JANUARY 26, 2004

7:30 PM



Chairman Steven Bodnar called the meeting to order at 7:30 p.m. and explained the

Rules of the Board. 


Roll Call: Clerk Ruth Drumm called the roll.  Chairman Steven Bodnar – present, Thomas Carringi – absent, Barbara Faraone – present, Clifford Hanehan – present, William Shutz – absent, Joyce Waldinger – present, David Hall – present, and Alternate James Burke – absent


Also present: David Rich, Builder, Stephen Mastaitis, and Vicki J. Bachmann, Esq., for Muriel Clark-Massiah


Approval of Minutes: All board members present had read the minutes of the November 24, 2003 meeting.  A motion was made by Barbara Faraone and seconded by Joyce Waldinger to accept the minutes of November 24, 2003 as written.  Chairman Steven Bodnar – aye, Barbara Faraone – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, and David Hall – aye.  Carried 5-0


Order of Business:


Case #03-13 Richard Oliver, 106 Holy Lane (corner of Rt. 9P and County Rd. 71, Cedar Bluff) S/B/L 193.18-1-4

Applicant is seeking an area variance and an interpretation of town zoning law to tear down an existing 24’ x 36’ garage and build a new house 24’ x 68’ in its place.  Located in the Lake Residential District. 


Robert Hathaway, Zoning Officer, informed the board that Richard Oliver would not be attending.  He is no longer seeking the variance and is building on the existing footprint. 


Vicki J. Bachmann, Esq. for Muriel Clark-Massiah, stated she was not aware that Richard Oliver would not be attending and that he had withdrawn his application.  She had noticed that cement had been poured.  Zoning Officer Robert Hathaway stated that a permit had been issued for the slab and that it was within his legal right to build on the existing footprint.  No Action









Page 2 Zoning Board of Appeals Minutes 01/26/2004


Case #04-01 Stephen Mastaitis, 150 Franklin Beach Rd., Saratoga Springs, NY 12866 S/B/L 180.17-1-18

Applicant is seeking an area variance for lack of the minimum lot size and all set backs for construction of a new 2 story home replacing the existing 2 story camp.  Located in the Lake Residential District. 


Proof of notice having been furnished a Public Hearing was held.  Noone came forward for or against this case.


Stephen Mastaitis submitted drawings of his proposed new 2-story home to the board.  He stated that the proposed new home is only exceeding the current footprint of the camp towards the right-of–way by 15 feet, with approximately 20 feet remaining to the right-of –way. This extension is due to the garage.  He stated that this is more than many of the homes being constructed around the Lake now have. Chairman Steve Bodnar remarked that the concerns are lack of road frontage, minimum lot size and the required setbacks. Steve Mastaitis reported that he sent out letters to all his neighbors without much response since they are not in the area in the wintertime.  He did talk with neighbors Dave James and Dr. Hogan who had no objections.  Louis Bleil, a neighbor four doors down, replied in writing and had no objection. This letter was presented to the board.  

Steve Bodnar questioned the square footage of the new building.  David Rich, the builder, replied that it is a tapered lot so the house tapers with the lot.  It comes to about 1500 sq. ft. on the first floor including the porch and garage.  Stephen Mastaitis noted that the lot is about 300 sq. ft. bigger now because of the retaining wall that was installed.  David Rich presented the board with pictures of other homes on Franklin Beach Road and commented that this home has more space than other existing homes and is further off the road than other homes on the road.  The proposed home of 1,500 sq. ft. is 28.8% lot coverage. Stephen Mastaitis noted that the second story would also be over the garage.

Clifford Hanehan questioned if the height of the building would be the same as the existing structure? David Rich replied that it would be six feet higher due to the building having to meet the Floodplain requirements.  He also added that no views would be blocked.


Barbara Faraone introduced a motion to approve the variance request as submitted allowing a 1,500 sq. ft., two–story structure to be constructed on basically the same footprint that is currently there.  The lot coverage is at 28.8% and is not to exceed 29%.  This allows for larger sidelines and for a garage to be built approximately 15 feet closer to the Franklin Beach right-of-way.  Barbara Faraone stated that it would enhance the neighborhood and it has better setbacks than currently exist with no significant change as to what is allowed there.  She also liked the fact that there is room for the parking of cars.  Clifford Hanehan seconded this motion. Chairman Steven Bodnar – aye, Barbara Faraone – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, and David Hall – aye.

 Carried 5-0 GRANTED.





Page 3 Zoning Board of Appeals Minutes 01/26/2004



New Business:


Chairman Steve Bodnar discussed the memo received from Supervisor Thomas Wood requesting recommendations for zoning law changes from the board.  He encouraged the board members to gather and forward their suggestions.  


Chairman Steve Bodnar welcomed new board member Dave Hall and new clerk Ruth Drumm.  Barbara Faraone congratulated Steve Bodnar on becoming the new Chairman of the Board.


The next meeting will be Monday, February 23, 2004 at 7:30 p.m.


A motion to adjourn was made at 8:50 p.m. by Dave Hall and seconded by Joyce Waldinger.   Chairman Steven Bodnar – aye, Barbara Faraone – aye, Clifford Hanehan – aye, Joyce Waldinger – aye, and David Hall – aye.  Carried 5-0




Respectfully submitted,



Ruth L. Drumm




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