DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

November 22, 2004

7:30 PM

 

 

Chairman Stephen Bodnar called the meeting to order at 7:30 p.m.  

 

Chairman Stephen Bodnar led the flag salute and explained the Rules of the Board. 

 

Clerk Ruth Drumm called the roll: Chairman Stephen Bodnar – present, Thomas Carringi – present, Barbara Faraone – absent, Clifford Hanehan – present, Joyce Waldinger – present, David Hall – present, James Burke – present, and alternate Robert McConnell – present.

 

Also present: Ed Carr, Denise & Jim Murphy, Michele Anderson, Ted Munn, and Donna Malin.

 

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

October 25th, 2004 meeting.  A motion was made by David Hall and seconded by Robert McConnell to accept the minutes of the October 25th, 2004 meeting as written.  Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – absent, Clifford Hanehan – aye, James Burke – aye, and alternate Robert McConnell – aye. Carried 7 - 0

 

Order of Business:

USE VARIANCE

 

Southwestern Bell Mobile Systems d/b/a Cingular Wireless

Represented by Hiscock & Barclay, Jeffrey Davis

221 South Warren St.

Syracuse, NY 13221

S/B/L 156.-4-7  Rural Residential District   Project Location: 168 Hayes Rd.

 

Applicant is seeking a use variance to construct a 150-foot monopole telecommunications facility at 168 Hayes Rd.  Telecommunications Towers are excluded from the Rural Residential District.  At the October 25th meeting they were asked to look at possible sites in the Rural District where towers are allowed. The applicant did not appear and requested, via a letter to the board, to table the application as other sites are investigated.  TABLED

 

 

AREA  & USE VARIANCE

Case # 04-17  Matthew J. Ernst

                        300 Maple Avenue

                        Saratoga Springs, NY 12866

S/B/L 157.-1-49.2 & 29  Rural Residential

 

Returning applicant seeks an area variance and a certification to re-establish an abandoned non-conforming use for a Tattoo Parlor at 1164 Route 29. 

 

Attorney Michele Anderson addressed the board.  She presented the board with affidavits that proved a continuous commercial use since 1958.  She stated that a pre-existing non-conforming use exists and that an area variance is not needed in light of this.  She referred to the letter written by Town Attorney William Reynolds to Chairman Stephen Bodnar agreeing that the necessary continuous use has been established by sworn affidavits sufficient to allow the board to make the interpretation and finding of prior and continuous non-conforming use. He also advised that the applicant return to the Planning Board for further review as the property is being changed from one non-conforming use (professional office) to a different non-conforming use (retail service).

Chairman Stephen Bodnar opened the floor for comments.  Ed Carr, 461 Grange Hall Rd., stated that he is the owner of the farmland in back of the Ernst parcels and there was a problem with the septic system in the past.  Michele Anderson stated that in the county’s review they stated that with a new use of an abandoned facility it is recommended that the sanitary system and well be certified by a licensed P.E. and this could be addressed at the Planning Board stage.  Chairman Stephen Bodnar asked if she asked her clients to combine the two parcels and she stated that they could not agree on that and Matthew Ernst felt that it should not be necessary when the pre-existing non-conforming use is proven. 

 

Clifford Hanehan made a motion to grant the variance/interpretation that a continuous pre-existing non-conforming use exists and has been proven by the affidavits presented.  Thomas Carringi seconded it. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – absent, Clifford Hanehan – aye, James Burke – aye, and alternate Robert McConnell – aye. Carried 7 - 0

 

 

AREA VARIANCE

Denise Murphy

945 Route 29

Saratoga Springs, NY 12866

S/B/L 156.-1-23  Rural Residential

 

Applicant is seeking a sideline setback variance for the existing garage/shop, 50’ is required for the Special Use Permit and the applicant has 10.5’ at 945 Route 29. Denise Murphy addressed the board stating that a lot line adjustment had been granted by the Planning Board at their October 27th meeting which added 1.16 +/- acres to the .838 +/- acres already owned to have the 2 acres needed for the Special Use Permit.  She could not buy more frontage from the neighbor because they needed to retain at least 300 feet of frontage for their 13 +/- acre parcel.  The Planning Board referred Denise Murphy to the Zoning Board of Appeals for the side line setback variance. Denise Murphy presented the board with three signed letters from her neighbors showing they had no objections to her proposal.  Chairman Stephen Bodnar read the letters to the board.  Chairman Stephen Bodnar added that when they go to put the addition on the garage/shop they would have to return for another variance unless the building inspector issues the building permit. 

 

Proof of Notice having been furnished, Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the proposal. 

 

 

 

 

Joyce Waldinger made a motion to grant the sideline setback variance of 39.5’ and Clifford Hanehan seconded it. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – absent, Clifford Hanehan – aye, James Burke – aye, and alternate Robert McConnell – aye. Carried 7 - 0

 

AREA & USE VARIANCE

 

Case # 04-22   Michael Giovanone, applicant,    Jonathan Lapper, Atty.

5 Compion Lane

Saratoga  Springs, NY 12866           

Lake Commercial District, S/B/L 193.06-1-2  Property location: 1427 Route 9P

 

Applicant is seeking an area variance for lack of the required frontage at 1427 Route 9P and a variance for multiple uses on one lot in order to construct 8 multi-family dwellings, totaling 30 units, on 8.88 +/- acres. Applicant has requested that this application be TABLED until the next meeting in January.

 

Old Business: None

 

New Business: Chairman Stephen Bodnar discussed the need to appoint a vice-chairman of the Zoning Board of Appeals.  After some board discussion, Clifford Hanehan made a motion to appoint David Hall as vice-chairman and Thomas Carringi seconded it. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – abstain, Barbara Faraone – absent, Clifford Hanehan – aye, James Burke – aye, and alternate Robert McConnell – aye. Carried 6 - 0

 

The next regular meeting will be January 24, 2005 at 7:30 p.m. It was noted that there would not be a December meeting. 

 

A motion to adjourn was made at 8:12 p.m. by David Hall and seconded by Chairman Stephen Bodnar.  Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – absent, Clifford Hanehan – aye, James Burke – aye, and alternate Robert McConnell – aye. Carried 7 - 0

 

Respectfully submitted,

 

 

Ruth L. Drumm

ZBA Clerk

 

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