TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

March 27, 2017

 

 

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, Chris Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - present.

 

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

 

Also present: Building Inspector/Zoning Officer Gil Albert, Steven Brooks, Rex James and Town Attorney William Reynolds.  (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Clarence Fosdick, seconded by Chris Benn, to accept the meeting minutes of February 27, 2017.   Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

 

Area Variance

 

Rex James #17-02

772 Rt. 29

Saratoga Springs, NY 12866

S/B/L 168.-3-9.1 Rural Residential

 

Returning Applicant seeks a 13' side set back variance and a 2' lot width variance in order to combine two structures by building a connection of a habitable space.

 

Applicant Rex James appeared before the Board and reviewed his denial of last month's meeting and the changes he has made in order to become compliant with Town regulations.  He then stated his nearest neighbors wrote a letter of support on his behalf since they were unable to attend the meeting; he gave that letter to the Chairman for the file, as well as a photo showing the location of his house and the neighbor's house. (letter and photo are on file in the Clerk's office)

 

Nicholas Schwartz questioned if the outstanding CO is still open on this property.

 

Building Inspector/Zoning Officer Gil Albert replied it is; he added although it was with the previous owner, it is on this property and until it is closed he will be issuing no building permits.  He needs to see and inspect the electrical in the upstairs bathroom in the house.

 

Chris Benn stated the Applicant shows two different plans; which one is the correct one?

 

Applicant Rex James responded he showed one that is a fully habitable space and the other one shows a short hallway into the livable space, in the center, from both structures.  He did that because he was unsure exactly what the Board wanted; he will go with whatever is acceptable.

 

Chairman William Moreau asked if there were any further questions of the Board; there were none.

 

After providing Proof of Notice in the Saratogian on March 17, 2017, 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 7:16 p.m.

 

Chairman William Moreau asked if there any questions of the Board.

 

Nicholas Schwartz asked if he will need a new septic system.

 

Building Inspector/Zoning Officer Gil Albert responded he'll check to see if original is designed to handle both, if not, then a new one will need to go in.

 

Applicant Rex James stated he will put one in if needed; the new one will go with the house and the old one will be used for the garage structure, although this becomes one structure once combined.

 

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

 

Chairman William Moreau then read the response from the County for last month's application for this Applicant, which we didn't receive until after that meeting.  It states no significant county wide or inter community impact.

 

Chairman William Moreau asked for the Town Attorney's opinion; he had no opinion.

 

Chairman William Moreau asked Building Inspector/Zoning Officer Gil Albert for his opinion; he stated he is fine with this, but the open CO must be closed.

 

Nicholas Schwartz made a motion, seconded by Thomas Carringi, to approve the 13' side yard setback variance and the 2' lot width variance as presented.  Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye. 

Carried 7 - 0

Granted

The Applicant thanked the Board.

 

Steven Brooks #17-05

306 Rt. 32 S.

Schuylerville, NY 12871

S/B/L 182.-1-60.3 Rural

 

Applicant seeks a 33' front set back variance to construct a new garage/storage building.

 

 

Applicant Steven Brooks appeared before the Board stating he seeks to build a 24' x 24' garage.

He explained he is unable to move it further back on his property due to the stream that runs through the property, as well as the location of the septic, which is half way between the house and the boundary line, and his well is on the other side of the property, so he can't move it there.  He said it would begin as a pole barn and later when he has the funds, he will be adding walls to make it a garage for both his vehicle and his wife's vehicle.  He has a large shed on the far end of his property and he will be removing half of it once the garage is completed. 

 

Clarence Fosdick questioned if the stream is seasonal.

 

Applicant Steven Brooks responded it does dry up, but when any rain comes, it is running and it does flood with heavy rains.

 

Board discussion ensued on possible ways to fill in that area.  Building Inspector/Zoning Officer Gil Albert stated he really can't fill it in there.  The land slopes down a bit but the way that area fills with water and floods,  it would take a great deal.  He really can't move it anywhere else on the property.

 

Chairman William Moreau asked if there were any other Board questions; there were none.

 

Chairman William Moreau asked for the Town Attorney's opinion; Town Attorney William Reynolds responded he had no opinion.

 

Chairman William Moreau asked for the Zoning Officer's opinion; Zoning Officer Gil Albert responded he believes the Applicant is doing the best he can with what he has and he is fine with this.

 

After providing Proof of Notice in the Saratogian on March 17, 2017, Chairman William Moreau opened the Public Hearing at 7:32 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 7:33 p.m.

 

Chairman William Moreau asked if there was any response from the County; there was not.

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 Chris Benn, seconded by Steve Mehan, to grant the 33' variance as presented.  Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye.  Carried  7 - 0

Granted

 

Old Business: none

 

New Business: none

 

A motion was made by Chairman William Moreau, 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, Chris 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 24, 2017.  

 

Respectfully submitted,

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~