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Home My WebLink About20250907 75 Clinton St Interpretation Application**HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** "� sA CITY OF SARATOGA SPRINGS _ n 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 APPLICANT(S)* OWNER( (If not applicant) Dominick Fazioli and Jennifer Clifton 75 Clinton St Address Saratoga Springs, NY 12866 678-637-6886 Phone / nick.fazioli@gmail.com Email Primary Contact Person: Applicant [FOR OFFICE USE] (Application #) (Date received) (Project Title) Check if PH Required Staff Review ATTORNEY/AGENT Justin M. Grassi 68 West Avenue/P.O. Box 4400 Saratoga Springs, NY 12866 518-587-0080 / jgrassi@saratogalaw.com Owner 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: [A Owner ❑ Lessee ❑ Under option to lease or purchase PROPERTY INFORMATION 75 Clinton St, Saratoga Springs, NY 165. 51 1 24 I. Property Address/Location: Tax Parcel No.: - - March 26, 2022 2. Date acquired by current owner: Single Family Res 4. Present use of property: (for example: /65.51-4-37) U R3 3. Zoning District when purchased: UR3 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)?: 0 Historic District 0 Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: Appeal of the Notice of Violation and Order to Remedy issued to the Applicant on July 29, 2025. 9. Is there an active written violation for this parcel? Yes ❑ 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 app/y): 0 INTERPRETATION (p. 2) ❑ VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 01/2021 ZONINGBOARO OFAPPE4LSAPPLIG4T/ON FORM PAGE2 INTERPRETATION —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I. Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) 13.9(F) 1, 2 and 9.5J 2. How do you request that this section be interpreted? We request the interpretation to include that the existing improvements located at 75 Clinton St comply with all JDO codes and provisions. 3. If interpretation is denied, do you wish to request alternative zoning relief? Yes El No 4. If the answer to #3 is "yes," what alternative relief do you request?❑ Use Variance O Area Variance EXTENSION OF A VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): I. 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 OFAFFEALs APPL /CAT/ON 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". I . 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 3) Annual maintenance expenses: Improvement 5) Annual income generated from property: 6) City assessed value: 7) Appraised Value: Appraisal Revised O112021 Cost 4) Annual taxes: Equalization rate: Estimated Market Value: $ Appraiser: ZONING BOARD OFAFFEALSAPPL/CATION FORM PAGE4 B. Has property been listed for sale with ❑Yes If "yes", for how long? the Multiple Listing Service (MLS)? [E]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 01/2021 ZONING BOARD OFAPPEALSAPPVCAT/ON FORM PAGE S 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 (orwas 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 01/2021 ZONING BOARD OFAFFEALSAFFL/CAT/ON FORM PAGE E AREA VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Dimensional Requirements District Requirement Requested 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: 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. 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: Revised 01/2021 ZONING BOARD OFAPPEALsAPPLIGA T/ON FORM PAGE 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: Revised 01/2021 ZONINGBOARD OFAPPEALSAPPL/CAT/ONFORM 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? [Z]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. /li .idi (Sep 21, 2025 20:14A6 EDT) (applicant signature) 4ennifer� 21, 202520:43:53 EDT) (applicant signature) If applicant is not the currently the owner of the property, the current owner must also sign. Owner Signature: Owner Signature: Revised O1/2021 Date: Sep 21, 2025 Sep 21, 2025 CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS Gety HaLL - 474 6roadwo-9 Soraiago Spri&wg,, NewYork,1286ro Tel,: 518-587-3550 X2533 /C�QPDRATED %9`y wwyV:$A,'afV�a-STx'utigYOY9 INSTRUCTIONS APPEAL TO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS 1. ELIGIBILITY: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBAwill only consider properly completed applications that contain 1 original and 1 digital version of the following: ❑ Completed application pages I and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/ documentation. *HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED'* ❑ Completed SEQR Environmental Assessment Form — short or long form as required by action. http://www.dec.ny.gov/docs/permits ej operations_pdf/seafpartone.pdf ❑ Detailed "to scale" drawings of the proposed project— folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance'. REFER TO THE CURRENT FEE WORKSHEET INCLUDED IN THIS DOCUMENT. Check City's website (www.saratoga-springs.org) for meeting dates. Revised 0112021 ZONING BOARD APP64L APPVCAT/ON INSTRUCTIONS PAGE2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in the legal notice section of a local publication at least 5 days before the hearing. PROPERTY OWNER NOTIFICATION Applicants are required to mail acopy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance 250 feet Area variance & Interpretation 100 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include anyother materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office "certificates of mailing' to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised 01/2021 City of Saratoga Springs S City Hall - 474 Broadway Springs,New Saratoga Springs. New Vora 12866 128ngs.org ws, [ork Tel Staratoga Office of Planning &Economic Development Application to City Council FEE Comprehensive Plan amendment $1,800 + $300/acre Zoning Ordinance amendment $800 + $300/acre Planned Unit Development (PUD) amendment $800 + $300/acre Application to Zoninq Board of Appeals Use Variance $1,400 + $50/app Area Variance - Residential (1 & 2 Family) $350/1st var+$50/app +$150/ea add variance Area Variance - 3+ Family and Commercial $1000/1st var + $50/app+ $200/ as add variance Interpretations $650+$50/app Post Work Application Fee Application Fee x 2 +$50/app Variance extensions 50 % of Application fee + $50/app Demolition $500 Residential Structures - 1 or 2 Family Principal or Accessory Structure Materials Change -roof, windows, siding $75 Fagade Change -removal addition of windows, doors, porch $150 Addition or new construction $300 Approval Extension or Modification 50%of application fee 3 + /Multi -Family, Comm, Mixed -Use Principal or Accessory Structure Materials Change -roof, windows, siding, paint color $150 Signs, Awnings $150 Fagade Change-removaltaddilion of windows, doors, porch $300 Addition or new construction $650 Approval Extension or Modification 50% of application fee Application to Planning Board Special Use Permit $1200 + $50/app Temporary Use Permit $500 Special Use Permit - extension $400 Special Use Permit - modification $50/app Site Plan Review -incl. PUD: Sketch Plan $400 per sketch Site Plan Full Residential $400+$250/unit Non-residential $800 + $150/1000 sf Administrative SPR Residential $400 Non-residential $800 Extension Residential $250 Non-residential $350 Subdivision - incl. PUD: Sketch Plan $400 per sketch Preliminary Approval Residential: 1-5 lots $700 + $50/app Residential: 6-10 lots $1100 + $50/app Residential: 11-20 lots $1450 + $50/app Residential: 21+ lots $1800 + $50/app Residential - extension $350 Final Approval Residential $1,550 + $200/lot + $50/app Non- Residential $2,400/lot + $50/app Final Approval Modification Residential $400 + $50/app Non- Residential $800 + $50/app Final Approval Extension Residential $250 Non- Residential $350 Other: Lot Line Adjustment/Subdivision Administrative Action $400 Letter of Credit- modification or extension $400 Letter of Credit - collection up to 1 % of LoC Recreation Fee $2000/lot or unit Land Disturbance $750 + $35/acre Watercourse/Wetland Permit $750 SEQRA EIS Review Draft & Final TBD ZBA Application with instructions and fee worksheet (2) Final Audit Report 2025-09-22 Created: 2025-09-12 By: Alexandra Banks (abanks@saratogalaw.com) Status: Signed Transaction ID: CBJCHBCAABAALYX_IbmZpYdizIYI65zmwOEWb5zyOFMR "ZBA Application with instructions and fee worksheet (2)" History Document created by Alexandra Banks (abanks@saratogalaw.corn) 2025-09-12 - 5:04:06 PM GMT Cw Document emailed to nick.fazioli@gmail.com for signature 2025-09-12 - 5:05:15 PM GMT Email viewed by nick.fazioli@gmail.com 2025-09-12 - 5:06:05 PM GMT o- New document URL requested by nick.fazioli@gmail.com 2025-09-22 - 0:12:36 AM GMT Email viewed by nick.fazioli@gmail.com 2025-09-22 - 0:12:45 AM GMT dQ Signer nick.fazioli@gmail.com entered name at signing as Dominick Fazioli 2025-09-22 - 0:14:44 AM GMT 6a Document e-signed by Dominick Fazioli (nick.fazioli@gmail.com) Signature Date: 2025-09-22 - 0:14:46 AM GMT - Time Source: server w Document emailed to jennyclifton@gmail.com for signature 2025-09-22 - 0:14:48 AM GMT Email viewed by jennyclifton@gmail.com 2025-09-22 - 0:38:55 AM GMT Signer jennyclifton@gmail.com entered name at signing as Jennifer Clifton 2025-09-22 - 0:43:51 AM GMT Adobe Acrobat Sign FSp Document e-signed by Jennifer clifton Qennyclifton@gmail.com) Signature Date: 2025-09-22 - 0:43:53 AM GMT - Time Source: server ® Agreement completed. 2025-09-22 - 0:43:53 AM GMT Adobe Acrobat Sign Short Environmental Assessment Form Part I - Project Information Instructions for Comnletine 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 I 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: 75 Clinton Street Violation Appeal Project Location (describe, and attach a location map): 75 Clinton Street, Saratoga Springs, New York Brief Description of Proposed Action: Applicant appeals the interpretation that the project site is in violation of the Saratoga Springs Unified Development Ordinance to the Zoning Board of Appeals. Name of Applicant or Sponsor: Telephone: 518-587-0080 Justin Grassi, Esq. E-Mail: jgrassi@saratogalaw.com Address: 68 West Avenue 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, administrative rule, or regulation? NO YES 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. 21 ❑ 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? .5 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? .5 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. m Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial m Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page 1 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 ❑ Fv-/] ❑ ❑ ❑ ❑ 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 FZI ❑ 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 ❑ ❑ F/I ❑ ❑ 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 ❑ 71 ❑ ❑✓ 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 ❑✓ ❑ ❑ ❑✓ t 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 m 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 0 ❑ ❑ ❑ Fv—(] Fv_(1 ..: 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 ❑ ❑ 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 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/spgnsorhiame: Justin Grassi, Esq. Date: 9.29.25 Signature: _/J{(rl �P Title: Attorney for Applicant V PRINT FORM Page 3 of 3 EAF Mapper Summary Report Monday, September 29, 2025 10:03 AM Disclaimer: The EAF Mapper is a screening tool intended to assist i5:51 65 51 1n18 project sponsors and reviewing agencies in preparing an environmental } F65-51-2116551-2-4 'assessment form (EAF). Not all questions asked in the EAF are t-_„� / answered by the EAF Mapper. Additional information an any FAF E 65.51 2 2 1 5 513-74 question can be obtained by consulting the EAF Workbooks. Although 165 5A$y1: r3165.51 1rT95.51-2 69165. 1'-2 3 the EAF Mapper provides the most up-to-date digital data available to 1655.1,5 1A4165 51 1 20165.51 2,-70 f it i-r- DEC, you may also need to contact local or other data sources to {165.11.5-3i)2 4 L— '"'•d confirm data provided by the Mapper or to obtain data not provided by the Mapper. y 1¢5 51'2c59 {{{ 51 2-67J 5T 2 61� 165.�1 2��-0F�lk.,`r 1£ .51 2 66r16a5'-51 2 60165 r51-2 55 ?Bane Klnpatm Monjop 5 1 4 165-59�2 f68 j •, '� ,,,�` • S t i y tt-171 �' d r 165.512�8 y I, Sal r ! gs 165:514-101 iaranto-�"_. .,eo- ( 4 li /11�eye` ?r s Hammon r "s d.2iy` 65512 651 551t262. n"'� rByt6lrr aameater I}l nY4r1ti-.�xy t 165512-63i65.51-2-57 165.$1=2-75wAlBany- 51128 j 185�51 2 �9 J ti s; 165,51-'7-27 f r , ' 1 I�18 1651.51 -1 -26 � i i 1'71oz' 111 Part 1 / Question 7 [Critical Environmental [No Area] Part 1 / Question 12a [National or State :Yes Register of Historic Places or State Eligible Sites] Part 1 / Question 12b [Archeological Sites] !No Part 1 /Question 13a [Wetlands other �Dlgital mapping data are not available or are Incomplete. Refer to EAF Regulated Waterbodies] Workbook. Part 1 / Question 15 [Threatened or iNo Endangered Animal] _. Part 1 / Question 16 [100 Year Flood Plain] bigital mapping data are not available or are incomplete. Refer to EAF ;.Workbook. Part 1 / Question 20 [Remediation Site] 1Yes Short Environmental Assessment Form - EAF Mapper Summary Report t COOPER SERVING ATTORNEYS AT LAW • ESTABLISI'IED 1785 coopererving.com SUSAN CARROLL PICOTTE PHILLIP G. STECK COOPER ERVING & SAVAGE LLP KELLY L. MALLOY POGODA 20 CORPORATE WOODS BLVD, STE. 501 DAVID C. ROWLEY ALBANY, NEW YORK 12211 CARLO A.C. DE OLIVEIRA « (518) 449-3900 CAROUNE W. T. LAN FACSIMILE (518) 432-3111 MATTHEW E. MINNIEFIELD n SERVICE BY FAX OR EMAIL DENNIS W. HABEL NOT ACCEPTED LUISA LAMPREA BARRAGAN *ABC ADMTTED IN VERMDNT Reply to TTELISKY@coopereNing.com +A6o ADMmED IN MRssAl USEm direct dial (518) 432-3184 OAUO ADMITTED IN FMRIDA DALB ADMITTED IN NEW IBBIC' August 13, 2025 JAMES FENIMORE COOPER (1888-1938) WM. VAN RENSSELAER ERVING (1925-1940) B. JERMAIN SAVAGE (1910-1952) VIA E-MAIL & CERTIFIED MAIL - RETURN RECEIPT REQUESTED John T. Donnelly III, Code Administrator Department of Public Safety, City of Saratoga Springs 5 Lake Avenue, Suite 5A Saratoga Springs, New York 12866 T: (518) 587-3550, Ext. 2634 E: john.domtelly@saratogs-springs.org SENIOR COUNSEL TERRANCE P. CHRISTENSON MICHAELA. KORNSTEIN OECOUNSEL CHRISTOPHER P. FLINT' CAROLYN B. GEORGE JAMES D. UNNANo TIMOTHY B. THORNTON TREVOR J. TELISKY, RE: 75 CLINTON STREET, SARATOGA SPRINGS, NEW YORK 12866 NOTICE OF APPEAL AND OBJECTION TO NOTICE OF VIOLATION Dear Mr. Donnelly: We, the undersigned, are the attorneys for Dominick Fazioli ("Mr. Fazioli"), regarding Mr. Fazioli's real property located at 75 Clinton Street, Saratoga Springs, New York 12866 (the "Subject Property"). This instant letter ensues in response to your letter dated July 29, 2025, demanding that Mr. Fazioli remedy certain alleged violations of the Saratoga Springs City Code Unified Development Ordinance. At this time Mr. Fazioli by and through the undersigned denies the allegations of any violations as set forth within the letter and desires to be heard on the violations before COOPER ERVING AUGUST 13, 2025 the Zoning Board of Appeals pursuant to Section 240-20.2(D) of the Saratoga Springs City Code. Lastly, it should be noted that your letter of July 29, 2025, sets forth a compliance date of August 28, 2025, but further states that the cure date is ten (10) days after the date of your letter (July 29, 2025). Based on the foregoing contradiction and ambiguity, Mr. Faziofi interprets the cure date to be August 28, 2025, in accordance with New York State Law. Notwithstanding the foregoing, this instant letter ensues to note Mr. Fazioli's desire to appeal your July 29, 2025, Letter Order and the alleged violations stated therein. We intend to submit a further comprehensive response to the alleged violations prior to the cure date of August 28, 2025, directed to the Zoning Board of Appeals. Please take notice that by the filing of this instant letter which constitutes Mr. Fazioli's Notice of Appeal, any further enforcement efforts of your July 29, 2025, letter order are stayed pending appeal in accordance with Section 240-20.2(D) of the Saratoga Springs City Code. Lastly, Mr. Fazioli reserves all rights and remedies available under the law. By submitting this instant letter Mr. Faziofi further expressly reserves the right to supplement this Notice of Appeal with a formal brief and petition in support of Mr. Fazioli's appeal. Should you have any questions or concerns, please do not hesitate to contact the undersigned directly. Thank you for your time and attention to this matter. Very Truly Yours, COOPER ERVING & SAVAGE LLP Trevor J. Telisky, Esq. CC: Mr. Gage Simpson, Chairman Zoning Board of Appeals City of Saratoga Springs 474 Broadway Saratoga Springs, New York 12866 VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED --2--