TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

August 26, 2019

 

 

Chairman William Moreau called the meeting to order at 7:00 p.m. and asked for a Moment of Silence in honor and memory of former Z.B.A Chairman, Stephen Bodnar, who recently passed away. 

 

Chairman William Moreau led the flag salute, 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, Clarence Fosdick – absent, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Mark Sullivan - present.

 

Due to the absence of Clarence Fosdick, Alternate Mark Sullivan was elevated to full voting status.

 

Also present: Zoning Officer Gil Albert, Attorney William Reynolds, Dick Vale, Vinny & Elizabeth DiMartino, George Olsen, Jason Thomas, Monica Bell, Terri Korb, John Cashin, Larry & Sally King. (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Christopher Benn, seconded by Steve Mehan, to accept the meeting minutes of July 22, 2019.   Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - absent, Steve Mehan - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Thomas Carringi - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

 

Public Hearings for Area Variance

 

Vinny & Elizabeth DiMartino #19-05         Representative:  George Olsen, Olsen Associates

173 Carrol St.                                                                              36 Long Alley

Brooklyn, NY 11231                                                                   Saratoga Springs, NY 12866

S/B/L  206.6-2-16 Lake Residential

Location: 1191 Rt. 9P

 

Applicant seeks an area variance of 6,000 square feet, 26' front setback and 1'5" back setback variances in order to remove existing structure and construct a new house.

 

*Board Member Nicholas Schwartz recused himself due to a contractual relationship he has with the Applicant's agent.  He then arose and sat with the public.

 

George Olsen, Olsen Associates, Architects, 36 Long Alley, Saratoga Springs, NY, appeared on behalf of the Applicants.  He stated that the Applicants are under contract to purchase the property on Rt. 9P.  There is an existing 1½ story house with full basement, perched precariously on the edge of the bank.  The Applicants would like to remove the current house and garage and construct a new 2 story single family home with attached garage.  They would like to move it back in line with the bank so it is no longer hanging over the bank edge, and they'd like to pull it back 10' from the existing setback from the street.  The problem is, when the lot was rezoned, the front setback and rear setback now overlap with no space between, so the existing house is 18' from the rear setback; they'd like to pull it back 5', which makes it 1½' short of the required setback.  The front setback currently is 4' to the face of the covered porch, they'll be removing the existing house and making the house wider but less deep, so they're asking for 14' back from the front property line.  They do not need any side setback variances as the house will be wider but shorter/more narrow. 

 

Clifford Hanehan was confused on the overlapping of setbacks.

 

George Olsen reviewed his submittals with the Board and explained the red line shows the front setback and the green line is the rear yard setback.  When it was rezoned, the two setbacks overlap with no space between them. 

 

Zoning Officer/Building Inspector Gil Albert stated the lot is pre-existing.

 

Chairman William Moreau asked if there were any Board questions; there were none.  He then asked the opinion of the Zoning Officer.

 

Zoning Officer/Building Inspector Gil Albert stated they're making the best they can of the lot and concerning the setbacks, they're making it better.

 

Chairman William Moreau then asked for the opinion of Town Attorney William Reynolds. 

 

Town Attorney William Reynolds said two variances are significant and he'd prefer to answer questions of the Board.

 

Zoning Officer/Building Inspector Gil Albert added they need to remember this is an existing lot and below percentage of lot coverage.

 

Clifford Hanehan questioned if the square footage is greater or less with the proposed house.

 

George Olsen responded greater, but the new house will be shaped differently.

 

Chairman William Moreau questioned the square footage of the existing house and garage.

 

George Olsen responded approximately 1500+/- plus decks.  He said the proposed is 2400, including a two car garage.  He added as there is an entrance on each end of the parcel, they'd like to put pavers across the front, between them, so they won't have to back out onto Rt. 9P. 

 

Zoning Officer/Building Inspector Gil Albert told him to check with NYSDOT, as they made another owner who had two access points to their property on Rt. 9P, remove one. 

 

Clifford Hanehan questioned how will front and back setbacks change.

 

George Olsen replied currently the front setback is at 4' and they're going to 14', back setback is currently at 18'7" and going to 23'7", bringing in the front setback 10', the back setback 5' and with removing the current garage they eliminate the need for any side setbacks.

 

Clifford Hanehan questioned if they've considered moving the house further back for more stability.

 

George Olsen responded, looking at the submittal, the blue line is the current bank of the ledge and they plan to be on that line or as close as possible to it.  He said if they receive the variances, they have a geo-technical engineer set up to go look at the bank.  They anticipate doing a deeper foundation in the back, there will be a basement for stability and it will be anchored on site.  He then showed the Board an email that the current owner had which shows it was stabilized, but they will be sure it is stable before building on it.

 

Christopher Benn questioned Zoning Officer/Building Inspector Gil Albert if DEC or Army Corp need to be notified.

 

Zoning Officer/Building Inspector Gil Albert responded as long as they're building out of the water there is no issue.

 

Clifford Hanehan asked to read the email aloud, he read: "The shore line had not been hardened or stabilized in the past when the cottage was originally built by the prior owner.  The cottage construction also predates current NYS building code requirements and is considered a pre-existing structure that is grandfathered in.  We applied/completed a NYS DEC permit that required the width of 150' of shoreline for stabilization, spent $50,000.00 in the process when acquiring the cottage.  The shoreline is now considered hardened and stabilized to NYS DEC standards.  You have the DEC information on file, however the cottage structure issues, as seen, would be why the property will be torn down."

 

Chairman William Moreau stated at some point we should have a copy of that for the file.

 

George Olsen replied along with a copy of the geo-technical report when they get that as well.

 

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

 

After providing Proof of Notice in the Saratogian on August 16, 2019, Chairman William Moreau opened the Public Hearing at 7:22 p.m. asking those wishing to speak, to please stand and state their name and address:

 

Richard Vale, 1128 Rugby Rd., Schenectady, NY, owner of Saratoga Lake Motel, 792 Rt. 9P, gave a history of the property, said the property is not stable, how the owner wouldn't sell it to him and he is opposed to this.

 

Terri Korb, 17 Hill Rd., had concerns over the location of the fence, feels the proposed home is excessive in size and is very opposed to this.  She also read a letter from a neighbor who is opposed to this as well, adding that her neighbor didn't receive notification until this past Wednesday.  She did not submit said letter to the Board.

 

Sherry Treiber, 573 Rt. 9P, current owner of 1191 Rt. 9P, stated her husband did a lot to make sure the bank was stabilized and she thinks the proposed owners are doing their due diligence to make sure that the studies are done appropriately and that whatever is needed for construction is done correctly.  Nothing will be done that is problematic or cause erosion.  The property has quite a width to it to accommodate a structure; the properties on either side are not buildable lots.

 

George Olsen asked to speak and received Board permission.  He stated that in the beginning of his presentation he said he is an architect.  He is not a geo-technical engineer.  The DiMartino's came to him and said they are looking at this house and he told them the first thing they need to do is get a geo-technical engineer.  They have two proposals in excess of $7,000 - $8,000 with geo-technical engineers, who, not surprisingly, are too busy to get this done before their contract is up with the seller.  So what they wanted to do is come before the Board tonight and address the zoning issues, knowing very well we have to go back for the geo-tech work before we can get a building permit or before he, personally, will stamp the building that goes on there.  He will make sure the bank is stable and figure out the best way to keep the house on the bank.  We all know that banks erode and that the existing structure was probably built on shallow footings; it's coming down because it doesn't sit on the property well.  What they'd like to do, as he said in the beginning, is shrink the house in the front to back distance so it does relate to the bank and they'll have full geo-technical information - if that proves to be not stable, as that gentleman stated earlier, my clients won't buy the property.  He said they don't think that's the case, at least from the preliminary investigation.

 

Zoning Officer/Building Inspector Gil Albert added that this is for the variances for the house.  As far as technical engineering, they'll do what they have to do, probably stabilize it like they've done on Rt. 9P.  They may have to go down to the bedrock of the lake and build the wall up, but they are seeing if they can get the variance first, to get started.  Then they'll decide to spend the money on the engineering, or not.  It can be done, it's just a question if they want to spend the money to do it all.  But tonight they are here to see if they can get the variances.

 

Christopher Benn then stated he wanted to address the comment that everyone's talking about- the 6000 square feet variance; that has to happen on that lot no matter what.  It doesn't matter if they want to build a match box on that lot, they still need the 6000 square feet area variance due to the existing constraints of that lot. 

 

Zoning Officer/Building Inspector Gil Albert agreed and said it isn't anything they created and they're keeping the percentage down under the 35%  coverage; due to the constraints of the lot they need two variances.  As George pointed out, if you go by what is required, you can't put anything there, you're at negative numbers.  You have to get a front and back variance no matter what you do there.

 

Attorney William Reynolds added that currently there is a single family dwelling on this lot and has been for some time.  We should not be taking, from home owners, the ability to have a viable property.  So your job, as a Board, is to try and minimize the impact but not take away property rights of the owners; you need to strike a balance.

 

Chairman William Moreau stated to clarify an earlier comment by Terri Korb, Jan Wysocki received her notification on August 19th, not last Wednesday.  We have the receipt of delivery, which shows the tracking number and that it was delivered at 2:31 p.m. and signed for at her reception desk on August 19, 2019.

 

Seeing as all had spoken that wished to be heard, Chairman William Moreau closed the Public Hearing at 7:42 p.m.

 

Chairman William Moreau asked if there were any further Board comments or concerns prior to going  through the Balancing Test.

 

Clifford Hanehan commented, to clarify, what the Zoning Board has to do, is look at what their charge is.  It is not the Board's job to do the geological studies or the assessments of whether this house can properly or safely be built.  It is our charge to do our job, which is to see what house fits here and to see how the setbacks all work and there are two or three variances here the Board has to look at.  So that is what the Board is charged with looking at; not some of the other things that have been brought up. 

 

Chairman William Moreau went through the Balancing Test, line by line, with the Board; the Board found in favor of the Applicant. 

 

Town Attorney William Reynolds noted that due to pre-existing lot size, no matter what is done, variances will seem substantial, but you can't build a house any other way. 

 

Clifford Hanehan added that if  it can be done with the geology and safely done, it can be done.  Other houses on that lake have been done. 

 

Chairman William Moreau stated if they stabilize it and put a house there, they'll reduce erosion and/or environmental effects.  They're stabilizing the bank.  Everyone's worried that this bank is going to erode more, well in fact they're stabilizing it by putting a foundation there, similar to the retaining wall that was put in on Rt. 9P foundation.

 

Zoning Officer/Building Inspector Gil Albert stated he can't/won't issue a building permit without first being provided information regarding the engineering, per state code.

 

A motion was made by Christopher Benn, seconded by Mark Sullivan, to approve the variances as presented.  Chairman William Moreau – aye,  Clarence Fosdick - absent, Steve Mehan - aye, Christopher Benn - aye, Nicholas Schwartz - recused, Clifford Hanehan - aye, Thomas Carringi - aye, Mark Sullivan - aye. 

Carried  6 - 0

Approved

 

*Board Member Nicholas Schwartz returned to the Board.

 

Lawrence & Sally King #19-06

157 Nielson Rd.

Saratoga Springs, NY 12866

S/B/L 193.14-1-1 Lake Residential

 

Applicants seek to demolish existing house and construct a new home on the same footprint.  

 

Applicant Larry King appeared before the Board, handed copies of their survey to the Board members and stated they bought the house 3 years ago and they've done some landscaping but there are issues with the house.  The porch roof is holding water and dipping down and looking out the windows, you see the dipped roof, not the lake.  They've been trying to figure out how to fix it, which is what they really wanted to do, as they weren't looking to build new.  But when you take the porch off, and try and get the foundation properly supported and get the floor level with everything else and start changing the roofs; it starts to become quite a project, adding  they might as well demolish it.  So they are asking the Board for a variance in order to build upon the exact footprint; they don't want to go bigger, perhaps smaller, but there are structural things very wrong there; it was built piecemeal.    He then said either they demolish it or he's afraid it will be condemned.  He added that the survey shows a deck but that is now gone.

 

Zoning Officer/Building Inspector Gil Albert stated this is a corner lot on Rt. 9P and Nielson Rd.  As their driveway is on Nielson Rd., their address is Nielson Rd. so they need the variance. 

 

Clifford Hanehan noted if on Rt. 9P they wouldn't need the variance, but because on Nielson, they need a 23' variance.

 

Nicholas Schwartz stated that with a corner lot with two roads you have two fronts with the possibility an address on either one; clearly his address is Nielson Rd. so that should be considered front.  He's requesting a 17' variance, pretty cut and dry.  He then told the Applicant he'd probably like to amend his application from 40' to 23', which is a 17' variance.

 

Applicant Larry King agreed with him and amended his application.

 

Christopher Benn questioned if the percentage of coverage is for the total property.

 

Zoning Officer/Building Inspector Gil Albert responded yes and it's no problem.  With decks and sheds its 9% - 15%, well under the 35%, so no variance needed for that.

 

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

 

Chairman William Moreau asked for the opinion of the Zoning Officer.

 

Zoning Officer/Building Inspector Gil Albert responded he sees no issue and they are making it better.

 

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

 

After providing Proof of Notice in the Saratogian on August 16, 2019, Chairman William Moreau opened the Public Hearing at 8:04 p.m. asking those wishing to speak, to please stand and state their name and address.  Seeing as no one wished to speak, Chairman William Moreau closed the Public Hearing at 8:04.5 p.m.

 

Chairman William Moreau then went through the Balancing Test, line by line, with the Board; the Board found in favor of the Applicant.

 

A motion was made by Clifford Hanehan, seconded by Thomas Carringi, to approve the 17' front variance as amended by the Applicant.  Chairman William Moreau – aye,  Clarence Fosdick - absent, Steve Mehan - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Clifford Hanehan - aye, Thomas Carringi - aye, Mark Sullivan - aye. 

Carried  7 - 0

Approved

 

Old Business:

 

Board member Nicholas Schwartz stated next month will be his last meeting until he is able to move back here.

 

Attorney William Reynolds reviewed what is and is not substantial with variances, explaining that it is subjective and that even if the answer is that a requested variance is substantial, it does not mean the Board has to vote against it; you go through the criteria, even if it was self created, it does not mean it should be automatically denied.

 

New Business: None.

 

A motion was made by Nicholas Schwartz, seconded by Mark Sullivan, to adjourn the

meeting at 8:23 p.m.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - absent, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye. 

Carried  7 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held September 23, 2019.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk                             

                                   

 

 

 

 

 

 

 

 

 

 

 

 

 

~ Meeting dates are subject to change ~