TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

April 26, 2021*

 

Chairman William Moreau called the meeting to order at 7:00 p.m. and led the flag salute. 

 

Chairman William Moreau welcomed everyone to the meeting and proceeded to review the Rules of the Board.

 

Zoning Clerk Linda McCabe called the roll: Chairman William Moreau – present, Clifford Hanehan – present, Thomas Carringi – present, Christopher Benn – present, Steve Mehan - present, Mark Sullivan –absent, Mark Solan – present, Rick Burke - present.

 

Due to the absence of Mark Sullivan, Alternate Rick Burke was elevated to full voting status.

 

Also present: Zoning Officer Gil Albert, Attorney William Reynolds, Mark Lampron, Bill

Iglewski, Paul Gutto, Andrew Kazanjian, Craig and Jennifer Sutherland.   (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Christopher Benn, seconded by Mark Solan, to accept the meeting minutes of October 26, 2020 as written.   Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – absent, Mark Solan – aye, Alternate Rick Burke - aye.

Carried  7 - 0

Approved

 

Public Hearings for Area Variance

 

Mark Lampron, Screaming Eagle Brewery #21-01

123 Co. Rt. 69

Schuylerville, NY 12871

S/B/L 182.-1-72 Rural District

 

Applicant seeks 114’ frontage variance and 14’ lot width variance in order to open a brewery for commercial distribution on his property.

 

Applicant Mark Lampron appeared before the Board and reviewed his application.  He explained he was before the Planning Board in October 2020, seeking a special use permit for a brewery and distribution business.  He’d been told he needed a frontage variance and Zoning Officer/Building Inspector Gil Albert told him he needed a 14’ lot width variance.  (According to Planning minutes, he was told he needed a 200’ frontage variance.)   The Planning Board told him this had to go before the Zoning Board prior to going forward with the special use permit.  He said that this will be done in his basement, it’s a one-barrel system, very clean and no special electrical work is required and no customers coming to the property.

 

Zoning Officer/Building Inspector Gil Albert added that the Applicant neglected the frontage variance needed on his application and while reviewing it, he caught the error and corrected it.  The Applicant was unaware of the correction and he apologized for that.

 

Chairman William Moreau asked if there were any Board questions.

 

Clifford Hanehan questioned the frontage.

 

Zoning Officer/Building Inspector Gil Albert responded his property is over 5 acres, so per Town regulations, he needs a minimum 300’ of frontage.

 

Clifford Hanehan questioned when the lots were subdivided.

 

The Applicant replied he bought the lot in 2004 and it was already subdivided. 

 

Zoning Officer/Building Inspector Gil Albert added that someone messed up allowing someone to subdivide a 5+ acre lot with only 186’ of frontage, because a 5+ acre lot requires 300’ of frontage.  But that was done prior to the Applicant purchasing it, so it’s not the Applicant’s fault.

 

Attorney Willian Reynolds responded he didn’t realize 300’ of frontage is required for 5+ acres.

 

Zoning Officer/Building Inspector Gil Albert and Christopher Benn responded 5+ acres has always required 300’ of frontage, it’s in the zoning regulations.

 

Chairman William Moreau asked if there were any further questions or comments of the Board; there were none.

 

After providing Proof of Notice in the Saratogian on April 16, 2021, Chairman

William Moreau opened the Public Hearing at 7:12 p.m. asking those wishing to speak, to please stand and state their name and address:

 

Paul Gutto, stated he is a partner with the Applicant and reiterated that this is a one-barrel system, no massive tanks, and they can start brewing even without a special use permit if they were brewing just for themselves, but since they’re going to bottle and distribute it, they need the permit.  They wouldn’t be in front of this Board aside from that.

 

Seeing as no one further wished to speak, Chairman William Moreau closed the Public Hearing at 7:14 p.m.   He then asked if there were any further Board comments or concern; there were none. 

 

Chairman William Moreau went through the Balancing Test for Area Variance, line by line, with the Board to balance benefit to the Applicant with detriment to health, safety & welfare of the community:

 

1.  Whether benefit can be achieved by other means feasible to applicant – Chairman William Moreau said no and the Board members agreed.

 

2.  Undesirable change in neighborhood character or detriment to nearby properties – Chairman William Moreau said no, Christopher Benn said it’s keeping within the neighborhood and the Board members agreed.

 

3.  Whether request is substantial – Clifford Hanehan and Christopher Benn said no; Board members agreed.

 

4.  Whether request will have adverse physical or environmental effects –Clifford Hanehan, Chairman William Moreau and Christopher Benn said no; Board agreed as well.

 

 

 

5.  Whether alleged difficulty is self-created, relevant but not determinative – The entire Board said no, the land was purchased as is.

 

A motion was made by Mark Solan, seconded by Rick Burke, to accept the application as presented and grant the requested variances.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark

Sullivan – absent, Mark Solan – aye, Rick Burke - aye. 

Carried  7 - 0

Granted

 

The Applicant thanked the Board.

 

Jennifer & Craig Sutherland #21-02

188 Hanehan Rd.

Schuylerville, NY 12871

S/B/L 195.-1-57 Rural District

 

Applicants seek a 15’ front setback to construct a 26’ x 36’ metal garage.

 

Applicant Craig Sutherland appeared before the Board and stated they have 5.5+/- acres and are seeking to build a 26’ x 36’ metal garage.  He said they are within their setbacks but need a 15’ road frontage variance.  He reviewed the lay of the land and explained he doesn’t want to go too close to the existing garage nor too close to the ravine.  The placement of this would be approximately 16’ and 20’ from the garage and ravine.  He added there will be two garage doors; a

9’ x 8’ door for access to mowers etcetera and a 12’ overhead door.

 

Chairman William Moreau asked if there were any Board questions; there were none.

 

Chairman William Moreau questioned the sight line and asked for Zoning Officer/Building Inspector Gil Albert’s opinion.

 

Zoning Officer/Building Inspector Gil Albert stated he is fine with this and no problem with sight line.

 

Chairman William Moreau asked for the opinion of Town Attorney William Reynolds; he had no opinion.

 

After providing Proof of Notice in the Saratogian on April 16, 2021, Chairman

William Moreau opened the Public Hearing at 7:21 p.m. asking those wishing to speak, to please stand and state their name and address.  Seeing as no one spoke, Chairman William Moreau closed the Public Hearing at 7:22 p.m.   He then asked if there were any further Board comments or concern; there were none. 

 

Chairman William Moreau went through the Balancing Test for Area Variance, line by line, with the Board to balance benefit to the Applicant with detriment to health, safety & welfare of the community:

 

1.  Whether benefit can be achieved by other means feasible to applicant – Clifford Hanehan said no, not without getting into the ravine; the Board members agreed.

 

 

 

2.  Undesirable change in neighborhood character or detriment to nearby properties – Chairman William Moreau said no and the Board members agreed.

 

3.  Whether request is substantial – Christopher Benn, and Clifford Hanehan said no, not compared to others and this is a large lot; Board members agreed.

 

4.  Whether request will have adverse physical or environmental effects –Chairman William Moreau said no, the Board agreed.

 

5.  Whether alleged difficulty is self-created, relevant but not determinative - Chairman William Moreau said no, the lot size and shape can’t be changed; the Board members agreed.

 

A motion was made by Christopher Benn, seconded by Mark Solan, to grant the 15’

variance as presented.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas

Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – absent, Mark Solan – aye, Rick Burke - aye.

Carried  7 - 0

Granted

 

The Applicant thanked the Board.

 

Information

 

Andrew Kazanjian appeared seeking advice and opinion of the Board concerning his plans for 1390 Rt. 9P, the Calvin Gong property.  He explained he will be going before the Planning Board later this week and is aware if his proposed subdivision of the property is approved, he’ll need to come back before the Zoning Board with an application for a variance.  The property meets frontage, once divided each lot will have 70’, but if divided, each lot will only have 9,025 sq. ft. and 15,000 is required.  He is wondering if they think they think this is doable. 

Zoning Officer/Building Inspector Gil Albert stated he meets all but the square footage and most lots in that area are less than 5000 sq. ft. 

Christopher Benn said he meets frontage but not square footage and it’s not out of character for that area.   

Zoning Officer/Building Inspector Gil Albert said he’s pushing hard for this because it’s been a thorn in everyone’s side and needs to be cleaned up. 

Mark Solan said if he builds just one house without subdividing, he wouldn’t need a variance.  Andrew Kazanjian responded he can’t afford to purchase without subdividing it. 

After a lengthy discussion, Town Attorney William Reynolds said the Board is not here to give advice and the Board is not to give opinion on any proposed project without first having a full application. 

Discussion continued and Chairman William Moreau said once they have the application the Board will consider and vote, but they can’t say now, as they don’t have all the facts.  They know the project and would like to see the improvement there.  They like the concept.  He told Andrew to go before the Planning Board and then back to the Zoning Board next month.

Andrew Kazanjian thanked the Board for their time.

 

Old Business:  

 

New Business: Chairman William Moreau and the Board welcomed new member Rick Burke to the ZBA.

 

 

A motion was made by Mark Solan, seconded by Clifford Hanehan, to adjourn the

meeting at 8:06 p.m.  Chairman William Moreau – aye, Clifford Hanehan - aye,

Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – absent, Mark Solan – aye, Rick Burke - aye. 

Carried  7 - 0

Meeting Adjourned

 

*Notice of correction:  Applicants were incorrectly numbered on the agenda as 21-02 & 03.  Minutes reflect correction.

 

The next Zoning Board of Appeals meeting will be held May 24, 2021.   

 

Respectfully submitted,

 

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~