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HomeMy WebLinkAbout20261000 Crescent Ave & Jefferson St Liberty Area Variance - Extension Application—HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED" °`' s� CITY OF SARATOGA SPRINGS 1. �! ZONING BOARD OF APPEALS CITY HALL - 474 BROADWAY SARATOGA SPRINGS, NEW YORK 12866-2296 •,; TEL: 518-587-3550 X2533 www.saratoga-springs.org AI APPLICATION FOR: INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION [FOR OFFICE USE] (Application #) (Date received) -----.... — _- — (Project Title) Check if PH Required Staff Review APPLICANT(S)* OWNERS (If not appAcant) ATTORNEY/AGENT LIBERTY AFFORDABLE HOUSING INC Name 117 W LIBERTY STREET, #4 Address ROME, NY 13440 315-334-9333 Phone / Email Primary Contact Person: Applicant STEPHANIE FERRADINO 63 PUTNAM ST., STE 202 SARATOGA SPRINGS, NY 12866 518-260-1229 / STEF@FERRADINOFIRM.COM 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 CRESCENT AVEMEFFERSON 1. Property Address/Location: 179 5 8 Tax Parcel No.: (for example: 165.52 — 4 — 37 ) 04/1 /2026 U R-4 2. Date acquired by current owner: 3. Zoning District when purchased: VACANT U R-4 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? ® Yes (when? 06/17/2025 For what?HEIGHT VARIANCE ) 1Z 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? EXTENSION APPLICATION AS CLEARING, BUT NOT ACTUAL CONSTRUCTION 8. Brief description of proposed action: AS DEFINED IN THE LIDO, WILL HAVE STARTED PRIOR TO THE DECEMBER 2026 EXPIRATION. 9. Is there an active written violation for this parcel? ❑ Yes V 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) 2 VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) ❑ AREA VARIANCE (pp. 6-7) Revised 01/2031 ZONING BOARD OFAPPEAL5APPLIGATION FORM PAGE 2 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) 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): 6/17/25 I . Date original variance was granted: 3. Date original variance expired: 12/2/26 2. Type of variance granted? ❑ Use Z Area 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? FUNDING FOR THE PROJECT THROUGH THE STATE PROCESS WAS LENGTHY AND THE TIMING WAS OUT OF THE HOWEVER, "ACTUAL CONSTRUCTION" AS DEFINED IN THE UDO REQUIRES "THE FASTENING OR PLACING OF CONSTRUCTIOIN MATERIALS IN A PERMANENT MANNER; THE EXCAVATION OF A BASEMENT, OR THE DEMOLITION OR REMOVAL OF ANY EXISTING STRUCTURE IF NO NEW CONSTRUCTION IS APPROVED." WITH A PROJECT OF THIS SIZE, THAT STEP WILL NOT BE TAKEN WTIHIN THE NEXT FEW MONTHS. 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: THERE HAVE BEEN NO SIGNIFICANT CHANGES ON THE SITE, THOUGH CLEARING OF THE SITE SHOULD BEGIN IN EARLY NOVEMBER IN CONTEMPLATION OF THE PROJECT FOR WHICH THE VARIANCE WAS GRANTED. NO SIGNIFICANT CHANGES HAVE OCCURRED IN THE NEIGHBORHOOD. THE CIRCUMSTANCES UPON WHICH THE ORIGINAL VARIANCE WAS GRANTED HAVE NOT CHANGED. Revised 01/2021 ZONING BOARD OFAPPEALSAPPLICAT/ON FORM PAGE B 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? m 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: do Z D Z(o (applicant 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: Date: Date: Revised 01/2021 -vu.r ,ui.pp.—'s Project: Date : Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination ofSigniftcance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. • Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. For any responses on Part 2 which were identified as "yes; all impacts were found to be either "no" or "small impact may occur.' Because the impacts were minor. there will be no significant environmental impacts relating to the project Determination of Significance - Type I and Unlisted Actions SEQR Status: ® Type I ❑ Unlisted Identify portions of EAF completed for this Project: ® Part I [R] Part 2 ® Part 3 Upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the itilde and importance of each identified potential impact, it is the conclusion of the ; C'o L) as lead agency that: ❑X A. This project will result in no significant adverse impacts on the environment, and, therelore, an environmznial impact statement need not be prepared. Accordingly, this negative declaration is issued. ❑ B, Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the rollowing conditions which will be required by the leadagency: There will, thcrct'orc, be no significant adverse impacts from the project as conditioned. and, therefore, this conditioned negative dcclartion is issued. A conditioned negative declaration may be used only for UNLISTL-D actions (sec 6 NYCRR 617.7(d)). ❑ C. This Projcct may result in one or more significant adverse impacts on the environment, and in environmental impact statement Hurst be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Namc of Action: LIBERTY SARATOGA WORKFORCE HOUSING Name of Lead Agency: CITY OF SARATOGA SPRINGS - CITY COUNCIL Name or Responsible Officer in Lead Agency: RONALD HIM Title of Responsible Officer: MAYOR Signature of Responsible Officer in Lead Agency: i Darr. Signature of Preparcr (if different from Responsible Officer) f Date: 3 For Further Information: Contact Person: SUSAN BARDEN, SENIOR PLANNER Address: CITY OF SARATOGA SPRINGS - PLANNING DEPT 474 BROADWAY, SARATOGA SPRINGS, NY 92866 Telephone Number: 518-587-3550 EXT. 2493 E-mail: SUSAN.BARDEN@SARATOGA-SPRINGS,ORG For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e._=.. Town / City ! Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: httrz:;;hv�tiw.cicc.ny. nv/enb/cnh.hunl PRINT FULL FORM I Page 2 of 2 r;rncn CITY OF SARATOGA s, SPRINGS ZONING BOARD OF APPEALS —"' CITY MALL- 474 BROADWAY Nc�RPJRATED �g\y SARATOGA SPRINGS, NEW YORK 12866 518-587-3550 W W W. SARATOGA-SPRINGS.ORG # 20250307 IN THE MATTER OF THE APPEAL OF Liberty Affordable Housing Inc. 117 W Liberty Street Rome, NY 13440 Gage Simpson,Chair Brendan Dailey, Vice Chair Shafer Gaston Amanda Demma Jonah Cohen Otis Maxwell Chris LaPointe Chris Maslak (Alternate) Robert Rest (Alternate) From the determination of the Building Inspector involving the premises at the corner of Crescent Ave. and Jefferson St. in the City of Saratoga Springs, NY, being tax parcel number 179.-5-8 on the Assessment Map of said City. The Applicant having applied for an area variance to permit construction of an affordable housing complex in the Urban Residential 4 (UR-4) District and public notice having been duly given of a hearing on said application on June 2°d, 2025. 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 Requirement Proposed Relief Requested 40' 48' 8' (20%) Maximum Height As per the submitted plans or lesser dimensions, BE APPROVED for the following reasons: 1. Achievability by Other Means: The applicant has demonstrated this benefit cannot be achieved by other means feasible to the applicant. The applicant considered other alternatives, including an alternative roof line; however, the applicant noted that the alternative design was considered undesirable by the Planning Board. Undesirable Change: The applicant has demonstrated that this granting this variance will not create an undesirable change in neighborhood character and does not negatively alter the streetscape. The applicants provided the Board with information on comparable heights in the district, most notably the Saratoga Casino and Raceway Hotel. The residents living off of Jefferson Street on Clubhouse drive will have limited ability to see the property because of the nearly 20 acres of canopy on the corner of Crescent and Jefferson Street. 3. Substantiality: The requested variances may not be considered substantial; however, substantiality is further mitigated per above. 4. Adverse Effort or Impact: The applicant has demonstrated that granting this variance will not have an adverse physical or environmental effect on the neighborhood. Much of the parcel will remain forested and protected as there is an active wetland present on the property. Furthermore, district permeability will be met. Page 1 of 2 5. Self -Created Difficulty: The request for relief is a self-created hardship as the applicant wishes to build this complex however, self -creation is not necessarily fatal to the application. Notes: The Saratoga County Planning Board previously issued a favorable advisory opinion and a Negative SEQR Declaration was issued by the City Council on 1/3/23. Passes by the following votes on June 2, 2025: AYES: 6 (G. Simpson, B. Dailey, J. Cohen, C. LaPointe, S. Gaston, 0. Maxwell) NAYES: 0 ABSTENTION: 1(A. Demma) 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 the Unified Development Ordinance. 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, seven members of the Board being present. SIGNATURE: CHAIR Page 2 of 2 06/17/2025 DATE RECEIVED ACCOUNTS DEPT. i k FERRADINO _ „BUSINESS & LEGAL_ �-- STRATEGY FERRADINO FIRM, PLLC Stephanie W. Ferradino, Esq, • stetaferradinofirm.com October 27, 2026 Saratoga Springs Zoning Board of Appeals Via Hand and Electronic Delivery City Hall — 474 Broadway Saratoga Springs, NY 12866 Re: Liberty Saratoga Apartments Jefferson Street and Crescent Ave, Saratoga Springs, NY 12866 Dear Julia: Enclosed please find the following documents related to the submission of an application for an extension of the height variance granted in June 2025 on the above -mentioned property. As I am sure you know, the zoning board previously granted this relief, but the approval will expire in advance of the Liberty team affixing anything to the site. As such, we submit the request for the extension and the following forms: 1. Completed and executed extension application; 2. SEQR Neg Dec; 3. Decision on prior variance seeking the same relief; and 4. Renderings demonstrating height. SEQR was completed in connection with this action when the zoning map amendment was approved by the City Council. The check for the application fee in the sum of $575.00 is enclosed. Under separate cover, I have provided an electronic version of this application for dissemination and publication on the city's website. Please add this application to the Zoning Board of Appeals' meeting agenda and advise if anything further is required. Thank you. Very truly yours Stephanie W. Ferradino Enc. 63 Putnam Street, Suite 202 Saratoga Springs, New York 12866 (518) 260-1229 www.ferradinofirm.com