TOWN OF SARATOGA

DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

November 28, 2005

7:30 PM

Chairman Stephen Bodnar called the meeting to order at 7:30p.m.��

Chairman Stephen Bodnar led the flag salute and explained the Rules of the Board.�

Clerk Catherine Cicero called the roll: Chairman Stephen Bodnar � present, Thomas Carringi � present, Barbara Faraone � present, Clifford Hanehan � present, Joyce Waldinger � present, David Hall � present, James Burke � present, and alternate Robert McConnell � present.

Also present: Town Supervisor Tom Wood. (Zoning Officer Robert Hathaway was unable to attend.)

Approval of Minutes: All board members present had read the minutes of the October 24, 2005 meeting. A motion was made by David Hall, and seconded by Thomas Carringi, to accept the minutes of the October 24, 2005 meeting as written.� Chairman Stephen Bodnar � aye, David Hall � aye, James Burke � aye, Thomas Carringi � aye, Clifford Hanehan � aye, Joyce Waldinger � aye, and Barbara Faraone � aye.

Carried 7 � 0�

Order of Business:

AREA VARIANCE

Chairman Stephen Bodnar noted that Bill Reynolds, who was originally returning at this meeting, decided to withdraw his application for a variance and will be applying to the Planning Board for a subdivision instead.

Case #05-15 Thomas Frost

�� 1 Starbuck Lane

�� Saratoga Springs, NY� 12866

S/B/L 196-1-9 Conservancy District

Applicant is seeking to construct an addition to a pre-existing, non-conforming building, on a pre-existing, non-conforming lot on Furlani Dr.� A bedroom would be extended by 6� and a 12�x12� screened-in porch would be added.� Thomas Frost addressed the Board, presenting a building plan and explaining that the additions would be along the river side of his property.� Mr. Frost also provided letters from his two neighbors stating that they had no objection to the planned additions.

There followed a discussion on the fact that Mr. Frost�s building is located in a flood plain.� Mr. Frost stated that the current building is approximately 3� off the ground and he plans to build the additions to conform to that height.� He then explained that he did not intend to use concrete blocks for piers, but planned on using a new technology that screws a 3 and �� pier 7� into the ground, then uses a Teflon sleeve so frost slides up and

down the post, rather than heaving the pier out of the ground.� Ultimately, Town Zoning Officer Bob Hathaway will have to approve the use of the piers.�

Chairman Stephen Bodnar stated that the application has not been reviewed by the County, but Town Attorney William Reynolds had reviewed it with reference to the law regarding flood plain variances, and had no problem with granting it.

Proof of notice having been furnished, Chairman Stephen Bodnar opened the Public Hearing.

Marilyn Zaborek, 387 Burgoyne Rd.�neither for nor against.� Ms. Zaborek� raised concerns regarding the escalation of sedimentation in the river.� She asked Mr. Frost if he had any landscaping plans to prevent stormwater runoff, and whether his plans would affect wildlife habitat.

Mr. Frost responded that his house was right on the river; 15� from the water�s edge, but the house is behind a crest that slopes back from the river.� He said that, although all rainwater eventually finds its way into the river, there is no direct run-off from his house.� He has no plans for landscaping and the only �habitat� or vegetation nearby is brush.

All those wishing to speak having done so, the Public Hearing was closed at 7:50 p.m.

A motion was made by Barbara Faraone, seconded by Thomas Carringi, to grant the variance with the Applicant�s understanding that he is building in the flood plain and that he will build the addition at the existing floor level.� Chairman Stephen Bodnar � aye, David Hall � aye, James Burke � aye, Thomas Carringi � aye, Clifford Hanehan � aye, Joyce Waldinger � aye, and Barbara Faraone � aye.

Carried 7 � 0� GRANTED

Case #05-16 Tom Ruhle

�� 168 Burgoyne Rd.

�� Schuylerville, NY� 12871

S/B/L 156-3-42.3 Rural Residential District

Applicant is seeking an angled area side variance of 3� down to 1� along a fence line to build a 16�x20� one story pole barn on a pre-existing concrete slab dating from the early 1990�s.� The slab is too close by regulation to the neighbor�s fence/property line to the east.� Tom Ruhle addressed the Board, stating that the existing concrete slab dates from the 1990�s and has been used for a number of things over the years.� Its closest point is 7� from the property line.� The slab is 6� thick and has wire mesh in it.� He is requesting a variance of 1� at one end of the slab, tapering to 3� at the other in order to build a pole barn for storage.� The pole barn had been started, with the poles set up, when problems arose because he hadn�t obtained a building permit.� Mr. Ruhle explained that he operates a dairy farm, consisting of 55 cows on 12 acres, and needs more room in the barn for the cows now that the cold weather is approaching.� He submitted a signed letter from his neighbor, Dave Larmon, stating that he had no objection to the proposed building.

Chairman Stephen Bodnar read the letter into the record.� The letter has been made part of the permanent file in this application.� Chairman Stephen Bodnar stated that he had spoken with Mr. Larmon and determined that there was no objection to the proposal.

Chairman Stephen Bodnar asked Mr. Ruhle if he had performed a survey of his property.� Mr. Ruhle responded that he had, and that the nearest house is between 200� and 250� from the property line.� There followed a discussion of where the proposed building was situated on the property.

Barbara Faraone stated that she didn�t like the idea that Mr. Ruhle began building without a permit.� Mr. Ruhle stated that he didn�t realize that he needed one, and that led to his being before the Board.

Chairman Stephen Bodnar stated that he has been on-site and that there would be stipulations to the variance, if granted.� Mr. Ruhle would have to put an eaves trough on the neighbor�s side of the building to prevent stormwater run-off, and the pole barn would be used strictly for machinery.� No animals would be allowed.�

Proof of notice having been furnished, Chairman Stephen Bodnar opened the Public Hearing.

Leland Moll, 174 Burgoyne Rd.�neither for nor against.� Mr. Moll stated that he had not been notified in writing of the proposed pole barn.� He asked for copies of any notes made by Town Zoning Officer Bob Hathaway, and wanted to know when the initial meeting occurred between Mr. Ruhle and Mr. Hathaway.� Chairman Stephen Bodnar said that he had no copy of notes from Mr. Hathaway, but assumed that notes of some sort did exist because Mr. Hathaway files a summary of his activities each month.

Mr. Moll asked for a postponement of the proceedings until such notes could be made available.

Mr. Moll was concerned that the pole barn was begun without a permit.� There followed a discussion between Chairman Stephen Bodnar on the issue of the pole barn�s construction being started without a permit.

Mr. Moll repeated concerns that �the process� needed to be adhered to.

Town Supervisor explained that copies of any records need a Freedom of Information Law (FOIL) request in writing.

David Hall read from the ZBA application form that Applicants �should� notify their neighbors, but that notification is not mandatory.

Chairman Stephen Bodnar added that he had not spoken with Town Zoning Officer Bob Hathaway about the circumstances of the application, so he could not comment on that aspect of Mr. Moll�s concerns.� He stated that it was unusual for a member of the public to request a postponement of a variance based on a request for notes.

Chairman Stephen Bodnar stated that the challenge to the members of the Zoning Board of Appeals is to achieve justice for Mr. Ruhle, his neighbors, and the Town.

Mr. Moll insisted that �the process� should be adhered to.

Chairman Stephen Bodnar asked Mr. Ruhle if he would be harmed by a postponement of the decision, to which Mr. Ruhle stated that he would like to get the barn up before cold weather so the cows could have shelter.

Mr. Moll stated that he did not wish to financially harm Mr. Ruhle�s livelihood and had no objection to the barn being built, but insisted that he wanted to see any notes reflecting that Mr. Hathaway�s initial meeting with Mr. Ruhle included a discussion of

the fact that Mr. Ruhle needed a building permit.

Marilyn Zaborek, 387 Burgoyne Rd.�neither for nor against.�� Ms. Zaborek was concerned about the expansion of dairy operations in the Town and the attendant problems with manure and other pollutants.�

It was explained that Mr. Ruhle runs a small, 55 head operation and is not involved in �factory farming.�

All those wishing to speak having done so, the Public Hearing was closed at 8:15 p.m.

A motion was made by David Hall, seconded by Clifford Hanehan, to grant the requested variance, with the stipulation that the building would be used strictly for machinery storage and that an eaves trough would be added to the easterly section.� Chairman Stephen Bodnar � aye, David Hall � aye, James Burke � aye, Thomas Carringi � aye, Clifford Hanehan � aye, Joyce Waldinger � aye, and Barbara Faraone � aye.

Carried 7 � 0� GRANTED

Information

Harold Reiser

1120 Rt 29

Schuylerville, NY� 12871

S/B/L 156-3-11 Rural Residential

Mr. Reiser asked the Board questions regarding the use of his property for an antique store.� It was determined that he would have to appear before the Planning Board for a special use permit.

Bill Ippoliti

108 Schuyler St.

Schuylerville, NY� 12871

S/B/L 170.39-1-12 & 170.38-1-5 Village Extension

Mr. Ippoliti would like to build a residence on property at 133 Schuyler St., behind his current residence.� Mr. Ippoliti previously appeared before the Planning Board and was told by Chairman Ian Murray that Mr. Ippoliti�s suggestion to create a flag lot meets the physical criteria of a flag lot, but does not meet the definition of a flag lot, which is to preserve agricultural and greenspace.

There followed a discussion of how Mr. Ippoliti might be able to develop his property.� Clifford Hanehan explained that flag lots were originally created with the rural zoning district in mind.�

Chairman Stephen Bodnar stated that a legal interpretation was necessary, and that he would request something from Town Attorney William Reynolds.

Marilyn Zaborek

387 Burgoyne Rd.

Ms. Zaborek enumerated a number of complaints regarding her neighbor�s use of her property and whether numerous regulations and zoning requirements had been violated.

A discussion followed on what might be done, and who would be responsible for enforcement issues.� David Hall stated that the Board would speak with Town Attorney William Reynolds and get back to her.

Old Business: Town Supervisor Tom Wood reported that the Town Board has approved zoning regulations changes increasing application fees and park fees.� The Town Board also approved boat storage facilities as a special permitted use within the Town.

The Town�s proposed water regulations are still a couple months away from completion; many questions have arisen.

Town Supervisor Tom Wood stated that on Thursday, December 1, the ZAAC group would meet to present proposed changes to the Town Board, the Zoning Board of Appeals, and the Planning Board.� Paul Griffen will present and explain the proposed changes.� He added that the Town is �several months� away from holding public hearings on the revised regulations.� Supervisor Tom Wood felt the proposed changes were reasonable, but added that many people did not think the changes went far enough.

New Business:� Town Supervisor Tom Wood reported that meetings will be held for the development of the Waterfront Revitalization Project on Monday, December 5, 2005, at the Schuylerville High School, and Wednesday, December 7, 2005, at the Middle Falls Fire House.� Some items included in the project are Stark�s Knob, the Hudson Crossing Project, Coveville, and Thomson�s Park.� Town Supervisor Tom Wood explained that any project identified in the Revitalization Program would automatically be given preferential treatment in any grant request.

Town Supervisor Tom Wood asked for volunteers to attend the Association of Towns meetings in New York City during the third week of February.� Barbara Faraone volunteered to go.

The next regular meeting will be January 23, 2006 at 7:30 p.m.

�

Chairman Stephen Bodnar made a motion to adjourn at 9:39 pm.� The motion was seconded by Barbara Faraone. Chairman Stephen Bodnar � aye, David Hall � aye, James Burke � aye, Clifford Hanehan, Thomas Carringi � aye, Joyce Waldinger � aye, and Barbara Faraone �aye. Carried 7 � 0

Respectfully submitted,

Catherine E. Cicero

ZBA Clerk

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