TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

October 22, 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 – present, Thomas Carringi – present, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - present.

 

Also present: Zoning Officer Gil Albert, Attorney William Reynolds, Dave Rich, Mr. Kimball, Daniel Sonesen.  (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Clarence Fosdick, seconded by Thomas Carringi, to accept the meeting minutes of July 23, 2018.   Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.

Carried  7 - 0

Approved

 

Public Hearing

 

Holly Kimball #18-06                        Representative: Dave Rich, Dave Rich Construction

19 Everette St.

Concord, MA 01742

S/B/L 193.5-1-37 Lake Residential

Location:  125 Franklin Beach Rd.

 

Applicant seeks a 16'6" front setback variance and a 4' back setback variance in order to construct a new home.

 

Dave Rich, Dave Rich Construction, appeared on behalf of the Applicant.  He reviewed the application with the Board and stated his Applicant is asking for no more than the other seven or eight homes he has already built on that road.  The measurements include the roof overhang so the home will actually be a foot and half smaller when completed.  They are using 22.4% of the lot so they can allow room on the one side for their children's outside play area. 

 

Nicholas Schwartz questioned if there is an existing camp on the lot.

 

Dave Rich responded yes there is and guesstimates the size is about 700 sq. ft.

 

Clarence Fosdick questioned the setback of the current building.

 

Dave Rich replied probably a little greater than their request.

 

Christopher Benn said on the dimensions on the submittal for the two side setbacks of the proposed home, you have that little clause "ish" and asked for an explanation.

 

Dave Rich responded  that he leaves himself six inches within legal bounds in case he has to move two inches one way or another; he considers those numbers minimum and will never take up more.  This allows him to take up less with everything.  With the dimensions submitted, he actually will be taking a foot and a half less.

 

Clifford Hanehan asked if he needs the 4' back variance.

 

Dave Rich replied yes, that includes the overhang plus six inches forgiveness for himself.  The building will be a foot and a half closer and there will be no view obstructions on the backside/lakeside.

 

Chairman William Moreau asked if there were further Board questions. 

 

Zoning Officer Gil Albert stated looking at the renderings and stated he'll be under 35' for height.

 

Nicholas Schwartz questioned how much fill will be brought in.

 

Dave Rich replied 16".  He added the bottom is all garage and a little area in back with a step-up to the 212 above flood plain, it is not at frost level.  There will be no living space, just a small storage area.

 

Clifford Hanehan stated to alleviate variances they'd have to shorten the house; if they start taking off, they don't end up with much of a house.  They are all little lots around there and that's the issue.

 

Zoning Officer Gil Albert stated it is keeping within the surrounding neighbors and not encroaching on the neighbors.

 

Chairman William Moreau questioned will bringing in the fill encroach the neighbors property.

 

Dave Rich responded it will be a very gentle shed away from the home, there should be no issue.

 

Zoning Officer Gil Albert said if he sees anything wrong he will have them put in french drains.

 

Nicholas Schwartz noted they've enough room to go more center with the building if water sheds too much.

 

Zoning Officer Gil Albert stated this is keeping with what we've talked about with the change in our regulations, keeping it to one side to allow space for parking and keeping the vehicles off the road.

 

Dave Rich added his Applicant wanted a side yard so their two young sons have a place to play outside.

Christopher Benn questioned that as this is preexisting, he doesn't need an area variance?

 

He was told yes.

 

Attorney William Reynolds said he disagreed with that; if it is a tear down and new build, it's a new lot. 

 

Zoning Officer Gil Albert replied they've never done that in the past; they've always accepted those lots as preexisting.  No one would be able to do anything on the lots if those lots had to comply with regulations; the majority of the lots are pre-existing, nonconforming lots out there.

 

Attorney William Reynolds responded he'll accept that statement as a statement of past practice then.

 

After providing Proof of Notice in the Saratogian on October 12, 2018, Chairman William Moreau opened the Public Hearing at 7:18 p.m. asking those wishing to speak, to please stand and state their name and address: 

 

Daniel Sonesen, 120 Franklin Beach Rd., questioned how many feet from his property line to the house.

 

Dave Rich responded 30' from the drip line to his property line.

 

Daniel Sonesen said he has no problem with this. 

 

Seeing as all had spoken who wished to speak, Chairman William Moreau closed the Public Hearing at 7:49 p.m.

 

A motion was made by Clarence Fosdick, seconded by Christopher Benn, to approve the 16'6" front setback variance and a 4' back setback variance as presented.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.

Carried  7- 0

 

Old Business: None

 

New Business:  The Board and Town Attorney had a discussion concerning preexisting lots.  Attorney William Reynolds said there is no grandfathering in, so if preexisting, nonconforming, they should look at the percentage of coverage of existing lots to determine what one can do.  As long as one stays within the allowable percentage of lot coverage, it's okay.

 

Zoning Officer Gil Albert reminded the Board to review the Event Venue proposal and get any suggestions or concerns to Supervisor Wood, himself or Clerk Linda McCabe, the sooner the better.

 

Clifford Hanehan stated he wants to send a message that he stands behind Ian Murray, Planning Board Chairman, and all the work he has done and continues to do.  The entire Board agreed and stated they all stand behind Ian Murray. 

Chairman William Moreau told the Board he went and spoke with Supervisor Thomas Wood and told him that the Planning Board and Zoning Board members are out there and take all the arrows and he wanted to be sure both Boards had the backing of the Supervisor and Town Board.  He said Supervisor Thomas Wood assured him that he and the Board back all of them. 

 

Clifford Hanehan stated Ian Murray has done more for this town than anyone he knows.  The Board agreed with him.  A motion was made by Clifford Hanehan, seconded by Clarence Fosdick, to give full support of this Board to Ian Murray.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.

Carried  7- 0

 

A motion was made by Nicholas Schwartz, seconded by Christopher Benn, to adjourn the

meeting at 7:41 p.m.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.  Carried  7- 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held November 26, 2018.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~