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~