TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
June 22, 2020
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, Steve Mehan - present,
Mark Sullivan - present.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Gregory Pinto
& Natalie Adler and Shane Lyon. (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
27, 2020. Chairman William Moreau –
aye, Clifford Hanehan - aye, Thomas Carringi - absent, Clarence Fosdick - aye,
Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan - aye.
Carried 6 - 0
Approved
Public Hearings for Area Variance
Gregory Pinto, Natalie Adler #20-02
1338 Rt. 9P
Saratoga Springs, NY 12866
S/B/L 193.10-1-3 Lake Residential
Location: 1336 Rt. 9P
Applicants seek a 12.5'
two-sides setback variance and a 1.5' side setback variance in order to convert
the second floor of their garage into an apartment.
Applicants appeared before
the Board and Gregory Pinto stated they would like to convert the attic of the
garage into an apartment to lease out.
Chairman William Moreau asked
if there were any Board questions; there were none.
He then asked Zoning Officer
Gil Albert for his opinion. Zoning
Officer Gil Albert replied he sees no problem with this as it is on a separate
parcel and deed. The Board did grant a
variance in the past for the garage as an accessory building, but this is
different as it will now be a home which is allowable.
Chairman William Moreau then
asked Town Attorney William Reynolds for his opinion; he replied he had no
comment.
Chairman William Moreau then
stated this was sent to the Saratoga County Planning Board and they responded although
the Pinto/Adler application is for property in the Lake Residential District,
it falls under the 1997 Waiver. That
Waiver applies to single and two-family residences, making this referral
non-mandatory as the proposal is of a local concern, not inter-community
concern, so the County will not review nor send a finding on this application.
After providing Proof of Notice in the
Saratogian on June 12, 2020, Chairman William Moreau opened the Public Hearing
at 7:06 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 7:06.5 p.m.
Chairman William
Moreau asked if there were any further Board comments or concern.
Clifford Hanehan stated the
Board doesn’t allow putting living quarters above garages.
Zoning Officer Gil Albert
responded the garage is on a separate parcel from their home and has a separate
deed, consider this as a separate home with a garage under it.
Chairman William
Moreau went through the Balancing Test for Area Variance line by line with the
Board, to balance benefit to the Applicant with detriment to health, safety
& welfare of the community:
1. whether benefit can be achieved by other means
feasible to applicant – the Board said no, they don’t see how they could
without variances.
2. undesirable change in neighborhood character
or detriment to nearby properties – the Board said no, this will look like
any other house in the neighborhood.
3. whether request is substantial – the Board
said no, it is not a substantial request.
4. whether request will have adverse physical or
environmental effects – the Board said no, just another home in the Lake District.
5. whether alleged difficulty is self-created
(relevant but not determinative) – the Board said no, it’s an existing lot,
grandfathered in and no other alternative.
The Board found in
favor of the Applicant.
A motion was made by Clifford Hanehan, seconded by Mark
Sullivan, to approve the variances as requested due to no adverse effects to
the community. Chairman William Moreau – aye, Clifford Hanehan -
aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Steve
Mehan - aye, Mark Sullivan - aye.
Carried 6 - 0
Approved
Shane Lyon #20-03
275 Evans St.
Victory Mills, NY 12885
S/B/L 170.-1-6.2 Village Extension
Applicant seeks a 6.3'
two-sides variance, a 12' lot width variance and a 12' frontage variance in
order to build a single-family modular home on his preexisting lot.
Applicant Shane Lyons
appeared before the Board and reviewed the variances he is seeking.
Chairman William
Moreau asked if there were any further Board comments or concern.
Clarence Fosdick
questioned what is on the Hathaway property, adjacent to where they’re going to
be the closest with the 13.7’ side setback and the Applicant responded their
garage. He further stated that he spoke
with his neighbor that is closest to this, as that is who would be most affected
by the variance, and his neighbor has no problem with this.
Zoning Officer Gil
Albert questioned if he has had this surveyed and the Applicant replied yes.
Clarence Fosdick
commented that due to the angle of the parcel, it appears the lot width numbers
are off. A brief discussion of the Board
and Zoning Officer found Clarence Fosdick correct and the correct number needed
is 26.25’ not 12’.
Chairman William
Moreau asked for the Zoning Officer’s opinion.
Zoning Officer Gil Albert responded he has no issue with this. Even with the change of the frontage variance
he does not feel this is excessive; the Applicant is putting a house on a
vacant lot, working it the best way he can with what he has.
Chairman William
Moreau then questioned the opinion of the Town’s Attorney, William Reynolds. Attorney William Reynolds stated he had
nothing to say.
After providing Proof of Notice in the
Saratogian on June 12, 2020, Chairman William Moreau opened the Public Hearing
at 7:15 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 7:15.5 p.m.
Chairman William
Moreau went through the Balancing Test for Area Variance line by line with the
Board, to balance benefit to the Applicant with detriment to health, safety
& welfare of the community:
1. whether benefit can be achieved by other
means feasible to applicant – the Board said
no and agreed this is a pre-existing lot.
2. undesirable change in neighborhood character
or detriment to nearby properties – the Board said no and agreed it keeps within
the surrounding neighborhood.
3. whether request is substantial – the Board
agreed it is not a substantial request.
4. whether request will have adverse physical or
environmental effects – the Board said no.
5. whether alleged difficulty is self-created
(relevant but not determinative) – the Board agreed it is not self-created,
this is a pre-existing lot.
The Board found in
favor of the Applicant.
A motion was made by Christopher Benn, seconded by Clarence
Fosdick, to approve the application with the modified lot width variance of 26.25’
as it keeps within the surrounding neighborhood and there are no adverse
effects to the community. Chairman William Moreau – aye, Clifford Hanehan -
aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Steve
Mehan - aye, Mark Sullivan - aye.
Carried 6 - 0
Approved
Old Business: None
New Business: Executive
Session – litigation
Town Attorney William Reynolds requested the Board go into Executive Session to discuss prior litigation.
A motion was made by Mark
Sullivan, seconded by Steve Mehan, to enter into Executive Session to discuss litigation
at 7:20 p.m. Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - absent,
Clarence Fosdick - aye, Christopher Benn - aye, Steve Mehan - aye, Mark
Sullivan - aye.
Carried 6 - 0
A motion was made by Clarence
Fosdick, seconded by Clifford Hanehan, to exit Executive Session at 8:10 p.m. No Board
Action taken. Chairman William Moreau – aye, Clifford
Hanehan - aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher
Benn - aye, Steve Mehan - aye, Mark Sullivan - aye.
Carried 6 - 0
A motion was made by Clifford Hanehan, seconded by Mark
Sullivan, to adjourn the
meeting at 8:12 p.m. Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan - aye. Carried 6- 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held July
27, 2020.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~