DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
April 25, 2005
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:36 p.m.
Chairman
Stephen Bodnar led the flag salute and explained the Rules of the Board.
Clerk
Catherine Cicero called the roll: Chairman Stephen Bodnar – present, Thomas
Carringi – present, Barbara Faraone – present, Clifford Hanehan – present,
Joyce Waldinger – present, David Hall – present, James Burke – present, and
alternate Robert McConnell – present.
Also
present: Town Attorney William Reynolds
and Zoning Officer Robert Hathaway. [See attached Meeting Attendance Sign-In
sheet]
Approval
of Minutes: All board members present had read the minutes of the
February
28, 2005 meeting. A motion was made by David Hall and seconded by Barbara Faraone to
accept the minutes of the February 28, 2005 meeting as written. Chairman Stephen Bodnar – aye, Joyce
Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone –
aye, Clifford Hanehan – aye, and James Burke – aye. Carried 7 – 0
Order of Business:
AREA VARIANCE
Chris Lofgren
109 DeGarmo Rd.
Schuylerville,
NY 12871
S/B/L 156-2-16 & 19 Rural Residential
Chris Lofgren addressed the Board, seeking an area variance of 80’ for road frontage and 30’ for side setbacks on property fronting Rt. 29 in Grangerville in order to open a used car lot on 3.37 acres. The property fronts both Rt. 29 and DeGarmo Road. It was initially two separate lots, but is now combined into one lot, although Mr. Lofgren said he is still receiving two separate tax bills. Mr. Lofgren has already made some improvements to the lot, including the removal of an existing house. He intends to remove the mobile home located on the site. He stated that he had contacted neighbors with a petition regarding his proposed business; all but four signed the petition. Of those four, Mr. Lofgren stated that one couldn’t be contacted, one had no objections but preferred not to sign the petition, and two objected to the proposal.
The Applicant proposes to put 20 used cars, depending on how they fit, as well as a show room, and possibly an area for minor work, although the Applicant says that he does not intend to operate a repair shop on the lot.
The Board advised Mr. Lofgren to contact the State regarding driveway permits. A discussion followed on the heavy flow of traffic on Rt 29. Mr. Lofgren stated that his car lot might help to slow traffic in that area. He intends his main entrance to the lot to be from Rt. 29.
There was also a discussion about use of the property if the car lot was not approved. Town Zoning Officer Robert Hathaway stated that the parcel could be used for a single family dwelling, but the Applicant would probably need a variance to place the house further back from the road than the previous house. Mr. Lofgren has 159’ of frontage on Rt. 29 and 165’ of frontage on DeGarmo. Town Attorney William Reynolds advised that the two separate frontages could be considered as similar to that of a corner lot where they are combined to meet frontage requirements.
Chairman Bodnar noted that this proposal had been forwarded to the County for review. They responded that they would like to review the site plan showing the existing property, proposed drives and parking area for the used cars before reaching a determination. Chairman Bodnar then read a letter from the Town Historian determining that the parcel might be of historic interest to the Town. Town Attorney William Reynolds stated the letter was directed at any SEQR action which would take place at the Planning Board level; therefore, the Zoning Board of Appeals did not have to act on it.
Town Attorney Reynolds further advised that, although no final determination could be made on this matter until the County’s concerns had been satisfied, the Zoning Board of Appeals could go forward with the Public Hearing.
Proof of notice
having been furnished, Chairman Stephen Bodnar opened the Public Hearing:
Lynn Thomas, 167 Wall St., Schuylerville—For.
Darlene Lebrecht, 385 Rt. 32, South Schuylerville—Against. Ms. Lebrecht questioned the zoning in the area, especially with regard to Mr. Tupper’s existing used car lot. Chairman Bodnar explained that Mr. Tupper’s business had existed prior to any zoning regulations and was therefore grandfathered into the current zoning regulations. He then read from the zoning regulations the permitted uses in this particular zoning district, which included automobile sales and/or service. She raised concerns regarding leaking refrigerators and the accessibility of old appliances to small children on Mr. Lofgren’s property. Chairman Bodnar referred her to Zoning Officer Hathaway, stating that he would forward her concerns to the DEC if necessary. She also raised concerns about traffic safety and congestion.
Joyce Galcik, 181
Burgoyne Rd, Schuylerville, speaking for her mother, Rose Galcik of
Grangerville—for.
Bridgette Schwerd,
179 DeGarmo Rd, Schuylerville—For.
Mary Huber, 1040 Rt. 29, Schuylerville—Against. Ms. Huber was concerned about depreciation of houses in the area, environmental issues--particularly concerning pollution of local wells, aesthetics, the character of the hamlet, and the Applicant’s lack of road frontage on Rt. 29.
Jay Allan—Against. Mr. Allan questioned the Board’s determination to combine road frontages to meet zoning requirements. Town Attorney Reynolds responded that this is not a corner lot, but it is conceivable to combine the frontages. Mr. Allan then read from
a prepared statement. Mr. Allan’s Statement is contained in the permanent file of this application.
Bonnie
Allan—Against.
Bruce
Harding—Against.
All those wishing
to speak having done so, the Public Hearing was closed.
Barbara Faraone made a motion, seconded by Robert McConnell, to table the application until more information could be provided to the County. Chairman Stephen Bodnar—aye, David Hall—aye, Joyce Waldinger—aye, Thomas Carringi—aye, James Burke—aye, Clifford Hanehan—aye, and Barbara Faraone—aye. Carried 7-0. TABLED
Lisa Clark
176 County Rd 67
Stillwater, NY 12170
SBL 194.-1-7.1 Rural
Lisa Clark and her sister, Mary Koebbeman, addressed the Board seeking an area variance to put a trailer on her property as temporary housing for her ailing parents. The lot lacks sufficient road frontage and area for a second living unit. Ms. Clark submitted a letter from her parents to the Board, which has been filed in the permanent record of this application.
There followed a lengthy discussion regarding the extent of her parents’ disabilities, the type of trailer to be placed on the lot, the length of time the trailer was expected to remain on the lot, and whether the Applicant had pursued other avenues of dealing with this situation, including putting an addition on her house.
Proof of notice having been furnished, Chairman Stephen Bodnar opened the Public Hearing. There were no interested parties; the Public Hearing was closed.
Chairman Bodnar explained to the Applicant that it would be in her best interest to exhaust all other options before making their request to the Board and putting the matter to a vote. Scott Clark agreed to discuss the matter with Town Zoning Officer Hathaway.
David Hall made a
motion, seconded by Clifford Hanehan, to table the matter until other avenues
of resolution had been explored. Chairman
Stephen Bodnar—aye, David Hall—aye, Joyce Waldinger—aye, Thomas Carringi—aye,
Barbara Faraone—aye, James Burke—aye, Clifford Hanehan—aye. Carried 7-0. TABLED
Jim & Carla
Gandy
802 Rte 29
Saratoga Springs,
NY 12866
SBL 168.-3-18 Rural Residential
Jim Gandy addressed the Board regarding the necessity for an area variance to erect a 15’x 30’ deck on the back of his house at property on Firelane 8. The proposed deck
cannot meet the required setbacks on the size of the lot because there are pre-existing nonconforming setbacks. The Applicant described the deck as very low—approximately
18” off the ground—and without anything on it except a couple posts to hold ornamental lamps. He explained that the property is adjacent to Fish Creek and that it is 27’ from the
back of his house to the creek bank. There is 18’ of grass, then gravel, then a drop off to the creek. There would be no affect on his neighbors from the proposal.
Both Chairman Bodnar and Ms. Waldinger had visited the site, although only Ms. Waldinger had actually seen where the deck would be built. She saw no problems with the project and said that the overall affect would be very nice. Zoning Officer Hathaway stated that the deck would need railings to meet safety code requirements since the deck will be back very close to Fish Creek. A comment was made that no railing is necessary if the deck remains at least 36” away from the drop off to the creek. When asked whether he had considered building a smaller deck, Mr. Gandy explained that he planned a deck of this size to accommodate a Jacuzzi sometime in the future. The Jacuzzi could, however, be put on a raised platform. David Hall remarked that a patio of this size wouldn’t need a variance, but a deck would. The Applicant prefers the look of wood and it would be better to protect the Jacuzzi from moisture damage from the ground.
Chairman Bodnar read the County’s response to the project, which stated that it had no problems with the project. Town Attorney Reynolds did not have any objections or concerns.
Clifford Hanehan stated that he had no problems with the project per se, but raised the issue of the Board’s mandate in reviewing such projects. Chairman Bodnar then read the considerations to be made by the Board in granting area variances. Mr. Hanehan stated that the Applicant had failed to show a hardship, that the requested variance is substantial, and that he was concerned that the Board would set a precedent by granting the application.
Proof of notice having
been furnished, Chairman Stephen Bodnar opened the Public Hearing. There were no interested parties; the Public
Hearing was closed.
James Burke made a motion, seconded by Thomas Carringi, to grant the variance to build a 15’x30’ deck, not to exceed 450 square feet, and in accordance with all Town codes. Chairman Stephen Bodnar—aye, David Hall—aye, Joyce Waldinger—aye, Thomas Carringi—aye, Barbara Faraone—aye, James Burke—aye, Clifford Hanehan—nay. Carried 6-1. GRANTED
Kodiak
Construction, Inc., Applicant Ron
Gardner, Owner
P.O. Box 657 1036
Rte 29
Saratoga Springs,
NY 12866 Schuylerville, NY 12871
SBL 156.-2-3
Rural Residential
Jesse Boucher and Justin Sitler presented a proposal to construct a 7’6” x 14’ deck within the “L” cavity of the house, fronting Rte 29, which currently does not meet required setbacks; however the nonconforming setbacks are pre-existing. The proposed deck will be placed above ground, over an existing garage that has never been used for car storage. As part of a separate project, the owner’s front door will be removed and the entrance will be moved to the side of the house. The proposed deck is not as close to the road as the house. Letters were sent to five neighbors who did not express any objections to the
project. Neither Zoning Officer Hathaway nor the County had any concerns regarding the project.
Proof of notice
having been furnished, Chairman Stephen Bodnar opened the Public Hearing. There were no interested parties; the Public
Hearing was closed.
David Hall made a motion, seconded by Thomas Carringi, to grant the variance. Chairman Stephen Bodnar—aye, David Hall—aye, Joyce Waldinger—aye, Thomas Carringi—aye, Barbara Faraone—aye, James Burke—aye, Clifford Hanehan—aye. Carried 7-0. GRANTED
Old Business: None
New Business: None
The
next regular meeting will be May 23, 2005 at 7:30 p.m.
James Burke made a motion to
adjourn at 10:05 pm. The motion was
seconded by Barbara Faraone. Chairman
Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, James Burke
– aye, Barbara Faraone – aye, and alternate Robert McConnell – aye. Carried 7 –
0.
Respectfully
submitted,
Catherine
E. Cicero