TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

September 28, 2020

 

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, Christopher Benn – present, Steve Mehan - present, Mark Sullivan – present, Mark Solan - present.

 

Also present: Zoning Officer Gil Albert, Attorney William Reynolds, Matthew Huntington, Michael Phillips and Terri Korb.   (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Christopher Benn, seconded by Steve Mehan, to accept the meeting minutes of August 24, 2020 as written.   Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.

Carried  7 - 0

Approved

 

Public Hearing for Area Variance

 

Michael Phillips #20-06

1316 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 193.10-1-19 Lake Residential

 

Applicant seeks a two-sides setback variance of 20’ and a side setback variance of 6’, as his foundation was incorrectly and accidentally placed based upon old regulations; setbacks are now based upon roof drip-lines, not foundation.

 

Applicant Michael Phillips appeared before the Board and reviewed his application, stating this is a follow-up to his previously granted variance.  This is 6 inches off from the originally granted variance and on the corner of Fitch Rd. 

 

Zoning Officer/Building Inspector Gil Albert stated it’s a foot off.  Setbacks are measured from drip line and they measured from the foundation.  The Town changed that point of measure 2 – 3 years ago.

 

Applicant Michael Phillips stated he takes full responsibility; it was miscommunication between himself and his surveyor and engineer.  He is here to remedy this by asking for another variance. 

 

Chairman William Moreau asked if the house increased in size. 

 

Zoning Officer/Building Inspector Gil Albert responded no.  The foundation is within the

 required setback, it’s the overhang.  The problem is only that one corner point and he does not believe this was intentional.

 

 M Chairman William Moreau asked if there were any Board questions.

 

Steve Mehan asked if there was any other way to remedy this and Clifford Hanehan responded aside from moving the house or the road, no.

 

Chairman William Moreau questioned if the drainage issues on the corner have been corrected.

 

Zoning Officer/Building Inspector Gil Albert responded the Applicant’s taken care of that and there are signed, stamped engineered drawings as well. 

 

After providing Proof of Notice in the Saratogian on September 18, 2020, Chairman

William Moreau opened the Public Hearing at 7:08 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 7:09 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 for Area Variance line by line with the Board, to balance benefit to the Applicant with detriment to health, safety & welfare of the community:

 

1.  Whether benefit can be achieved by other means feasible to applicant – Clifford Hanehan stated with the house and the road no, Chairman William Moreau agreed as did all the Board members; they replied no.

 

2.  Undesirable change in neighborhood character or detriment to nearby properties – Thomas Carringi said no, Mark Sullivan, Mark Solan, Clifford Hanehan said no, Chairman William Moreau said no, main impact is on Fitch Rd. not adjoining resident, but not a detriment and all Board members agreed and replied no detriment to the question.

 

3.  Whether request is substantial – Clifford Hanehan stated the addition is not substantial, Chairman William Moreau said no, Christopher Benn said no and Board members agreed.

 

4.  Whether request will have adverse physical or environmental effects –Clifford Hanehan added with the drainage being over engineered at a factor of 5, no.  Chairman William Moreau added at the corner, right, and it’s a foot closer to Fitch Rd. but even with snow and ice he doesn’t think it’s much of a detriment, so no adverse effects and Board members agreed.  Zoning Officer /Building Inspector Gil Albert stated it’s 100% better now.

 

5.  Whether alleged difficulty is self-created (relevant but not determinative) – All Board members replied yes; the Applicant stated earlier it was his error.

 

The Board found in favor of the Applicant.

 

A motion was made by Clifford Hanehan, seconded by Thomas Carringi, to grant the

variance as presented in order to adjust the position of the house.  Chairman William

Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.

Carried  7 - 0

Granted

 

Returning Area Variance

 

Paula Keller #20-05                                                   Representative: Matthew Huntington

55 Railroad Pl.

Saratoga Springs, NY 12866

S/B/L 156.-3-42.3 Rural District

Location: 168 Burgoyne Rd.

 

Last month a public hearing was held for this application and the Board recommended the

Applicant do a lot-line adjustment to forego the requested side variances.  To review, the returning Applicant seeks to construct a 34’ x 25’ three-car garage, an 1100+/- square ft. second story addition, as well as a walk-out basement, to her existing non-conforming residence.  The total addition is approximately 2900+/- square ft.  The Applicant seeks a front set back variance of 33.11’ to complete this project. 

 

Matthew Huntington, Studio A, appeared on behalf of the Applicant, reviewed the Applicant’s property lines with the Board and how they’d like to adjust those lines.  He said in doing so, they create another non-conforming area where the barn is.

 

Zoning Officer/Building Inspector Gil Albert stated the barn and its setbacks are pre-existing so that’s fine as long as you don’t do anything there; the Board agreed.  He then questioned why the Applicant is leaving that 16’ sliver of land, to the left, adding the Applicant will have to explain that to the Planning Board.

 

Clifford Hanehan questioned what that sliver of land is used for.

 

Matthew Huntington didn’t know aside from it is existing and about 20’ wide.   

 

Chairman William Moreau clarified with the easterly line, that’s not being touched and you’re doing the addition of the house and garage to the existing structure.

 

Matthew Huntington replied correct.

 

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

 

After providing Proof of Notice in the Saratogian on September 18, 2020, Chairman

William Moreau opened the Public Hearing at 7:17 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 7:18 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 for Area Variance line by line with the Board, to balance benefit to the Applicant with detriment to health, safety & welfare of the community:

 

1.  Whether benefit can be achieved by other means feasible to applicant – Clifford Hanehan

 

 

responded no, not without moving the house.  Chairman William Moreau stated correct, and they adjusted the one lot-line to make it comply, which makes it a better resolution and the Board  members agreed.

 

2.  Undesirable change in neighborhood character or detriment to nearby properties – Clifford Hanehan, Christopher Benn and Board members replied no, and it is an improvement.  Chairman William Moreau added the next door neighbor is equally as close to the road as this.

 

3.  Whether request is substantial – Board members Mark Sullivan, Mark Solan, Thomas Carringi replied no, Chris Benn said it’s an existing lot, Chairman William Moreau agreed and added you can’t move the house.

 

4.  Whether request will have adverse physical or environmental effects – Chris Benn said no, Chairman William Moreau agreed, adding there’s plenty of space to do that, Clifford Hanehan said large lot, existing house/structure, doesn’t see any detriment, Chairman William Moreau added there’s plenty of space between the existing well and both septic systems, all Board members agreed it’s a large lot, existing house, no detriment and distances are fine.

 

5.  Whether alleged difficulty is self-created (relevant but not determinative) – Mark Sullivan stated no it’s pre-existing, Chairman William Moreau agreed that it’s pre-existing house and the road is where it is.  All Board members agreed.

 

The Board found in favor of the Applicant.

 

Chairman William Moreau asked for comments from Town Attorney William Reynolds and Zoning Officer/Building Inspector Gil Albert. 

 

Town Attorney William Reynolds reminded Matthew Huntington that the Applicant has to go before the Planning Board.

 

Zoning Officer/Building Inspector Gil Albert stated he is fine with this.

 

A motion was made by Mark Sullivan, seconded by Mark Solan, to grant the variance as presented.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.

Carried  7 - 0

Granted

 

Old Business:  Town Attorney William Reynolds told the Board the ZBA has been served with a second Article 78 by Mr. Vale, challenging the variance granted concerning the Van Horn property at last month’s meeting.  This will be the second court action concerning this application. 

Clifford Hanehan questioned what the Article 78 is based on. 

Town Attorney William Reynolds replied he believes it’s based on merits of the application; this will be restating prior arguments and hopefully based upon merits by the Judge. 

Clifford Hanehan questioned, in Town Attorney William Reynolds’ opinion, if the Judge did not get to the merits because he felt the Board didn’t clarify enough. 

Town Attorney William Reynolds replied that’s correct that he didn’t get to the merits, but you can’t read anything into the court’s decision one way or the other about the merits of the application, because it was really a procedural decision. 

 

 

 

 

Clifford Hanehan responded the Judge sent it back before he got to the merits? 

Town Attorney William Reynolds responded correct.  

 

New Business:

 

A motion was made by Clifford Hanehan, seconded by Steve Mehan, to adjourn the

meeting at 7:30 p.m.  Chairman William Moreau – aye, Clifford Hanehan - aye, Thomas

Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.  Carried  7 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held October 26, 2020.  

 

Respectfully submitted,

 

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

~Meeting dates are subject to change~