HomeMy WebLinkAbout20250907 75 Clinton St Interpretation NOVCity of Saratoga Springs
NOTICE OF VIOLATION AND
ORDER TO REMEDY
BUILDING DEPARTMENT CODE AND ZONING ENFORCEMENT FIRE DEPARTMENT
Patrick Cogan, Asst. Bldg Inspector John Donnelly, Code Administrator Joseph Dolan, Chief
Duane Miller, Asst. Bldg Inspector Julian Fonseca, Code Enforcement Technician Aaron Dyer, Asst. Chief
Jeanna Fritz, Asst. Bldg Inspector Gregory Mankes, Code Enforcement Technician Alan Hiltz, Act. Capt
Robert Kocis, Asst. Bldg Inspector
John Barney, Asst. Bldg & Const. Inspector
Richard Tiersch, Asst. Bldg & Const. Inspector
Name of Person/Entity: Dominick Fazioli
Registered Agent: Dominick Fazioli
Location of Violation: 75 Clinton Street, Saratoga Springs, New York 12866
Location of Person/Entity: 75 Clinton Street, Saratoga Springs, New York 12866
Date of Observation: 7/29/2025
Tax Parcel Number: 165.51-1-24
Please note the following violations(s) of either: Title 19 of the New York State Code Rules and Regulations;
Executive Law § 382; 2020 Uniform Building Codes of New York State; the Multiple Residence Law; and/or
the Saratoga Springs City Code exist as outlined below:
1. IN VIOLATION OF: Saratoga Springs City Code
CODE: SSCC
CHAPTER: 118
SECTION: 4 Building permits
Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall
be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not
limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any
building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance,
chimney or flue in any dwelling unit. No person shall commence any work for which a building permit is
required without first having obtained a building permit from the Building Department.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code by failing to
ensure the structure(s) located at the above cited property have been erected and/or altered with the benefit of an
official building permit and the corresponding inspection schedule. The work conducted at the above cited
property violates this provision with respect to multiple codes, including but not limited to those pertaining to
demolition, framing, and inspection schedule.
TO MEET COMPLIANCE:
At the time of review the permit for the pool located at the above cited property has expired and requires
renewal. The required plumbing permit for the pool heater identified in an email communication dated 20 April
2023 has not been acquired. Per the most recent communication from the Saratoga Springs Building
Department, the pool remains out of use and must be drained of water until such a time as a certificate of
occupancy is obtained. A final survey displaying the location of each safety device and all elements of the pool
barrier is required prior to the issuance of a certificate of occupancy.
2. IN VIOLATION OF: 2020 Property Maintenance Code of New York State
CODE: 2020 PMCNYS
CHAPTER: 105
SECTION: 2 Building permits
No person or entity shall commence, perform, or continue any work that must conform with the Uniform Code
and/or Energy Code unless:
1. Such person or entity has applied to the AHJ for a building permit,
2. The AHJ has issued a building permit authorizing such work,
3. Such building permit has not expired.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the 2020 Property Maintenance Code of New
York State by failing to ensure the structure(s) located at the above cited property have been erected and/or
altered with the benefit of an official building permit and the corresponding inspection schedule. The work
conducted at the above cited property violates this provision with respect to multiple codes, including but not
limited to those pertaining to demolition, framing, and inspection schedule.
TO MEET COMPLIANCE:
At the time of review the permit for the pool located at the above cited property has expired and requires
renewal. The required plumbing permit for the pool heater identified in an email communication dated 20 April
2023 has not been acquired. Per the most recent communication from the Saratoga Springs Building
Department, the pool remains out of use and must be drained of water until such a time as a certificate of
occupancy is obtained. A final survey displaying the location of each safety device and all elements of the pool
barrier is required prior to the issuance of a certificate of occupancy.
3. IN VIOLATION OF: Saratoga Springs City Code Unified Development Ordinance
CODE: SSCC UDO
CHAPTER: 240
SECTION: 13.9 (F) 1-Historic Review Applicability
1. Historic Review Applicability the following actions are subject to historic review when occurring on City
Landmarks and within Historic Review Overlay Districts: a. Construction, rehabilitation, alteration, or exterior
change to a structure that requires the issuance of a building or demolition permit. b. Installation of an awning,
sign, or sign structure that requires a building or sign permit, or such modification with respect to size,
materials, illumination, method of attachment, and color. c. Creation of additional paved area or repair to
existing paved areas. d. Installation of telecommunications facilities. e. Regardless of the requirement for a
building or demolition permit, any material change to the exterior appearance of a structure that affects the
historical characteristics and context of the district including: i. ii. Addition or removal of exterior architectural
features. Installation, removal, or change of materials on exterior building elements including but not limited to
roof, siding, windows, doors, porches, and the like. iii. Enclosure or screening of building openings including
but not limited to windows, doors, porches, and the like. iv. Installation of accessory utility, mechanical or
miscellaneous structures to the exterior of a building including but not limited to mechanical equipment, solar
panels, wind turbines, radio or satellite transmission/reception devices, and the like. f. Construction or alteration
of a fence or wall visible from the public right-of-way, excluding alleys. g. The following actions within a front
yard setback: i. ii. iii. Installation, removal, or change in material of driveways or walkways Installation or
removal of vegetative screening that exceeds three feet in height. Installation of accessory utility structures or
radio/satellite transmission/reception devices of two feet or more in diameter. iv. Installation, removal, or
change in Tier 2 solar energy systems. h. Change of the exterior color of any structure within a nonresidential
zoning district. i. j. Additional actions as set forth in item K.4 below occurring on or to a City Landmark. The
following actions are exempt from historic review: i. Ordinary maintenance or repair of any exterior feature that
does not involve a change in design, material, color, or outer appearance. ii. Installation of accessory
freestanding objects including but not limited to sculpture, tree houses, play equipment, clocks, fountains,
flagpoles, basketball hoops, and the like. iii. Installation of individual window air conditioning units, and radio
or satellite antennas/receivers less than two feet in diameter. iv. Replacement in-kind of any exterior feature that
is deteriorated beyond repair.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code Unified
Development Ordinance by failing to ensure the fences located at the above cited property were erected with all
required approvals within a Historic District.
TO MEET COMPLIANCE:
The 12' grey fence is non-compliant in height and location, and requires a variance granted by the Zoning Board
of Appeals prior to submission for approval from the Design Review Board. The 6' wood fence is non-
complaint in location and requires a variance granted by the Zoning Board of Appeals prior to submission for
approval from the Design Review Board.
4. IN VIOLATION OF: Saratoga Springs City Code Unified Development Ordinance
CODE: SSCC UDO
CHAPTER: 240
SECTION: 13.9 (F) 2- Architectural Review
The following actions are subject to architectural review by the Design Review Board when occurring within
the Architectural Review Overlay District: a. Construction, renovation, alteration, or exterior change to a
structure that requires the issuance of a building or demolition permit.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code Unified
Development Ordinance by failing to ensure the fences located at the above cited property were erected with all
required approvals within the Architectural Review Overlay District.
TO MEET COMPLIANCE:
The 12' grey fence is non-compliant in height and location, and requires a variance granted by the Zoning Board
of Appeals prior to submission for approval from the Design Review Board. The 6' wood fence is non-
complaint in location and requires a variance granted by the Zoning Board of Appeals prior to submission for
approval from the Design Review Board.
5. IN VIOLATION OF: Saratoga Springs City Code Unified Development Ordinance
CODE: SSCC UDO
CHAPTER: 240
SECTION: 9.5 J- Fences and Walls 2 Height
Fences and walls located within five feet of any lot line are measured from grade level on the adjacent
property's side of the lot line. Fences or walls located further than five feet from the lot line are measured from
the finished grade at the base of the side directed toward the abutting property or right-of-way. The maximum
height of fences and walls, including combinations of both, is as follows: a. In the residential and residential
mixed-use districts, maximum fence and wall height is as follows: i. In the required front and corner side
setbacks, a fence and/or wall is permitted up to a maximum height of four feet. ii. Fences or walls are limited to
a maximum height of six feet. b. In nonresidential districts, a maximum height of eight feet is permitted within
any nonresidential district, or along any boundary between a residential and nonresidential district. c. Light
fixtures, post tops, finials and other ornamentation above the mass of the wall or fence must not exceed 1/3 of
the permitted height of the fence or wall. Such ornamentation may be placed at intervals no less than eight feet
on average.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code Unified
Development Ordinance by failing to ensure all fences erected at the above cited property are compliant with
the provisions of the Unified Development Ordinance. The above cited property is non -compliant regarding
fence height, fence location, and required architectural and historic review for the fences.
MEET COMPLIANCE:
The 12' grey fence exceeds the maximum 4' height for its current location and must be removed. The 6'
stockade fence exceeds the maximum 4' height for its current location and must be removed or moved to a
compliant location outside the required front setback of the property. Both fences are subject to design review
board approval for the Historic district and Architectural review overlay respectively.
Be advised, any fence erected within the front or corner side setback is limited in height to 4' measured from the
grade at the property line.
ALL COMPLIANCE WITH THIS ORDER TO REMEDY VIOLATIONS OF THE STATE CODE IS
REQUIRED BY August 28, 2025, WHICH IS 10 DAYS AFTER THE DATE OF THIS ORDER. IF THE
PERSON OR ENTITY SERVED WITH THIS ORDER TO REMEDY FAILS TO COMPLY IN FULL WITH
THIS ORDER TO REMEDY WITHIN THE 10 DAY PERIOD, THAT PERSON AND/OR ENTITY WILL
BE SUBJECT TO A FINE OF NOT MORE THAN $1,000.00 DOLLARS PER DAY OF VIOLATION, OR
IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH.
Hearing and appeal from cited violations of the New York State Code Rules and Regulations may be made
pursuant to the Executive Law of the State of New York, Article 18 and Section 381(f) by contacting:
N.Y.S. Dept. of State, Codes Division, One Commerce Plaza, 99 Washington Ave., Suite 1160, Albany, NY
12231, 518-474-4073
Dated: July 29, 2025
_________________________________
John T. Donnelly III, Code Administrator
Department of Public Safety, City of Saratoga Springs
5 Lake Avenue, Suite 5A
Saratoga Springs, New York 12866
Phone: (518) 587-3550 Ext. 2634
Email: john.donnelly@saratoga-springs.org