DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
February 26,
2007
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:30 p.m. and led the flag
salute.
Chairman
Stephen Bodnar explained the Rules of the
Board.�
Zoning
Clerk Catherine Cicero called the roll: Chairman Stephen Bodnar � present,
Clifford Hanehan � present, Thomas Carringi � present, Barbara Faraone �
absent, Joyce Waldinger � present, Bill Moreau � present, James Burke �
present, and Alternate Clarence Fosdick � present. �
Also
present: Town Zoning Officer Robert Hathaway, Town Supervisor Tom Wood,� and Town Attorney William Reynolds.
Due
to the absence of Barbara Faraone, Chairman Stephen Bodnar recognized Alternate
Clarence Fosdick as eligible to vote.
Approval
of Minutes: All board members present had read the minutes of the January 22,
2007 meeting. A motion was made by Joyce
Waldinger, and seconded by Bill Moreau, to accept the minutes of the January
22, 2007 meeting as written.�
Chairman Stephen Bodnar � aye, Clifford Hanehan � aye, Bill Moreau �
aye, Thomas Carringi � aye, Joyce Waldinger � aye, James Burke � aye, and
Clarence Fosdick � aye.
Carried 7 � 0�
Order of Business:
AREA VARIANCE
Karen Gage
Ellsworth, Applicant ������ ����������� ����������� #07-02
110 Garnsey Lane
Schuylerville,
NY� 12871
S/B/L 183.-1-4
& 58.32 Conservancy
Ken and Karen Ellsworth appeared before the Board stating that they intend to combine two lots, which are currently on separate deeds, to create a 2.56 acre lot with 30� of road frontage and add a one-story, two-car adjoining garage to the house. They are requesting a variance of 170� for road frontage.
The Applicants explained that the proposed garage will be situated on the north side of the house due to the proximity of the house to the lot line on the south side.� Paul Garnsey, the adjacent neighbor, was advised of the proposed garage and responded by letter that he has no objections.� The letter has been included in the permanent file in this application.
In response to a question from Clifford Hanehan, Mr. Ellsworth explained that the garage walls would be 8� high.� He also explained that they have owned the second lot, with a frontage of 30�, for 5-6 years.
Zoning Officer Robert Hathaway commented that the only variance necessary is for road frontage.
Chairman Stephen Bodnar asked the Board members if they had any further questions; there were none.
�
Proof of notice
having been furnished by newspaper on February 16, 2007, Chairman Stephen
Bodnar opened the Public Hearing at 7:41 p.m. for public comment.� There were no interested parties; the Public
Hearing was closed.
In answer to a question from Chairman Stephen Bodnar, Mrs. Ellsworth said that she didn�t know how long it would take to combine the lots; no paperwork has been filed.
Chairman Stephen Bodnar suggested that the Board make the grant of the variance contingent upon the lots being combined.
Clifford Hanehan made a
motion to grant the variance contingent upon the lots being combined,
commenting that it�s always beneficial for the Town whenever lots are combined
to make a larger lot.� Thomas Carringi
seconded the motion. Chairman Stephen Bodnar � aye, Clifford Hanehan � aye,
Bill Moreau � aye, Thomas Carringi � aye, Joyce Waldinger � aye, James Burke �
aye, and Clarence Fosdick � aye.
Carried 7 � 0�
David & Jill
Harshbarger, Applicants������ ����������� #07-03
383 NYS Route 32
South
Schuylerville,
NY� 12871
S/B/L 182.-1-47
Rural
David Harshbarger appeared before the Board requesting a 15� variance to put an addition on a house with a pre-existing, non-complying setback. The addition will be two-stories, and 22�(or less) x 34� on the north side of the house.� Mr. Harshbarger also intends to put in a patio overlooking the farm.� The existing house is close to the road in front and a drop-off at the rear.� Mr. Harshbarger intends to build into the same hill as the house.
Mr. Harshbarger presented letters from his neighbors, Craig Lebrecht and Rosemary Brunson, which state that they have no objection to the proposal.� The letters have been included in the permanent file in this application.
Chairman Stephen Bodnar stated that the only variance requested is for the front setback, and the proposed addition will actually sit back a little further from the road than the house.�
Zoning Officer Robert Hathaway had no additional comments.
Proof of notice
having been furnished by newspaper on February 16, 2007, Chairman Stephen
Bodnar opened the Public Hearing at 7:51 p.m. for public comment.�
Dan Craine � Mr. Craine asked the Board to clarify the term �pre-existing.�� Chairman Stephen Bodnar explained that the house was built prior to the adoption of the Town�s Zoning Regulations, which require minimum setbacks from the road and property lines.
The Public Hearing
was closed at 7:53p.m.
Chairman Stephen Bodnar asked the Board if there were any further questions; there were none.
Chairman Stephen Bodnar made
a motion, seconded by Joyce Waldinger, to grant the variance because the
addition would not infringe on the road any more than the existing house.� Chairman Stephen Bodnar � aye, Clifford
Hanehan � aye, Bill Moreau � aye, Thomas Carringi � aye, Joyce Waldinger � aye,
James Burke � aye, and Clarence Fosdick � aye.
Carried 7 � 0�
Jane & David
Sheeran, Applicants������ ����������� ����������� #07-04
176 Burke Road
Saratoga Springs, NY� 12866
S/B/L 181-1-26
Rural
Jane and David Sheeran appeared before the Board and presented their proposal to divide their 34.39+/- acre lot into four relatively uniform lots.� They are requesting a variance of 240� for road frontage for lot number 3, which would become a flag lot.
Mrs. Sheeran provided a copy of the letter that she sent to her neighbors by certified mail.� The letter and receipts have been included in the permanent file in this application.
Mrs. Sheeran said that their intention is to maintain the
rural character of the road by configuring lots which keep the houses out of
the view shed from the road.� The
proposal also utilizes common driveways resulting in fewer driveways along the
roadway.� There would be one driveway
off the road, then two individual driveways off of that.� She said that the driveway issue would be
addressed by the Planning Board, but that issue would not affect the Zoning
Board�s determination regarding the flag lot.
Proof of notice
having been furnished by newspaper on February 16, 2007, Chairman Stephen
Bodnar opened the Public Hearing at 8:28 p.m. for public comment.�
Dan Craine�Mr. Craine said that he was interested in finding out the definition of a flag lot.� He said that the Sheerans have over 1100� of total road frontage; therefore, they have enough for two 200� frontages, and two 300� frontages.� He said he doesn�t understand why the Sheerans need to create a flag lot.
Town Attorney William Reynolds read the definition of a flag lot from Town Zoning Regulations, stating that the idea of a flag lot is a fairly recent addition to the regulations.
He advised the Zoning Board members that they did not have to decide on the issue of the flag lot; the only matter before the Board was an application for an area variance of 240� of road frontage for Lot #3.� Mr. Reynolds stated that the Planning Board has the authority to determine whether a flag lot is permissible.
Eugene Frederonko�In response to a question from Chairman Stephen Bodnar, Mr. Frederonko said that he would not be adversely affected by the Sheerans� proposal.
Dan Craine�In response to a question from Chairman Stephen Bodnar, Mr. Craine said that he would not be adversely affected by the Sheerans� proposal.
James Burke�In response to a question from Chairman Stephen Bodnar, Mr. Burke said that he would not be adversely affected by the Sheerans� proposal.
Chairman Stephen Bodnar reported that the County did not provide comments on the proposal because it does not fall within the perimeters of its review.
The Public Hearing
was closed at 8:59 p.m.
Chairman Stephen Bodnar noted that the plan before the Zoning Board of Appeals is not the same plan presented to the Planning Board at its January meeting, which was denied.
Town Attorney William Reynolds advised that it would be premature for the Zoning Board of Appeals to take action on this matter before the Planning Board has had an opportunity to review the revised plans.
Chairman Stephen Bodnar asked the Board if there were any further questions; there were none.
Mrs. Sheeran suggested that the application be tabled until the Planning Board has had an opportunity to take a look at it.
Joyce Waldinger said that she likes the idea of the proposal.� Chairman Stephen Bodnar noted that none of the Sheerans� neighbors objected to the proposal.� Clarence Fosdick and Thomas Carringi said that they support the concept.� Bill Moreau said that he likes the concept, but the Sheerans need to work out the issue of the common driveways.
Clifford Hanehan made a motion to table the request for a variance, seconded by Bill Moreau, and said that he would like to make note that the Zoning Board supports the concept of the proposal.� Mr. Hanehan clarified that if the houses can be situated such that they don�t affect the view shed from the road, and the lots are limited to 4 and use common driveways, the Zoning Board of Appeals is in favor of the proposal. Chairman Stephen Bodnar said that a memo to that effect would be forwarded to the Planning Board.� He added that it is important to the Zoning Board of Appeals that the rural character of the Town is maintained.�
Upon advice from Town
Attorney William Reynolds, the motion was amended by Clifford Hanehan to
reflect that the Zoning Board did not make an opinion on whether Lot # 3
constitutes a flag lot.� Clifford
Hanehan made a motion, seconded by Clarence Fosdick, to amend the original
motion to reflect that no opinion on flag lots has been rendered by the Zoning
Board of Appeals.� Chairman Stephen
Bodnar � aye, Clifford Hanehan � aye, Bill Moreau � aye, Thomas Carringi � aye,
Joyce Waldinger � aye, James Burke � aye, and Clarence Fosdick � aye.
Carried 7 � 0
Information
Michael Cirillo
31 Beacon Road
Glenmont, NY� 12077
S/B/L 206.9-2-7.2,
8, 12.2, 58.2, 64.1 & 64.2 Lake Residential
Zoning Officer Robert Hathaway determined that he did not need to seek advice from the Board regarding the road frontage of this property.
Old Business: There was a brief discussion regarding the new training requirements for board members.
New Business: None
�
The next regular meeting will be March 26, 2007 at 7:30 p.m.
�
Chairman Stephen Bodnar made
a motion to adjourn at 9:13 p.m.� The
motion was seconded by Bill Moreau.� Chairman Stephen Bodnar �
aye, Clifford Hanehan � aye, Bill Moreau � aye, Thomas Carringi � aye, Joyce
Waldinger � aye, James Burke � aye, and Clarence Fosdick � aye.
Carried 7 � 0�
�
Respectfully
submitted,
Catherine
E. Cicero
ZBA Clerk