TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

March 25, 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, Thomas Carringi – present, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - present.

 

Due to the absence of Clifford Hanehan, Alternate Mark Sullivan was elevated to full voting status.

 

Also present: Zoning Officer Gil Albert,  Doug & Carol Post, Penny Hardenstine and Terri Korb. (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Christopher Benn, seconded by Clarence Fosdick, to accept the meeting minutes of February 25, 2019.   Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - recused as not present last month, Steve Mehan - aye, Mark Sullivan - aye.

Carried  6 - 0  (one recusal)

Approved

Public Hearings for Area Variance

 

 

Doug & Carol Post #19-02

1260 Rt 9P

Saratoga Springs, NY 12866

S/B/L 193.14-1-13.2

 

Applicants seek a 22' front setback variance to build a single family home.  Doug Post was sent to the Z.B.A. by the Planning Board, as they had to deny him due to the need for a 22' front setback.

 

Applicant Doug Post appeared before the Board, stating they were sent to the ZBA by the Planning Board.   He reviewed his proposal for subdivision before the Planning Board and was told he needed a front setback variance.  He is seeking a 22' front setback variance to build a house.

 

Chairman William Moreau asked if there were any Board questions.

 

After a lengthy discussion with the Board, Nicholas Schwartz suggested the Applicants move the building envelope down slope toward the lake, as there's a design issue with the placement of the garage.  The Applicants won't be able to back out of the garage and remain on their own property the way it is currently designed.  You have to have 25' minimum radius; they'd have to clear Ύ of the garage to make a movement and there's no way to keep all the movement on their property. 

 

The Applicant explained his engineer was trying to keep this on solid ground/hard pan, instead of shale, which is in the area just recommended.  He also stated they have approval and sign off from NYS DEC and NYS DOT, explaining that Building Inspector Gil Albert had them get approval from those agencies prior to allowing them to apply for the variance. 

 

Nicholas Schwartz showed the Applicant, on the survey, where he felt the building envelope should be located to make it more workable and safer.  It  would be 7' closer to the lake and also allow for less of a setback variance; they'd need 15' instead of 22'.  The Board viewed the proposed new location of the building envelope and agreed it makes it better.

 

After providing Proof of Notice in the Saratogian on March 15, 2019, 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: 

 

Penny Hardenstine, 1258 Rt. 9P, stated she is not in favor of this, the new house will disrupt part of her view and devalue her house.  She doesn't believe they can meet setbacks and it is very steep there.  She knows the Board gave the other neighbor a 22' setback, but she is against this. 

 

Terri Korb, Hill Rd., said after more than two years she still cannot understand giving variances and does not understand how it is keeping within the Comprehensive Plan; can someone explain it to her.  She asked how many board members go to the properties and look at them.

 

Chairman William Moreau responded he always goes out to the properties of applicants, which is what most of the Board members do as well.  They view the properties that come before them and the Board also takes into account comments and concerns of the neighbors and they look at percentage of lot sizes as well.  Recommendations are sometimes given and some applicants alter their plans and others do not and/or cannot.

 

Building Inspector/Zoning Officer Gil Albert added that people have property rights and people have to work with the contours of the land as well.  Sometimes variances are needed.

 

Terri Korb stated maybe he just shouldn't be allowed to subdivide.

 

Chairman William Moreau responded the Applicant has plenty of land to subdivide.  He is here only for a setback variance.  People have property rights.

 

Penny Hardenstine, 1258 Rt. 9P, handed a letter to the Board and said her house is worthless without the view.

 

Chairman William Moreau asked if the Applicant wanted to respond. 

 

Applicant Doug Post replied that Penny is a great neighbor.  She couldn't see the lake from her home, nor he from his own, until he did all the hard work he's done over the years.  She wouldn't have a view if it weren't for him.  Her view will be diminished but her north view remains intact.  The main reason for setting the house where proposed was to keep from encroaching on the lake and for the stability of the garage.  He questioned how much further back the Board suggests he move.

 

Nicholas Schwartz responded that he needs 25' radius, not 18', to make the turn and pushing it back to the west 7', will allow the Applicant sufficient clearance to make the turn and it will be much safer.

 

The Applicant agreed to push it back 7' as suggested.

 

Chairman William Moreau asked if there were any further questions of the public or the Board; there were none.  Chairman William Moreau closed the Public Hearing at 7:40 p.m.

 

Chairman William Moreau went through the Balancing Test, line by line with the Board, which found in favor of the Applicant.

 

A motion was made by Nicholas Schwartz, seconded by Thomas Carringi, to approve a 15' front setback variance.  Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye. 

Carried  7 - 0

 

 

Old Business: None

 

New Business: None

 

A motion was made by Nicholas Schwartz, seconded by Clarence Fosdick, to adjourn the

meeting at 7:55 p.m.  Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye. 

Carried  7 - 0

 

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held April 22, 2019.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~