TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

October 23, 2017

 

 

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: Town Attorney William Reynolds, Zoning Officer Gil Albert, Jane Mastaitis and Walter Hayes. (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 August 28, 2017.   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 Hearings for Area Variance

 

Jane and Steve Mastaitis #17-14                  Representative:  George Olsen, Olsen Architects

150 Franklin Beach Rd.                                                             36 Long Alley 202

Saratoga Springs, NY 12866                                                      Saratoga Springs, NY 12866

S/B/L 193.5-1-2 Lake Residential

Location:  148 Franklin Beach Rd.

 

Returning Applicants seek a 20.72' front setback, 2.86' one side setback, 10' side setback (total two sides setback of 12.86') and 11.59' rear setback variances to construct a new house.  They also seek a 32.56' front setback variance to construct a new garage.

 

Applicant Jane Mastaitis appeared before the Board and reviewed her application.  She stated she lives at 150 Franklin Beach Rd. and the property before the Board is located at 148 Franklin Beach Rd.  She said that property received a lot of flood damage in 2011; 300 gallons of water was removed from the crawl space and they found severe damage was done to the foundation and structure of the home.  After looking into refurbishing the home, they found it would be more cost effective to rebuild it.  They are before the Board asking for area variances on the house and garage.  The property is split by the road; the house is on one side of the road and garage on the other.  Although this is a non-conforming lot, their project will enhance the surrounding neighborhood as have the other homes that have been renovated or rebuilt there.

 

Clifford Hanehan questioned if this is to be two stories.

 

Applicant Jane Mastaitis replied yes.

Zoning Officer/Building Inspector Gil Albert questioned the size of the deck on the garage.

 

Applicant Jane Mastaitis responded it has been removed, as they want the garage to match the house in appearance.

 

Clifford Hanehan questioned how this has changed since they were before the Board a couple of months ago.

 

Applicant Jane Mastaitis replied they have removed the apartment above the garage; they only want storage space there, as they have no basement and need storage area.

 

Zoning Officer/Building Inspector Gil Albert stated coverage is lower than previously asked for and the lot width and frontage is existing, so it doesn't play into this.  The Board agreed.

 

Clifford Hanehan stated total combined coverage is 34.5% instead of 36% and Zoning Officer/Building Inspector Gil Albert replied yes.

 

Chairman William Moreau asked if there were any further questions of the Board; there were none.

 

After providing Proof of Notice in the Saratogian on October 13, 2017, Chairman William

Moreau opened the Public Hearing at 7: 12 p.m. asking those wishing to speak, to please stand and state their name and address.  Seeing as no one spoke, Chairman William Moreau closed the Public Hearing at 7:13 p.m.

 

Chairman William Moreau then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

 

Chairman William Moreau then went through the balancing test, line by line, with the Board.  The Board found in favor of the Applicant.

 

Chairman William Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert. 

 

Zoning Officer/Building Inspector Gil Albert stated this is an improvement and he is fine with it.

 

Chairman William Moreau asked the opinion of Town Attorney William Reynolds.

 

Town Attorney William Reynolds stated he had no opinion.

 

Chairman William Moreau asked if there were any further questions or concerns of the Board; there were none. 

 

A motion was made by Clifford Hanehan, seconded by Thomas Carringi, to grant the variances as requested with no living quarters above the garage.  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

Granted

 

Walter and Tracy Hayes #17-15

256 Burgoyne Rd.

Schuylerville, NY 12871

S/B/L 169.-1-66 Rural

 

Applicants seek a 25' two sides setback variance and a 4' side setback variance in order to build an addition onto their existing home.

 

Applicant Walter Hayes appeared before the Board and reviewed his application.  He stated

his father-in-law's home is 576 square feet (24' x 24') and he proposes to build an addition onto it.  The addition is to be 720 square feet and he and his wife will occupy that portion of the home.  It will be connected by a 12' x 12' breezeway.  The home, when completed, will contain one kitchen, 2 bedrooms and 2 bathrooms and is on 1.4 acres.  He seeks side setback variances in order to do the addition.

 

Zoning Officer/Building Inspector Gil Albert questioned the size of the septic.

 

Applicant Walter Hayes stated it was new in 2002/2003 when they built the house for his father-in-law.  He does not know the size; Gil Albert said he'll check the old file.  The Applicant stated if need be, he can alter the septic.

 

Chairman William Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert.

 

Zoning Officer/Building Inspector Gil Albert stated he's fine with this.  The lot is narrow; he can't go further back due to the septic and can't go forward.  25' overall is not bad and it's the best that can be done on that parcel.

 

Chairman William Moreau then asked for the Town Attorney's opinion.

 

Town Attorney William Reynolds stated he had no comment.

 

After providing Proof of Notice in the Saratogian on October 13, 2017, Chairman William

Moreau 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 William Moreau closed the Public Hearing at 7:21 p.m.

 

Chairman William Moreau asked if there were any further questions of the Board; there were none.

 

Chairman William Moreau 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 Christopher Benn, to approve the 25' two-sides variance and the 4' side setback variance as requested.  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

Granted

 

Old Business: None

 

New Business: Clifford Hanehan questioned what was going on with the Rt. 29 subdivision.  Zoning Officer/Building Inspector Gil Albert stated the road is going in and he believes Caruso Builders of Schenectady are to be the builders. 

 

A motion was made by Clarence Fosdick, seconded by Nicholas Schwartz, to adjourn the meeting at 7:25 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 27, 2017.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~