DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

April 26, 2004

7:30 PM

 

 

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

 

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 – absent, William Schutz – present, Joyce Waldinger – present, David Hall – present, and Alternate James Burke – present

 

Also present: Zoning Officer Robert Hathaway, Donald and Margaret Ormsby, James and Susan Bowen, John Witt, Douglas and Paula Sheely, Russell Kirkwood, Albert and Linda Macica, John and Judi McSwieney, Lisa Schroeder-Bevis and John Bevis, Walter Hayes, and Thomas and Edith Yannios.

 

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

March 22, 2004 meeting.  A motion was made by Barbara Faraone and seconded by Thomas Carringi to accept the minutes of March 22, 2004 as written.  Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Schutz – aye, Clifford Hanehan – absent.  Carried 7-0

 

Order of Business:

Bob Hall, former Town Supervisor and current County Planning Board Member addressed the board.  He commended the board on doing a great job.  Bob Hall referred to the Town of Saratoga’s 2002 Comprehensive Land Use Plan and the concerted efforts made by the boards and townspeople through numerous public hearings to create the plan which reflects the goals of the town and its land uses.  It took 2 ½ years to finalize the plan with a cost of $30,000.  He stated that a lot of thought went into the minimum lot sizes adopted in the plan and that we need to go by them.   He referred to the proposed marina on 1.69 acres and that the plan calls for a minimum of 3 acres.  The variance required is too substantial.  He asked the board to please consider the Comprehensive Plan’s guidelines when making their decisions and that it is too soon to start reducing the recommended lot sizes. 

 

#04-06: Martin Millis

              110 Schuyler St.

              Victory Mills, NY 12884

S/B/L# 170.38-1-6 Village Extension

 

Applicant is seeking to convert his home into two apartments.  Area variances for lot area and setbacks are needed.   Applicant failed to appear.

 

 

 

 

 

#04-07:Witt Construction                                                   ANW Holdings, Inc., Owner

563 North Broadway                                                       194 Woodlawn Avenue

Saratoga Springs, NY 12866                                Saratoga Springs, NY 12866

S/B/L# 206-1-38 Rural District

 

Applicant proposes a residential conservation subdivision of 9.31+/- acres at 79 Brown Road, Town of Saratoga.  An area variance is needed since the minimum requirement for a conservation subdivision is 10 buildable acres.

 

John Witt addressed the board with his design for the conservation subdivision, which consisted of three houses with 5.01 acres of open space.  He also remarked that without the conservation subdivision a road could be built to town specifications and three to four homes could be built.  Bob Hathaway, Zoning Officer, commented that the shared driveway shown on his plan is not in our zoning and that the town board would have to rezone in order for that to be permitted.  John Witt replied that with a conservation subdivision, frontage requirements are relaxed and there could be three separate private driveways off Brown Road. 

 

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

John McSweeney, 3 Hill Rd, adjoining property owner, addressed the board with questions and concerns.  The first was the high density created by the clustering of homes with the conservation subdivision.  The second concern was the 30-foot easement to the 5.01 acres of open space and the possible future use of the open space.  The third concern was with the precedent that the three clustered homes set for the 90 acres nearby in the future.   John Witt explained that the 5.01 acres would remain forever wild by deed restriction and that the 30-foot easement was there for access by farmers so that the 5.01 acres of open space could be hayed/farmed.   

Bob Hall commented that shared driveways are not allowed in the Comprehensive Plan and are not condoned by the Town Board.  Bob Hall questioned if the whole 9.31 acres are buildable and John Witt replied yes. 

Tom Yannios, 43 Hill Rd., spoke against the granting of the variance stating that the three homes would provide a congested look and that the town should keep with the Comprehensive Plan. 

Linda Macica, 98 Brown Rd., commented that the Planning Board does approve shared driveways.  John Witt added that with the tree line at the road it would not ruin the character of the neighborhood.

Marybeth Macica, 120 Brown Rd., asked who would own the 5.01 acres of greenspace and John Witt responded that it hasn’t been decided yet if it would be attached to one homeowner or to a homeowners association. 

Russell Kirkwood, 26 Hill Rd., asked if the Zoning Board would extend the decision for six months.  Chairman Stephen Bodnar responded that possibly 30 days but not six months.

All having spoken that wanted to the Public Hearing was closed.

 

Barbara Faraone read the letter from Attorney Stephen Parker, representing Michael Russo, 1150 Route 9P, who owns a parcel of land contingent to 79 Brown Road.  He stated his client’s concern is that a buffer zone be planned between the development and

 

 

the border of his property.  Chairman Stephen Bodnar mentioned that he spoke to Michael Russo on the phone and he spoke against the project.

Bill Schutz questioned which would be the best option, conservation subdivision with three homes or a town road with three homes?  John McSweeney asked John Witt, if denied, would he put a cul-de-sac in with three houses or would he go with two houses along the road?  John Witt stated that it would make sense to put in the cul-de-sac with the high prices that lots are bringing but he is not sure which way he would go.

 

Zoning Officer Robert Hathaway stated that if we allow shared driveways they should be for everybody and the Comprehensive Plan requiring 10 acres should be followed. 

 

Barbara Faraone made a motion to table the decision until the next meeting for more input.  No one seconded the motion.  Bill Schutz then made a motion to deny the request for the area variance since the developer has other options available and the current regulations state a minimum of 10 acres is required for a conservation subdivision.  Dave Hall seconded this motion. Chairman Stephen Bodnar – no, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – no, and William Schutz – aye, Clifford Hanehan – absent.  Carried 5-2  DENIED

 

#04-08 Donald & Margaret Ormsby

             331 Route 32

            Schuylerville, NY 12871

S/B/L#182-1-53 Rural District

 

Applicants are seeking area variances for lot size and the front setback for replacing their home that was destroyed by fire with a doublewide trailer 50’ x 26.6’.  Donald and Margaret Ormsby addressed the board and stated that the new home will set 15’ further back from the road than the home that was destroyed.  Chairman Stephen Bodnar noted that the water and sewer is there.  Bob Hathaway, Zoning Officer, noted that the area and setback is improving with the new home.  Chairman Stephen Bodnar read a letter in support of the variance from neighbor Martin Boivin.

 

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

 

Dave Hall made a motion to grant the variance for the front setback and lot area to enable the placement of the doublewide on the lot where they have lived for fifty years.  This also improves the setback that exists.  Thomas Carringi seconded the motion. .  Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Schutz – aye, Clifford Hanehan – absent.  Carried 7-0  GRANTED

 

 

 

 

 

 

 

 

 

#04-09 Jim & Sue Bowen

            414 Burgoyne Rd.

            Saratoga Springs, NY 12866

S/B/L#168-2-26 Rural District

 

Applicants are seeking a lot area variance to place a 14’ x 28’ inground pool on +/- 30,000-sq. ft. lot, where 80,000-sq. ft. is required.  Jim and Sue Bowen addressed the board with the drawings for the placement of the inground pool. Chairman Stephen

Bodnar read a letter in favor of granting the variance from neighbors Peter Grassi and Yvonne Woolley.   The Bowen’s stated that they are trying to purchase additional property as they lack the 80,000 sq. ft. required.  James Burke commented on the property’s location and how private it is resulting in no impact to the neighborhood.

 

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

 

 Joyce Waldinger made a motion to grant the area variance as presented for the placement of an inground pool and James Burke seconded the motion.  Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – abstain, Barbara Faraone – aye, and William Schutz – aye, Clifford Hanehan – absent.  Carried 6 - 0, 1 abstain  GRANTED

 

#04-10 Doug & Paula Sheely

             269 Rt. 32 South

             Schuylerville, NY 12871

 S/B/L# 169.-1-46 Rural District

 

Applicants are seeking an area variance to place an 18’ x 36’ inground pool on a +/- 38,000-sq. ft. lot, where 80,000-sq. ft. is required.  Doug and Paula Sheely addressed the board and presented letters from the bordering neighbors, Lea Seymour and David and Joan Riebel, stating no objections to the granting of a variance for the inground pool.  Zoning Officer Bob Hathaway spoke in favor of granting the variance, as it is insignificant. 

 

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

 

Chairman Stephen Bodnar introduced a motion to grant the area variance as presented for the placement of an inground pool and Barbara Faraone seconded it. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Shutz – aye, Clifford Hanehan – absent.  Carried 7-0  GRANTED

 

 

 

 

 

 

 

 

 

Information

Walter Hayes

Burgoyne Rd.

Schuylerville, NY 12871

S/B/L # 169-1-66 Rural District 

 

Information is requested regarding building on property owned by Arthur Sutliff, 256 Burgoyne Rd., Schuylerville, NY where a mobile home now exists.  Walter Hayes addressed the board representing Arthur Sutliff.  He explained that he wanted to build a 24’ x 24’ single story home on a frostwall slab to replace the 60’s version mobile home with additions that is presently there and to clean the lot up.  Arthur Sutliff would live in the mobile home while the new home is being constructed.  The setbacks will be met and  improved but the side setbacks will not be met and are not presently met.  It was noted that he is reversing the location of the home and overall is improving the lot.  Chairman Stephen Bodnar explained that the lot is an undersized lot that was established prior to zoning and that now a variance is needed since he is not building on the same footprint.  Chairman Stephen Bodnar polled the board and they were in agreement that it is an improvement and when he applies for the variance it should be granted.

 

Old Business: Chairman Stephen Bodnar referred to the memo from Supervisor Thomas Wood given to the board regarding the meeting scheduled for May 5th at 7:00 p.m. for a presentation by Larry Benton of the County Planning Board on Planned Unit Developments (PUD’s) and he noted the importance of all attending. 

 

Barbara Faraone asked for an update on the status of the variance requested for a marina by Robert and Jean Tarrant on County Rd. 68.   It was noted that no action was taken and a general discussion by the board on the special meeting held for the marina variance followed.

 

New Business

 

The next Zoning Board of Appeals meeting will be Monday, May 24, 2004 at 7:30 p.m.

 

A motion to adjourn was made at 9:37 p.m. by James Burke and seconded by Joyce Waldinger.  Chairman Stephen Bodnar – aye, Clifford Hanehan – absent, Joyce Waldinger – aye, Thomas Carringi – aye, James Burke – aye, David Hall – aye, Barbara Faraone – aye, and William Schutz - aye.   Carried 7-0

 

 

Respectfully submitted,

 

 

Ruth L. Drumm

Clerk

 

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