HomeMy WebLinkAbout20250896 116 East Ave Area Varaince ApplicationRevised
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APPLICANT(S)* OWNER(S) (If not applicant) ATTORNEY/AGENT
Name
Address
Phone / / /
Email
*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
1. Property Address/Location: Tax Parcel No.: ________.______ - ______ - ______
(for example: 165.52 – 4 – 37 )
2. Date acquired by current owner:3. Zoning District when purchased:
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? ) No
7. Is property located within (check all that apply)?: Historic District Architectural Review District500’ of a State Park, city boundary, or county/state highway?
8. Brief description of proposed action:
Yes No
Yes No
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Has the work, use or occupancy to which this appeal relates already begun?
Identify the type of appeal you are requesting (check all that apply):
INTERPRETATION (p. 2) VARIANCE EXTENSION (p. 2) USE VARIANCE (pp. 3-6) AREA VARIANCE (pp. 6-7)
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**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED**
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CITY OF SARATOGA SPRINGS
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116 East Ave
Saratoga Springs, NY 12866
Rob Massie
massier2@gmail.com
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116 East Avenue 166 38 2 86
2012 UR-2
Single Family Residence UR-2
✔
Two story rear addition expanding the kitchen and upstairs bedroom. Single story
den addition to expand living space as well as a front porch addition.
✔
585-764-1580
✔
✔
✔
Keith Buff - Architect
1426 Crescent Vischer Ferry Rd
Halfmoon, NY 12065
kbuff@kpbarchitecture.com
518-429-8093
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 2
INTERPRETATION – PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
1. 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? 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):
1. 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:
NOT APPLICABLE
NOT APPLICABLE
Appraisal Assumptions:
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 3
USE VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
A use variance is requested to permit the following:
For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary
hardship 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 permitted 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:
A. Submit the following financial evidence relating to this property (attach additional evidence as needed):
1) Date of purchase:Purchase amount: $
2) Indicate dates and costs of any improvements made to property after purchase:
Date Improvement Cost
3) Annual maintenance expenses: $4) Annual taxes: $
5) Annual income generated from property: $
6) City assessed value: $ Equalization rate: Estimated Market Value: $
7) Appraised Value: $ Appraiser: Date:
NOT APPLICABLE
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 4
B. Has property been listed for sale with Yes If “yes”, for how long? _______________________________
the Multiple Listing Service (MLS)?No
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 No
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 hardship 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:
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 5
3. 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:
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:
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 6
AREA VARIANCE – PLEASE ANSWER THE FOLLOWING (add additional information as necessary):
The applicant requests relief from the following Zoning Ordinance article(s)
Dimensional Requirements 'LVWULFW5HTXLUHPHQW 5HTXHVWHG
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:
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.
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:
Table 3-A
Minimum Interior Side Setback
Minimum Corner Side Setback
8'-0"
10'-0"
4'-10" (Match
Existing)
6'-2"
Alternative designs explored but didn't offer viable living space. Being a non-conforming lot at 5,000sf (6,600sf req.) and 50' wide
(60' req. min.) it proved difficult to expand in a meaningful way without impacting setbacks.
The design aesthetic of the house maintains the original character. The south side of the house is currently non-conforming as it
sits within the setback. The addition proposes to align with that existing condition on the southern face for 8'-8" to maximize
interior square footage. The northern addition on McLaren Street only proposes to extend beyond the existing screened porch
approximately 3'-10" +/- and will be designed with an aesthetic complimentary to the existing house and neighborhood.
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 7
3. Whether the variance is substantial. The requested variance is not substantial for the following reasons:
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:
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:
This is not a substantial variance as we are matching an existing condition on the south side and only seeking 3'-10" +/- of relief
on the north side where the addition would still be 20'-8" +/- from McLaren Street.
The variance will not have an adverse physical or environmental effect on the neighborhood as it's intended to be complimentary
to the existing residences design aesthetic including landscape.
The alleged difficulty was not self-created as this is an existing, non-conforming lot at 50' wide. The proposed additions would
meet zoning had the lot been the minimum 60' wide for UR-2.
Revised
ZONING BOARD OF APPEALS APPLICATION FORM PAGE 8
DISCLOSURE
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 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:
(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:
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9/11/2025
Page 1 of 3
Short Environmental Assessment Form
Part 1 - 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
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor:Telephone:
E-Mail:
Address:
City/PO:State:Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
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.
NO YES
2. Does the proposed action require a permit, approval or funding from any other government Agency?
If Yes, list agency(s) name and permit or approval:
NO YES
3. a. Total acreage of the site of the proposed action? __________ 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
Check all land uses that occur on,DUHadjoining RU near the proposed actioQ
Rural (non-agriculture),ndustrial Commercial Residential (suburban)
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SEAF 2019
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Massie Residence - Additions and Renovations
116 East Ave, Saratoga Springs, NY 12866
Single story den and front porch addition as well as a two story kitchen and bedroom addition.
Rob Massie
585-764-1580
massier2@gmail.com
116 East Ave
Saratoga Springs NY 12866
✔
✔
.115
.02
.115
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Page 2 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
a. Will the proposed action result in a substantial increase in traffic above present levels?
EAre public transportation services available at or near the site of the proposed action?
FAre any pedestrian accommodations or bicycle routes available on or near WKHsite 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 ZDWHU: _________________________________________
_____________________________________________________________________________________________
NO YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ______________________________________
_____________________________________________________________________________________________
NO YES
DUFKDHRORJLFDOVLWHVRQWKH1<6WDWH+LVWRULF3UHVHUYDWLRQ2IILFH6+32DUFKDHRORJLFDOVLWHLQYHQWRU\"
NO YES
D. 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?
EWould 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
D'RHVWKHSURMHFWVLWHFRQWDLQRULVLWVXEVWDQWLDOO\FRQWLJXRXVWRDEXLOGLQJDUFKDHRORJLFDOVLWHRUGLVWULFW
ZKLFKLVOLVWHGRQWKH1DWLRQDORU6WDWH5HJLVWHURI+LVWRULF3ODFHVRUWKDWKDVEHHQGHWHUPLQHGE\WKH
&RPPLVVLRQHURIWKH1<62IILFHRI3DUNV5HFUHDWLRQDQG+LVWRULF3UHVHUYDWLRQWREHHOLJLEOHIRUOLVWLQJRQWKH
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✔Meets current energy code requirements
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Page 3 of 3
Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
ƑShoreline ƑForest Agricultural/grasslands Early mid-successional
Wetland ƑUrban 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 \HDUIlood 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 ZRXOGresult in the impoundment of water
or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain WKHpurpose and sizeRIWKHLPSRXQGPHQWBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
____________________________________________________________________________________________
_
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 WKHsubject of remediation (ongoingRU
completed)for hazardous waste?
If Yes, describe: _______________________________________________________________________________
_____________________________________________________________________________________________
NO YES
I &(57,)< THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Date: _____________________Applicant/sponsorname:BBBBBBBBBBBBBBBBBBBBB______________________BBBBBBBBB__________________________
Signature: _____________________________________________________7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
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Rob Massie 9/11/2025
PRINT FORM
Applicant
10' - 0"
10
'
-
0
"
25' - 0"
8'
-
0
"
PROPOSED 10'-6" x 22'-0" DEN ADDITION
ALIGN
PROPOSED 8'-8" x 26'-4"
KITCHEN / BEDROOM ADDITION
PROPOSED 7'-8" x 7'-10"
ENTRY ADDITION
PROPOSED 3'-0" x 6'-2" ENTRY ADDITION
SITE STATISTICS
ZONING = UR-2 (URBAN RESIDENTIAL 2)
ARCHITECTURAL REVIEW DISTRICT = NOT APPLICABLE
HISTORIC OVERLAY DISTRICT = NOT APPLICABLE
LOT AREA = 5,000 SF
6'
-
2
"
.
14
'
-
6
"
+
/
-
Exst Patio
PROPOSED BUIDLING COVERAGE = 1,950 SF (39%)
+PROPOSED IMPERVIOUS SURFACE COVERAGE = 2,781 SF (56%)
Exst Vinyl Fence
4'
-
1
0
"
+
/
-
116 EAST AVE.47 PINEWOOD AVE.
Scale
Project number
Date
Drawn by
Checked by
Halfmoon, New York
Phone: 518.429.8093
email: kbuff@kpbarchitecture.com
Client:
Project:
NOT FOR
CONSTRUCTION
As indicated
9/
1
1
/
2
0
2
5
2
:
4
3
:
0
3
P
M
Z-100
SITE DIAGRAM
2025.27
116 EAST AVE.
SARATOGA SPRINGS
09.10.2025
KW
KPB
MASSIE RESIDENCE
No. Description Date
3/32" = 1'-0"1 SITE DIAGRAM
12" = 1'-0"2 AERIAL PHOTOGRAPH
12" = 1'-0"3 EXISTING PHOTOGRAPH 1
12" = 1'-0"4 EXISTING PHOTOGRAPH 2
12" = 1'-0"5 EXISTING PHOTOGRAPH 3
12" = 1'-0"6 EXISTING PHOTOGRAPH 4
T.O. SUBFLOOR -FIRST FLOOR
0' -0"
T.O. FOUNDATION
-0' -9 1/2"
T/ FIRST FIRST FLOOR PLATE
8' -2 1/2"
T.O. SUBFLOOR -SECOND FLOOR
8' -10 1/2"
T.O. PLATE
16' -3"
EXISTINGNEW
AZEK PILASTER TRIM,
PRIME AND PAINT, TYP.
AZEK TRIM, PRIME AND
PAINT, TYP.
WINDOW AS SCHEDULED
AZEK STEPPED FASCIA
w/ CROWN TRIM, PRIME
AND PAINT, TYP.
1-1/2" STANDING
SEAM METAL ROOF
AZEK TRIM w/ LATTICE
WORK, PRIME AND
PAINT, TYP.
NEW SHUTTERS, TYP.
NEW ASPHALT
SHINGLE ROOF TO
MATCH EXISTING
NEW WINDOW AS
SCHEDULED
NEW SIDING TO MATCH
EXISTING, TYP.
ETR ETR
ETR ETR
W3W3W3W3
W2
Scale
Project number
Date
Drawn by
Checked by
Halfmoon, New York
Phone: 518.429.8093
email: kbuff@kpbarchitecture.com
Client:
Project:
NOT FOR
CONSTRUCTION
As indicated
9/
1
1
/
2
0
2
5
2
:
4
3
:
0
7
P
M
Z-101
PROPOSED
EXTERIOR VIEWS
2025.27
116 EAST AVE.
SARATOGA SPRINGS
09.10.2025
KPB
KPB
MASSIE RESIDENCE
No. Description Date
1/4" = 1'-0"1 LEFT ELEVATION
12" = 1'-0"2 FRONT RIGHT PERSPECTIVE
12" = 1'-0"3 FRONT LEFT PERSPECTIVE
12" = 1'-0"4 REAR RIGHT PERSPECTIVE