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 Faraones 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. Sekerichs e-mail address and Mr.
Galarneau said he can give them one of Mr. Sekerichs 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