TOWN OF SARATOGA

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 Clerk’s 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~