TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

March 26, 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 – absent, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - present.

 

Due to the absence of Board Member Thomas Carringi, Alternate Member Mark Sullivan was elevated to full voting status.

 

Also present: Zoning Officer Gil Albert, Scott Morrison, Eileen and Michael Stewart and Terri Korb.  (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 February 26, 2018.   Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

Public Hearings for Area Variance

 

Robert Weeks  #18-03

1324 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 193.10-1-11 Lake Residential

 

Applicant moved his deck and due to the stair design impeding into the setback, he seeks a 10' front setback variance.

 

Scott Morrison appeared on behalf of the Applicant.  He reviewed the issues with the deck and stairs with the Board, stating he made a mistake with his calculations upon building the deck.  The Applicant didn't want railings to disrupt the view so they wrapped the entire deck with steps and didn't realize with doing so, that the deck would end up 6' beyond where it should have.  He didn't realize the steps would be included with the measurement and that it would end higher up on elevation than he anticipated.

 

Zoning Officer/Building Inspector Gil Albert stated normally the stairs are not included in the deck measurement, but when you completely wrap them around the deck it has to be included and that is what caused him to be 10' into the setback.  Since the stairs wrap the entire deck, they only need rails for the stairs.  Setback is to be 40' and the Applicant is 10' in that setback.

 

Chris Benn questioned if rails are needed due to height and Zoning Officer/Building Inspector Gil Albert reiterated no, since the stairs wrap all the way around it, he has to have railings for the stairs only.

 

Zoning Officer/Building Inspector Gil Albert stated he asked the Applicant four times to supply larger maps for the Board and asked Clerk Linda McCabe if she had received any maps.  Clerk Linda McCabe responded she had not, aside from what was in the packets.

 

After Board discussion concerning the inability to read any measurements on the submitted map, the Board requested the Applicant supply a larger, legible map. Scott Morrison tabled the application until next month in order to provide the Board with more information and maps that are legible.

Tabled by Applicant  

 

Michael J. Stewart #18-04

1310 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 193.10-1-22 Lake Residential

 

Applicant seeks a 24.75' front setback variance and a 3' two-sides setback variance in order to build a new house.

 

Applicant Michael Stewart appeared before the Board and reviewed the variances he requests in

order to build his new house.

 

After a lengthy discussion with the Applicant concerning the size of the house and the location of the well, the Board requested the Applicant redraw his plans and bring it down in size in order to reduce the variances requested.   The Applicant didn't want to do that as he's already had the plans drawn up. 

 

Chairman William Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert.

 

Zoning Office/Building Inspector Gil Albert responded just because the Applicant had prints done up prior to coming before the Board doesn't mean they can't be changed, it means he's in the planning stage.  This is exactly the reason he tells all applicants to only bring in a sketch plan, as they don't know what the Board will say. 

 

Chairman William Moreau asked for the opinion of William Reynolds, Attorney for the Town.

 

Attorney William Reynolds replied there is not enough information on two counts of the Balancing Test.  In his opinion there is insufficient data to go forward at this point.

 

Chairman William Moreau explained to the Applicant that the Board goes through a Balancing Test and the Board votes based upon that outcome.  As the Board is asking for more information, the Applicant can table this in order to provide the Board with the requested information, or the Applicant can choose to risk going forward and see how the Board will vote; it is up to the Applicant.   Seeing as the Applicant said nothing further, Chairman William Moreau proceeded with opening the public hearing.

 

After providing Proof of Notice in the Saratogian on March 16, 2018, Chairman William Moreau opened the Public Hearing at 7:48 p.m. asking those wishing to speak, to please stand and state their name and address: 

 

Terri Korb, Hill Rd., questioned what is a want and need here; it seems more information needs to be gathered.

 

 Seeing as all had spoken who wished to speak, Chairman William Moreau closed the Public Hearing at 7:49 p.m.

 

After further discussion with the Applicant, the Board reiterated they had insufficient data and asked for new drawings to scale, with a smaller footprint and a qualified cost analysis of impact to the Applicant concerning a new well versus restructuring the design of the house. 

 

Applicant tabled the application until next month in order to look into redesigning the house and/or cost effectiveness of a new well.

Tabled by the Applicant

 

Old Business: None

 

New Business: None

 

A motion was made by Nicholas Schwartz, seconded by Mark Sullivan, to adjourn the

meeting at 8:07 p.m.  Chairman William Moreau – aye, Clifford Hanehan -aye, Thomas Carringi - absent, 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 23, 2018.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

~Meeting dates are subject to change~