TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
February 25,
2019
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, Clarence
Fosdick present, Christopher Benn present, Nicholas Schwartz - absent, Steve
Mehan - present, Alternate Member Mark Sullivan - absent.
Also
present: Zoning Officer Gil Albert, Michael J. Phillips, Sue & Sal DiSiena,
John Hall, Steven Winney, Mike Stewart, Peter Loyla, Tab Denovellis, Christine
Pyle, Dan O'Neill, Joe Mack and Terri Korb. (Sign-in sheet is on file in the
Clerks office.)
Approval
of Minutes: A motion was made by Thomas
Carringi, seconded by Clarence Fosdick, to accept the meeting minutes of January
28, 2019. Chairman William Moreau
aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye, Mark Sullivan - absent.
Carried 6 - 0
Approved
Public Hearings for Area
Variance
Michael
John Phillips #18-05
133
Saratoga Rd., R-6
Glenville,
NY 12302
S/B/L
193.10-1-19 Lake Residential
Location: 1316 Rt. 9P
Returning Applicant seeks a 21' front set back and a 24.6' two-sides set back in order to construct a new home with attached garage.
Applicant Michael
Phillips appeared before the Board and reviewed his application for a single
family home with an attached garage. He
stated he had adjusted the footprint of the building and it is smaller than the
last plot plan he had presented to the Board and he's moved it back per Board
request. He will be putting in
foundation drainage with a french drain back to the culvert, at the back end of
the property, to address drainage issues on that corner. It's all Town right of way along that line so
it'll back into the existing drainage swales there. He asked if there were any Board questions
for him.
Clifford Hanehan
questioned how this footprint compares to the original camp.
Applicant Michael
Phillips responded his guesstimate is this footprint is smaller, even with the
garage. He believes he is covering less
area.
Christopher Benn
stated the previous camp was at 32%
coverage and this is at 28%; he doesn't have an as-built, he purchased
it after it had been removed.
Zoning
Officer/Building Inspector Gil Albert gave the Board an aerial photo showing
this is smaller than the previous camp.
Clifford Hanehan
asked if there is adequate drainage in the back, as he needs slope to take it
away once it gets back there.
Zoning
Officer/Building Inspector Gil Albert responded there's a drainage ditch back
there with a culvert that goes under Fitch Rd. and into the Town culvert.
Clarence Fosdick
questioned why the Applicant has drainage only on three sides of the house and
not on the side of the existing property.
Applicant Michael
Phillips replied it is really tight on that side there, so he'll be putting
gutters on for the roof run-off and
direct it into the french drain and tie into the catch basin. He'll be working with the Building Inspector on
this as well.
Zoning
Officer/Building Inspector Gil Albert questioned what kind of roof will be on
the house.
Applicant Michael
Phillips responded 30 year architectural
shingles. He then reviewed the pictures
and depictions in the application with the Board.
Clifford Hanehan
questioned if this will be closer to Fitch Rd. and the Applicant replied no,
further away.
Sal DiSiena, a
neighbor, stated he brought a copy of the original camp survey and shared it
with the Board and it appears the Applicant's footprint is better, even with
the garage.
Chairman William
Moreau thanked Mr. DiSiena and asked if there were further questions from the
Board; there were none. He then asked
for the Zoning Officer's opinion.
Zoning
Officer/Building Inspector Gil Albert stated it's consistent with the area,
he's pulled it back from Fitch Rd., came down a little bit on the width and is addressing
the drainage issues; he is okay with this.
Issues of elevation, compacting of the dirt and all other construction
issues, will be addressed as this progresses with himself, as Building
Inspector.
After providing Proof of Notice in the Saratogian on February
15, Chairman William Moreau opened the Public Hearing at 7:17 p.m. asking those wishing to speak, to please stand and
state their name and address:
Sal DiSiena, 251 Co. Rt. 75, Mechanicville, owns
the property next to the Applicant's property and stated they have concerns
with the drainage, height of the fill and moving it up closer to the road
blocks his view of looking down the road.
Christopher Benn responded that
the Applicant is actually asking for less of a setback variance than
previously.
Zoning Officer Gil Albert
stated this is 6' from the DiSiena property line, whereas before it was closer and
he's moved the front back another 4'.
The Board goes by setbacks and Mr. DiSiena is looking at the old camp;
we have to look at the deck along with the house now. With the french drains, his height is okay
with FEMA regulations.
Board discussion ensued.
Clifford Hanehan said he
hadn't heard everything the DiSiena's had said during the Board discussion and
asked if they said they have concerns with the closeness of this to their
property line.
Sal DiSiena replied a little
bit, but it's the frontage, going forward.
It goes further front and cuts his view off of the side of the road and he
has drainage concerns too; his wife added the height as well.
Gil Albert responded the
height is no problem; he's putting in gutters and french drains around it to
control any runoff. There will be no
runoff onto DiSiena's property or the road; that will all be resolved. He also added for the DiSiena's to keep in
mind that with FEMA regulations he would have to build it up higher and fill
would have to be all around it. FEMA
requires a specific first floor height in a flood plain and the Applicant is
trying to get it out of that flood plain.
The amount of dirt there is due to FEMA.
He also added that if anyone around the lake builds anything or wants to
do anything to existing structures, and they go beyond a certain percentage, they
too will have to meet FEMA requirements.
All your properties at the lake eventually will have to go higher as
well, due to FEMA flood plain elevation regulations. He stated he will make sure this is done
correctly.
Clifford Hanehan said the DiSiena's probably had issues with
the original camp as well, as they're
all in there so tight; one has to do a bit of give and take out there.
John Hall, 106 Chapman Hill Rd., stated he has concerns with water as it doesn't go
up-hill.
Applicant Michael Phillips
responded there are elevations with the application. The drainage real elevation is 205 and the
area of the french drains is 206 and 207; the distance between them is a little
less than 100'. He'll be working through
all these issues with the Building Inspector.
Clifford Hanehan stated it's
challenging at the lake.
Chairman William Moreau asked
if there were any further comments or questions; seeing as all had spoken who
wished to speak, Chairman William Moreau
closed the Public Hearing at 7:28 p.m.
Chairman William
Moreau went through the Balancing Test, line by line, with the Board which
found in favor of the Applicant.
Clarence Fosdick made a motion, seconded by
Christopher Benn, to approve the application as long as drainage is addressed
with Building Inspector Gil Albert and it is consistent with the general
character of the neighborhood. Chairman William Moreau aye,
Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye, Mark Sullivan - absent.
Carried 6 - 0
Granted
Tab
Denovellis
#19-01 Representative: Peter Loyola, CLA SITE
39
Castle Dr. 58 Church St. Suite 200
Stillwater,
NY 12170 Saratoga Springs, NY 12866
S/B/L
194.-1-20 and 194.-1-22 Rural District
Location: 1050 Co. Rd. 70
Applicant seeks a 2.9 acre variance for agriculture pursuits; the Applicant has a 1.18 acre parcel and a 5.92 acre parcel.
Peter Loyola, CLA
Site, appeared on behalf of the Applicant asking for variances on both lots, and
stated if needed, they will combine them.
The property used to be part of a working farm and there will be no
substantial changes to the character of the neighborhood. He then introduced Christine Pyle, an event
coordinator, to talk about some of the uses they are planning on doing out
there with different groups and agricultural pursuits. For agricultural pursuits, he is looking to
possibly have a Christmas tree farm and possibly working with non-profits to
try and grow gardens; those are some of the activities he's trying to pursue
out there. He then asked Christine Pyle
to address the Board.
Christine Pyle
addressed the Board, saying some of the different programs Tab can partner with
are affiliated with Capital Roots Community Gardens, located throughout Albany, Rensselaer, Schenectady
and southern Saratoga counties, that
look for areas to tend gardens that promote how to grow plants, how to harvest,
how to preserve them. Cornell Cooperative
Extension also looks for various organizations and farms to partner with to
hold different events. 4-H Club does,
Boy Scouts, Girl Scouts - they all have to do various outside events to earn
badges in the agricultural field. Those
are some of the organizations he can partner with, as well as holding farmers
markets, along with doing a Christmas Tree farm to pursue the agricultural end
of things. He can also plant various
gardens; herb gardens, flower gardens to help promote the farm through various
sales at the farmers market.
Peter Loyola stated
there is no other property around it. He
bought the 5.92 acres and the 1.18 acre parcel not realizing he wouldn't be
able to do what he was thinking about, which is why they are seeking the 2.9
acre relief. He added this is keeping within
the surrounding properties. There are
some single family homes that are adjacent, but they believe with the light
stuff he is planning on doing to promote his property, there will be no adverse
affect. The difficulty is not self
created, he bought the two properties thinking he was going to do something, so
that is why he is seeking the variance.
Zoning
Officer/Building Inspector Gil Albert stated he was confused and asked exactly what
variance the Applicant is looking for.
Peter Loyola replied
10 acres is required for a farm.
Zoning
Officer/Building Inspector Gil Albert responded according to Town regulations
that is correct, but NYS Ag & Markets law trumps Town law and theirs is 7
acres.
Chairman William
Moreau then read from the findings received from Saratoga County Planning
Board:
"Comments
- That while the concept of an area variance for this applicant's use of his
land presents no significant countywide or inter-community impacts, the
Saratoga County Planning Board requests the following information be submitted
to both the Zoning Board of Appeals as well as the Saratoga County Planning
Board prior to a determination being rendered:
1. There appears to be no need for an area
variance related to an agricultural use of the five plus acres. Please define.
2. Please provide a list of all proposed uses
associated with the agricultural pursuit of this property.
3. Recognizing the need for the upcoming public
hearing as defined through 25AA, we would like to receive a copy of public
hearing comments as relates to the proposed uses, what defines the need for a
variance, as well as comment from the surrounding agricultural land owners."
(The County findings, in their entirety, is on file in the Clerk's
office.)
Chairman William
Moreau stated the Board cannot make any decision on this tonight as the County
sees no need for an area variance. The
County Planning Board wants specific details and until the details are provided
us to send to the County, this Board cannot make a decision. As the County Planning Board wishes to see
the public feedback on this application the Board will go forward with the
public hearing.
After providing Proof of Notice in the Saratogian on February
15, Chairman William Moreau opened the Public Hearing at 7:39 p.m. asking those wishing to speak, to please stand and
state their name and address and keep their comments limited to five
minutes. The following spoke:
Joe Mack, 1059 Co. Rd. 70, questioned if the Applicant needs to merge
the two properties together since Ag law requires 7 acres and he asked if what
Peter Loyola said, 'light stuff', is an accurate description of the specific
uses for this property. He stated he'd
like to know exactly what they are planning on doing there.
Chairman William
Moreau responded yes, the Applicant will need to merge the two parcels and no,
those were not specific uses that were stated earlier. What was stated is too vague and the Board
needs detailed information from the Applicant, as does the County.
Joe Mack then
questioned if there has been any work done on that property, outside of the
barn, for agricultural purposes and if there are any pictures of both the barn
and the work done outside.
Peter Loyola
responded there are pictures submitted.
Joe Mack asked of
the inside of the barn? He'd like to see
those pictures because he is certain there are no horse stalls in that
barn. He asked the Board if they've seen
the inside of the barn.
The Board responded
they've never seen the inside of the barn nor any photos of it.
Joe Mack asked if
the Board can go out there to see inside the barn and what he's done
agriculturally there.
Peter Loyola stated the
Applicant has stables there in the barn.
Joe Mack asked if he
was certain of that and asked Peter Loyola to prove it and show some pictures
of the inside of the barn.
Peter Loyola said he
had no pictures of the inside of the barn.
Chairman William
Moreau stated the Board would like to see inside the barn as well, as will the
County.
Joe Mack stated this
will have an adverse affect and he is against the variance.
John Hall, 106 Chapman Hill Rd., stated he has property across the road from
the Applicant and asked if the Applicant had gotten any building permits to
work on the barn.
Zoning
Officer/Building Officer Gil Albert replied no.
He then stated if someone would fill out a formal complaint form he can
then go and force him to allow him to do a site visit and inspection. Joe Mack said he'll do that.
Steve Winney, 1045 Co. Rt. 70, stated this reminds him of the Rt. 29 property
story, tells you she'll do this and then does that instead. Tab said he wanted a wedding venue and now
says he wants agricultural pursuits. Tab
told Shirley Gemini he's going to open a motorcycle shop and now wants a
variance for agriculture pursuits. He
believes Tab has no interest in that. He
wants to know what the barn looks like, as Tab's put a septic in there and that
needs to be addressed. He said he's been
led to believe you need to know how big the building will be and how many people
are going to be in there, in order to know what size septic is needed; this
needs to be looked into. He said the
Board should be aware there's also a cemetery on that property. He's also concerned with traffic there as tractors
and manure spreaders go up and down the road constantly, more traffic on that
road isn't needed. He feels like Tab is
trying to change the neighborhood. Tab
doesn't live there, but when he is there, he plays music loudly after 11 p.m.
and he's even had to call the police. Tab
doesn't seem to care about the neighbors or the noise ordinance that the Town
has. He bought the property in October
2018 and it's now February 2019. He went
from wanting to do a motorcycle shop to a wedding venue and now agriculture
pursuits. He needs to be part of the
community and come up with a legitimate agriculture plan, address all the
County's questions with specific uses, be it agriculture or events. He sees no clear picture of what he wants to
do.
Zoning
Officer/Building Inspector Gil Albert stated that Peter Loyola had stated the
Applicant plans on doing different events and such, but the Town Board voted
down a law allowing event venues in the town, so those will not be
allowed. Quite honestly, it sounds as if
they need to go to the Planning Board before being in front of the ZBA. They need to be very specific with what they
want to do, and be very, very specific concerning any events with the Planning
Board. He thinks they should go before
Planning and let them decide if the Applicant needs to go to the ZBA. A true agricultural pursuit is 7 acres and no
approval is necessary for that. He added he sees no clear picture of what the
Applicant wants to do.
Peter Loyola
responded first of all they have to address the County's issues with this and they
want them to be specific with the use.
He said agricultural pursuits, in the Town's law, is extremely vague to
begin with and it's got commercial in there and a lot of vagueness with that as
well. He feels they've covered
themselves well with the Capital Roots program, the 4-H stuff that's going on,
etcetera. He's heard about the wedding event
for a long time and he knows about the old Schuyler Pond/Maranville Farm issues
that came up. That's when they said they
just want to get this going with a tree farm and get some people in there to promote
agriculture. He then said they're coming
up with legitimate agricultural uses they feel will help legitimize the
activities there. They need to get
specific with it and they can do that.
It's a very vague law the Town has in place. If they don't need the variance for the 7
acres, and it's the recommendation of this Board, they'll take it up with the
Planning Board.
Zoning
Officer/Building Inspector Gil Albert stated County Planning has a part in this
no matter what, so you have to deal with them first and then you'll have to
deal with the Planning Board here.
Chairman William
Moreau stated as they're seeking agricultural pursuits, the Applicant needs to
merge the two lots together to get the seven acres and they then need nothing
from the Zoning Board.
Clifford Hanehan
stated the Applicant needs to clearly define and prove that it's an
agricultural pursuit; we mostly know
what agriculture looks like.
Zoning
Officer/Building Inspector Gil Albert added again, with the events, they have
to be very specific. He said they need
to be really upfront with those events because any function you have will be
defined as events. You must be very
specific, it sounds like you're grasping for something to do. You need to define clearly what you plan to
do.
Peter Loyola said
they'll work on their definitions and try to be more specific with what they
want to do with agriculture.
Chairman William
Moreau said they need to combine the two lots and they'll have the 7 acres
needed for agriculture.
John Hall, 106 Chapman Hill Rd., questioned if there are different zoning laws
for buildings.
Zoning
Officer/Building Officer Gil Albert responded yes. How interior is designed, ingress/egress,
dependent upon if it's for animals or people it is different.
Joe Mack, 1059 Co. Rd. 70, questioned who enforces if they don't abide by
the list of what they're doing.
Zoning
Officer/Building Officer Gil Albert replied he will shut them down.
Steve Mehan stated
he's confused as Peter Loyola contradicted himself numerous times.
Clifford Hanehan
added after the Applicant bought the property, he realized he couldn't do
certain things; his attorney should have addressed that before he bought
it. He then said he doesn't see this as
a hardship, the Applicant should have checked our regulations before
purchase.
Chairman William
Moreau agreed. He asked if there were
any further comments from the public; there were none. He asked if there were any further comments
from the Board at this time; there were none.
Chairman William Moreau closed the Public
Hearing at 7:59 p.m.
After a discussion
with the Board, Chairman William Moreau stated the County Planning has asked
for specific information from the Applicant.
This Board can do nothing for the Applicant as a variance is not needed,
all they need do is merge the 5.92 acre lot with the 1.18 acre lot and they
have the 7 acres needed for ag pursuits.
Peter Loyola stated
they will Table their application at this time.
Old Business: None
New Business: None
A motion was made by Clifford Hanehan, seconded by Christopher
Benn, to adjourn the
meeting at 8:15 p.m. Chairman William Moreau aye, Clifford Hanehan - aye, Thomas Carringi
- aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz -
absent, Steve Mehan - aye, Mark Sullivan - absent.
Carried 6 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held March
25, 2019.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~