DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
July 28, 2008
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:30 p.m. and led the flag
salute.
Chairman
Stephen Bodnar explained the Rules of the
Board.
Zoning
Clerk Linda McCabe called the roll: Chairman Stephen Bodnar – present, Clifford
Hanehan – absent, Thomas Carringi – present, Barbara Faraone – present,
Clarence Fosdick – present, William Moreau – present, James Burke – present,
Alternate
John Deyoe – present.
Also
present: Town Zoning Officer Gil Albert, Patricia Jolie-Zotzmann and Mark
DeBrocky. (Sign-in sheet is on file in
the Clerk’s office)
Due to the absence of
Clifford Hanehan, Chairman Stephen Bodnar elevated Alternate member John Deyoe
to full voting status.
Approval
of Minutes: A motion was made by
Clarence Fosdick and seconded by
John Deyoe to accept the minutes of the June 28, 2008 meeting as written, with
a minor clarification on page 2, at the end of the first paragraph, stating Sam
Palazolle agreed to holding the Town of Saratoga harmless for any damage to the
walls with signs; this had already been recorded as part of his Notice of
Action and in the motion to approve his variances. Chairman Stephen Bodnar – aye, Clifford
Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone –
aye, William Moreau – aye, Clarence Fosdick – aye, Alternate John Deyoe – aye.
Carried 7 – 0
Order of Business:
AREA VARIANCE
Information
Patricia Jolie-Zotzman
826 Rt. 29
Saratoga Springs, NY
12866
S/B/L 155-1-44 Rural Residential
Applicant is
seeking information to see if it is possible to obtain area variances in order
to subdivide the veterinary hospital and storage buildings from the apartment
building, located on Rt. 29 and the corner of Bryant’s Bridge Rd.
Applicant Patricia
Jolie-Zotzmann appeared before the Board.
She explained that she originally purchased this property because
demographically it would be good for her veterinary practice and it has been
wonderful for her business. She would like to divide the
property in order to sell the
apartment. She never wanted the duplex apartment to begin
with, but it was part of the property. The Applicant would also like to expand her
business sometime in the
future. The Applicant stated she is looking to the Board to find out if she
will be able to get a variance or variances, in order to subdivide, or
suggestions and help with what she can do.
Chairman Stephen Bodnar questioned if she received a variance for the
veterinary business and she said yes.
Zoning Officer Gil Albert stated the Applicant had to get a special use
permit for her business. The Applicant
stated she’d like to add a two-story addition and move the parking to the rear
of the property, away from Rt. 29 for a safer entrance/exit for all; one would
pull in off of Bryant’s Bridge Rd. instead of Rt. 29 and she would then have
grass covering the current parking lot.
The Applicant also stated she believes she found the septic. There is one well and two septic systems on
the property. The well is located on the side of the storage barn on the
Bryant’s Bridge Rd. side of the property.
William Moreau stated that this is a non-conforming lot as is, and now
the Applicant is proposing to make two non-conforming lots. Zoning Officer Gil Albert said she would
have to put in a new well if divided.
John Deyoe questioned where the new well would go and Zoning Officer Gil
Albert, along with William Moreau, stated the new well has to be 100’ away from
the leech field and 50’ away from the septic for the duplex and 100’ away from
the leech field for the veterinary building and 50’ away from the veterinary
septic along with being 100’ away from any neighbor’s septic. The Applicant said it seems like there isn’t
any place on the property to do that. Zoning
Officer Gil Albert responded she wouldn’t know until she identified where the
septic system is. Chairman Stephen
Bodnar said the biggest problem with this is the Applicant has less than 2
acres of land. It is required today to
have 3 acres for a veterinary practice and a minimum of 2 acres for the
apartment building. She has the
frontage, but not the land. William
Moreau stated the Board has to look at the future; the property is nice but
just doesn’t meet the acreage for subdivision.
Chairman Stephen Bodnar and Zoning Officer Gil Albert do not think the
Applicant will be able to get the well in within the 100’ requirements. Chairman Stephen Bodnar suggested she look
at using the property, perhaps using the duplex as the larger veterinary hospital
in the future. He also stated that
since she has less than 3 acres the Board would not be able to grant the
variances she would need. The Applicant
stated she appreciates the Board’s time and help. Chairman Stephen Bodnar said he is sorry they couldn’t help
her. The Applicant again thanked the
Board.
Mark DeBrocky
41 Louden Rd.
Saratoga Springs, NY
12866
S/B/L 155-1-71 Rural Residential
Applicant is seeking
information to see if it is possible to obtain variances to add a 25’ – 50’ breezeway connecting a new
modular home onto the back of his existing house, creating a two-family
dwelling on his 2.63-acre lot.
Mark DeBrocky
appeared before the Board explaining how he would like to add a 25’ – 50’
breezeway connecting a new modular home onto the back of his existing house,
creating a two-family dwelling. He had
a 10’ road frontage variance in the past due to having only 190’ of frontage
and he has 2.63 acres. Chairman Stephen
Bodnar asked Zoning Officer Gil Albert if this would come under “duplex” regulations,
and what is the difference between a duplex and a two-family connected with
breezeway. Zoning Officer Gil Albert
responded a duplex shares a common wall, whereas a two-family can
be a breezeway
connection with a garage apartment etc.
It’s a technicality here; two-family connected with a breezeway is
legal, we have some in the area.
Chairman
Stephen Bodnar
questioned if the ownership of the property will stay in one name and Zoning
Officer Gil Albert said it has to, it is one lot and the Applicant responded
yes, his and his wife’s names. Chairman
Stephen Bodnar asked if this calls for one septic, two septics, one or two
wells and Zoning Officer Gil Albert stated it can be one well, one septic due to
ownership. Chairman Stephen Bodnar noted
it depends on the size of the septic system and Zoning Officer Gil Albert
concurred, adding it has to be sized for the amount of bedrooms and it has to
meet the new water regulations minimum of 5 gallons per minute. The Applicant said it does. Zoning Officer Gil Albert told the Applicant
he would need to show verification of that to the Board. Chairman Stephen Bodnar noted the Applicant
would have to continue using the same driveway and the addition would need to
be built behind the existing house in order to meet all setback requirements;
the Applicant agreed. Chairman Stephen
Bodnar asked for a past situation where this has been done and Barbara Faraone
responded Tom McTyge’s. The Applicant
said his wife would like the “breezeway connection” to be a sunroom instead of
just a breezeway and it will be closer to 25’ than 50’. Chairman Stephen Bodnar stated this has been
done in the past, though on a larger lot, and according to the Zoning Officer
this can be done legally. Chairman
Stephen Bodnar also stated this cannot be subdivided due to the lack of road
frontage. The Applicant meets all other regulations and setbacks. Chairman
Stephen Bodnar is okay with this. John
Deyoe, Barbara Faraone, Thomas Carringi and James Burke also had no problem
with this. Clarence Fosdick said to be
careful with the location of the new modular; be sure to meet setbacks and with
this being done he has no problem with this proposal. William Moreau agreed.
Chairman Stephen Bodnar stated it is the Board’s opinion that if the
Applicant comes before the Board and asks for a variance for this addition, it
would most likely be granted. Zoning
Officer Gil Albert stated the Applicant needs a current survey and once he has
it he needs to bring it to him. They will go forward from there for the
addition and if he meets all regulations he will only need a building permit
and won’t have to come back before this Board.
Zoning Officer Gil Albert questioned the Board if they mind him sending folks
to them for information and the Board unanimously said it is fine for him to do
so.
Old Business: None
New Business: None
Barbara Faraone made a motion, seconded by William
Moreau to adjourn the meeting at 8:35 p.m. Chairman Stephen Bodnar – aye, Clifford
Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone –
aye, William Moreau – aye, Clarence Fosdick – aye, Alternate John Deyoe – aye.
Carried 7 – 0
Respectfully submitted,
Linda McCabe
ZBA Clerk