TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
July 23, 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 - present, Alternate Member Mark Sullivan - present.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Sal & Sue
DeSiena, Chris Nelson, Michael Stewart, Michael Phillips, Alton Knapp. (Sign-in sheet is on file in the Clerks
office.)
Approval
of Minutes: A motion was made by Clarence
Fosdick, seconded by Christopher Benn, to accept the meeting minutes of June 25,
2018. Chairman William Moreau aye,
Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 7 - 0
Approved
Public
Hearing
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
Applicant seeks the following variances: a 25' front set back, a 20'.1 two-sides set back and a 5'.2 side set back in order to construct a new home.
Applicant Michael J.
Phillips appeared before the Board, along with his flood plain consultant, Alton
Knapp of A. E. Knapp & Associates, as the parcel is in the 100 year flood
zone. The Applicant reviewed his
application as well as the previous structure with the Board and stated he's
brought sand in to get the building envelope up to and above flood stage. The house is to be a modest structure, single
family home with garage. If the Board approves, he's ready to go forward.
Chairman William
Moreau asked the Board if they had any questions.
Christopher Benn
stated he has concerns with the proximity to Fitch Rd. due to snow removal and
traffic. At one point he's only 4' away
and there's no place for the snow to go.
There had been a fence up with the previous house and the fence would
get pushed down every year with the snow plowing.
The Applicant
responded that he would address that.
Nicholas Schwartz
stated when you look at the position of the house as its laid out on the lot,
it looks like the south face of the building is parallel with the south face of
the property line. If the Applicant shifted/rotated
the position of the house, he may be able to gain a little more setback from
Fitch Rd. on the north side and that will allow the Applicant to pull the
building back into the lot so a greater front setback can be achieved.
Clarence Fosdick
questioned how the Applicant will access the garage.
The Applicant
responded from the back of the property, adding there's an easement on the back
of the property that the neighbor uses.
Clifford Hanehan
questioned if that meant coming in off of Fitch Rd. in the back?
The Applicant replied
correct, there's an easement in the back of his property which DiSiena's use
for their access.
Zoning Officer/Building Inspector Gil Albert stated when the Applicant
first bought the property, he said he was going to bring fill in. He's gotten too close to the road and its
gotten really high, higher than expected, which creates unstable soil. When you bring soil in like this, you have to
compact it every six to twelve inches to make it useable soil to build a
foundation on. You have to have an actual
compactor on site.
Alton Knapp stated they went over and over it with a tractor.
Zoning Officer/Building Inspector Gil Albert stated that is not good
enough, it has to be compacted as previously stated, every six to twelve inches
with a compactor.
Zoning Officer/Building Inspector Gil Albert stated another problem due
to the amount of fill brought in is drainage and runoff onto the neighbor's
property, Rt. 9P and Fitch Rd. The only
way the Applicant can do anything there, is to present to Zoning
Officer/Building Inspector Gil Albert, a way of containing any stormwater
runoff, keeping if off the neighbor's property and keeping it from running into
Rt. 9P and Fitch Rd.. The Applicant is
asking for setbacks, but has raised it so much with the fill he brought in,
that he may have to reduce the size of the house in order to be able to do the
drainage the way it has to be done. He
cannot have any stormwater running onto his neighbor's property and into the
roads. He told the Applicant he's got to
plan on doing that somehow and he will have to show Zoning Officer/Building
Inspector Gil Albert how that will be remediated prior to the issuance of a
building permit. He stated he brought
this up now, as the Board has to decide if they will grant the variances
requested or have the Applicant change the size of the house to conform more
with our regulations.
The Applicant asked Zoning
Officer/Building Inspector Gil Albert to repeat the drainage needs.
Once
he heard them again, the Applicant stated he will make the changes that are
being asked of him.
Zoning
Officer/Building Inspector Gil Albert stated he understands what the Applicant
wants to do, but he needs the drainage plan prior to issuing the permit.
Chairman
William Moreau stated he didn't see any silt fence out there.
Nicholas
Schwartz told the Applicant the Board has to comply with the law, so the
Applicant needs to put up a silt fence/sock around the property. He reiterated that the Applicant needs to
rotate and push back the south face of the building to allow the Applicant to
get closer to the 40' front setback and still allows him what he needs.
The
Applicant withdrew his application for the evening, in order to continue work on
it and said he will work with Zoning Officer/Building Inspector Gil Albert.
Returning
Old Business:
None
New Business:
A round table discussion between the Board took place on garage apartments in
the Town, especially in the lake area and how so many of them are illegal. The Board's feel is if people don't follow
the rules, make them rip them out. They
asked Zoning Officer/Building Inspector Gil Albert to express to the Town Board
that if any are brought to the ZBA's attention, Zoning Officer/Building
Inspector Gil Albert has got to address it in order to protect the Town.
A motion was made by Christopher Benn, seconded by Nicholas
Schwartz, to adjourn the
meeting at 7:58 p.m. Chairman William Moreau aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 7- 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held August
27, 2018.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~