DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

MARCH 22, 2004

7:30 PM

 

 

Chairman Stephen Bodnar called the meeting to order at 7:30 p.m. and announced that our Town Justice James Priest had passed away and asked for a moment of silence. 

 

Chairman Stephen Bodnar explained the Rules of the Board. 

 

Clerk Ruth Drumm called the roll: Chairman Stephen Bodnar – present, Thomas Carringi – present, Barbara Faraone – present, Clifford Hanehan – present, William Shutz – absent, Joyce Waldinger – present, David Hall – present, and Alternate James Burke – present

 

Also present: Zoning Officer Robert Hathaway, and see attached sign-in sheet of townspeople attending.

 

Approval of Minutes: All board members present had read the minutes of the

February 23, 2004 meeting.  A motion was made by Barbara Faraone and seconded by David Hall to accept the minutes of February 23, 2004 as written.  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Shutz - absent.  Carried 7-0

 

Order of Business:

 

#04-03:  Robert L. & Jean Tarrant, applicants

               41 Cliffside Drive

               Saratoga Springs, NY 12866

Owners: Edward and Florence Charbonneau

Conservancy District, S/B/L# 167.-1.-16     

 

Applicant is seeking an area variance to establish a marina on 1.69 acres fronting Fish Creek off County Road 68. A marina requires 3 acres.  A seasonal rowing center is planned for this location. Robert Tarrant addressed the board noting that only non-motorized vessels will be used except for the safety and coach’s boats, which have only 8 h.p. motors.  A storage building and a small retail outlet for rowing related items are planned. There will be a 60’ floating dock, parallel to shore and it will be removed during the off-season. A gravel driveway is planned with parking for 16 cars.  During the off season, storage for rowing shells and canoes will be provided. 

 

Thomas Carringi asked about the normal hours of operation.  Bob Tarrant replied that they would parallel hours of daylight, usually 6:30 a.m. until 6:00 p.m. and would shorten towards fall.  Bob Tarrant addressed the concerns over noise and assured the board that noise would not be tolerated and abusers would lose their rowing privileges. He stated that the people that row out of their business now at the Fish Creek Marina are mostly

 

 

 

older people using sculling boats, singles and doubles, that make very little noise and they row to enjoy the tranquillity of the surroundings. 

 

Barbara Faraone voiced concerns regarding the small size of the parcel and the congestion in that area of the Creek where there would now be three marinas in a short distance with this one in a residential area. She was also concerned about the amount of activity and noise, along with the increased traffic due to the store and visitors that may come by.

 

Clifford Hanehan inquired about the amount of road frontage on the 1.69 acre parcel and it was determined there is about 110’.  Chairman Stephen Bodnar noted that there is no road frontage requirement for a marina in the regulations in a Conservancy District.  The board felt that must be a mistake although Zoning Officer Robert Hathaway confirmed that the old regulations also left out a road frontage requirement for a marina in the Conservancy District. 

 

Chairman Stephen Bodnar noted that the lots on the subdivision map provided by Robert Tarrant did not appear to be divided in the same manner as the one provided to him by Planning Board Chairman Ian Murray with the planning board’s recommendations.  Clifford Hanehan noted that Robert Tarrant’s appeared to create an illegal subdivision showing a flag lot with only 20’ of road frontage.

 

Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing.

The following people spoke in favor of the rowing center/marina:

Diana Barnes, 495 Union Ave., Saratoga Springs, NY 12866

Ruth Stone, 27 State St., Valley Falls, NY 12185

Chris Grasso, President Saratoga Springs Rowing Club, Grand Ave., Saratoga Springs, NY 12866

Holly Hulfish, 115A White St., Saratoga Springs, NY 12866

Tom Frost, 41 Long Alley, Saratoga Springs, NY 12866

Rachael Bakerian

Joan Taylor, 240 Fitch Rd., Saratoga Springs, NY 12866

Liz Hillger, 32 Oakwood Dr., Queensbury, NY 12804

Curt Warshort, Saratoga Springs, NY 12866

Rachel Holleman

Lorraine Skibo, 42 Regatta View Dr., Saratoga Springs, NY 12866

Ageo Frizzera, Dyer Switch Rd., Saratoga Springs, NY 12866

 

The following people spoke against the rowing center/marina:

Lisa Schroeder-Bevis, 104 County Rd. 68, Saratoga Springs, NY 12866

John Bevis, 104 County Rd. 68, Saratoga Springs, NY 12866

 

David Hall asked about the roadway and guardrails and Robert Tarrant replied that the curb cut permit has been applied for and that the 15’ wide entrance would not interfere with the guardrails.  He also noted that the line of site is met in both directions.

 

Chairman Stephen Bodnar explained the many options that are before the board concerning this variance and the points that need clarification.  The points of concern are

 

 

the question of minimum road frontage for a marina that needs input from our Town Attorney, input from the County Planning Board and further communication with our Planning Board.  Clifford Hanehan commented that he would like more information

before voting and Joyce Waldinger added she would like to see some of the discrepancies with the maps clarified.

 

A motion was presented by Clifford Hanehan and seconded by Barbara Faraone to table any action for 30 days so that more information can be gathered from our Town Attorney, the County Planning Board and the Town’s Planning Board. .  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Shutz - absent.  Carried 7-0  TABLED

 

Robert Tarrant commented that the Planning Board has stated that it would require a stipulation in the granting of the Special Use Permit that would prevent any future development as a commercial marina.  The use will be as a rowing center.  It was noted that there is a fine line between the two.  Robert Tarrant will return and will be put on the April 26th agenda. 

 

#04-04 John Hall

               295 Fitch Rd.

             Saratoga Springs, NY 12866

Rural District, S/B/L 193.-1-28.111

 

Applicant is seeking to separate 1+/- acre lot for his daughter from the present 110.9-acre parcel on County Road 70.  An area variance is required since this would leave a 109.9 +/- acre parcel without the 300 feet of continuous road frontage required. Chairman Stephen Bodnar explained that since board member Dave Hall is related to the applicant he will not be voting on this case but can certainly comment as an adjoining landowner.  John Hall addressed the board requesting the variance and stated that there would be 220’ in one spot and 100’ remaining in another spot but not 300’ of continuous road frontage required.  Barbara Faraone and Joyce Waldinger questioned why he couldn’t build where the 220’ of frontage exists which would leave 300’ of continuous road frontage intact down the road.  John Hall replied that his daughter would like to build on the hill instead of in the flat open field.  Chairman Stephen Bodnar then read the Planning Board’s positive recommendation to approve the variance.  Stephen Bodnar noted that the regulation requiring 300’ of continuous road frontage for parcels with 5 + acres was put into effect to prevent very long and narrow lots from being created. 

 

Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing.  No one came forward, for or against, this case.

 

Chairman Stephen Bodnar asked Zoning Officer Robert Hathaway for his input and he replied that he felt granting the variance would not hurt anything since he owns adjoining property that has plenty of road frontage. 

 

 

 

 

 

 

A motion was made by Barbara Faraone and seconded by James Burke to grant the area variance.  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – abstained, Barbara Faraone – aye, and William Shutz - absent.  Carried 6-0  GRANTED

 

#04-05 Lorraine and Nicholas Angelo

            58 Whitney Road South

            Saratoga Springs, NY 12866

Lake Residential District, S/B/L 193.6-1-46.12

 

Applicants are seeking an area variance to put a Townhouse on a 30,000 +/-square foot parcel where apartment houses now exist at 28, 29 and 30 Saratoga Lake Road.  A townhouse requires 40,000 square feet. NO ONE APPEARED.  There was some board discussion on the proposed variance for this property.

 

Old Business: Chairman Stephen Bodnar asked Zoning Officer Bob Hathaway about the building plans for the property going up at the corner of Cedar Bluff Road and Route 9P, Oliver’s at 106 Holy Lane.  It appears that the first floor is on the existing footprint and that the second floor has a 2-foot overhang and that a third floor with dormers is planned.  Zoning Officer Bob Hathaway noted that there is nothing in the regulations against building a third floor in a one family residence. There was much discussion by the board members as to how to apply the footnote regarding the two-story limit in the regulations.  Barbara Faraone suggested we take this matter to our Town Attorney.  Chairman Stephen Bodnar noted that Supervisor Thomas Wood was going to survey the site.

 

New Business: Chairman Stephen Bodnar mentioned that the Zoning Amendment workshop was held on March 16, 2004 with progress on the proposed Agricultural Tourist Home amendment and fee schedule changes.  Additional suggestions are still welcomed.

 

The next Zoning Board of Appeals meeting will be Monday, April 26, 2004 at 7:30 p.m.

 

A motion to adjourn was made at 9:58 p.m. by Dave Hall and seconded by Thomas Carringi.  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Shutz - absent.   Carried 7-0

 

 

Respectfully submitted,

 

 

Ruth L. Drumm

Clerk

 

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