of Analyses for Volatile Minimum Number of Analyses for all other Organic Compounds.,.if Reciuired.. parameters ....... .. ... . .._. . .... , .. , „ . 0-3002 1 .,. ..........„ ,. ,........„ ....,...._ _.,...,......___ ..........., .. , •.._.....•_______.• ,...,,,..— 301-1000 42 1001-10,000 6 3 , ....._ .. 10,001+ . Two for every additional 10,006-cubic yards One per every additional 10,000 cubic yards or fraction thereof or fraction thereof (2)Analytical parameters.Fill material samples must be analyzed for: (i)the Metals,PCBs/Pesticides,and Semivolatile organic compounds listed in section 375-6.8(b)of this Title; (ii) asbestos if demolition of structures has occurred on the site; (iii)volume of physical contaminants, if present,based on visual observation;and (iv)volatile organic compounds listed in section 375-6.8(b)of this Title,if their presence is possible based on site events such as an historic petroleum spill,odors,photoionization detector meter or other field instrument readings. (3)Laboratory and analytical requirements. Laboratory analyses must be performed by a laboratory currently certified by the New York State Department of Health's Environmental Laboratory Approval Program(ELAP). (f)Acceptable fill material uses. Fill material can be beneficially used in accordance with table 2 below. TABLE 2: Fill Material Beneficial Use Fill Material Type Fill Material End Use i Physical Criteria Maximum Concentration Levels General Fill 'Any setting where the fill :Only soil,sand,gravel or rock; Lower of Protection of Public material meets the engineering no non-soil constituents. Health-Residential Land Use criteria,for use,except: 1. and Protection of Groundwater Undeveloped land;and 2. ; i - in section 375-6.8(b)of this Agricultural crop land.General i Title. Fill may also be used in the same manner as Restricted-Use Fill and Limited-Use Fill. Restricted-Use Fill 1 Engineered use for -Up to 40 percent by volume General Fill criteria except that embankments or subgrade in inert, non-putrescible non-soil up to 3 mg/kg(dry weight)total transportation corridors,or on constituents,2 benzo(a)pyrene(BAP) sites where in-situ materials i equivalent.3 No detectable i iexceed Restricted-Use Fill or 1 asbestos. In Nassau or Suffolk i Limited-Use Fill criteria.Must bel County—BAP equivalent does placed above the seasonal high ' not apply. Polycyclic aromatic water table.May also be used in hydrocarbons must not exceed the same manner as Limited- i . I i , Protection of Groundwater Soil Use Fill. Cleanup Objectives in section 376-8.8(b)of this Title. ........,.._,......,...,___,..............,._______. ........____•, Limited-Use Fill1 Engineered use under No volume limit for inert, non- General Fill criteria,except up to foundations and pavements putrescible non-soil Protection of Public Health- above tthe seasonal high water constituents.2 Commercial SCOs for metals; table.4 Placement in Nassau : up to 3 mg/kg (dry weight) land Suffolk Counties isbenzo(a)pyrene equivalent is .- prohibited. . ,.. allowed i No detectable .• _........... i , . _..,_ ....,., i — asbestos. (g)Other fill material use criteria. (1)Payment.A person must not receive payment or other form of consideration for allowing beneficial use of restricted-use fill or limited-use fill material on land under that person's control. (2)Notification in the City of New York.The department must be notified at least five days in advance of transfers of general fill, restricted-use fill and limited-use fill material generated in,imported to, or relocated within the City of New York in amounts greater than 10 cubic yards.Notifications must be made on forms or in a manner acceptable to the department and must include any analytical data required by this section.The department reserves the right to inspect any site of generation or placement of fill material, (3)Notification of fill material placement. For restricted-use fill and limited-use fill material,the department must be notified at least 5 days before delivery of greater than 10 cubic yards of fill material.Notification must be made on forms or in a manner acceptable to the department and must include any analytical data required by this section.The department reserves the right to inspect any site receiving fill material. View Document-New York Codes,Rules and Regulations 1-ittps://govtwestlaw.cominyerr/Document/Id4d6080cdfe911e7aa6b, (4) Recordkeeping.The generator, processor,and receiver of fill material subject to sampling under this section must retain records of fill material quantities,with analytical data,for a minimum of three years after the fill material is removed or received, as applicable.These records must be made available to the department upon request. (5)Transport. (i)Transport of fill material that originates in the City of New York is subject to the requirements of Part 364 of this Title. (ii)Transport of limited-use fill and restricted-use fill generated outside of New York City, is subject to the requirements of Part 364 of this Title. (iii)Limited-use fill and restricted-use fill generated outside of Nassau and Suffolk counties is prohibited from being transported to any destination within Nassau or Suffolk County. (6)Fill material not used in accordance with this section is a solid waste and must be managed at a facility authorized to receive it,or used pursuant to a case-specific beneficial use determination in accordance with section 360.12(d)of this Part. Footnotes Use of restricted or limited use fill material can only occur at a project in accordance with an approved local building permit or other municipal authorization that includes the need for the fill material. Fill material must be used within 30 days of arriving at the project site. 2 Inert, non-putrescible materials excludes plastic,gypsum wallboard,wood, paper,or other material that may readily degrade or produce odors. 3 Benzo(a)pyrene(BAP)equivalent is calculated using the following formula:BAPE=1 x conc. Benzo(a)pyrene+0.1 x [conc. Benz(a)anthracene+cone, Benzo(b)fluoranthene+conc.Benzo(k)fluoranthene+ conc. Dibenz(a,h)anthracene+ conc.indeno(1,2,3-c,d)pyrene]+0.01 x conc.Chrysene(All concentrations in mg/kg or ppm,dry weight.) 4 If foundation or pavement is not installed within 365 days of fill material placement, it placement will constitute prohibited disposal. 6 CRR-NY 360.13 Current through January 20,2018 END OF DOCUMENT ©2018 Thomson Reuters.No claim to original U.S.Government Works. • 0 2018 Thomson Reuters