TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

 

November 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 – present, Thomas Carringi – present, Clarence Fosdick – present, Christopher Benn – present, Steve Mehan - present, Mark Sullivan - present.

 

Also present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Robert Bolen, Melissa Murdock, Joanne Rohrig, 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 Mark Sullivan, to accept the meeting minutes of September 23, 2019.   Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn - aye,  Thomas Carringi - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

 

Public Hearings for Area Variance

 

Robert A. Bolen #19-08                                            Owner:  Melissa Murdock

108 Circular St.                                                                        30 Division St.

Saratoga Springs, NY 12866                                                   Saratoga Springs, NY 12866

S/B/L 180.18-1-15.2 Lake Commercial

Location:  1453 Rt. 9P

 

Applicant seeks a lot area variance of 35,139', front setback of 43', back setback of 49', two-sides setback of 57.2', minimum lot width variance of 95' and minimum frontage variance of 95', to convert a pre-existing, vacant restaurant into a professional office.  The Applicant appeared before the Planning Board for a Special Use Permit but due to variances being needed, they have sent this application to the Zoning Board of Appeals; the Planning Board agreed this proposal is a good reuse of the property. 

 

Robert Bolen appeared before the Board on behalf of Melissa Murdock and explained that they would like to turn the Old Anchor Inn bar, located at 1453 Rt. 9P, into a law office, using the existing structure with some renovations to be done on the inside. 

 

Clarence Fosdick questioned if this is a referral by the Planning Board for a Special Use Permit and Robert Bolen replied yes. 

 

Zoning Officer/Building Inspector Gil Albert stated the Planning Board thinks this is a good use for this nonconforming property, but variances are needed.

 

Attorney William Reynolds stated there are some legal issues with this.  This application is not for an area variance, this is a change of use, so it is for a use variance.  He then reviewed the criteria for non-conforming uses, Chapter 400-12, in the Zoning Regulations and Code book with the Board.  Under Subsection C - (1), it states "once abandoned, a nonconforming building, structure or use of land shall not be reestablished unless such reestablishment is approved by the Zoning Board of Appeals.  When reviewing an application for the reestablishment of an abandoned nonconforming use, the Zoning Board of Appeals shall employ the criteria necessary for the granting of a use variance."   It was determined that as the nonconforming use of the property was abandoned for 2+ years with the former use, that use cannot be reestablished.  Subsection E - (2), states "a nonconforming building, structure or use of land may be changed to another nonconforming use which, in the opinion of the Planning Board, is of the same or less intensive classification." 

 

Clifford Hanehan stated the Planning Board is looking for a use that is less intensive than a bar, less traffic, less parking, hours etcetera.  This is for a real estate law firm and he feels it is a great use for that parcel.

 

Zoning Officer/Building Inspector Gil Albert added they are trying to make it better for what they can do. 

 

Attorney William Reynolds then reviewed Chapter 400-66, D. Use Variances, with the Board.

Chairman William Moreau thanked Attorney William Reynolds for reviewing the information with the Board.

 

Chairman William Moreau then read the findings from the Saratoga County Planning Board which stated 'No significant county wide or intercommunity impact.'

 

After providing Proof of Notice in the Saratogian on November 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.  Seeing as no one wished to speak, Chairman William Moreau closed the Public Hearing at 7:16 p.m.

 

Chairman William Moreau asked if there were any further Board comments or concern; there were none. 

 

Chairman William Moreau went through the Summary of Use Variance Criteria, line by line, with the Board; the Board found in favor of the Applicant.

 

Chairman William Moreau questioned if the sign outside will be changing.

 

The Applicant replied most likely and they will be sure to do it properly according to Town regulations.

 

Zoning Officer/Building Inspector Gil Albert stated he will see to that and added that currently it is in the NYS DOT right-of-way.  The Applicant will have to get a permit through DOT to keep it there. 

 

A motion was made by Christopher Benn, seconded by Clarence Fosdick, to approve establishing the new nonconforming use of this property as presented.  Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn - aye,  Thomas Carringi - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

 

JoAnne Rohrig #19-09

7 Flax Mill Lane

Milford, CT 06461

S/B/L 196.-2-2.1 Conservancy

Location:  113 River Rd.

 

Applicant seeks variance to allow and modify her existing pavilion to remain between the Town's right-of-way and the river.  This Applicant was told by the Board three (3) years ago to remove the structure; she is non-compliant to date.

 

Applicant appeared before the Board and stated she was here 3 years ago about the structure and Zoning Officer Gil Albert has been out there numerous times.  She said she'll move the structure by June - the part that is in the Town's right-of-way.

 

Zoning Officer Gil Albert stated the remaining portion of the structure is still within the setback and doesn't meet regulations; it's not even 25' from the river's edge. 

 

Attorney William Reynolds stated it is clearly illegal to approve any structure in the Town's right-of-way.

 

Applicant stated they are asking to be on the right-of-way, any further and it's in the river.

 

Zoning Officer Gil Albert stated the right-of-way in that district is 50' and they have to go back 16' from the road, so they need to remove 12' of the structure. 

 

A discussion ensued between the Board and the Applicant's son as the application information doesn't match the numbers on the submitted drawings.  The Board concluded they need to go back 16'

 

Christopher Benn stated they have the same square footage for the structure, but it will be more narrow and longer.  He then stated that the Highway Superintendent said as long as it is out of the right-of-way he's okay with it.  Legally you can't have anything in the Town's right-of-way.

 

Chairman William Moreau stated the Town cannot be held liable if any damage occurs to it when the road is plowed if it's only 1' off the right-of-way. 

 

Steve Mehan questioned if the stairs are on the water line.  If so, they'll need a permit from the Canal Corp.

 

Clarence Fosdick questioned when the Board has ever done a zero setback.

 

Attorney William Reynolds asked Zoning Officer Gil Albert to clarify the history of this issue. 

 

Zoning Officer Gil Albert stated the Applicant built this without a permit 3 years ago.  He put a stop work order and told them they needed to come before the Board; the Board told them to remove it a year and a half to two years ago.  They continue to be noncompliant.

 

Attorney William Moreau stated the application says the front setback is 30'. 

 

Zoning Officer Gil Albert said that number is wrong, it is 75' with an accessory structure per Town regulations.  The variance is for 75'

 

Applicant stated she's trying to beautify it there by enhancing the property.

 

Attorney William Reynolds asked Zoning Officer Gil Albert to describe it.

 

Zoning Officer Gil Albert replied they've built a pavilion/ large gazebo with stairs in the Town's right-of-way without a building permit.  It's well built, but non-permitted.

 

After providing Proof of Notice in the Saratogian on November 15, 2019, Chairman William Moreau opened the Public Hearing at 7:35 p.m. asking those wishing to speak, to please stand and state their name and address:

 

Terri Korb, 7 Hill Rd., questioned if this is approved, will it allow others to do the same thing.

 

Chairman William Moreau responded the Board takes each application on a case by case basis.

 

 Seeing as no others wished to speak, Chairman William Moreau closed the Public Hearing at 7:36 p.m.

 

Chairman William Moreau went through the Balancing Test, line by line, with the Board.

 

Attorney William Reynolds questioned the dimensions.  He was told it currently is 17' x 17' and will become 10' x 17'.

 

A motion was made by Christopher Benn, seconded by Thomas Carringi, to approve the 75' front setback variance as long as it is out of the right-of-way, as it is a nice structure.  Chairman William Moreau – nay,  Clarence Fosdick - nay, Steve Mehan - nay, Christopher Benn - aye, Clifford Hanehan - nay, Thomas Carringi - aye, Mark Sullivan - aye. 

Denied  4 - 3

 

The Applicant was told they will have to move the structure a minimum of one foot off of the right-of-way line as the Board will not entertain a zero setback.

 

The Applicant's son questioned why and Chairman William Moreau replied because he said so.  He added the Board is trying to work with them, but they can have them just remove the structure as well.

 

The Applicant's son said if moving the structure one foot is going to make or break this, then they'll move it the one foot.

 

A motion to amend the motion denied, was made by Chairman William Moreau and seconded by Mark Sullivan, to move the structure one foot (1') or more off/out of the Town's right-of-way boundary line.  Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn - aye,  Thomas Carringi - aye, Mark Sullivan - aye.

Carried  7 - 0

Approved

 

Chairman William Moreau reiterated that the Applicant needs to contact the NYS Canal Corp. for a permit if the structure is on the water line or in the water way.

 

Old Business:

 

New Business:

 

A motion was made by Clifford Hanehan, seconded by Thomas Carringi, to adjourn the

meeting at 7:51 p.m.  Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn - aye,  Thomas Carringi - aye, Mark Sullivan - aye.

Carried  7 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held January 27, 2020.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk                             

                                   

 

 

 

 

 

 

 

 

 

 

~ Meeting dates are subject to change ~