TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

June 24, 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 – absent (arrived at 7:04 p.m.), Thomas Carringi – present, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - absent.

 

Also present: Zoning Officer Gil Albert,  Marci Dwyer, Ian Murray, Terri Korb, Mariana Jensen. (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 March 25, 2019.   Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn - aye, Nicholas Schwartz - aye.

Carried  6 - 0

Approved

 

Public Hearing for Area Variance

 

Marci Dwyer #18-09

800 Rt. 29

Saratoga Springs, NY 12866

S/B/L 168.-3-73 Conservancy District

 

Applicant seeks approximately a 40' side setback variance to an existing out-building, in order to obtain a Special Use Permit from the Planning Board, to open a  private recreation business for members only.  The Zoning Officer has sent this Applicant to the ZBA with a positive recommendation for approval.

 

Applicant Marci Dwyer appeared before the Board.  She clarified that the existing structure is actually 23' from the side, so she needs a 51.5' setback variance.  She said that she is seeking the variance as it is required for her to obtain a special use permit to open a Members Only Paddle Board, Kayak, Canoe - Non-motorized Vessel Recreation Club.  This day use seasonal club will provide its members the option to launch and/or store their vessels.  It will have up to 10 racks (6 per) to hold the vessels for the 2019 season.  There will be parking on the grass lot.  Trees will be planted along the existing fence line to provide visual and sound mitigation.  Signage will be on the structure.  There will be no lights on the west side of the structure, any lighting added will be minimal.  There will be 1 porta john located in the northeast corner of the lot, maintained weekly.  Trash receptacles will be placed on the property and maintained daily.  The road will be watered during dry spouts to reduce dust emanating from the site.  This is NOT a daily rental facility.  It is a Members only recreational facility that will provide non-motorized vessels a launch site and storage for its members. 

 

Christopher Benn questioned what the existing structure is proposed to be.

 

Applicant Marci Dwyer responded it is an open air shelter, which they plan to put a couple picnic tables under.

 

Chairman William Moreau asked if the Board had any questions.

 

Nicholas Schwartz questioned the size of the variance; is it 40' or 51.5'?

 

Applicant Marci Dwyer responded it is 51.5'.  The 40' was approximate on the concept plan, but once it was measured, it proved to be 51.5'.

 

Chairman William Moreau added the application is correct as it says 51.5'.  The discrepancy came from the concept plan, but the application is correct.  He then asked if there were any other questions of the Board; there were none. 

 

Chairman William Moreau asked Zoning Officer Gil Albert for his opinion.  Zoning Officer Gil Albert stated the structure is preexisting and was built legally for residential purposes.  This will be a repurpose of such and he thinks it is a good use.

 

Chairman William Moreau then asked for the opinion of Attorney William Reynolds.  Attorney William Reynolds stated he will take questions, but did not state an opinion.

 

Chairman William Moreau then stated we heard from the Saratoga County Planning Board and they offered the following: 

Decision: No Significant County Wide or Inter Community Impact

Comment: The applicant has submitted a proposal for use of personal property to rent storage space for water vessels to be used on Fish Creek. Users of the water vessels will have direct access from the rear yard of the applicant’s property on which is proposed the provision of 40 grassed parking spots, outdoor paddle racks (20 to hold 6 vessels each), docking parallel to water’s edge w/30’ wide access. Also proposed for provision on the property are porta johns and 4 Picnic tables. As relates to concerns voiced by the SCPB and the safe and proper use of the property and its facilities, we note that

1. There should be receptacles on-site for the regular/routine collection of trash/debris (to keep material from the water),

2. The owners should routinely maintain control of dust emanating from the site that would impact the water and adjacent landowners,

3. The impact of night lighting should be mitigated so as to not create a nuisance for adjoining landowners,

4. In accordance with the town’s zoning ordinance related to business uses in a residential area, signage (if permitted) should be approved and of a minimal nature,

5. It is our recommendation that in accord with other water uses at the proposed end of Fish Creek the business should be home to only non-motorized uses on the water to limit the impact to residences, and

6. Where applicable and beneficial to the neighbors’ peaceful use of their property the applicant’s site plan and approval notes should provide for boundary line landscaping which affords visual and sound mitigation.

 

 After providing Proof of Notice in the Saratogian on June 14, 2019, Chairman William Moreau opened the Public Hearing at 7:08 p.m. asking those wishing to speak, to please stand and state their name and address.  Seeing as no one wished to speak, Chairman William Moreau closed the Public Hearing at 7:09 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.

 

A motion was made by Nicholas Schwartz, seconded by Chris Benn, to approve the 51.5' side setback variance.  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

 

Old Business: None

 

New Business: Board Member Nicholas Schwartz stated in the near future he will be moving out of town and will have to step down at that time.  He'll be sending his letters to the Town Clerk and Town Board as required.  He wanted the Board to know he is still a resource for the Town  and still available, so not to hesitate to call him.  The members are very sorry to see him go, as he has been a great asset to the Board.  The Board is hopeful that, in the future, he may move back into the town and they will be happy to have him back on the Board.

 

A motion was made by Nicholas Schwartz, seconded by Clifford Hanehan, to adjourn the

meeting at 7:17 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 July 22, 2019.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

~ Meeting dates are subject to change ~