DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

November 26, 2007

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 – present, Clarence Fosdick – present, William Moreau – present, James Burke – present, and Alternate John Deyoe – present. 

 

Also present: Town Zoning Officer Gil Albert, Town Attorney William Reynolds, Lou Galarneau, Josh Galarneau, Daniel Wheeler and William Miller.

 

Approval of Minutes: A motion was made by Clifford Hanehan and seconded by Thomas Carringi to accept the minutes of the October 22, 2007 meeting as written.  Chairman Stephen Bodnar – aye, Clifford Hanehan – aye, James Burke – aye, Thomas Carringi – aye, Barbara Faraone – aye, William Moreau – aye, Clarence Fosdick – aye.

Carried  7 – 0

 

Order of Business:

 

AREA VARIANCE

 

Due to Board member Barbara Faraone’s builder coming before the Board tonight for this Applicant, she has recused herself from this case. Chairman Stephen Bodnar recognized Alternate John Deyoe as eligible to vote. 

 

Marilyn Summers   #07-13

526 Maple Ave.

Saratoga Springs, NY  12866

S/B/L 193.18-1-59  Lake Residential

 

Applicant proposes to construct another addition of 25.5’ x 11.5’ (293.25 sq. ft.), onto her existing residence at 1230 Rt. 9 P, Saratoga Springs, NY.   She is seeking a 25.4’ two-side set back and 16’ side set back variances because she cannot meet zoning regulation set back requirements.

 

Attorney Dan Wheeler, and Lou and Josh Galarneau, builders, appeared before the Board on behalf of Marilyn Summers.  Dan Wheeler explained the history of the past variances and the need for the new addition.  He explained to the Board this is a two-unit, two-story building and the only way to access the living quarters upstairs was through an old two-story deck with an outside staircase.  The Applicant would like to enclose this in order to be able to go from one floor to another indoors.  A lengthy discussion took place between Chairman Stephen Bodnar and Mr. Wheeler on the past area variances.  Chairman Stephen Bodnar read the March 2007 minutes stating a side setback variance was granted, which clearly stated “no deck”, yet there is now a deck.  Mr. Wheeler went over his time-line of events for the past variances and told the Board he spoke with Town Attorney William Reynolds concerning the ownership of the “paper road/right-of-way” parcel at some time after that last meeting, and had presented Town Attorney William Reynolds with proof, by way of Title Insurance, that Marilyn Summers has ownership of that parcel. Town Attorney William Reynolds stated to the Board he is satisfied that Marilyn Summers is the legal owner of that parcel; no insurance company would give Title Insurance if any doubt existed to ownership.  Due to Mr. Sekerich having, in the past, shown the Board a deed showing that he is the owner, a conversation continued with Town Attorney William Reynolds and Chairman Stephen Bodnar.  Town Attorney William Reynolds assured the Board that Marilyn Summers is the legal owner of that piece of land.  Mr. Wheeler then explained to the Board he had spoken with Zoning Officer Robert Hathaway after he had spoken with Town Attorney William Reynolds and Zoning Officer Robert Hathaway gave the Applicant a building permit for the addition and deck; they did not come back before the Zoning Board as required.  Zoning Officer Gil Albert noted that the building permit given to Marilyn Summers did not include deck fees; there was only a building permit fee collected.  Mr. Wheeler stated they are now asking for a variance for new construction; even though they will be no closer to the side lines, they still need the side line variances.  The Applicant has 15,402 sq. ft. lot and 17,000 sq. ft. is required.  Chairman Stephen Bodnar asked what the proposed percentage of coverage of the lot with the addition will be.  A discussion ensued and it was determined that total coverage will be 16.1%; inclusive of proposed addition, existing deck, past addition and steps.   Chairman Stephen Bodnar then stated that Mr. Galarneau was going to contact Mr. Sekerich about a land swap that Mr. Sekerich had proposed to the Applicant.  Chairman Stephen Bodnar questioned if they have been successful.  Mr. Galarneau said they have made 20 calls with no response as of yet.  Chairman Stephen Bodnar asked if they have proof of contacting him and Mr. Galarneau said he has a copy of an e-mail, which he presented to the Board.  The Board questioned if this is Mr. Sekerich’s e-mail address and Mr. Galarneau said he can give them one of Mr. Sekerich’s business cards with the address on it.  Mr. Galarneau stated his surprise that Mr. Sekerich was not present tonight.

 

After providing Proof of Notice in The Saratogian on November 19, 2007, Chairman Stephen Bodnar opened the Public Hearing. No one came forward; Chairman Stephen Bodnar closed the Public Hearing.

 

Chairman Stephen Bodnar stated the application for this variance is for an addition of 294 sq. ft. with a sideline variance of 3 ½’ and total setback of 24 ½’.  Mr. Wheeler responded that is correct. 

 

Clifford Hanehan made a motion, seconded by Thomas Carringi to grant the 24 ½’ sideline variance and the 3 ½’ setback variance, and there is to be no further building on this property.   This decision was made with the help of Town Attorney William Reynolds verifying, via Title Insurance, that proof of ownership of the “paper road/right-of-way” belongs to Marilyn Summers. Chairman Stephen Bodnar – aye, James Burke – aye, Thomas Carringi- aye, Clarence Fosdick – aye, John Deyoe – aye, William Moreau – aye, Clifford Hanehan –aye.    Carried 7 – 0.

 

Chairman Stephen Bodnar stated that Board member Barbara Faraone should now rejoin the Board. 

 

 

 

 

William J. Miller III  #07-14

1178 Rt. 9 P

Saratoga Springs, NY  12866

S/B/L 206.6-2-31  Lake Residential

 

Applicant proposes to construct an addition of 100 sq. ft. to his porch, an 800 sq. ft. (2- story addition; which gives them 1600 ft. of living space) addition to his house and a new deck.  He is seeking a 14’ two-side set back and 10’ side set back variances because he cannot meet zoning regulation set back requirements.

 

Mr. Miller appeared before the Board and presented letters written by his neighbors supporting his request; Chairman Stephen Bodnar read the letters aloud for all to hear.  Chairman Stephen Bodnar asked what the current square footage of the home is and the Applicant responded it is currently 40’ X 27”.  Chairman Stephen Bodnar stated the Applicant wants to add 800 Sq. Ft. to his home, an 8 X 30’ deck and add 100 Sq. Ft. to the existing porch with a total coverage of 2,220 Sq. Ft.  He then told the Applicant he is all right on lot coverage, and also okay with his front and back setbacks; he only needs side variances.  Chairman Stephen Bodnar explained that the Applicant must have a total of 50’ sidelines, but this property has only 36.  The Applicant needs 4’ on one side and 10’ on the other, for a total of 14’ two side variance.  Chairman Stephen Bodnar questioned the need for this addition and the Applicant explained he has 3 growing sons and only one bathroom; they need the space.  Zoning Officer Gil Albert sees no problem with this variance. 

 

After providing Proof of Notice in The Saratogian on November 19, 2007, Chairman Stephen Bodnar opened the Public Hearing. No one came forward; Chairman Stephen Bodnar closed the Public Hearing.

 

Barbara Faraone made a motion, seconded by William Moreau, to grant the area variance as requested.  Chairman Stephen Bodnar – aye, James Burke – aye, Thomas Carringi- aye, Clarence Fosdick – aye, Barbara Faraone – aye, William Moreau – aye, Clifford Hanehan –aye.    Carried 7 – 0.

                                    

Old Business: 

 

New Business:

 

Barbara Faraone made a motion, seconded by Chairman Stephen Bodnar, to adjourn the meeting at 8:15 p.m.  Chairman Stephen Bodnar – aye, James Burke – aye, Thomas Carringi- aye, Clarence Fosdick – aye, Barbara Faraone – aye, William Moreau – aye, Clifford Hanehan –aye.    Carried 7 – 0.

 

Next meeting will be January 28, 2008.

 

Have a Merry Christmas and Happy New Year!  

                       

Respectfully submitted,

 

Linda McCabe

ZBA Clerk

 

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