DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

June 30, 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 – present, Thomas Carringi – present, Barbara Faraone – absent, Clarence Fosdick – present, William Moreau – present, James Burke – absent,

Alternate John Deyoe – present.

 

Also present: Town Zoning Officer Gil Albert, Applicant Sam Palazolle and Dan Barber. Applicant Russell Palmateer arrived late.

 

Due to the absence of two Board members, 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 Thomas Carringi to accept the minutes of the May 21, 2008 meeting as written.  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, James Burke – absent, Thomas Carringi –aye, Barbara Faraone – absent, William Moreau – aye, Clarence Fosdick – aye, Alternate John Deyoe – aye.

Carried 6 – 0

 

Order of Business:

 

AREA VARIANCE

 

Saratoga Builders

8 Campion Ln.

Saratoga Springs, NY  12866

S/B/L # 168.7-1-8, 167-3-85

 

Applicant is requesting a variance for the setback for a portion of the entrance sign walls  at Burgoyne Estates.

Public Hearing

 

Chairman Stephen Bodnar recused himself because of this Applicant’s gift to the fire district. Clifford Hanehan was elevated to Standing Chairman for this case.

 

Applicant Sam Palazolle and Dan Barber of Saratoga Builders appeared before the Board, explaining their proposal to build two symmetrical stone walled entrance signs at the west entrance to Anthony Ln. from Burgoyne Rd. for the Burgoyne Estates development.  The walled signs will be located on private property.  The Applicant stated that since the name of the development will be on the wall, it falls into sign category,

 

 

which he was unaware of until he spoke with Zoning Officer Gil Albert.  Standing Chairman Clifford Hanehan asked if the Board had any questions.  Bill Moreau questioned the variance needed and was told it is 7½’. Attorney William Reynolds asked if the Highway Dept. had been notified and if they had responded and Zoning Officer Gil Albert stated he spoke with Highway Superintendent Dave Hall and he said as long as he doesn’t have to take care of it then he has no issue with it.  Attorney William Reynolds questioned the sight lines from the entrance and Zoning Officer Gil Albert responded there is no interference at all; they are 20’ back from the setback on Burgoyne Rd.  There is no interference pulling off of Anthony Ln. onto Burgoyne Rd. and no interference pulling off of Burgoyne Rd. onto Anthony Ln.  Board discussion continued making certain the Town has no responsibility over the maintenance of the walled signs.  Sam Palazolle of Saratoga Builders agreed to holding the Town of Saratoga harmless for any damage to the walls with signs.

 

After providing Proof of Notice in The Saratogian on June 21, 2008, Standing Chairman Clifford Hanehan opened the Public Hearing at 7:46 p.m.  No one came forward.

 

 Standing Chairman Clifford Hanehan closed the Public Hearing at 7:47 p.m.

 

Clarence Fosdick made a motion, seconded by William G. Moreau to approve this application for the 7½’ variance for the construction of the two symmetrical entrance walls with signs, located on private property on the west entrance of Anthony Lane and Burgoyne Road, and to hold the Town harmless for any damage to the walls and signs within the realm of normal maintenance and repair of the roads.  Chairman Stephen Bodnar – recused, James Burke – absent, Thomas Carringi- aye, Clarence Fosdick – aye, Barbara Faraone – absent, William Moreau – aye, Standing Chairman Clifford Hanehan –aye, Alternate John Deyoe – aye.

Carried 5 – 0.   Granted

 

Stephen Bodnar resumed as Chairman of the Board at 7:56 pm.

 

Mr. Russell J. Palmateer

330 Co. Rd. 68

Saratoga Springs, NY  12866

S/B/L 168-2-65 Rural

 

Applicant proposes to build a new deck coming off of his existing house and is seeking a 39’ front setback variance because he does not meet the zoning regulations setback requirements. 

Public Hearing

 

Alternate Board member John Deyoe recused himself due to being a neighbor of this Applicant.

 

Chairman Stephen Bodnar explained the Rules of the Board for this Applicant, due to his late arrival.  The Applicant approached the Board seeking a 39’ variance to build a deck onto his existing home.  He handed in 12 letters, signed by neighbors, in favor of this project.  Chairman Stephen Bodnar stated he was on site and the Applicant will be nowhere near lot coverage, he needs a 39’ variance, and the deck will not be any closer to the road; it will be parallel to the house.  It will be an “L” shaped deck, on the southeast

 

 

side of the home; 6’ x 20’ and adjoining 10’ x 10’ across the side attached to the mud room. Zoning Officer Gil Albert stated that the Applicant came to him for a building permit and when he went out to the site he realized there was a mistake in measurement. 

 

The Applicant had measured from the center of the road and that is why we are here.  He also stated he sees no problem with granting this, the deck will be no closer to the road than the house is.  Chairman Stephen Bodnar asked if there were any other questions from the Board.  There were none.

 

After providing Proof of Notice in The Saratogian on June 19, 2008, Chairman Stephen Bodnar opened the Public Hearing at 8:03 p.m.  No one came forward; Chairman Stephen Bodnar closed the Public Hearing at 8:04 p.m.

 

Clifford Hanehan made a motion, seconded by Thomas Carringi to grant the 39’ variance as proposed for the deck only, with a total of 220 sq. ft.; 6’ x 20’ and adjoining 10’ x 10’ across the side attached to the mud room.  Chairman Stephen Bodnar – aye, James Burke – absent, Thomas Carringi- aye, Clarence Fosdick – aye, Barbara Faraone – absent, William Moreau – aye, Clifford Hanehan –aye, Alternate John Deyoe – abstained.   Carried 5 – 0.  Granted

 

 Old Business:  The Board discussed signs and lighting standards.                       

 

New Business:  None

 

Chairman Stephen Bodnar made a motion, seconded by Clifford Hanehan to adjourn the meeting at 8:20 p.m.  Chairman Stephen Bodnar – aye, James Burke – absent, Thomas Carringi- aye, Clarence Fosdick – aye, Barbara Faraone – absent, William Moreau – aye, Clifford Hanehan –aye, Alternate John Deyoe – aye.  

Carried 6 – 0.

 

Next meeting will be July 28, 2008

 

 Respectfully submitted,

                                

Linda McCabe

ZBA Clerk

 

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