TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
November 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 absent, Thomas Carringi present, Clarence
Fosdick present, Christopher Benn present, Nicholas Schwartz - present, Steve
Mehan - present, Alternate Member Mark Sullivan - absent.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds and Robert Weeks.
(Sign-in
sheet is on file in the Clerks office.)
Approval
of Minutes: A motion was made by Clarence
Fosdick, seconded by Christopher Benn, to accept the meeting minutes of October
22, 2018. Chairman William Moreau
aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 6 - 0
Approved
Continued Public
Hearing for Area Variance
Robert
Weeks #18-03
1324
Rt. 9P
Saratoga
Springs, NY 12866
S/B/L
193.10-1-11 Lake Residential
Returning Applicant moved his deck and
due to the stair design impeding into the setback, he seeks a 10' front setback
variance. This application was tabled by
the Applicant at the March 2018
meeting, to give the Applicant time to supply legible maps to the Board.
Applicant Robert
Weeks appeared before the Board and reviewed his application. He stated he demolished the old camp, built a
new house and didn't realize the deck
and stairs went beyond the setback.
He didn't survey that area of the property. He knows this is his fault, although
unintentional, and he will do what is necessary. He would really like to keep the deck if
possible. He will remove the stairs
along the front and put up a railing the entire length, whatever is required by
code and only use the side steps. He
offered to cover the front with plants, planters or lattice; whatever the Board
would like.
Christopher Benn
commented that this is almost 12' into the setback. He doesn't want to see a precedent set here.
Chairman William
Moreau stated the steps are 12' into the setback and the deck is 6'. He asked for Board comments.
Clarence Fosdick and
Steve Mehan felt the same as Chris Benn.
Nicholas Schwartz
commented the issue is how far into the setback he is and if the Board holds
him to the setback. If the Board holds
him to the setback, he still has space in the back for a deck. He has options. He can do plantings in front to cover it from
Rt. 9P for appearances. He has options
here, though they may not be what he's hoping for.
Thomas Carringi
stated he agrees with both Chris Benn and Nicholas Schwartz.
Chairman William
Moreau stated the general consensus of the Board is to go to the setback.
Christopher Benn
said if he were to lose the stairs across the front, he'd still need a 5'6"
variance, which is a lot better than what he's requested.
Nicholas Schwartz
stated hold the line or hold front of deck and use side steps. A 5'6" variance or an 11'8"
variance.
Chairman William
Moreau stated there are two options here: remove stairs and deck or remove
front stairs, keep deck and keep steps at the driveway. He then went through the Balancing Test line
by line with the Board.
A motion was made by Clarence Fosdick, seconded by Nicholas Schwartz, to deny the request as the deck is substantial; push it back to the 40' setback line. Chairman William Moreau nay, Clifford Hanehan - absent, Thomas Carringi - nay, Clarence Fosdick - aye, Christopher Benn - nay, Nicholas Schwartz - aye, Steve Mehan - nay.
Failed to Carried 2 - 4
Chairman
William Moreau stated the motion failed, and he would entertain another motion.
A motion was made by Christopher Benn, seconded by Thomas Carringi, to allow the deck as built, but to remove the length of stairs across the front of the deck facing Rt. 9P and put rails across the entire length of the front of the deck to bring it up to code, which brings the requested variance down to 5'6". Chairman William Moreau aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - nay, Christopher Benn - aye, Nicholas Schwartz - nay, Steve Mehan - aye.
Carried 4 - 2
Granted
Old Business: William
Reynolds, Attorney for the Town, talked with the Board about the proposed event
venue law, noting they've had it in their possession for some time now. He told them if they had any concerns or
comments to please send them to Supervisor Wood as soon as possible, as they
are preparing to have a public hearing soon.
Zoning Officer Gil
Albert told him that he and Planning Chairman Ian Murray have a couple of
changes that need to be made and will get together with him and Supervisor
Thomas Wood.
New Business: None
A motion was made by Nicholas Schwartz, seconded by Clarence
Fosdick, to adjourn the
meeting at 7:42 p.m. Chairman William Moreau aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye. Carried 6- 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held January
28, 2019.
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~