DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
October 25,
2004
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:30 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 � absent, Clifford Hanehan � present, Joyce
Waldinger � present, David Hall � present, James Burke � absent, and alternate
Robert McConnell � present.
Also
present: Zoning Officer Robert Hathaway, Jeff Davis, Peter Czelowalnik, Don
Adkins, Connie Natale, Vince Sleasman, Donna Malin, Terry & George Duval,
Edna Nash, Nancy Demick, Dennis Kagel, Ted Munn, Laurie Gregorek, Leon Reed,
Denis Sheeran, Lisa Hall, Thomas Vandemark, Jennifer Ferriss, Wayne White, and
Michael Letale.
Approval
of Minutes: All board members present had read the minutes of the
September
27th, and the October 12th, 2004 special meeting.� A
motion was made by Joyce Waldinger and seconded by David Hall to accept the
minutes of the September 27th and October 12th, 2004
meetings as written.� Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall
� aye, Barbara Faraone � absent, Clifford Hanehan � aye, James Burke � absent,
and alternate Robert McConnell � aye. Carried 6 - 0
Order of Business:
Case # 04-22�� Michael Giovanone, applicant,��� Jonathan Lapper, Atty.
5 Compion Lane
Saratoga Springs, NY 12866�
Lake Commercial District,
S/B/L 193.06-1-2� Property location: 1427 Route 9P
Applicant
is seeking an area variance for lack of the required frontage at 1427 Route 9P
and a variance for multiple uses on one lot in order to construct 8
multi-family dwellings, totaling 30 units, on 8.88 +/- acres.� Postponed
� Did not appear.
Case # 04-21� Jennifer Ferriss & Wayne White
17 Chestnut Street
Schuylerville, NY 12871
S/B/L 157.62-1-15� Rural Residential
Jennifer
Ferriss and Wayne White addressed the board seeking a front setback variance to
build a 6� open-air porch on the front of their house at 17 Chestnut Street.
Jennifer Ferriss presented the board with a neighbor notification letter signed
by Susanna Murphy and
Brian
Myers.� Both neighbors stated that they
had no objections to the addition of the open-air porch. She stated that the
porch will be in line with others on the street where
most
houses are closer to the road than theirs.�
The required setback is 40� and with the porch, they will have a 28�
setback.� Chairman Stephen Bodnar asked
for Zoning Officer Robert Hathaway�s opinion and he had no objection to the
porch.�
Proof
of Notice having been furnished, Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or
against the proposal.�
Clifford
Hanehan made a motion to grant the 12� front setback variance for a 33.5� x 6� open-air
porch on the front of their home at 17 Chestnut Street.� Robert McConnell seconded it. Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall
� aye, Barbara Faraone � absent, Clifford Hanehan � aye, James Burke � absent,
and alternate Robert McConnell � aye. Carried 6 - 0
�
108 Franklin Beach Road
S/B/L 193.5-1-29� Lake Residential District
Vincent
Sleasman addressed the board seeking variances for setbacks, building coverage,
and lot area to add decks and porches onto his home at 108 Franklin Beach
Road.� He explained that on the roadside
of his home he has planned to add a 16� wide by 6� deep open-air porch with the
roof sloping off the existing roof and a 4� deep by 16� wide, open � air deck.
The setback is presently 40� and with the addition of the porch it will be
34�.� He explained further that on the
lakeside of his home he has planned to add a 10� by 12� screened in porch with
a roof sloping off the existing roof and an open-air deck, 22� wide by 4.5� to
12� from the house.� These additions
would increase the building coverage to 36.6%, up from the present 28%.� Vincent Sleasman gave Chairman Stephen
Bodnar the neighbor notification letter that he gave to neighbor Patricia
Butler, of 110 Franklin Beach Rd., and he added that there is a vacant lot on
the other side of him.� Patricia Butler
wrote the board that she cannot support the addition of a screened in porch on
the lakeside because it would significantly cut-off /limit her view from her
deck and lakeside yard as her house sits further back than his.� She also wrote that she has no objection to
the roadside deck and porch.�� Vincent
Sleasman stated that he doesn�t see it as a significant obstruction of her
view, but agreed that it limits it some.�
Vincent Sleasman noted that trees could also obstruct her view.� Chairman Stephen Bodnar then explained that
State Law prevents a person from planting trees that will obstruct a view.� Vincent Sleasman then asked if he could put
up a fence and Zoning Officer Robert Hathaway told him that he could put one on
the property line but the good side must face the neighbor�s property.� Clifford Hanehan suggested a hardship has not
been proven and a way to minimize the impact on his neighbor �s view would be
to reverse the lakeside plan to put the open-air deck on her side and the
screened in porch on the other. Vincent Sleasman stated that he would rather
try for the variances as is, and if he is denied then possibly change the
plan.�
Proof
of Notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or
against the proposal.�
Clifford
Hanehan made a motion to deny the variances because of the neighbor�s concerns
with the obstruction of her view.��
After some board discussion, Clifford Hanehan withdrew his motion and
the board suggested that Vincent Sleasman talk with
his
neighbor to see if a solution could be reached and return next month for the
variances needed.� TABLED��
Southwestern Bell Mobile
Systems d/b/a Cingular Wireless
Represented by Hiscock &
Barclay, Jeffrey Davis
221 South Warren St.
Syracuse, NY 13221
S/B/L 156.-4-7� Rural Residential District�� Project Location: 168 Hayes Rd.
Jeffrey
Davis addressed the board seeking a use variance to construct a 150-foot
monopole telecommunications facility at 168 Hayes Rd.� Telecommunications Towers are excluded from the Rural Residential
District.� He explained that Cingular
Wireless is upgrading their network in this area as required by their Federal
Communications
Commission
(FCC) license.� The area that they are
trying to improve to have adequate and reliable signal coverage is along Route
29 east from the City of Saratoga Springs.��
Jeffrey Davis explained that as a public utility they are not governed
by the proof of �unnecessary hardship� requirements and cannot be excluded from
any district where the utility has proven a need for its facilities.� The need is apparent, as there aren�t any
telecommunication towers in the area and service is poor.� The placement of the tower needs to fit into
the existing network of towers.� He
explained that the coverage is about four to five miles out from the tower and
that matter, such as buildings, trees, or hills are the biggest deterrents to
reception.�� Chairman Stephen Bodnar
asked Jeffrey Davis to identify other properties in the Rural District that may
be suitable sites.
Proof
of Notice having been furnished Chairman Stephen Bodnar opened the Public Hearing.� The following nearby residents posed questions of Jeffrey
Davis:
Don Adkins, 152 Hayes Rd., asked if
the tower would be shared with other providers?� Jeffrey Davis answered yes, and that every provider would need an
antenna on the monopole.� He also noted
that a balloon test, which consists of balloons floating 150� up in the air,
would be conducted and photos will be taken from designated locations in the
town to determine its visibility from those locations.����
Laurie
Gregorek, 146 Hayes Rd., spoke against the proposal.
Lisa Hall, 3 Elizabeth Lane, asked how the tower would effect property values and she was told that the studies are inconclusive. She then asked about the amount of property taxes that would be paid.� Jeffrey Davis stated that the increase in property taxes is paid by Cingular and that the town assessor determines the assessed value.
Terry Duval, 2 Elizabeth Ln., questioned how much of the 43.08 +/- acres would be used by the telecommunications facility?� Jeffrey Davis stated that only a 70� by 70� fenced in area would be used.� She then inquired who would benefit from the tower and she was told that only Cingular customers would benefit.� It was noted that the tower would not help the Village of Schuylerville�s reception or along Route 4, but 911 calls would benefit.� Terry Duval pointed out that over the last couple of years the project area has become much more residential. It was mentioned that there are cell towers in Stillwater, at the air base, and there�s a silo type tower at Lake Lonely.
Denis Sheeran, 3 Elizabeth Ln., asked if
there was any documentation that towers don�t present a health hazard?� Jeffrey Davis replied that per the 1996
Telecommunications Act, the site is well below the allowable exposure limit
guidelines.� He then asked if there
are
any reports on existing towers that state the surrounding neighbors love
them?� Jeffrey Davis replied no, but
they love the service.�
Dennis Kagel, 147 Hayes Rd., wondered
how the towers could be camouflaged and he added that he would prefer not to
see a fake Christmas tree. Jeffrey Davis explained that many designs would be
shown to the Planning Board when it gets to that stage.� He also noted that the monopole would be
150� and would probable have multiple users.�
Jeffrey Davis added that an 11� x 20� shelter would be within the 70� x
70� fenced in area.� There would be a
separate access road that will use the existing gravel drive by the storage
building and go further from there.� The
utilities will be underground from Hayes Road. �
Terry Duval, 2 Elizabeth Ln., asked if
it would impact telephone or cable reception?�
She was told no, because each uses its own wavelength.� If any problems were to occur, they would
remedy them quickly.�
Donna Malin, 104 Oak Tree Dr., wondered if this would increase the
chances of other businesses coming into this residential area.� Jeffrey Davis replied that since this is a
public utility it probably would not set a precedent for non public utility
type businesses.
Zoning Officer Robert
Hathaway,
345 County Rd. 68, spoke against the
proposal since our regulations specifically exclude telecommunication towers
from all districts except the Rural District.
Connie Natale, 161 Hayes Rd., voiced
concerns on how it will look and the service distance and asked for
clarification on where the gravel driveway would be.� Jeffrey Davis replied that the gravel driveway would be to the
right of the red barn.�
Chairman
Stephen Bodnar closed the public hearing at 9:40 p.m.
�
Chairman
Stephen Bodnar introduced a motion to table the proposal and asked that Jeffrey
Davis present the board with other available sites in the Rural District. Cliff
Hanehan seconded this. Chairman Stephen Bodnar � aye, Joyce Waldinger � aye,
Thomas Carringi � aye, David Hall � aye, Barbara Faraone � absent, Clifford
Hanehan � aye, James Burke � absent, and alternate Robert McConnell � aye.
Carried 6 � 0� TABLED
�
Old Business: None
New Business: None
The
next regular meeting will be November 22, 2004 at 7:30 p.m. It was noted that
there will not be a December meeting.�
A motion to adjourn was made at 10:00 p.m. by Joyce Waldinger and seconded by
Cliff Hanehan. Chairman Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas
Carringi � aye, David Hall � aye, Barbara Faraone � absent, Clifford Hanehan �
aye, James Burke � absent, and alternate Robert McConnell � aye. Carried 6 - 0
Respectfully
submitted,
Ruth L. Drumm, Clerk