DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
May 24, 2004
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:40 p.m.��
Chairman
Stephen Bodnar explained the Rules of the
Board.�
Clerk
Ruth Drumm called the roll: Chairman Stephen Bodnar � present, Thomas Carringi
� present, Barbara Faraone � present, Clifford Hanehan � absent, William Schutz
� present, Joyce Waldinger � present, David Hall � present, and Alternate James
Burke � absent
Also
present: Douglas E. Clark, William P. Crossman, Eugene H. Gierka, Dave Carr,
Eleanor Mullaney, Atty., Sandra Dalzell, Edward Charbonneau, Walter Hayes, Ruth
Stone, Ajeo Frizzera, Maureen Guthrie, Sue Dakia, Michelle Hunt, Lorraine
Skibo, Jean and Bob Tarrant, Lisa Schroeder Bevis and John Bevis
Approval
of Minutes: All board members present had read the minutes of the
April
15th and April 26th, 2004 meetings.� A motion was made by Barbara Faraone and
seconded by David Hall to accept the minutes of the April 15th and
April 26th, 2004 meetings as written.� Chairman Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas
Carringi � aye, David Hall � aye, Barbara Faraone � aye, William Schutz � aye,
Clifford Hanehan � absent, Alternate James Burke - absent.� Carried 6-0
Order of Business:
#04-03:� Robert L. & Jean Tarrant, applicants
����������� �� 41 Cliffside
Drive
����������� �� Saratoga
Springs, NY 12866
Conservancy District, S/B/L#
167.-1.-16.
Applicant
is returning seeking an area variance to establish a marina on 1.69 acres fronting
Fish Creek off County Road 68. The required acreage is 3 acres. Robert Tarrant
addressed the board.� He stated that the
6.93 acre parcel is now being divided into just two parcels, one for the rowing
center of 1.69 acres and the remaining 5.24 +/- acres for Edward Charbonneau�s
daughters. A seasonal rowing center is planned for this location with storage
space for rowing shells and removable floating docks parallel to the
shore.� Sixteen gravel parking spaces
are planned with a gravel path to the water.�
He then asked Dave Carr of the LA Group to speak on the more technical
aspects.� Dave Carr reported that a 2400
sq. ft. building is planned which is a 3.2% building coverage where the
regulations allow 10%.� He noted that
the wooded area contains the wetlands.�
He commented on the 100 - year floodplain elevation of 210 ft. and that
there will be no development within the 210 contour.� Dave Carr noted that Fish Creek is very conducive to rowing and
that there are few other opportunities along the creek for a rowing
center.� He also mentioned that it would
not be possible to increase the lot to 3 acres because that
would
include Mr. Charbonneau�s barn and part of his house.� Attorney Eleanor Mullaney then addressed the board noting that it
is a substantial variance but the acreage cannot be increased because the lot
is confined by Mr. Charbonneau�s structures.�
She also mentioned that concerns with noise or the establishment of
quiet zones could be written into the Special Use Permit along with other restrictions.� She noted that this is an existing use on
the creek, just across the bridge, and that they are just trying to relocate
it.�
Chairman
Stephen Bodnar and Barbara Faraone voiced concerns on the likelihood of the
business growing and adding to the congestion on the creek along with parking
issues that now exist on the other side of the bridge.
Chairman Stephen Bodnar read
the decision from the Saratoga County Planning Board.� Their decision was to disapprove of the area variance and special
use permit.� They commented that after deducting the
wetland area, the proposed lot results in a useable area of one acre where
three is required.� They mentioned that
the Town�s Comprehensive Plan recognized the need to protect the town�s unique
natural resources through land use regulations and that the Conservancy
District was designed for low impact/low density uses and purposely established
a 3-acre minimum for a marina as a way of protecting and preserving
environmentally constrained properties from more intense development.�
Chairman
Stephen Bodnar read letters from Holly Vegas and Sally, Vicki, Debbie and
Rochelle in favor of granting the variance to the Tarrants. It was noted that a
letter from
Ellen
and Marion Ruhle against granting the variance was read at the Special Meeting
on April 15th.� He then
allowed comments from the public.
The following spoke against
granting the variance:
Douglas
Clark, 140 DeGarmo Road, representing his aunts, Marion and Ellen Ruhle
Lisa
Schroeder-Bevis & John Bevis, 104 County Rt. 68
Bill
Crossman, 142 DeGarmo Road
The following spoke in favor
of granting the variance:
Ageo
Frizzera, 88 Dyer Switch Road
Maureen
Guthrie, 119 Kaydeross Park Road
Ruth
Stone, Town of Pittstown Planning Board
Lorraine
Skibo, 42 Regatta View Dr.
Milford
Lester, Eureka Drive
Chairman
Stephen Bodnar communicated that the board is faced with the task of
deciding� if the property is suited for
a rowing center and for the surrounding community.
�
Bill
Schutz stated that after careful review, although he is not opposed to a rowing
center, the property at 1.69 acres, which includes wetlands, is far from the 3
acres required and difficulties regarding the positioning of the existing home,
garage, and well, prevent it from being enlarged.� These obstacles make it hard for him to be positive on granting
the variance.� He also noted concerns
about the traffic that it will create on the northeast side of Fish Creek and
that he felt it would be better to keep the businesses on one side of the
bridge.���
Chairman
Stephen Bodnar, after asking for any further comments from the board and the
public, called for a motion.� He noted
that five votes in favor of the variance are needed since the Saratoga County
Planning Board disapproved of it.�
Barbara Faraone made a motion to deny the area variance stating that it
is too substantial, and that it will change the character of the neighborhood
and Bill Schutz seconded it.� Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � no, David Hall �
aye, Barbara Faraone � aye, William Schutz � aye, Clifford Hanehan � absent,
Alternate James Burke - absent.� Carried
5 � 1��� DENIED
�
Area Variance
#04-11: Walter Hayes,
applicant
����������� � 255 Burgoyne Rd.
����������� � Schuylerville,
NY 12871
Arthur Sutliff, owner
S/B/L# 169.-1-66 Rural
District
Applicant is returning seeking to replace an existing trailer with a 24� x 24� stick built home on the undersized lot at 256 Burgoyne Road.� An area variance for lot area is needed.� The lot is 1.4 acres and 2 acres is required. Walter Hayes addressed the board for permission to build a 576-sq. ft. house on the existing undersized lot.� It was determined that 155 feet of road frontage exists and that the setbacks would improve with the construction. Walt Hayes presented a letter of support from the neighbors.� Chairman Stephen Bodnar suggested that the existing mobile home with its additions be removed within 90 days after the issuance of the Certificate of Occupancy on the new home. There were no other concerns and the project was regarded as an improvement.
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
A
motion to grant the area variance with the condition that the existing mobile
home with its additions be removed within 90 days after the issuance of the
Certificate of Occupancy on the new home was introduced by Bill Schutz and
seconded by David Hall. Chairman Stephen Bodnar � aye, Joyce Waldinger � aye,
Thomas Carringi � aye, David Hall � aye, Barbara Faraone � aye, William Schutz
� aye, Clifford Hanehan � absent, Alternate James Burke - absent.� Carried 6 - 0��� GRANTED WITH CONDITION.
Use Variance
�����������
#04-12:Jerry Patterson,
applicant
����������� �87 Old
Schuylerville Rd.
����������� Saratoga Springs, NY 12866
Donald Casey, owner� ����������������������� ����������������������� �����������
S/B/L# 170.38-1-7 Village
Extension District
Applicant
is seeking a use variance to run a small engine repair shop at 124 LaFayette
St., Victory Mills. APPLICANT DID NOT
APPEAR.� Chairman Stephen Bodnar was
notified
by Donald Casey, owner that the house was sold to another party.� Chairman Stephen Bodnar also noted that the
Village Extension District is zoned as strictly residential.�
Area Variance
#04-13� Valerie Golojuch, applicant
����������� �238 Forts Ferry
Rd.
����������� Latham, NY
Owners: Eugene & Helen
Gierka
Lake Residential, S/B/L#
193.18-1-67
Applicant
is seeking a lot area and setback variance at 1213 Route 9P to build a one car
garage, 14�x 20'.� Lot area required is
15,000 sq. ft., 6000 sq. ft. is available.�
APPLICANT DID NOT APPEAR.� Eugene Gierka, owner, addressed the board and stated that this should be tabled until the ongoing litigation on this landlocked parcel has been mitigated and the board agreed.� TABLED �
Information
Marilyn Cook
1168 Route 9P
Saratoga Springs, NY 12866
S/B/L 206.6-2-43.2� Lake District
Marilyn Cook has requested
to be on the agenda for information regarding the area variance granted to the
previous owner of her property, Douglas Herrington, at 1168 Rt. 9P, Saratoga
Lake, on June 25, 2001.� She would like
to renovate the camp. APPLICANT DID NOT APPEAR.
Old Business: Chairman Stephen Bodnar
asked the board to look over the Draft Copy of the proposed Planned Unit
Development (PUD) being considered and to comment on any additions or
corrections.� The next committee meeting
is scheduled for tomorrow evening.� The
board suggested that Certified letters be required for neighbor notification in
the future.� Chairman Stephen Bodnar
will suggest that to the committee as an addition to the zoning changes.�
The
next regular meeting will be June 28, 2004 at 7:30 p.m.
A motion to adjourn was made at 9:08 p.m. by Barbara Faraone and seconded by
Bill Shutz.� Chairman Stephen Bodnar �
aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall � aye, Barbara
Faraone � aye, and William Schutz - aye.��
Carried 6-0
Respectfully
submitted,
Ruth
L. Drumm
Clerk