TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
April 27, 2009
Chairman Stephen Bodnar called the meeting to order at 7:00 p.m. and led the flag salute.
Chairman Stephen Bodnar explained the Rules of the Board.
Zoning Clerk Linda McCabe called the roll: Chairman Stephen Bodnar – present, Clifford Hanehan – absent, Thomas Carringi – absent (came in at 7:30 pm), Barbara Faraone – absent (came in at 7:07 pm), Bill Moreau – present, James Burke – absent, Clarence Fosdick – present, and Alternate John Deyoe – present.
Also present: Zoning Officer Gil Albert, Attorney William Reynolds and Ross Pusatere. (Sign-in sheet is on file in the Clerk’s office)
Chairman Stephen Bodnar stated since there is not a full board present, Alternate John Deyoe will be elevated to full voting status tonight.
Approval of Minutes: A motion was made by Clarence Fosdick and seconded by Bill Moreau, to accept the minutes of the January 26, 2009 meeting as written. Chairman Stephen Bodnar–aye, James Burke– absent, Barbara Faraone–absent, Thomas Carringi-absent, Clifford Hanehan-absent, William Moreau-aye, Clarence Fosdick-aye, John Deyoe-aye. Carried 4 – 0
Order of Business:
Ross Pusatere #09-02
1294 Rt. 9P
Saratoga Springs, NY 12866
S/B/L 193.10-1-52 Lake Residential
Applicant proposes to construct an addition onto his existing deck, making it approximately 10’ x 32’. He is seeking an area variance of 5,500±’, a two-side set back variance of 15’, and a frontage variance of 58’ because he does not meet zoning regulation requirements.
The Applicant appeared before the Board explaining he would like to enlarge the deck on his home. He handed in his neighbor notifications to the Chairman and a copy of the letter he sent, along with some responses he received. The Applicant also handed a photo of his property to each Board member. Chairman Stephen Bodnar read the contents of the letter to the Board and the neighbor responses. The Applicant’s neighbors have no problem with this project. The Applicant stated the deck will not be obtrusive, in fact far less than existing neighboring homes. Chairman Stephen Bodnar stated the Board members went out to the site at the request of Zoning Officer Gil Albert. The Applicant told the Board the deck was original to the house and is falling apart and is in dire need of repair. The Applicant was asked the age of the house and he responded at least 35 years.
This a two family house and the Applicant lives in the 2 bedroom, second floor apartment. The deck would be for the second floor apartment and would give him some needed extra room. The Applicant said he rents the first floor apartment and he also rents the other house on his property. Zoning Officer Gil Albert asked if the original trailer was on the property when he purchased it and the Applicant responded yes and it had an addition on it. The Applicant then said he removed that trailer and replaced it with a double wide home. Zoning Officer Gil Albert questioned if it was a multi-family property when purchased. The Applicant said yes. Chairman Stephen Bodnar questioned the condition of the existing deck and the Applicant said it has rotted out and needs to be replaced. He would like to extend the size if possible. He added that surrounding neighbors have larger decks than he is proposing. He is looking to clean up his property of the clutter and get rid of the fence. He replaced the roof on the house last year, and is removing the tree out front and cleaning up the trash area. Board member Bill Moreau stated there is a lot on that property, but looking around, the surrounding area is worse.
After a lengthy discussion between the Applicant and the Board, Chairman Stephen Bodnar read the Board’s Purpose from the regulations. Chairman Stephen Bodnar then stated, in his mind, the lot is being used reasonably according to the regulations. He asked the Zoning Officer’s opinion and Zoning Officer Gil Albert stated he feels this is minimal; yes the Applicant is pushing lot coverage limits, but since everything else is already existing, the Applicant is only looking for a 5% lot coverage variance, so he sees nothing wrong with granting this proposal.
Chairman Stephen Bodnar asked if there were any other questions from the Board at this time; there were none.
After providing Proof of Notice in the Saratogian on April 17, 2009, Chairman Stephen Bodnar opened the Public Hearing at 7:28 PM.
Board member Barbara Faraone questioned if the ground patio beneath the deck is for the renter and was told yes. The Applicant also stated the deck will not extend out as far as the patio. The deck will be wide, but not deep; total size will be 10’ deep by 12’ wide.
Chairman Stephen Bodnar asked if there were any more questions; finding none Chairman Stephen Bodnar closed the Public Hearing at 7:38 PM.
Clarence Fosdick made a motion, seconded by John Deyoe to approve this application as presented and to grant the area variances as applied for because it is keeping within character and essentially does not affect the surrounding area. Chairman Stephen Bodnar–aye, James Burke– absent, Barbara Faraone–aye, Thomas Carringi-aye, Clifford Hanehan-absent, William Moreau-aye, Clarence Fosdick-aye, Alternate John Deyoe-aye. Carried 6-0 Approved
New Business: Chairman Stephen Bodnar stated he will not be at our May meeting due to his Fire Commissioner’s meeting being held the same date and time; he also said Board member James Burke will not be at the May meeting and if Board member Clifford Hanehan isn’t there then Board member Barbara Faraone is to be Temporary Chair.
Next meeting will be held May 18, 2009 at 7 p.m.
Chairman Stephen Bodnar made a motion, seconded by Barbara Faraone, to adjourn the meeting at 8:15 p.m. Chairman Stephen Bodnar–aye, James Burke– absent, Barbara Faraone– aye, Thomas Carringi-aye, Clifford Hanehan-absent, William Moreau-aye, Clarence Fosdick-aye, Alternate John Deyoe-aye. Carried 6– 0