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Home My WebLink About20200208 Stewarts Shops Redevelopment Updated Application 5-5-20 ``�}{,�,,� s� CITY OF SARATOGA SPRINGS 1. � ~ '� � j, ZONING BOARD OF APPEALS --, `_' .y�... � `J- �i� — � Gi�l-y Ha.(,l, - 4 74 f3�o-ad.�nra-y 3�� ,� .` S a-ra�-a�a S pri.v�.gs-� N e-w-Yo-�k�12 8�� '^� q.`� Te(,: 518-587-3550 faw 518-SSD-9480 �'rc��Ga�iF.G 1 INSTRUCTIONS APPEALTO THE ZONING BOARD FORAN INTERPRETATION, USE VARIANCE,AREAVARIANCE AND/ORVARIANCE EXTENSION APPLICATION REQUIREMENTS I. E��B��n: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. CoMP�ETE SuBM�ss�oNs:Applicants are encouraged to workwith City staff to ensure a complete application.The ZBAwill only consider properly completed applications that contain I origin�l and I digitalversion ofthe 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". Fees are cumulative and required for each request below. ❑ Interpretation $500 ❑ Use variance $I,000 �Area variance - Residential use/property $200 - Non-residential use/property$600 ❑ Extensions $I 50 Check City's website (wwwsaratoga-springs.org) for application meeting dates. Revised Ol/2019 ZON/NG BOARD APPEAL APPUCAT/ON/NSTRUCT/ONS PAGEZ 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 Sarato�legal notices at least 5 days before the hearing. Applicants must pay The Sarato�for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled. PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy 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 I 00 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 any other materials in this mailing. The mailing must be certified bythe U.S. Post Office. Priorto the public hearing, applicants must presentthe 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 Ol/2019 ,�`,1,��r 1 ��J �FOROFFICEUSE� • � r , j C I TY OF SARATOGA S PRINGS : ! ` A ' ♦�♦ (Application#) � Gi�l-y Ha.(,l, - 4 74 f3 ro-ad.�nra-y t / Sa-ra�l-a-ga S pri.v�.gs-, N e-w-Yo-�k�12 8�� - �'�•,,� . � T21.,: 518-587-3550 faw 518-SSD-9480 ''c- � �`' (Date received) .JijF�,�,..QiF-C' \G APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE,AREAVARIANCE AND/ORVARIANCE EXTENSION APPLICANT(S)� OWNER(S) �/fnotapp/icant) ATTORNEY�AGENT StewarYs Shops Corp. Anderson Holdings LLC Name P.O. Box 435 416 Union Ave Address Saratoga Springs, New York 12866 Saratoga Springs, New York 12866 (518)581-1201 ext 4435 Phone / / / cmarshall@stewartsshops.com 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: m Owner ❑ Lessee m Under option to lease or purchase PROPERTY INFORMATION 402 Lake Avenue (NYS Rt 29) 166. 3 26&5. I. Property Address/Location: Tax Parcel No.: - - 1 (for examp/e: /65.52—4—37) 1990 Rural Residential 2. Date acquired by current owner: 3.Zoning District when purchased: StewarYs Shop and Vacant Land Rural Residential 4. Present use of property: 5. Current Zoning District: 6. Has a previous ZBA application/appeal been filed for this property? �Yes (when? pnril 1 QQfI For what?i i�oinroa \/arianroe � ,-,, � No 7. Is property located within (check all that apply)?: ❑ Historic District ❑Architectural Review District m 500'of a State Park,city boundary,or county/state highway? Stewart's Shops will seek Area Variances enabling the pursuit of Site Plan Approval 8. Brief description of proposed action: for the construction of a new 4,130 square foot convenience store and two gasoline fueling canopies. 9. Is there a written violation for this parcel that is not the subject of this application? ❑Yes �No I 0. Has the work, use or occupancy to which this appeal relates already begun? �Yes �No I I. Identify the type of appeal you are requesting (check a//thatapp/y� ❑ INTERPRETATION �P. 2� ❑VARIANCE EXTENSION �P. 2� ❑ USE VARIANCE �PP. 3-6� �AREA VARIANCE �PP. 6-7� Revised Ol/2019 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEZ FEEs:Make checks payable to the"Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $ 500 ❑ Use variance $I,000 m Area variance -Residential use/property: $ 200 -Non-residential use/property: $ 600 ❑ Extensions: $ 150 INTERPRETATI�N—PLEASE ANSWER�HE 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 relieft dYes ❑No 4. If the answer to#3 is "yes,"what alternative relief do you request?❑ Use Variance ❑Area Variance E�CTENSION �F A VARIANCE—P�EASE ANSWER�HE 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 Ol/2019 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE6 AREA VARIANCE—PLEASE ANSWER�HE FOLLOWING(add additional information as necessary): The applicant requests relief from the following Zoning Ordinance article(s) Zoning Ordinance 2.0-Table 3 Dimensional Requirements From To Lot Coverage 55%�:xisting 67%Current(Code 20%max) Side Yard Setback-Building to South 30 feet 20 feet Front Yard Setback-Northern Canopy 30 feet 27 feet (Code 60 foot setback) 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. In 1990 a Use Variance along with a series of Area Variances had been approved for the construction a convenience store and two gaso ine canopies. or e recons ruc ion o occur e reques e re ie is necessary. 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: The existing convenience store has been there since 1990 and the"neighborhood"evolved around it and many improvements wi ring t e ui ing into c oser aest etic a ignment wit its surroun ing. Revised Ol/2019 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGE7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: The most substantial variance is the lot coverage but the increase is not substantial in comparison to what was previously approved. 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: The variances will not have an adverse impact on the neighborhood as it is a continuation of the current property. 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: The variance is not self-created in that a Use Variance was previously approved and the commercial element not considered in the zoning. Revised Ol/2019 ZON/NGBOARD OFAPPEALSAPPL/CAT/ONFORM PAGEB 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. `��n �n_...c�-�( Cc�,4��;Ms:sti�,i) Date: May 5,2020 (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: Revised Ol/2019 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING APPLICANT: TAX PARCEL NO.: - - PROPERTYADDRESS: ZONING DISTRICT: This applicant has applied to use the identified property within the City of Saratoga Springs for the following: This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) .As such,the following relief would be required to proceed: ❑ Extension of existing variance ❑ Interpretation ❑ Use Variance to permit the following: ❑Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: ❑Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised Ol/2019 Sho�t Envi�onmental Assessment Fo�m Pcz�t I - P�oject Info�mcztion Instructions for Completin� Part 1—Piroject Informafion. The applicant or project sponsor is responsible for the complefion 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 StewarYs Shops Corp. Name of Action or Proj ect: StewarYs Shops Redevelopment-Lake Avenue Proj ect Location(describe, and attach a location map): 402 Lake Avenue Brief Description of Proposed Action: StewarYs Shops is seeking Area Variances that will enable the pursuit of Site Plan approval for the existing shop at the intersection of Lake Avenue and Gilbert Road. Upon successful achievement of these approvals, StewarYs will develop a 4,130 square foot convenience store with two gasoline canopies for self-service gasoline filling. Name of Applicant or Sponsor: Tele hone: � P (518 581-1201 StewarYs Shops Corp. E-Mall: cmarshall @stewartsshops.com Address: P.O. Box 435 City/PO: State: Zip Code: Saratoga Springs New York 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES 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. 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? �.66 acres b.Total acreage to be physically disturbed? �.25 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or proj ect sponsor? �.66 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial � Residential(suburban) ❑Forest ❑ Agriculture � Aquaric ❑ Other(Specify): ❑Parkland B°��:y�� I €r�` � 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? � � � b. Consistent with the adopted comprehensive plan? � � � NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ � 7. Is the site of the proposed action located in,or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes,identify: � � NO YES 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? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: Meet but does not exceed. ❑ � 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑ � 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment ❑ ❑✓ 12. a.Does the project site contain,or is it substantially conriguous to,abuilding,archaeological site,or district NO YES which is listed on the Narional or State Register of Historic Places,or that has been determined by the � � Commissioner of the NYS Office of Parks,Recrearion and Historic Preservarion to be eligible for lisring 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? 13. a. Does any porkion of the site of the proposed action,or lands adjoining the proposed action, contain NO YES 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: B��=.y�� ' ��` � 14. Identify the typical habitat types that occur on,or are likely to be found on the proj ect site. Check all that apply: ❑Shoreline 0 Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑Wetland ❑ Urban � Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? � � 16. Is the proj ect 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? NO YES If Yes, � � a. Will storm water discharges flow to adjacentproperties? � � b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? � � If Yes,briefly describe: Established conveyance will be utilized for on-site control and discharge. 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon, dam)? If Yes,explain the purpose and size of the impoundment: � � 19. Has the site of the proposed action or an adjoining properly been the location of an active or closed solid waste NO YES management facility? If Yes,describe: � � 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes, describe: � � NYSDEC Environmental Remediation Site: 546008-Saratoqa Sprinqs Landfill I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE App11C3nt/SpOnsoi/name: StewarYs Shops Corp. D3te: May 5,2020 Signature: �� (Charles Marshall) Title: Real Estate Rep PRINT FORM ��,,�� , 4��, EAF Mapper Summary Report Tuesday, May 05, 2020 12:13 PM DiSCleimel': The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a substitute for agency determinations. �+��i �. � � CDtltrNn h1 cnac7l � � � � �° � �ar�t�� pi�inc��; �b'� ��Q - Turc�nta _ �,�.v . �r :�w'�:�.. �IIh.'6��. r�[•.r.�l�v:�rvf � L 8 � , � �F�X:IfP'� � _ �,qetre5l t � F3�:�s t='�?�7 �1��1�1�#�tl9 ��tn�I�.I�YiC�r P Sa�rc�s: Esri, HER.E, .^arj-riin, U9G9, . Interma�, IrJCRE��,IEWT F;7JR.�`an, Esri f��. y�,t1�� Japen,�:�1E,Tl, EsriChina �F��r�g K€argr,Esri , � '��u:�s: Esri. rE=E. �.a,^-i�. Kc+rea, Exri;Thailerd}, 6�:uC, ;^� �� ColGim�ri.ir ';Fdattc�ezr,�h ��I�7i9.�k��,'��, I'•��v�Er1E�t,T ^�=r5{r__tf�,1a� .��t�i��tc�s. a�u t�=^18 F, 'i�v��, Eari.��r r�:1ETl. .,a�v�mn-:�rib L:iiy�5:�1 �yr ''^ira ';—��g I{�r�i. Eari — � 1 �4"�a:,��i��Cit�� Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other Yes - Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15 [Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 /Question 20 [Remediation Site] Yes Short Environmental Assessment Form - EAF Mapper Summary Report 1