TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

September 23, 2019

 

 

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 – absent, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - absent, Steve Mehan - absent, Alternate Mark Sullivan - present.

 

Due to the absence of Thomas Carringi, Nicholas Schwartz and Steve Mehan, Alternate Mark Sullivan was elevated to full voting status.

 

Also present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Andy Ellis. (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Mark Sullivan, seconded by Christopher Benn, to accept the meeting minutes of August 26, 2019.   Chairman William Moreau – aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - absent, Christopher Benn - aye, Nicholas Schwartz - absent, Thomas Carringi - absent, Mark Sullivan - aye.

Carried  5 - 0

Approved

 

Public Hearings for Area Variance

 

Andy Ellis #19-07                 

201 River Rd.                       

Schuylerville, NY 12871

S/B/L  209.13-1-15  Conservancy

 

Applicant would like to add a front porch onto his existing house and seeks a 5% lot coverage variance and a 54.1' front setback variance to do so.

 

Applicant Andy Ellis appeared before the Board and reviewed his application, explaining that three sides of his foundation are made of concrete and the front side was framed.  He is seeking the variances to eliminate sill plate rot and to move water away from the foundation.  His gutters take most of the water, but there is a lot of splash from the second story and he needs to remedy that problem. 

 

Clifford Hanehan questioned if it is surface water coming in or water coming from off the house.

 

Applicant Andy Ellis replied coming from the house.  He added he has a basement walkout and the front of the house was framed and water that comes down off the house has rotted it.

 

Zoning Officer Gil Albert questioned, as it is a walk-out, will the Applicant be building the deck on the ground.

 

Applicant Andy Ellis replied with 12" of airflow beneath it.

 

Clifford Hanehan questioned the size of 48' x 8' and if it will have a roof; if so it's a porch and not a deck.

 

Applicant Andy Ellis responded yes, to all of those questions.

 

Christopher Benn questioned if the porch is going out to the retaining wall.

 

Applicant Andy Ellis responded no, the retaining wall is 20' away from the house.

 

Chairman William Moreau asked if there were further comments or questions from the Board; there were none.  Chairman William Moreau asked for the opinion of the Zoning Officer.

 

Zoning Officer Gil Albert stated he sees no issues with this request.

 

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

 

Town Attorney William Reynolds said he is concerned about snow plowing, as it is getting close to the Town's right-of-way.  He then questioned Christopher Benn (Town highway department employee) if the porch will be far enough away as to not impede the highway department plowing that section of the road.

 

Christopher Benn replied it will not impede that at all.

 

After providing Proof of Notice in the Saratogian on September 13, 2019, Chairman William Moreau opened the Public Hearing at 7:10 p.m. asking those wishing to speak, to please stand and state their name and address.  Seeing as no one wished to speak, Chairman William Moreau closed the Public Hearing at 7:11 p.m.

 

Chairman William Moreau asked if there were any further Board comments or concern; there were none. 

 

Chairman William Moreau 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 Clifford Hanehan, to approve the variances as presented.  Chairman William Moreau – aye,  Clarence Fosdick - aye, Steve Mehan - absent, Christopher Benn - aye, Nicholas Schwartz - absent, Clifford Hanehan - aye, Thomas Carringi - absent, Mark Sullivan - aye. 

Carried  5 - 0

Approved

 

Old Business: Zoning Officer Gil Albert and the Board discussed the issue of the River Rd. property owner's gazebo being in the Town's right-of-way and what is being done to remedy that situation.

 

New Business:

 

A motion was made by Christopher Benn, seconded by Mark Sullivan, to adjourn the

meeting at 7:20 p.m.  Chairman William Moreau – aye,  Clarence Fosdick - aye, Steve Mehan - absent, Christopher Benn - aye, Nicholas Schwartz - absent, Clifford Hanehan - aye, Thomas Carringi - absent, Mark Sullivan - aye. 

Carried  5 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held October 28, 2019.  

 

Respectfully submitted,

 

 

Linda McCabe

ZBA Clerk                             

                                   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~ Meeting dates are subject to change ~