TOWN OF SARATOGA
ZONING BOARD
OF APPEALS DRAFT MINUTES
May 24, 2021
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 – present, Steve Mehan
- present, Mark Sullivan – absent, Christopher Benn – present, Mark Solan – absent,
Alternate Rick Burke - present.
Due
to the absence of Mark Sullivan, Alternate Rick Burke was elevated to full
voting status.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Andrew
Kazanjian, Robert Flansburg, Walter Hayes, Jessica
Ross, Shenandoah Clark & Brittany Rowlison. (Sign-in
sheet is on file in the Clerk’s office.)
Approval
of Minutes: A motion was made by Christopher
Benn, seconded by Steve Mehan, to accept the meeting
minutes of April 26, 2021 as written. Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi
- aye, Christopher Benn - aye, Steve Mehan - aye, Mark
Sullivan – absent, Mark Solan – absent, Rick Burke - aye.
Carried 6 - 0
Approved
Public Hearings for Area Variance
Andrew Kazanjian #21-03
10 Saddle Brook Dr.
Saratoga Springs, NY 12866
S/B/L 193.6-1-52 Lake Residential
Location: 1390 Rt. 9P
Town of Saratoga Planning Board
has sent Applicant before the ZBA, as he seeks a 5051 sq. ft. area variance in
order to construct a single family dwelling on each
lot, once subdivided. Once subdivided, each
lot would have 70’ of frontage, but will lack the required area variance.
Applicant Andrew Kazanjian
appeared before the Board, explained he had been before the Planning Board last
month and was sent to ZBA for an area variance, as he meets all other
setbacks. The property meets frontage,
once divided each lot will have 70’, but if divided each lot will only have 9,025
sq. ft. and 15,000 is required. He seeks a 5051 sq. ft. area variance as he
seeks to subdivide the property into two lots and if subdivided, each lot will
be under the required area square footage.
Clifford Hanehan questioned the property lot area.
The Applicant
replied 9249+/- per survey.
Steve Mehan questioned the size of the proposed homes.
The Applicant
replied similar to those on Fitch Rd., as he must stay within setbacks they will be long and narrow, maybe 35’ – 40’ wide,
they’ll be designed for those lots.
Clifford Hanehan questioned how many are there now.
The Applicant responded
one plus a garage.
Clifford Hanehan stated if the Applicant doesn’t subdivide and put
two homes on the property, he wouldn’t need a variance.
The Applicant responded
he’s trying to conform with what is in the neighborhood and maximize what he
can do; economically it isn’t worth it to build just one house there. He’d like to split the property in half and build
two really nice houses there and seeks a variance to do so, which will improve
the property. Isn’t that why you give
variances?
Clifford Hanehan replied yes.
Steve Mehan noted this will become self-created difficulty.
Chairman William
Moreau questioned Zoning Officer/Building Inspector Gil Albert if there was
ever a trailer there.
Zoning Officer/Building
Inspector Gil Albert responded not in the past 15 years; a house was demolished
by the Town and then there’s the current one.
Chairman William
Moreau asked if there were any further questions or comments from the Board;
there were none. He then asked for the
opinion of Zoning Officer/Building Inspector Gil Albert.
Zoning
Officer/Building Inspector Gil Albert replied it’ll be a vast improvement and
keeping within the surrounding neighborhood there at the lake.
Chairman William
Moreau asked for the opinion of Town’s attorney.
Town Attorney
William Reynolds questioned if there will be a public hearing tonight.
Chairman William
Moreau replied yes.
Town Attorney
William Reynolds stated he would wait until then to give his opinion.
After providing Proof of Notice in the Saratogian on May 14, 2021, Chairman
William Moreau opened the Public Hearing at 7:21
p.m. asking those wishing to
speak, to please stand and state their name and address:
Shenandoah
Clark, 1388 Rt. 9P, stated he would love to see the proposed
improvement there and he encouraged the Board to approve this proposed project.
Brittany Rowlison, 1386 Rt. 9P, stated she loves living there and urged the Board to approve this
project as it will be a vast improvement.
Seeing as no one further
wished to speak, Chairman William Moreau
closed the Public Hearing at 7:23 p.m. He then asked if there were any
further Board comments or concern.
Clifford Hanehan stated the Town Attorney sent clarification of ‘self-created
hardship’ and asked if the Town Attorney could speak to that prior to going
through the balancing test, as he’s still confused on how to determine the bar
of hardship and difficulty.
Town Attorney
William Reynolds said there are two self-created aspects of ZBA review, use and
area variances. Use is the higher standard
to show and is more difficult and rarely do we see that. Area is the lower standard, if you will, and
should be referred to as self-created difficulty not hardship. For example, if the applicant doesn’t
subdivide the parcel, there is no difficulty. He can easily put one house on the lot without
the need for a variance.
Clifford Hanehan responded he feels he is charged with is trying not
to create problems, difficulties and at this point there is none. He can build a single home without subdividing
the land. But as the intention is to split
it, and he understands the financial reason wanting to do that, that creates
the self-created difficulty. Going
through the balancing test, that question will come up.
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 – Christopher Benn said no, there’s no available
land he can purchase to add to the lot to give more square footage; most
members agreed. Clifford Hanehan said he wouldn’t need a variance if he wasn’t
dividing the lot so he does have options.
The Applicant said
he’s looking for a variance from the Board and a lot of variances have given
out there; he’s looking to improve the property and isn’t that why variances
were created and the reason for giving variances? Clifford Hanehan
responded yes.
2. Undesirable change in neighborhood
character or detriment to nearby properties – Chairman William Moreau and
Board members said no.
3. Whether request is substantial – Chairman
William Moreau and Clifford Hanehan said no; Board members
agreed.
4. Whether request will have adverse physical
or environmental effects –Entire Board said no, it will make it a healthier
environment.
5. Whether alleged difficulty is
self-created, relevant but not determinative – Attorney William Reynolds said
yes but you can still approve; it’s a determinative factor but not a
disqualifying step. Christopher Benn
stated it is self-created difficulty as Clifford has pointed out. He has a parcel that meets criteria as it
sits, without subdividing and he’s creating the difficulty with subdividing, but
economically he understands the subdivision.
Clifford Hanehan
added he can do a single home without subdividing, although he too, understands
why he’d like to subdivide economically and he agrees with the Applicant that
it’s equal to other homes in the area. Chairman
William Moreau agreed it’s self-created but he’s improving the property and it’s
a property the Town has battled with for years.
Needs no side setbacks, no issue to any neighbors and we are
here to help and
improve issues with properties. Clifford
Hanehan added that the neighbors of the property are
present and support approval for this project.
Chairman William Moreau asked
if there were any further questions; there were none.
A motion was made by Christopher
Benn, seconded by Tom Carringi, to accept the
application as presented
and grant the amended square footage of 5,750 sq. ft.
Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn
- aye, Steve Mehan - aye, Mark Sullivan – absent, Mark
Solan – absent, Rick Burke - aye.
Carried 6 - 0
Granted
The Applicant thanked the Board.
Marc & Meghan Russo #21-04 Representative: Robert Flansburg,
P.E.
21 School Rd.
Wilton, CT 06897
S/B/L 206.9-2-29.11 Lake
Residential
Location: 1107 Rt. 9P
Applicants seek a 7.11’ frontage
variance in order to remove existing two-car garage and construct a new three-car
garage with living space on both the first and second floor of proposed garage.
Robert Flansburg,
Dreamscapes, appeared on behalf of the Applicants. He said the Applicants propose to remove the
existing two-car garage and build a new three car garage with living space for
their parents, on the first and second floor of the new garage. The challenge is how to connect the new structure
to the house. This will meet all
setbacks other than 7’ of frontage and they seek a 7’ variance to be compliant,
adding they could do a covered walkway connecting the house to the new
structure.
Christopher Benn questioned if
the entry point of the new structure’s living space is on the far end of the proposed
garage.
Robert Flansburg
replied yes, which is the area of the living space on the first floor. The second floor will house a couple of
bedrooms, bathrooms and living space as well.
Christopher Benn questioned
if the walkway meets regulations for attachment.
Chairman William Moreau and
Zoning Officer/Builder Inspector Gil Albert both responded yes. Zoning Officer/Building Inspector Gil Albert
read the regulation to the Board.
Robert Flansburg
described the structured connection to the Board.
Clifford Hanehan
questioned if it meets our description of attached and Zoning Officer/Building
Inspector Gil Albert replied yes, as it’s a solid structure.
Chairman William Moreau asked
if there were any more Board questions; there were none.
Chairman William Moreau asked
for the opinion of the Zoning Officer/Building Inspector
Gil Albert and Town Attorney William Reynolds.
Zoning Officer/Building
Inspector Gil Albert stated it keeps within the surrounding neighborhood; it’s
a minor variance creating a two-family property, so he’s good with the project.
Town Attorney William
Reynolds said he’d like the Applicant’s representative to agree it is now a conversion
of a one family to a two-family application.
Robert Flansburg
responded yes, it’s a conversion of one family to two family, as their adding
the garage apartment.
Town Attorney William
Reynolds added the Town may want to clarify the attachment issue with new
legislation.
Zoning Officer/Building
Inspector Gil Albert agreed and noted the Joint Board tried to have this
clarified a couple of years ago. He
believes they need to think about this and put forth a clear, precise
definition of ‘attached’, as it stands now, it’s all they have to go by.
Town Attorney William
Reynolds agreed.
After providing Proof of Notice
in the Saratogian on May 14, 2021, Chairman
William
Moreau opened the Public Hearing at 7:52 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 7:53 p.m. He then asked if there were any
further Board comments or concern; there were none.
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 – Christopher
Benn, Clifford Hanehan and Chairman William Moreau said
no and the Board members agreed.
2. Undesirable
change in neighborhood character or detriment to nearby properties – Entire
Board said no.
3. Whether
request is substantial – Chairman William Moreau said no; all Board members
agreed.
4. Whether
request will have adverse physical or environmental effects – Entire Board
responded no.
5. Whether
alleged difficulty is self-created, relevant but not determinative – Clifford
Hanehan said yes.
Town Attorney William Reynolds asked the Board to refer to the information
he provided them about self-created. It
says ‘when an owner builds on a lot, he does not thereby preclude himself from
obtaining a variance for additional construction in the future. Thus, the Board of Appeals should not “require
homeowners to anticipate all future needs and property uses before one constructs a home, otherwise all subsequent nonconforming
desires would be rejected as self-created.”
It constitutes only one (1) factor to be considered by the Board, it
does not act as a bar to the granting of an area variance. The Board and Applicant’s representative agreed
it is self-created, but it is only one factor out of the five.
A motion was made by Clifford Hanehan,
seconded by Steve Mehan, to grant the requested 7.11’
frontage variance (due to the existing frontage of 92.89’), to allow the
applicant to build an attached 3 car garage with apartment. Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi -
aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan
– absent, Mark Solan – absent, Rick Burke - aye.
Carried 6 - 0
Granted
The Applicant thanked the Board.
Walter Hayes #21-05
249 Hayes Rd.
Schuylerville, NY 12871
S/B/L 169.-1-66
Location: 256 Burgoyne Rd.
Rural Residential
Applicant seeks a 4’ front set
back variance in order to build a garage on the undersized lot.
Applicant Walter Hayes
appeared before the Board and reviewed his application seeking a 4’ area
variance in order to build a 24’ x 24’ detached garage.
After a lengthy discussion
between the Board and the Applicant, Chairman William Moreau
felt having an updated survey
with correct measurements showing the building envelope of the garage will be
beneficial, as the building may have to be pushed forward a bit. He suggested the
Applicant table this public
hearing until he can submit an updated survey showing the correct measurements
and building envelope of the proposed garage, as none of the submitted numbers in
the application matched up with the submitted map. Once he provides that information, the Board
can conduct the public hearing.
The Applicant thanked the
Board and stated he wished to table the application until he can get the survey
completed with the information the Board requests.
Returning
Old Business: None
New Business: None
A motion was made by Christopher Benn, seconded by Rick
Burke, to adjourn the
meeting at 8:12 p.m. Chairman William Moreau – aye,
Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn
- aye, Steve Mehan - aye, Mark Sullivan – absent, Mark
Solan – absent, Rick Burke - aye.
Carried 6 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held June
28, 2021.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~