TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

October 26, 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 – absent, Thomas Carringi – present, Christopher Benn – present, Steve Mehan - present, Mark Sullivan – present, Mark Solan - present.

 

Also present: Zoning Officer Gil Albert, Attorney William Reynolds, Jim Vianna, Alton Knapp,

Chris Camarata, Michael Wotzak, Steven Gill, Jeff Reardon, Vince Sleasman, Steve Sleasman and Martin Sleasman.   (Sign-in sheet is on file in the Clerk’s office.)

 

Approval of Minutes: A motion was made by Thomas Carringi, seconded by Mark Sullivan, to accept the meeting minutes of September 28, 2020 as written.   Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.

Carried  6 - 0

Approved

 

Public Hearing for Area Variances

 

Stella Cummins #20-06                                 Representative:  James Vianna,  PLS

967 Rt. 29                                                                                    170 Lohnes Rd.

Saratoga Springs, NY 12866                                                     Stillwater, NY 12170

S/B/L 156.-1-3.1 Rural Residential

 

Applicant seeks a 15.03’ width variance and a 15.03’ frontage variance.  Applicant appeared before the Planning Board in September for two-lot subdivision but due to lack of required width and frontage, the Planning Board has sent this to the ZBA for required variances.

 

Jim Vianna, PLS, appeared on behalf of the Applicant, reviewed the application and explained that the Applicant had been before the Planning Board last month for a two-lot subdivision.  Due to the need for frontage variances, the Planning Board referred the application to the Zoning Board of Appeals to obtain the variances before going forward with the subdivision, as it makes it cleaner to have that first completed.  The property is in the Rural Residential district, has 6.9+/- acres with two single family residences and they’d like to subdivide to give the new house to the son and his family.  Lot 1, Applicant’s home, will be 5.34+/- acres and Lot 1A, for the son, is to be 1.55+/- acres.  Lot 1, which will become a flag lot, has an existing driveway which will become a shared driveway.  The survey is completed as well.

 

Christopher Benn questioned if the shared use driveway will be deeded.

 

Jim Vianna, PLS, answered yes and a maintenance plan is being drawn up as well.

 

Chairman William Moreau asked if there were any other questions of the Board.

 

Attorney William Reynolds stated Jim Vianna referred to this as a flag lot and it is one.  He then referred to Section 400-8.13 and questioned why it is in front of the ZBA, why the Planning Board sent it to zoning. 

 

Jim Vianna, PLS, replied that Planning felt getting the variances needed prior to subdividing is the cleaner and clearer way to proceed.

 

Attorney William Reynolds stated that’s a Planning determination.  The 50’ drive exceeds the 30’ requirement; why is Planning sending it here when they can do it themselves?  Planning can determine and act upon this.

 

Christopher Benn responded that either way they have to act on Lot 1A.

 

Jim Vianna, PLS, stated he agreed that Flag Lots are covered in Code, but recommended the variance should be pursued; they can table Lot 1 and proceed with Lot 1A.  He added they’ll go to Planning if ZBA is uncomfortable. 

 

Attorney William Reynolds said it’s in Planning’s jurisdiction, not Zoning’s and Zoning can approve Lot 1A and send Lot 1 back to Planning.

 

Chairman William Moreau stated they can act on parcel 156.-1-3.1 and asked if there were any questions of the Board; there were none.

 

After providing Proof of Notice in the Saratogian on October 16, 2020, Chairman

William Moreau opened the Public Hearing at 7:14 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 7:15 p.m.   He then 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 – Chairman William Moreau said some applications can, some cannot, this cannot.  The Board members agreed.

 

2.  Undesirable change in neighborhood character or detriment to nearby properties – Chairman William Moreau said no, Christopher Benn said it’s keeping within the neighborhood and the Board members agreed.

 

3.  Whether request is substantial – Christopher Benn, Mark Sullivan and Steve Mehan said no; Board members agreed.

 

4.  Whether request will have adverse physical or environmental effects –Steve Mehan said no, Christopher Benn, Mark Sullivan, Chairman William Moreau, Mark Solan said no as well.

 

5.  Whether alleged difficulty is self-created (relevant but not determinative) – Christopher Benn said no and Chairman William Moreau stated they’re working with the frontage there and the Board members agreed.

 

The Board found in favor of the Applicant for Lot 1A..

 

 

A motion was made by Christopher Benn, seconded by Steve Mehan, to grant the

variance for Lot 1A as applied for and presented.  Chairman William Moreau – aye, Clifford Hanehan - absent, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan – aye, Mark Solan - aye.

Carried  6 - 0

Granted

 

 

Christopher L. Camarata

6113 Veeder Rd.

Slingerlands, NY 12159

S/B/L 193.5-1-30 Lake Residential

Location:  106 Franklin Beach Rd.

 

Applicant seeks a 4.0’ two-sides setback and 4.0’ side setback variances in order to construct a new house.  This property has been vacant since 2014.

 

Mike Wotzak appeared on behalf of the Applicant stating the Applicant has a 25’ x 120’ parcel, with neighboring structures on either side, almost on the lot-line and at one time there was a residence on the parcel.  The Applicant would like to build a single residence of 900 sq. ft. and is seeking a 1’ setback as it’s too difficult to build if having to keep the 5’ setback.  That would

allow a 14’ wide home which, in his opinion, is uninhabitable.  Entrance would be the south side and the rear setback is greater than required; the front setback is right on the lot-line.

 

Chairman William Moreau stated the Town has a 40’ setback from the road front.  The Applicant’s drawing shows it at 25’, which doesn’t coincide with the information on his application.  The application says no setback is required, but you need 15’ on frontage.  Our rear setback is 30’, but the application shows 44’.  The Applicant can slide the footprint back which would take away needing a front setback variance.  He also stated he drove out there a couple of times and all the existing buildings are set back 16’ or more from the front setback.  Snow shed would be all on the neighboring properties with that 1’ setback; it’s too tight.  Chairman William Moreau then asked if there were any Board questions or concerns.

 

Steve Mehan agreed with the Chairman that it is too tight there.

 

Zoning Officer/Building Inspector Gil Albert noted there are more extreme variances needed than what is on the application.  Two sides setback needs 24’, one side is 9’ and frontage is 15’.  Three sizeable variances and keep in mind that setbacks are from the drip line, not foundation.

 

Christopher Benn noted that on the application it shows, on the north side, only a 5’ setback.

 

Chairman William Moreau asked if the Town Attorney had any comments.

 

Town Attorney William Reynolds replied he doesn’t have legal issues and the Board has identified the errors.  He added the survey shows concrete remains and questioned its history.

 

Mike Wotzak replied he didn’t know and they are not putting it on the old foundation, but it’s precedent so there’s no issue with building there.

 

Chairman William Moreau replied no, that’s incorrect.  If there was a building there it would set precedence, but once the structure is gone, it’s gone.  This is a different scenario, so you have to resort back to current zoning regulations.

 

Zoning Officer/Building Inspector Gil Albert added the one entire side has to meet 1hour fire rating, can have no windows, etcetera.  It’s too narrow even to access for repairs, snow removal and snow load will be huge issues.  He stated he would not recommend this.

 

Chairman William Moreau asked if there were any further comments from the Board at this time; there were none.  Chairman William Moreau stated the Board has received three letters from concerned neighbors and each Board member has read them.

 

After providing Proof of Notice in the Saratogian on October 16, 2020, Chairman

William Moreau opened the Public Hearing at 7:30 p.m. asking those wishing to speak, to please stand and state their name and address:

 

Mr. Jeff Reardon, 104 Franklin Beach Rd., stated he owns the property next door to this and their home is 17’ back from the road.  His comments are no reflection on the Applicant but there was a previous structure on the property and he believes it was built without a permit from the Town and the Town had the structure removed approximately 20 years ago.  The application has

provided incorrect information.  According to Town regulations the Applicant needs 30’ for the total of two sides setback.  The application indicates the requirement is 10’ and asks for a 4’

variance, however, it would appear he’d need a 24’ variance.  The minimum lot width is 50’; is a variance required for a lot less than that?  He said they followed the rules when building and that lot is too small.  He has concerns with the size of the house with only 6’ between the lots and has serious concerns that the builders will be trespassing on their property with heavy machinery during construction.  He believes this should be tabled until the application is resubmitted with correct information on it.  He thanked the Board for listening.

 

Mr. Vincent Sleasman, 108 Franklin Beach Rd., stated he is a neighbor and there are many

errors in the application.  Lot width is to be a minimum of 50’, frontage is to be 40’, two sides 30’ with a 25’ rear setback.  The application is showing only 1’ from his property line, virtually eliminating the setback and its purpose.  He has serious concerns and feels this application should be tabled, with a new and correctly completed application given to the Board.  He thanked the Board.

 

Chairman William Moreau stated this is a pre-existing, nonconforming lot, established in 1920’s or whenever Franklin Beach Rd. was subdivided.  The Board’s duty is to try to minimize the

impacts of any future building on that or any other existing lot.  Moving forward, if this was a new development, we would never consider a 25’ lot in our zoning regulations. 

 

Mike Wotzak stated he understands the lot line errors on the application.  They’ll be respectful of all the neighbors and are open to the Board’s concerns.

 

Chairman William Moreau asked if there were any further comments; seeing none, Chairman William Moreau closed the Public Hearing at 7:43 p.m.   He then stated the submitted application is extremely confusing as it is not filled out correctly.  Before going through the Balancing Test, the Applicant has heard all the comments of the Board and he thinks this should be tabled until the application is properly completed and resubmitted.  At that time, they can proceed with the Balancing Test and go forward.

 

 

Attorney William Reynolds stated the Board should have him resubmit with accurate

information as well as taking into account the Board’s concerns.

 

Zoning Officer/Building Inspector Gil Albert agreed, adding such as moving it back so no front setback variance is needed.

 

Chairman William Moreau suggested the Applicant table the application, resubmit an application with accurate information, taking into account the discussion of the front setback of 40’, maybe reduce the size of the deck and ask for a variance on the backside, bring the side yard setback in, the 1’ is impossible; those are the Board’s concerns.  The current application information handed to us is incomplete; resubmit and the Board can assess from there.

 

Mike Wotzak pulled the application.

 

 

Vincent J. Laurenzo, Sr. #20-08                  Representative: Site Manager

22 Palmer Heights                                                                    

Saratoga Springs, NY 12866                                                   

S/B/L 206.9-1-21 Lake Residential

 

Applicant seeks a 24.5’ back setback variance, 14’ two-sides setback variance and a 7’ side setback variance in order to construct two carports, along with a deck above.

 

Tony, Site Manager for the Applicant, appeared before the Board, stating this rental property has a duplex and they seek variances in order to construct two carports for the tenants.  The lot is tight, but they’d like to build the carports for the safety of their occupants in the winter and lack of a covered parking area has impacted the rental rates.  They are requesting the minimum

variances needed to achieve their desired result and this will not impact the character of the neighborhood.  They’d like to attach the carports to the house and over the blacktop of the driveways. 

 

Christopher Benn questioned the percentage of coverage on the lot.

 

Applicant’s Site Manager stated less than 30%.

 

Zoning Officer/Building Inspector Gil Albert noted that was built when we were at 10% coverage, a lot less than our current zoning codes.

 

Chairman William Moreau questioned that they want the carport over the blacktop and was told yes.  He then said you show 2’ off that on the application. 

 

Applicant’s Site Manager responded they can shrink it a bit, but you have to have room to pull in to park.  The carport going up on the Palmers Height’s side of the driveway, will have a deck above it with railings and stairs going to it. 

 

Zoning Officer/Gil Albert said that’s close to the property line and snow shed will be an issue as it’ll dump the snow onto the neighbor’s property.  Pull it back away from the property line in the rear.

 

Applicant’s Site Manager responded 3’ will be tough; move that back setback?

 

Zoning Officer/Building Inspector Gill Albert replied yes.

 

Applicant’s Site Manager questioned if they go back another foot will it work?

 

Chairman William Moreau replied the Board can’t have impacts to the neighbors.

 

Applicant’s Site Manager responded they are open to moving it around.  There is no room for a garage, so they’d really like to give the tenants a carport.

 

Christopher Benn and Chairman William Moreau said to pull off the property line by 3’ and pitch lateral roof to the south and it will help.

 

Applicant’s Site Manager responded they’re willing to have their architect change the plan.

 

Zoning Officer/Building Inspector Gil Albert told them to bring it to the edge of existing

pavement at 12.6’ and it’d work.

 

Chairman William Moreau and the Board continued to discuss ways in which the Applicant

can make this work. 

 

Attorney William Reynolds suggested the Applicant redraw, taking into account the Board’s comments.

 

Applicant’s Site Manager thanked the Board and will return.

 

Old Business:  Board members questioned if the River Rd. gazebo has been moved yet.  Zoning Officer/Building Inspector Gil Albert stated no and he sent them yet another letter to remedy last week telling them to move it.

 

New Business: Board members received the schedule of dates from Attorney Schachner’s office concerning the Article 78.

 

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

meeting at 8:06 p.m.  Chairman William Moreau – aye, Clifford Hanehan - absent,

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

Carried  6 - 0

Meeting Adjourned

 

The next Zoning Board of Appeals meeting will be held November 16, 2020.   

 

Respectfully submitted,

 

 

 

Linda McCabe

ZBA Clerk

 

 

 

 

~Meeting dates are subject to change~