TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

February 26, 2018

 

 

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 - present, Steve Mehan - absent, Alternate Member Mark Sullivan - absent.

 

Also present: Zoning Officer Gil Albert, Garry Robinson and Frank Owens.  (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Clarence Fosdick, seconded by Christopher Benn, to accept the meeting minutes of January 22, 2017.   Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - abstained due to absence at last meeting, Steve Mehan - absent, Mark Sullivan - absent.

Carried  5 - 0

Approved

Public Hearings for Area Variance

 

Frank Owens # 17-11                                                Representative:  Garry Robinson

62 Louden Rd.

Saratoga Springs, NY 12866

S/B/L 157.-1-29

Location:  NYS Rt. 29, west of Saratoga Apple

 

Returning Applicant seeks a .94 acre lot area variance, a 30' front set back and 60' back set back variances in order to establish a food concession trailer business on Rt. 29.

Garry Robinson appeared before the Planning Board last month with a revised plan.  The Planning Chairman had stated that conceptually he liked the presented plan better than the previous plan, although it needs work and the Board agreed.  The Chairman also stated without stormwater being completed and without knowing if NYSDOT will approve the permits the Applicant is seeking, it would be premature for the Board to make a positive recommendation to the ZBA.

 

Garry Robinson appeared on behalf of the Applicant and reviewed his last appearance before the Board.  He stated he went before the Planning Board and received conceptual approval for the new design.  He then went through the design changes with the Board.  The dimensions are now 40' x 94' (3,904 square feet) and everything will be under one roof, including the restrooms.  After a lengthy discussion with the Applicant and the Zoning Officer, it was determined that no matter what one does with this pre-existing lot, variances are needed.  With the change of the building dimensions, the variances are a bit less.  The Board requested the Applicant move the restrooms 12' straight back, to remove the bump-out from the design.

 

Garry Robinson stated they'd prefer not to do that, as the Applicant wants that area for storage space and he may want to expand this business and put a grill in that space.

 

The Board said it will shave 12' off the front setback variance if they move it back a bit; the variance would be 57' back instead of only 45' and still leaves him 8' of storage space in that area.

 

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

 

Chairman William Moreau asked for Zoning Officer/Building Inspector Gil Albert's opinion.

 

Zoning Officer/Building Inspector Gil Albert replied they're trying to make it better, they did make some changes and variances will be needed no matter what he tries to do there.

 

After providing Proof of Notice in the Saratogian on February 16, 2018, Chairman William Moreau opened the Public Hearing at 7:42 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 7:43 p.m.

 

Chairman William Moreau went through the Balancing Test, line by line with the Board.

 

A motion was made by Nicholas Schwartz, seconded by Clifford Hanehan, to grant the .94 acre lot variance, the 60' back setback variance and the 18' front setback variance as presented.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - absent.

Carried  6 - 0

Granted

 

Old Business: None

 

New Business: Nicholas Schwartz stated he will have information for the Joint Board ready by mid-March.  Zoning Officer Gil Albert stated we will let the Board know of the exact date at a later time.

 

A motion was made by Clarence Fosdick, seconded by Clifford Hanehan, to adjourn the

meeting at 7:50 p.m.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - absent, Mark Sullivan - absent.

Carried  6- 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held March 26, 2018.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

~Meeting dates are subject to change~