TOWN OF SARATOGA
ZONING BOARD OF APPEALS DRAFT MINUTES
February 27, 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 – absent (arrived at 7:03 p.m.), Thomas Carringi – absent, Clarence Fosdick – present, Chris Benn – present, Nicholas Schwartz - present, Steve Mehan - present.
Also present: Building Inspector/Zoning Officer Gil Albert, Steve & Louise Winney, John Hall, Bob & Peg Hall, Rex James and Joe Mack. (Sign-in sheet is on file in the Clerk’s office.)
Approval of Minutes: A motion was made by Clarence Fosdick, seconded by Chris Benn, to accept the meeting minutes of November 28, 2016. Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - absent, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 5 - 0
Approved
Area Variance
Steve & Louise Winney and John Hall #17-01
1045 Co. Rt. 70
Stillwater, NY 12170
S/B/L 193.-1-42 Rural
Applicant was before the Planning Board last month for a minor subdivision of a 2 acre lot from the 109.57+/- acre farm field, in order for the Applicant's daughter to build a single family home. The Planning Board said they had proper frontage for the 2 acre lot, but had to deny it due to the remaining frontage for the balance of the land. The Planning Board sends the Applicant before the ZBA with a positive recommendation for the frontage variance. Applicant seeks a 200' frontage variance.
(Board Member Nicholas Schwartz recused himself due to being related to the Applicants.)
Steve and Louise Winney and John Hall appeared before the Board. John Hall stated they have 107+/- acres and would like to subdivide a 2 acre lot for Steve and Louise's daughter to build a single family home. They have proper frontage, but leaves the balance of the land with too little frontage.
Clifford Hanehan questioned if they will access the land via Neilson Rd.
John Hall responded no.
Chairman William Moreau asked if there were any other Board questions, there were none.
Chairman William Moreau stated he received a letter (letter is on file in the Clerk's office) from Planning Board Chairman Ian Murray, which recommends approval with the condition of deed restricting the balance of the land to agriculture use only, until such time that adequate frontage is provided.
Chairman William Moreau then asked the opinion of Zoning Officer/Building Inspector Gil Albert.
Zoning Officer/Building Inspector Gil Albert stated if they deed restrict it he has no problem with it. No future building permits will be issued on the remaining lands until properties are merged.
After providing Proof of Notice in the Saratogian on February 17, 2017, Chairman William Moreau opened the Public Hearing at 7:10 p.m. asking those wishing to speak to please stand and state their name and address:
Bob Hall, Chapman Hill Rd. addressed the Board stating when they were putting zoning into effect, the farmers wanted 300' of frontage for properties over 5 acres; he disagreed with that, but he put that into effect because the farmers wanted it. He stated he's afraid the Board will be opening a can of worms if they approve this; he is against it.
Joe Mack, 1059 Co. Rd. 70, questioned if a new road is going in and was told no. He then stated he has no problem with the Board approving this variance.
Applicant John Hall asked permission of the Board to speak, which was granted. John Hall stated if the issue with the 300' of frontage prevents this, he will merge the two parcels. The remaining land is staying farmland and if in future frontage is needed, he will merge them, but he will do it now if necessary.
Zoning Officer /Building Inspector Gil Albert stated town regulations have been changing lately and he has no objection with this as presented, as long as the deed restriction is put in place. The Applicant can't build anything without a building permit, and no permit will be issued without the deed restriction in place and a copy on file, and none will be issued in future until the lands are merged, so he sees nothing wrong with this.
Chairman William Moreau asked if anyone else wished to speak; 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; the Board found in favor of the Applicant. Chairman William Moreau then asked if there were any other questions or comments from the Board.
Clifford Hanehan stated it looks like as if the Board has two options; a lot-line adjustment or proceed and in future they'd have to merge the parcels for adequate frontage. He stated he is comfortable with granting this since the Planning Board has recommended it.
Zoning Officer /Building Inspector Gil Albert stated this allows them to continue farming the balance of the land.
Chris Benn stated he is fine with this as long as the deed restriction is put in place.
Clarence Fosdick stated he has no problem with this.
Steve Mehan questioned if a lot-line adjustment would affect the balance of the land.
Zoning Officer/Building Inspector Gil Albert responded it depends upon how the lines are drawn.
John Hall reiterated that they can combine the parcels if needed; restriction will be on the remaining 107+/- acres.
A motion was made by Clifford Hanehan, seconded by Christopher Benn, to grant the variance as presented, with the condition of deed restricting the remaining balance of the land (107+/- acres) for agriculture use only, until such time adequate frontage is provided, as recommended by the Town of Saratoga Planning Board and with final reveiw of the deed restriction by Town Attorney William Reynolds. Chairman William Moreau -aye, Thomas Carringi - absent, Clifford Hanehan – aye, Clarence Fosdick - aye, Nicholas Schwartz - recused himself, Chris Benn - aye, Steve Mehan - aye.
Carried 5 - 0
Approved
(Board Member Nicholas Schwartz rejoined the Board.)
Rex James #17-02
772 Rt. 29
Saratoga Springs, NY 12866
S/B/L 168.-3-9.1 Rural Residential
Applicant seeks to build a 500 sq. ft. extension onto the existing, non-conforming garage apartment. The garage apartment was constructed without a permit by the previous owner and the Applicant would like to make this compliant with the Town's current zoning regulations. He seeks a 2+ acre area variance, a 20' side set back variance, a 202' lot width variance and a 144' frontage variance to do so. The existing structure is too close to the side boundary and the total lot area does not meet zoning regulations for an additional residence on that parcel.
Applicant Rex James appeared before the Board and stated he has a 3 car garage with a non-permitted apartment above it. He stated the previous owner built the garage and apartment without a permit and he'd like to make it legal. He said he had been told last year, by Zoning Officer/Building Inspector Gil Albert, that the Town was working on changing certain regulations and perhaps he'd be able to obtain a special use permit through the Planning Board to have the apartment as a second residence, but since regulations weren't complete he didn't know for certain. He went before the Planning Board last year and they denied him due to variances needed, and was told to go before the ZBA and see if the variances would be granted. He said he abuts the gravel pit next door so there will be no impacts to other residents, septic will be central to property and the leach field will be 100' away from the well. He reviewed the map with the Board; Board discussion continued concerning setbacks, acreage, frontage, and the illegal dwelling.
Clifford Hanehan stated it is an illegal dwelling.
Applicant Rex James responded he just wants to make it right. He then asked Zoning Officer/Building Inspector Gil Albert if he can have two residences on 2 acres.
Zoning Officer/Building Inspector Gil Albert replied no, you have to have 4 acres with 400' of frontage.
Applicant Rex James stated it wouldn't be two residences that could be subdivided; that's not the intention.
Zoning Officer/Building Inspector Gil Albert responded that the Applicant has to meet regulations; the Board grants regulations but not as large as 2 acres.
Clifford Hanehan questioned if the Applicant bought the property through a realtor and if so, did the realtor tell him the garage apartment was a legal structure?
Applicant Rex James responded yes, he purchased through a realtor and no, the realtor didn't say it was a legal structure, but led him to believe it was. It's got 3 bedrooms, 2 bathrooms etc. and is nicely done. He'd like to add a kitchen in it also.
Clifford Hanehan stated unfortunately it is illegal.
Applicant Rex James stated his thoughts were to make it legal.
Zoning Officer/Building Inspector Gil Albert told him before he purchased it that there were open permits on the house.
Chairman William Moreau questioned if the open permits have been satisfied; Zoning Officer/Building Inspector Gil Albert responded no. A long discussion followed concerning the previous owners, open permits and how the Applicant was made aware of all this prior to purchase.
Nick Schwartz questioned if the Applicant is residing in that residence right now.
Applicant Rex James replied yes.
Nick Schwartz questioned how he could close on the property without a C.O. and the Applicant replied no bank was involved with the purchase.
Chairman William Moreau asked if there were any further questions of the Board; there were none. Chairman William Moreau then stated he received a letter (letter is on file in the Clerk's office) from Planning Board Chairman Ian Murray, which states the Applicant has a pending file with the Planning Board and due to numerous reasons the Planning Board denied the application, and could not recommend approval to the ZBA, based especially upon the Purpose and Intent of the Mixed Use law, as well as the large variances that are needed.
Applicant Rex James stated he addressed most of those issues (septic issues) with his contractors and with an engineered system it can be done, so it's a non-issue. The well capacity exceeded 10 gallons and at that point they stopped the test. The Planning Board said it would require another well storage.
Clifford Hanehan stated the Applicant is putting the cart before the horse; the Applicant has bigger problems that the Planning Board right now.
Applicant Rex James said there's no need to expand upon it; he doesn't want the hardship of tearing down something he's paid for.
After providing Proof of Notice in the Saratogian on February 17, 2017, Chairman William Moreau opened the Public Hearing at 7:52 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 7:53 p.m.
Chairman William Moreau asked if there any questions of the Board; there were none.
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 discussion followed concerning zoning laws that were in place when the Applicant purchased the property; the risk was his when he purchased. The Applicant stated if the previous owner had done it properly it would be fine and the Board responded no, no permit would have been issued because it was not an allowable use.
Chairman William Moreau asked if there was any response from the County; there was no response.
Clarence Fosdick made a motion, seconded by Nicholas Schwartz, to deny the application based upon the balancing test and because the lot is half the size required for having a second residence. Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye. Carried 6 - 0
Denied
Zoning Officer/Building Officer Gil Albert then stated he will have to pull apart the walls so he can inspect the plumbing for the bathrooms and he also added he will send a letter to remedy.
Applicant Rex James questioned that to make it legal he has to increase the lot; and was told yes.
He then questioned what if he connected the two buildings?
Zoning Officer/Building Inspector Gil Albert replied that's an option; the side setback variance would be needed and well and septic issues would need to be addressed, but as long as there's no kitchen in the apartment, it'd be okay.
Applicant Rex James responded that seems like a reasonable pursuit. He then questioned if he attaches the two buildings and just has the bedrooms and bathrooms in the apartment, is the side setback variance tenable?
The Board replied it would be narrowing down the size of the variance; they suggested the Applicant review the Town regulations and requirements and reapply.
Zoning Officer/Building Inspector Gil Albert stated the Applicant needs to make up his mind and do something sooner or later because the letter to remedy will be mailed shortly.
The Applicant thanked the Board.
Gilman Albert #17-03
967 Rt. 29
Saratoga Springs, NY 12866
S/B/L 156.-1-3.1
Applicant was before the Planning Board in December 2016 asking if the retail space he is building doesn't work out as he hopes, could he obtain a special use permit to turn that building into a second residence. The Planning Board reviewed his information, along with his plans, and said yes it is allowable; he could turn it into a second house or put an apartment over the retail space, but they had to deny the request since he needs a 166' lot width variance and a 166' frontage variance. The Planning Board sends him before the ZBA with a positive recommendation for the requested variances
Applicant Gilman Albert appeared before the Board and reviewed his application.
Nicholas Schwartz questioned if the proposed building will be within the existing foundation.
Applicant Gilman Albert responded yes. He then added that a new septic is going in as well as a new well for that building.
Nicholas Schwartz questioned if that foundation was original to the lot.
Applicant Gilman Albert responded no, he put it in several years ago and is slowly building a shop for Eisha's business; the shop was in Victory, but he sold that building.
Chairman William Moreau asked if there were any other Board questions; there were none.
After providing Proof of Notice in the Saratogian on February 17, 2017, Chairman William Moreau opened the Public Hearing at 8:15 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 8:16 p.m.
Chairman William Moreau asked if there was any response from the County; there was none.
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 Clarence Fosdick, seconded by Steve Mehan, to grant the variance as presented. Chairman William Moreau - aye, Thomas Carringi - absent, Clifford Hanehan – aye, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 6 - 0
Approved
Old Business: none
New Business: none
A motion was made by Christopher Benn, seconded by Nicholas Schwartz, to adjourn the meeting at 8:37 p.m. Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye. Carried 6 - 0
Meeting Adjourned
The next Zoning Board of Appeals meeting will be held March 27, 2017.
Respectfully submitted,
Linda McCabe
ZBA Clerk