TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

November 28, 2016

 

 

Chairman Clifford Hanehan called the meeting to order at 7:00 p.m. and led the flag salute. 

 

Chairman Clifford Hanehan welcomed everyone to the meeting and proceeded to review the Rules of the Board.

 

Zoning Clerk Linda McCabe called the roll: Chairman Clifford Hanehan – present, William Moreau – present, Thomas Carringi – present, Clarence Fosdick – present, John Deyoe - present, Chris Benn – present, Nicholas Schwartz - absent (arrived at 7:31 p.m.), Alternate Member Steve Mehan - present.

 

Due to the absence of Nicholas Schwartz, Alternate Member Steve Mehan was elevated to full voting status.

 

Also present: Building Inspector/Zoning Officer Gil Albert, Town Attorney William Reynolds, Mel Ikler, Bob & Chris Hodorowski, Alan Beach, Donald Coulter, Denise Murphy, Dick Vale, Arthur Siegel 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 Chris Benn, to accept the meeting minutes of October 24, 2016.   Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau – aye, Clarence Fosdick - aye, John Deyoe – aye, Chris Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye. 

Carried  7 - 0

Approved

 

Public Hearing Sign Variance

 

Denise & Jim Murphy #16-16

945 Rt. 29

Saratoga Springs, NY 12866

S/B/L 156.-1-58 Rural Residential

 

Applicant seeks a 4' sign height variance and 170 sq. ft. variance to modify her existing sign.   

 

Applicants Denise and Jim Murphy appeared before the Board and reviewed their application, explaining they are trying to attract customers to their small business on Rt. 29.  They'd like to replace their current sign with a wooden replica of an antique truck and/or other wooden replicas of antique vehicles if someone would want to purchase the wooden truck.  The sign will be in the bed of the vehicle and the vehicle will face the building. 

 

Chairman Clifford Hanehan stated he knows the quality of Jim's work; it is excellent.

 

Zoning Officer/Building Inspector Gil Albert stated  our regulations concerning signs will be looked at during a Joint Workshop because currently the posts, space between posts, etcetera are all part of the size.  If they stay within the square footage it should be okay.

 

Chairman Clifford Hanehan questioned if the total size will be inside the truck bed and the Applicants replied yes.

 

Steve Mehan stated there is a similar sign at Kodiak Construction and it looks great.

 

Zoning Officer/Building Inspector Gil Albert stated  our regs say 6'; she will be a bit higher having it in the bed of the truck but it will be in the same location of the current sign.

 

Clarence Fosdick questioned if a state permit is required and Zoning Officer/Building Inspector Gil Albert replied no, as long as it is not in their right-of-way.

 

Clarence Fosdick then stated he likes the idea, but is concerned others may come up with more clever ideas which may block that right-of-way.  Zoning Officer/Building Inspector Gil Albert responded that this is for this parcel only.  Sign variances are a case-by-case process before this Board.

 

Chairman Clifford Hanehan stated this is very creative and believes it will be very attractive.  He questioned if there would be any further signage. 

 

Applicant Denise Murphy stated she had thoughts of painting 'Shop Small Business' on the door of the truck, but she doesn't have to if the Board objects.

 

The Board discussed how the Town is trying to promote business in that Rt. 29 corridor and this sign could help her business.  Zoning Officer/Building Inspector Gil Albert added there have been some lighting issues with some businesses on Rt. 29. 

 

Applicant Denise Murphy responded that her lights are on a timer and she would keep the same lighting she has; they turn off at the same time each evening.

 

Chairman Clifford Hanehan asked for the opinion of the Zoning Officer.

 

Zoning Officer/Building Inspector Gil Albert stated he thinks this will help with their business and he is fine with this.

 

Chairman Clifford Hanehan asked for the opinion of the Town Attorney.

 

Town Attorney William Reynolds stated he had no opinion; just keep in mind the Applicants had presented a visual depiction of their proposed sign and the Board should keep that in mind when making their determination.

 

After providing Proof of Notice in the Saratogian on November 18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:20 p.m. asking those wishing to speak to please stand and state their name and address. 

 

Seeing as no one spoke, Chairman Clifford Hanehan closed the Public Hearing at 7:21 p.m.

 

Chairman Clifford Hanehan then went through the Balancing Test line by line with the Board; the Board found in favor of the Applicant.

 

A motion was made by Clarence Fosdick, seconded by John Deyoe, to grant the variance as presented, with the condition that the wooden replica of an antique vehicle faces the business and with the lighting not to exceed the preexisting lighting of their sign.  Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau – aye, Clarence Fosdick - aye, John Deyoe – aye, Chris Benn - aye, Steve Mehan - aye. 

Carried  7 - 0

Approved

 

Public Hearing Area Variances

 

Alan Beach #16-15

80 Smith St.

Lynbrook, NY 11563

S/B/L 180.17-1-21.1  Lake Residential

Location:  113 Point Breeze Rd.

 

Applicant seeks a 70' front setback variance and a 5' side setback variance in order to build a 12' x 24' garage/shed on his property.

 

Applicant Alan Beach appeared before the Board, handed in his receipts of neighbor notifications and reviewed his application with the Board.  He stated that he is removing the 6' x 12' shed and replacing it with a 12' x 24' garage.  He stated it will have the main garage door and also an entrance door with windows on each side and will be on gravel.

 

Town Attorney William Reynolds questioned Zoning Officer/Building Inspector Gil Albert if this is considered customary accessory use and was told yes.

 

Clarence Fosdick questioned what's on the other side of his property and Applicant Alan Beach said a large house and added that this  really fits in with the surrounding properties.

 

Chairman Clifford Hanehan noted that the proposed garage is twice the size of the shed and Applicant Alan Beach replied yes. 

Chairman Clifford Hanehan also that he's moving it further back from the property line to make it better and Applicant Alan Beach replied yes. 

Chairman Clifford Hanehan then questioned why the 5'?  Applicant Alan Beach replied he's trying to keep everything to one side so he can have an area to park vehicles and keep them off the road and because there's a grinder pump 10' off the rear toward the fence - in the middle of the front yard.

 

Zoning Officer/Building Inspector Gil Albert stated he believes it's the only way he can place it to put his vehicle there plus have room for parking other cars.  It makes it easier to keep the parking off the street and right-of-way. 

 

After further Board discussion Chairman Clifford Hanehan asked the opinion of the Zoning Officer. 

Zoning Officer/Building Inspector Gil Albert replied he believes it is keeping within the surrounding properties in the area, he's under lot coverage and it's the best place to locate it on the property.

 

Chairman Clifford Hanehan asked for the opinion of the Town Attorney; he had no opinion.

 

After providing Proof of Notice in the Saratogian on November 18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:46 p.m. asking those wishing to speak to please stand and state their name and address:

 

Robert Hodorowski, 109 Point Breeze Rd., stated he thinks this is advantageous for the property as well as the neighborhood.  He also said he welcomes this Applicant to the neighborhood.

 

Chairman Clifford Hanehan asked if anyone else would like to speak; seeing none, Chairman Clifford Hanehan closed the Public Hearing at 7:48 p.m.

 

Chairman Clifford Hanehan then went through the Balancing Test line by line with the Board; the Board found in favor of the Applicant.

 

A motion was made by Christopher Benn, seconded by Clarence Fosdick, to grant the variance as presented.  Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau – aye, Clarence Fosdick - aye, John Deyoe – aye, Chris Benn - aye, Steve Mehan - aye Nicholas Schwartz - aye. 

Carried  8 - 0

Approved

 

 

Donald, Kimberly & Joshua Coulter #16-17

83 Rodgers Lane

Saratoga Springs, NY 12866

S/B/L 206.6-2-53 Lake Residential

Location:  Rt. 9P rear

 

Applicants seek a 32' front setback variance in order to construct a duplex residence and due to the property being on a private road,

 

Applicant Donald Coulter and family appeared before the Board and reviewed the application.  Applicant Donald Coulter stated they propose to build on their now vacant lot, in the location where the old house used to be, although this will be a larger duplex home.  He explained that due to the 10% grading of the land, they'll be able to drive up and behind the house in that location.  If they moved the location to the center of the lot, it would be very difficult to not only build there, but to get to it due to those slopes. 

 

The Board agreed.

 

Applicant Donald Coulter added that he owns all of Rodgers Lane road as well as a parcel across the road.  He said they are required by the regulations to be hooked to the sewer line.  He is paying for the sewer to come up the center of the entire road of Rogers Lane.  They need a 32' variance for the front setback due to the sloping of the property.

 

Chairman Clifford Hanehan questioned the width of the road.

 

Applicant Donald Coulter responded according to his deed it is 20' wide, pin to pin, but it hasn't been maintained as such.  The road is a private road with right-of-ways written in the deed.  The road is also a separate parcel from the lot.

 

Zoning Officer/Building Inspector Gil Albert stated the Applicant will have to create a turn-around for emergency vehicles on that road. 

 

Town Attorney William Reynolds questioned if there's a public road/highway there and the Applicant replied no.  Town Attorney William Reynolds then asked if we have assurance of said deeded rights and the Applicant responded not with him, but if requested he can provide it.

 

Chairman Clifford Hanehan asked if there were any further questions from the Board; there were none. 

 

Chairman Clifford Hanehan asked the opinion of Zoning Officer/Building Inspector Gil Albert.

Zoning Officer/Building Inspector Gil Albert responded he thinks this is a decent fit in the area and has no issues with it; this is a larger lot than most out in that area.

 

Chairman Clifford Hanehan asked the opinion of Town Attorney William Reynolds; he had no opinion.  He then added that ownership of the road allows those with valid deeded right-of-ways to make use of those rights.

 

After providing Proof of Notice in the Saratogian on November 18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 8:05 p.m. asking those wishing to speak to please stand and state their name and address:

 

Richard Vale, 82 Rodgers Lane, questioned if the lot will be accessed via Rodgers Lane and  what the 32' setback variance was for.

 

The Board explained that yes it will be accessed via Rodgers Lane and according to regulations a 50' setback is required in that district.  So to place the corner of the duplex 18' off the property line, the Applicant needs a 32' variance. 

 

Mr. Vale questioned if duplexes are allowed in that district and the Board said yes. 

 

Mr. Vale then stated he's concerned with the Applicant running the sewer line up the middle of Rodgers Lane; he has power lines and water lines going under it.

 

Zoning Officer/Building Inspector Gil Albert stated this is a private road and is beyond the realm of this Board.  Any concerns of the road need to be dealt with privately, not with this Board.

Art Siegel, 22 Corporate Woods Blvd., Albany, NY,  addressed the Board with concerns of a neighbor for that district; height restrictions, allowable uses and road ownership.

 

The Board stated duplexes are an allowable use in that district and one needs a minimum of 20,000 sq. ft. to have a duplex.  The height requirement is no higher than 34' and the Applicants own the entire road.

 

Terri Korb, 17 Hill Rd., asked the Board to again explain the 32' variance; the Board reviewed that again for her.  She also was concerned about the impact of storm water run-off on the neighboring property across the road.

 

The Board responded that the neighbor's property across the road is higher than this and as such there will be no impacts to that land.

 

Chairman Clifford Hanehan asked if anyone else would like to speak; seeing none, Chairman Clifford Hanehan closed the Public Hearing at 8:26 p.m.

 

Chairman Clifford Hanehan asked if there were any further Board questions for the Applicant; there were none.

 

Chairman Clifford Hanehan then went through the Balancing Test line by line with the Board; the Board found in favor of the Applicant.

 

A motion was made by Clarence Fosdick, seconded by William Moreau, to grant the variances as presented, with a copy of the road deed and written opinion of counsel, to be brought in by the Applicant for review by Town Attorney William Reynolds.  Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau – aye, Clarence Fosdick - aye, John Deyoe – aye, Chris Benn - aye, Steve Mehan - aye, Nicholas Schwartz - aye. 

Carried  8 - 0

Approved

 

Old Business: The next Joint Board Workshop will be held on Dec. 6th at 7:00 p.m. with the focus being on language concerning the regulation for clear cutting.

 

New Business:

 

A motion was made by Christopher Benn, seconded by Nicholas Schwartz, to adjourn the meeting at 8:37 p.m.  Chairman Clifford Hanehan -aye, William Moreau – aye, Thomas Carringi - aye, Clarence Fosdick - aye, John Deyoe – aye, Chris Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.

Carried 8 - 0

 

Meeting Adjourned

 

*The Board wishes to thank John Deyoe for all the time and work he has put into the Zoning Board of Appeals over the past 9 years, 4 months!  Enjoy your new free Mondays!

 

The next Zoning Board of Appeals meeting will be held January 23, 2017.  

 

Wishing everyone a Merry Christmas and a Blessed New Year!

 

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk