TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

August 28, 2017

 

 

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 – absent, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - absent, Alternate Member Mark Sullivan - present.

 

Also present: Town Attorney William Reynolds, Zoning Officer Gil Albert, Kevin Hanna, Jim Schriefer, Peter Lasse, Eric & Melissa Jackson, Terri Korb and Kim Cura.  (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Clarence Fosdick seconded by Mark Sullivan, to accept the meeting minutes of July 24, 2017.   Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye.

Carried  6 - 0

Approved

 

Public Hearings for Area Variance

 

Peter & Patricia Lasse #17-12

60 Paschal Dr.

Milford, CT 06461

S/B/L 209.13-1-14 Conservancy

Location:  199 River Rd.

 

Applicants seeks a 62' two-sides setback variance and a 13' side setback variance to construct a new house.

 

Applicant Peter Lasse appeared before the Board and reviewed his application, seeking variances in order to build a new house.  He handed out depictions of the proposed house, stating he knows he's in the flood plain and that he has to build up due to that and he is working with James Vianna, PLS.

 

Chairman William Moreau asked if there were any Board questions.

 

Clarence Fosdick asked for the variances and after Board discussion, it appeared the Applicant didn't need 62', he needs 42', which is better.  Zoning Officer/Building Inspector Gil Albert apologized for that error, stating his math was off. 

 

Nicholas Schwartz questioned if the Applicant will be within the percentage of lot coverage allowed.

 

 

Zoning Officer/Building Inspector Gil Albert responded it's plotted out, centered more, more rectangular and will be within the allowable percentage of lot coverage. 

 

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

 

Chairman William Moreau asked if there was an opinion from the County; there was none.

 

After providing Proof of Notice in the Saratogian on August 18, 2017, 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. 

 

Terri Korb, 17 Hill Rd., asked for clarification of the requested variances.

 

Chairman William Moreau reviewed the requested variances for her.

 

Terri Korb, 17 Hill Rd., asked why the variances are needed.

 

Christopher Benn replied it is a pre-existing, nonconforming lot, but as they're looking to change the existing footprint and structures, it takes it out of being 'pre-existing/grandfathered'.  He now needs a variance to do this according to our zoning regulations.

 

Chairman William Moreau asked if there were any further questions; seeing none, Chairman William Moreau closed the Public Hearing at 7:14 p.m.

 

Chairman William Moreau then went through the balancing test, line by line, with the Board.  He asked if there were any further questions or concerns of the Board; there were none.  He asked if there was anything from the county; there was not.

 

A motion was made by Nicholas Schwartz, seconded by Christopher Benn, to approve the requested 42' two-sides variance and the 13' side setback variance.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye.

Carried  6 - 0

Granted

 

Eric & Melissa Jackson #17-13

24 Fenimore Pl.

Wilton, NY 12831

S/B/L 193.5-1-1.2

Location:  across the road from 134 Franklin Beach Rd.

 

Applicants seek a 15' front setback and an 11' two-sides setback variances in order to build a single family home.

 

Applicant Eric Jackson appeared before the Board and reviewed his application.  He stated his Mother-in-law, Donna Hladik, recently completed a lot-line adjustment of her lots, which squares up the lot they will build on.  Her home is on the lakeside parcel and theirs is to be across the road.  He stated they will be removing a shed and carport in order to build a new house.  The

 

 

neighbors are in favor of this and it will allow them to be close to their family and mother-in-law. 

 

Nicholas Schwartz asked what his variances are.

 

Applicant Eric Jackson stated the lot is 62' x 100' and variances are 25' off front and rear of property and 10' each side. 

 

Chris Benn stated that really it is 15' off the road.

 

Zoning Officer Gil Albert stated he'll need to see a copy of the deed.

 

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

 

Chairman William Moreau asked for the opinion of Town Attorney William Reynolds; there was no opinion.

 

After providing Proof of Notice in the Saratogian on August 18, 2017, Chairman William

Moreau opened the Public Hearing at 7: 24 p.m. asking those wishing to speak to please stand and state their name and address.  Sseeing as no one spoke, Chairman William Moreau closed the Public Hearing at 7:25 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.

 

Chairman William Moreau asked if there were any further questions or concerns of the Board; there were none.  He asked if there was anything from the county; there was nothing.

 

A motion was made by Clarence Fosdick, seconded by Mark Sullivan, to grant the 15' front setback and the 11' two-sides setback variances as requested.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye.

Carried  6 - 0

Granted

 

Kevin Hanna #17-08

26 Squire Circle

Lake Luzerne, NY 12846

S/B/L 193.10-1-19 Lake Residential

Location:  1316 Rt. 9P, Saratoga Springs, NY 12866

 

Returning Applicant seeks numerous variances in order to build a single family home.

 

Applicant Kevin Hanna appeared before the Board and stated he scaled back his plan as the Board suggested last month.  He had an updated map and survey completed.

 

Zoning Officer/Building Inspector Gil Albert stated the map needs to be corrected, as it has the old date on it.

 

 

Clarence Fosdick questioned if the drawing number is the same; if so it needs correction.

 

Applicant Kevin Hanna replied he will see to it.  He then looked closely at the map and stated that if the Board looks in the red block on the map, the corrections are already there.

 

The Board was okay with the corrections that were on the map.

 

Zoning Officer/Building Inspector Gil Albert stated he doesn't want to see anything less than 5' on the side property lines.

 

Applicant Kevin Hanna stated he is happy to do the 5', it will work for them; the one side setback variance will then be 5' instead of 3'.

 

Nicholas Schwartz told the Applicant to know his boundaries of the building envelope and to stay within it, two sides to be 19'11", one side to be 5'.  He added the paper map says it is scaled to 10',  but it is actually scaled to 8'.  At 10' it won't fit, as this is scaled at 8'. 

 

Applicant Kevin Hanna questioned if he was getting the same envelope, but moving it? 

 

Nicholas Schwartz replied as long as he can make it work, or he'll have to downsize the house.

 

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

 

Chairman William Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert; he stated he is okay with this.

 

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

 

After providing Proof of Notice in the Saratogian on August 18, 2017, Chairman William

Moreau opened the Public Hearing at 7: 37 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 7:38 p.m.

 

Chairman William Moreau read the findings of the Saratoga County Planning Board; their decision was to approve this variance. 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 Nicholas Schwartz, seconded by Clarence Fosdick, to approve the application with the modification of the variance for the two-sides setback to be 18'11" (not 19'6") and the one side setback at 5'.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye.

Carried  6 - 0

Granted

 

 

 

 

James Schriefer #17-09

3 Palmers Maple Shade

Saratoga Springs, NY 12866

S/B/L 206.9-2-67 Lake Residential

 

Returning Applicant seeks a 39'.6" front setback variance, as he has built beyond his previously granted variances. 

 

Returning Applicant James Schriefer appeared before the Board and reviewed his previously granted variances of 2014 and had a lengthy discussion with the Board on why he built beyond the granted variances.  Applicant James Schriefer said it was a mistake that his surveyor made.  

 

Nicholas Schwartz questioned if the Applicant had the opportunity to go over the survey with the surveyor before he submitted it in 2014.

 

Applicant James Schriefer said yes, his surveyor gave him a stamped, sealed survey.

 

Nicholas Schwartz stated that the stamped, sealed survey represents an accurate survey.

 

Applicant James Schriefer stated that he wrote the wrong numbers on the application.

 

Clifford Hanehan said the Applicant said the survey was wrong, now says he himself wrote down the wrong numbers on his application.

 

Applicant James Schriefer replied he did that because the surveyor didn't put the porch on the map.  He shifted the house by 4-5 inches to keep the new porch within the property lines by .4 of an inch.  He then said for the Board to tell him what he needs to do.

 

Nicholas Schwartz asked to see the new blueprints for the house.

 

Applicant James Schriefer gave them to him to review and stated his neighborhood has 18 plots, with 17 houses.  He stated there are some houses there that the only way one can get to the back yard is to go through the house.  He is asking to keep his house as is.

 

Nicholas Schwartz stated the Board has to look at the general safety and welfare of all the residents.  The Applicant's house being less than 5" from a plowable road is not safe.  He then added the Applicant needs to remove 3' - 5' of the entire porch for safety reasons.  Just because it was existing doesn't matter.  Once the Applicant removed the foundation, he took it out of "existing".  He added that he makes decisions based upon the town regulations.

 

Applicant James Schriefer said even removing 3' of the porch, puts him over the previous approval.

 

Clifford Hanehan asked Town Attorney William Reynolds, as the Board considers the safety and welfare of the residents, is it his opinion to grant this?

 

Town Attorney William Reynolds said the Board should look at the previously granted variances.  Is he beyond what was granted?  Yes.  You cannot backtrack on previously granted variances.  He is now in excess.  Is this self created, yes. 

 

Zoning Officer/Building Inspector questioned if Applicant James Schriefer had his survey with the original house?

 

Applicant James Schriefer responded no.

 

After providing Proof of Notice in the Saratogian on August 18, 2017, Chairman William

Moreau opened the Public Hearing at 8:10 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 8:11 p.m.

 

Chairman William Moreau then went through the balancing test, line by line, with the Board. 

The Board did not find in favor of the Applicant.

 

A motion was made by Clarence Fosdick, seconded by Mark Sullivan, that the Applicant is to remove 4' of the entire front porch, bringing the front porch to the size of 6' x 29'.5''.  The front porch is to be 4' 4" away from the property line, resulting in a 35' 6" front setback variance and an area variance of 42.5%.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye.

Carried  6 - 0

Granted

 

Information:

 

The Board had a lengthy discussion with George Olsen, Olsen Associates Architects, and property owners Stephen and Jane Mastaitis on different options that might be done on the Mastaitis' land on Franklin Beach Rd.

 

Old Business: None

 

New Business: None

 

A motion was made by Clarence Fosdick, seconded by Nicholas Schwartz, to adjourn the meeting at 8:59 p.m.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - aye. 

Carried 6 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held September 25, 2017.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

~Meeting dates are subject to change~