HomeMy WebLinkAbout20200177 254 Washington St Application HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED!!
JFOR OFFICE USE1
CITY OF SARATOGA SPRINGS
- -, ; Planning Board Application 8)
CITY HALL-474 BROADWAY
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• SARATOGA SPRINGS, NEW YORK 12866-2296 Date,received)
'Irc'RAORATED ,a''`' TEL:518-587-3550. FAX:518-580-9480
HTTP:/AM/VW.SARATOGA-SPRINGS.ORG
APPLICATION FOR: SPECIAL USE PERMIT (Rev:8-8-19
Project 254 Washington Street
Name:
Property
Address/Location:
254 Washington Street, Saratoga Springs
Tax Parcel#: 165.15'1-9 Zoning District:Transect - 5
(for example: 165.52-4-37)
Proposed Use:
PRINCIPAL:"Automobile Garage"P'Automotive Sales"/"Equipment Repair ShopThlotor Vehicle Repair''ACESSORY:"Car Rental Agency"/"Office"
Type of Special Use Permit: ❑ Permanent ❑ Temporary ❑ Renewable n Modification
APPLICANT(S)* OWNERS)(If not applicant) ATTORNEY/AGENT
Name BUENOS HILL INC. BUENOS HILL INC. William R. DiCenzo
Address
9 Vila rd e n Drive 3462 Junction Blvd.Jackson Heights,NY 11372
Phone 5183900981 6465777146
Email William a@buenoshill.com william@dicenzolaw.com
Identify primary contact person: 0 Applicant ❑ Owner i Agent
*An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in
question.
Please check the following to affirm information is included with submission.
■.[] Sketch Plan Attached:
Applicant is encouraged to submit sketch plans showing features of the site and for neighborhood and illustrate
proposed use.
0 Environmental Assessment Form:
All applications must include a completed SEAR Short or Long Form. SEQR Forms can be completed at
http://www.dec.ny.gov/permits/6191.html.
H Water Service Connection Agreement- For all projects including new water connections to the City system,
a copy of a signed water service connection fee agreement with the City Department of Public Works is
required and MUST be submitted with this application.
[Application Fee: $900.00 ..., $300 - modifications (check box)
A check for the total amount made payable to: "Commissioner of Finance" MUST accompany this
application.
City of Saratoga Springs p.1 of 2
Application for Special Use Permit
• 3 hard copies (*1 signed original) and one electronic copy (PDF) of complete application and ALL
attachments.
Submission Deadline - Check City's website (www.saratoaa-springs.orq) for meeting dates.
Does any City officer, employee or family member thereof have a financial interest(as defined by General
Municipal Law Section 809) in this application? YES NO x . If YES, a statement disclosing the
name, residence, nature and extent of this interest must be filed with this application.
I, the undersigned owner, leasee or purchaser under contract for the property, hereby request Special Use
Permit approval by the Planning Board for the identified property above. I agree to meet all requirements
under Section 240-7.1 of the Zoning Code of the City of Saratoga Springs.
Furthermore, I hereby authorize members of the Planning Board and designated City staff to enter the property
associated with this application for purposes of conducting any necessary site inspections relating to this
application. '
Applicant Signature: � adraw Gr-� Date: 3//41
If applicant is not current owner, owner must also sign.
Owner Signature: ff-UVeh*.c ektL 1ItC . Date 3/id/2- 0
4,1.6%.,%. 4 61-4%.,1
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City of Saratoga Springs p.2 of 2
Application for Special Use Permit
a
LAW OFFICE OF WILLIAM R. DICENZO
ATTORNEY&COUNSELOR AT LAW
34-62 JUNCTION BLVD.-JACKSON HEIGHTS,NY 11372
OFFICE:(929)462-0444 FAX:(929)462-0441
March 10, 2020
Via Hand
City of Saratoga Springs Planning Board
474 Broadway—City Hall
Saratoga Springs, New York 12866
Re: Application for Permanent Special Use Permit
254 Washington Street
Dear Sir or Madam:
I represent Buenos Hill Inc. and submit this letter on behalf of the applicant and in
support of the issuance of a permanent special use permit for 254 Washington Street. The
applicant is seeking the following principal uses: "Automobile Garage," "Automotive Sales,"
"Equipment Repair Shop,"and"Motor Vehicle Repair,"as those terms are defined in the City of
Saratoga.Springs Zoning Ordinance (hereinafter"Zoning Ordinance"). The applicant is also
seeking the following accessory or incidental uses: "Car Rental Agency"and"Office."
Buenos Hill Inc. is both the owner and the applicant. Further, Buenos Hill Inc. is
comprised of the children of William& Elizabeth DiCenzo,previous owners of the property
since in or about 1983.
To my knowledge, the City of Saratoga Springs has no or very minimal records and
documentation for 254 Washington Street. Therefore,the application is being made directly to
the Planning Board instead of by referral. The present owners wish to establish and make a
record going forward to avoid confusion and unnecessary time and future expense and to make it
easier for a future potential lessee to open a business consistent with the proposed uses.
History of the Property
Based upon conversations with my father and upon my research and recollection, it is
believed the current building was built as an automotive service and repair shop in or about 1970
or earlier by Ed Shepherd who owned a Dodge dealership Iocated at 82 Church Street.'
The building was later used as a hardware store up until around the mid-1970s.
Thereafter, from about 1977— 1988 it was used as a Kawasaki motorcycle dealership. In the
1990's it was used as a carpet sales and warehouse and I believe by the late 1990s again as an
automotive garage.
'See annexed hereto as Exhibit A."Property Description Report and May 9, 1969,advertisement."
City of Saratoga Springs Planning Board
March 10, 2020
Page 2 of 5
From at least 1999-2019 it was used as both an automotive garage and ear sales
dealership. From about 1999--2016 James Paddock was doing business as"American
Transmission Center." From about 2016-2019, Jesse Dutcher was doing business as"Rt. 29
Garage." Both businesses held registered Motor Vehicle Repair Shop and Dealer and Transporter
licenses.2
The main portion(``garage") side of the building consists of cinderblock and steel beam
construction. I believe the side portion("sales and office") was an addition to the main building
constructed sometime in the 1970s and is of wood-frame construction. In the late 1980s,the
original flat roof was replaced with a pitched roof.
The inside of the building now consists of three distinct sections. The garage portion, the
sales and office portion, and behind the sales portion roughly another 700 square feet of general
operational floor space.
Zoning
The City of Saratoga Springs 2015 Comprehensive Plan designates the area as
Community Mixed Use "CMU,"which includes areas of moderate density residential and
community-supported commercial use. The Zoning District is Transect-5 Neighborhood Center
"T-5," and the district intent is "to accommodate a wide variety of residential and non-residential
uses, building and frontage types. This district also focuses on providing quality streetscape
amenities and civic spaces to enhance pedestrian activity.-
Within the Zoning Ordinance, under Table 2: Use Schedule, Uses Permitted With Special
Use Permit and Site Plan Approval, all uses are allowable in the T-5 district, "except `permitted
accessory uses and structures' and prohibited uses,"Those"permitted accessory uses and
structures" include residential accessory structures and home occupation.
Within the Zoning Ordinance, under Section 2.2 "Use Schedule," Subsection E.
"Prohibited Uses," auto sales and services are only prohibited within the T-5 Districts within the
"Northern South Broadway Area,"designated a"Special Development Area,"within the
Comprehensive Plan. Notably, the T-5 zone near Washington Avenue and West Avenue is not
part of this prohibited use district.
Specifically, within the Zoning Ordinance, under Section 3.1 "Transect Zone Design,"
Subsection 3.1.1 "Intent and Applicability,""In contrast to traditional zoning districts that
regulate one use from another, Transect Zones are designed to be more flexible with a focus on
sound architectural and site design elements to encourage creative and sustainable new and in-fill
development. The intent of the Transect Zones is to encourage a diversity of complementary
uses, promote successful urban form, extend traditional circulation systems with interconnecting
streets, reinforce a strong pedestrian emphasis, and provide for civic space.
22 See annexed hereto as Exhibit B,"DMV Freedom of Information Law Office Letter dated December 9,2019 and
accompanying documentation."
City of Saratoga Springs Planning Board
March 10, 2020
Page 3 of 5
Further,within the Zoning Ordinance, under subsection 3.1.4"Transect-5 Neighborhood.
Center, "Transect-5 Neighborhood Centers are intended to accommodate a variety and mixture
of residential and non-residential uses, building types, and lot sizes."
Therefore,the issuance of a permanent special use permit for the proposed uses is not in
conflict with any of the T-5 zoning ordinances and fits neatly within the more flexible approach
to zoning contained within the T-5 guidelines. Further, the current building meets all the
requirements for overhead garage doors and off-street parking for automotive sales and service
use. Said proposed uses are also consistent with past documented use.
Evaluation Criteria for Special Use Permits
Within the Zoning Ordinance, under Section 7.1.3 (A), "To ensure that the proposed use
will not adversely affect surrounding properties and community character, the Planning Board's
evaluation of Special Use applications shall include the following:
1. The extent to which the use is in harmony with and promotes the general purposes
and intent of the Comprehensive Plan and this Chapter.
2. The density, intensity and compatibility of the use with the neighborhood and
community character.
3. Safe and efficient pedestrian and vehicular access, circulation and parking.
4. Existing and future demand on infrastructure, public facilities and services.
5. The environmental and natural resources of the site and neighboring lands including
any potential erosion, flooding or excessive light, noise, vibration and the like.
6. The long-term economic viability of the site, neighboring properties and districts."
Here,permitting the special uses listed: "automobile garage,""automotive sales,"
"Equipment Repair Shop," and"Motor Vehicle Repair," and the accessory or incidental uses:
"Car Rental Agency"and"Office:"
1. Would be consistent with past use and in harmony with the general purposes and
intent of the Comprehensive Plan and the Zoning Ordinance as both uses fit within
the"CMU"designation and also within the"T-5"zoning district;
2. The density, intensity and compatibility of the proposed uses are consistent with the
neighborhood and community character, which includes a plumbing and supply
warehouse, the United States Postal Office, and the West Avenue Plaza, and most
recently, a large mixed-use commercial and affordable housing complex, which also
City of Saratoga Springs Planning Board
March 10, 2020
Page 4 of 5
contains "office"space. The neighborhood also includes Stewarts and Mobile Gas
Stations, Mohr's Service Center as well as Adirondack Tire Service;
3. The permitted uses would not affect safe and efficient pedestrian and vehicular
access, circulation, and parking. In fact,the improvements to the lot and parking will
ensure safer ingress and egress to the property;
4. The permitted uses would not place any additional demands on infrastructure, public
facilities, and services;
5. The permitted uses will have no impact on environmental and natural resources, and
6. The permitted uses will secure the long-term economic viability of the site,
neighboring properties, and districts. This property is located on the edge of the city
limits and the promoted uses will ensure and provide a boost to the business and
economic viability at the far reaches of the city. There are very little if any other
places to buy or rent automobiles within the City of Saratoga Springs. According to a
recent report by McKinsey& Company by the McKinsey Center for Future Mobility,
"The US used-car market is more than twice the size of the new-car segment and is
outpacing it in growth."Used vehicle sales are expected to increase faster than new-
vehicle sales over the next five years. Furthermore, historically, used-car sales have
had less volatile reactions to market shocks.3 With 158 units of newly created
affordable housing across the street, the permitted sale of affordable cars, rentals, and
repairs fit squarely within the needs of the community.
Accessory Uses
The sketch plan attached portrays the construction of three offices and a conference room
on the "sales and office" side of the building. One or more offices and the conference room can
be used for both sales, professional space, and car rentals. The conference room may also be
used virtually by local entrepreneurs wanting a mailbox and use of a conference room for work
and meeting space. To further that goal, the applicant is looking to add an 8-door CBU mailbox:
One mailbox for the garage space, one mailbox for each office, one mailbox for the remaining
floor space,and up to three additional mailboxes for additional business purposes.
Waiver of Formal Site Plan Review
Because the square footage of the building is not being altered and has been in continual
use unaltered since the 1970s, the applicant is respectfully requesting under the Zoning
Ordinance, Subsection 7.1.11 (B)the Planning Board waive formal site plan review as a
condition precedent before issuance of a special use permit. A site plan, as well as sketch plans,
are being included with the special use permit application and no new construction is being
proposed. To require a comprehensive new site plan for an existing building would be unduly
3 See annexed hereto as Exhibit C,"Used cars,new platforms:Accelerating sales in a digitally disrupted market."
City of Saratoga Springs Planning Board
March 10, 2020
Page 5 of 5
burdensome, unnecessary, and likely a waste of the Planning Board's valuable time and
resources. Furthermore,presumably,at one time, these records existed and were housed within
the City of Saratoga Springs. The City must have some recordation of all properties and this
submission furthers that goal.
I appreciate your time and consideration and will be available to take any questions
before and at the board hearing.
Very truly yours,
4)1114" id(
William R. DiCenzo