ZBA refers 16 Excelsior Spring subdivision to Planning Board after residents raise flooding, sidewalk and privacy concerns

The Saratoga Springs City Zoning Board of Appeals on April 28 opened a public hearing and referred an application to subdivide 16 Excelsior Spring Avenue into two lots to the Planning Board for an advisory opinion. The applicant was represented by engineer Tonia Yesenchuk of Y Engineering; owner Jessica Crawford was present.

Yesenchuk told the board that the proposal would create a new compliant lot fronting Audrey Lane while the existing house on the remaining lot would become nonconforming to current setbacks because of the new lot line. She said the application seeks variances only for the existing house (setbacks), not for the newly created lot. "We're not asking for variances in relation to the new lot, we're only asking for variances, for the existing house," Yesenchuk told the board.

Under the Unified Development Ordinance (UDO) as discussed at the meeting, the change in lot lines converts what had been a side or front under the older code into a corner side and a rear under the new rules. The application cites the existing corner-side setback at about 5.7 feet from the property line along Audrey Lane where the UDO requires 25 feet for a corner side. The applicant said the closest rear-yard dimension to the current roofline would be about 12.6 feet where the UDO requires 30 feet to a rear property line.

Board staff (Jackie) advised that when a proposed plat creates noncompliant lots the ZBA "shall request the planning board to provide a written recommendation" under New York State general city law, a referral the board and applicant expected. The board majority made that referral; a motion to send the matter to the Planning Board for advisory review was made and seconded during the meeting. The audio and transcript do not give a roll-call vote tally; the record shows the board proceeded with the referral and discussion of next steps.

Several nearby residents spoke during the public hearing. Chris O'Leary, who said his family has lived at 17 Elizabeth Lane since 1952 and is about 10 feet from the proposed Lot 2, described flooding on the parcel and privacy concerns if a new dwelling were built: "There's terrible flooding where Lot 2 was proposed. It's 2 feet deep..." He said Audrey Lane was originally a dirt trail associated with the original property owners and argued the street is narrow, unlit and lacks sidewalks.

David Wertheim, who lives at 17 Excelsior Spring Avenue opposite the site, highlighted the application language calling for installation of sidewalks and asked the board and planning review to clarify what sidewalk installation would mean in practice for a section of Excelsior Spring and Audrey Lane that currently lacks sidewalks. "It does say it's a requirement in the application, so I really would like to highlight that the residents of this neighborhood would like to know what that means," Wertheim said.

Other residents reiterated concerns about traffic, the narrowness of Audrey Lane, the neighborhood character and the potential for short-term rentals; one speaker asked whether the lot division would set a precedent allowing other rear-lot construction in the area.

Board members asked the applicant to provide neighborhood comparables (setbacks in nearby properties) to help the ZBA assess consistency with the surrounding context. The applicant said she would attempt to gather comparable examples from Google Maps and other sources. Planning-board review will follow the ZBA referral; the board noted that the Planning Board typically addresses subdivision elements such as sidewalks, street trees and lighting as part of subdivision approval.

The ZBA made a motion, seconded, to refer application number 2025266 (16 Excelsior Spring) to the Planning Board for an advisory opinion; the transcript does not record a roll-call vote tally. The public hearing for this matter remained open for additional written submissions to staff and for the Planning Board process.