DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
September 27,
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 � present, Clifford Hanehan � absent (arrived at
7:38 p.m.), William Schutz � absent, Joyce Waldinger � present, David Hall �
present, and Alternate James Burke � present.
Also
present: Zoning Officer Robert Hathaway, Town Attorney William Reynolds, James
& Elena Grotto, William Terrill, Marilyn Dandeneau, Ida Mae Winslow,
Margaret Spiezio, Michele Anderson, Maurice Dandeneau, Kimberly & Mark
Sutton, Yvonne DeCore, Ted Munn, Steve Mastaitis, Sandra Dalzell, and Ed
Charbonneau.
Approval
of Minutes: All board members present had read the minutes of the
July
26th, 2004 meeting.� A motion was made by David Hall and
seconded by Barbara Faraone to accept the minutes of the July 26th,
2004 meeting as written.� Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall
� aye, Barbara Faraone � aye, William Schutz � absent, Clifford Hanehan �
absent, Alternate James Burke - aye.� Carried 6-0
Order of Business:
Area Variance
�������� S/B/L 167-1-16, 17, 9�
Conservancy District
Applicants
are seeking an area variance for lack of the required frontage on a 1.85 +/- acre (80,500 +/- sq.ft.) parcel on County Rd. 68, fronting Fish Creek.� The parcel has 150� of frontage available
where 200� is required.� Chairman
Stephen Bodnar noted that they are taking three parcels and combining them to
make two parcels eliminating a landlocked parcel.� Mark Sutton addressed the board and presented them with an e-mail
from DEC stating that the project would be permitted, with some minimization of
the limits of disturbance on the west side.�
Mark Sutton then gave the board a revised map that moved the house 3�
closer to the sideline and 10� further from the wetlands on the west side.� Chairman Stephen Bodnar asked Zoning Officer
Robert Hathaway to comment.� He stated
that he recommended granting the variance.�
Then Chairman Stephen Bodnar read the Saratoga County Planning Board�s
recommendation, which was to approve, but that they would need to contact the
Saratoga County Public Works to obtain their approval of the shared driveway
and that the sanitary system should be
designed
and certified by a professional engineer.�
Sandra Dalzell stated that these are being done.� Mark Sutton added that the deep hole and
perc tests have also been done.�
(Board
member Clifford Hanehan arrived at 7:38 p.m.)
Joyce Waldinger introduced a motion to grant the variances needed as presented on the revised map. This was seconded by Barbara Faraone. Chairman Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall � aye, Barbara Faraone � aye, William Schu��A,@������X@��������@�������A,@���X@���������@�����@�����@Z@���\@@�������@nA,@`@@Ž������@����@F@`hZbn@@�������@�\@�����@@@@@@@@@@@@@@@@@@@@@@@@f``@�����@��������������@�������X@��@bdpll�^�^�@bjn\ZbZhr\d@L@dr@@�����@�����������@���@���������@���@�@������@ �����@��@bblh@�����@dr@�����@��@����@��������X@��@��������������@��@���@������@�����������X@���@�@�������������@��@��Z���������@��@���������@���Z����������@���\@@���@�����@��@��������\@@���@��������@��@��@\drb@V^Z@�����@���@���@���������@������@�s 1.12 +/- acres.� Attorney Michele Anderson addressed the board with the three areas of concern.� The board decided to go point by point.
Chairman Stephen Bodnar opened the Public Hearing: The following spoke against the Tattoo Parlor: Ida Mae Winslow.� �The following spoke for the Tattoo Parlor: Margaret Spiezio and Michele Anderson.
The
board addressed the first point, the interpretation of the Zoning
regulations.� After some board
discussion, it was determined that the business would qualify as a retail
service and would require a Special Use Permit from the Planning Board.� Zoning Officer Robert Hathaway was agreeable
to that and Town Attorney William Reynolds also agreed that it was a fair
assessment of the business.� A motion was made by Clifford Hanehan and
seconded by Barbara Faraone that the Tattoo Parlor should be classified as a
retail service business. Chairman Stephen Bodnar � aye, Joyce Waldinger �
aye, Thomas Carringi � aye, David Hall � aye, Barbara Faraone � aye, William
Schutz � absent, Clifford Hanehan � aye, Alternate James Burke - aye.� Carried
7 � 0
The next point that was addressed was whether it should continue to be considered a pre-existing nonconforming lot as to its size and use.� Michele Anderson stated that since there have been previous businesses since 1990 that were granted Special Use Permits it should continue.� Town Attorney William Reynolds pointed out that the Spiezio TV repair shop was pre-zoning and that a continuous use since 1979 should be proven since if a 2 year gap occurred that would make it an abandoned preexisting non-conforming use. Michele Anderson was willing to make a determination on the time span since the real estate office left the parcel through affidavits by the previous business occupant.� She also noted that its use would be less intensive than the previous uses and would not change the character of the neighborhood.�
Chairman Stephen Bodnar read the Saratoga County Planning Board�s reply.� They stated that it does not raise any direct county concerns.� They also pointed out that the Zoning Board of Appeals could require that the two lots be merged to increase the size of the lot.
After some board discussion, it was agreed that it would be much more acceptable if the lots were merged into one. �Michele Anderson stated that Matthew Ernst would be open to combining the two lots but would like to adjourn to consult with him further.
Town
Attorney William Reynolds stated if they made it one lot with one use, an area
variance would still be needed. Chairman Stephen Bodnar suggested that they
return next month after consulting with the Ernsts�.� David Hall made a motion
and Barbara Faraone seconded it to table the application for a minimum of 30
days in order to determine if the owner is willing to combine the two lots and
to determine if a gap of over 2 years of continuous use of the parcel by the
previous businesses occurred. Chairman Stephen Bodnar � aye, Joyce
Waldinger � aye, Thomas Carringi � aye, David Hall � aye, Barbara Faraone �
aye, William Schutz � absent, Clifford Hanehan � aye, Alternate James Burke -
aye.� Carried 7 � 0� TABLED
�
Case # 04-18� James & Elena Grotto
����������������������� 946 Route 29
����������� ����������� Saratoga
Springs, NY 12866
S/B/L 156.-1-26� Rural Residential
Applicants are seeking an area variance in order to
move their established Train & Hobby Shop retail business from its current
location in their home to the adjoining, pre-existing .71 +/- acre lot where a
building will be constructed for the business.�
A Special Use Permit is needed and two acres are required for the retail
business.
James and Elena Grotto addressed the board.� Elena Grotto stated that the neighbors have
been notified and they have no problem with the business moving next door.
Chairman Stephen Bodnar commented while looking at the map that the Planning
Board has requested that the parking area be moved to the rear of the
building.� James Grotto explained that
there is a steep slope at the back of the building and that the building would
need to be positioned much closer to the road in order to put the parking lot
in the back.� He added that numerous
businesses along Route 29 have the parking out front.� Town Attorney William Reynolds explained that the parking is an
issue that the Planning Board will address and that all that the Zoning Board
can act on is the granting of the area variance.� Chairman Stephen Bodnar added that the variance required would be
substantial and if they would join the parcels a variance would not be
needed.� The only permitted use of the pre-existing
undersized lot is as a dwelling unit.�
The chairman called for a motion.�
Thomas Carringi made the motion
to grant the area variance as presented to allow the business to be moved next
door on the .71 acre lot.� James
Burke seconded this. Chairman Stephen Bodnar � no, Joyce Waldinger � no, Thomas
Carringi � aye, David Hall � no, Barbara Faraone � no, William Schutz � absent,
Clifford Hanehan � aye, Alternate James Burke - aye.� MOTION DENIED� 3 � 4
Case # 04-19 Stephen J.
Mastaitis
����������� �������� �1412 Route 9P
Applicant
is seeking area variances for front and side setbacks at 1412 Route 9P where a
Law Office is planned in the existing building in the Lake Commercial District.� The use is changing from a residence to a
professional office. The parcel is 2.79 +/- acres. Stephen Mastaitis addressed
the board stating that a 40� front setback variance is needed
and
a 10� south side setback variance is needed. He added that there should be
little traffic flow from his Law Office and initially only 1 full-time employee
and 1part-time employee will be there.�
He will be exiting from the northernmost point, which gives the best
site distance and he will trim more branches off the trees at the exit.� He stated that the neighbors were
notified.� Chairman Stephen Bodnar
inquired about the front setback and the distance of the building from the
road.� He asked if a survey has been
done of the property and Stephen Mastaitis replied that he has tried to get in
contact with a local surveyor but hasn�t yet.�
Barbara Faraone also suggested that he get an accurate survey done of
the property. She explained that there is no map on the frontages on Route 9P
since 1920 and that he should go to the Department of Transportation (DOT) for
their help.�
Chairman Stephen Bodnar opened the Public Hearing: The following spoke against the granting of the variance: Bill Terrell - with parking area concerns which the Planning Board will address.
A motion was made by
Clifford Hanehan to grant the front and side setback variances as stated above. Joyce Waldinger seconded
this. Chairman Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi �
aye, David Hall � aye, Barbara Faraone � aye, William Schutz � absent, Clifford
Hanehan � aye, Alternate James Burke - aye.�
Carried 7 � 0� GRANTED
Saratoga Springs, NY 12866
S/B/L 206.9-2-12.12� Lake Residential
Applicant is adding a porch at 1112 Rt. 9P and an area variance is needed for the front setback requirement.� The applicant has 28� and 50� is required.� Yvonne DeCore addressed the board.�� She stated that there is a ditch in front of the house and that she will be putting a culvert pipe in it.� The porch is 21� from the ditch and Yvonne DeCore stated that there is plenty of room for the state to plow the snow.�� She stated that neighbor notification was done and no one had any objections.� A neighbor list was left with the clerk.
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
A motion was made by James
Burke and seconded by David Hall to grant the 22� front setback variance.
Chairman Stephen
Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall � aye,
Barbara Faraone � aye, William Schutz � absent, Clifford Hanehan � aye,
Alternate James Burke - aye.� Carried 7
� 0� GRANTED
�
���������������������� 30 Ferry St., P.O. Box 38
������������� ���������Schuylerville, NY 12871
S/B/L 193.6-1-37� Lake Commercial District
A
variance is needed to meet Flood Plain requirements for FEMA at 97 Lakeview
Lane, Saratoga Lake.� Base flood plain
elevation required is 210.1� and 207.9� exists.� The variance is needed so that Jeanine Stancanelli can obtain and
keep flood insurance on the residence.�
A Certificate of Occupancy was issued by the town when the house was
built.��� The lowest level is below
floodplain.� Chairman Stephen Bodnar
stated that Town Attorney William Reynolds has advised the board that they
cannot act on this variance.�
Zoning
Officer Robert Hathaway stated that he has heard of variances being given for
this before.�� Jeanine Stancanelli
stated that she has passed the insurance companies� deadline for obtaining the
variance and they will be notifying FEMA.�
The town will be in violation of floodplain regulations.� Jeanine Stancanelli requested a letter
stating the board�s action tonight so she can give it to her Insurance Company,
Allstate.� Barbara Faraone made a motion and it was seconded by Joyce Waldinger to
table the action so that Town Attorney William Reynolds can determine if the
Zoning Board of Appeals has jurisdiction in this matter.�� Chairman Stephen Bodnar � aye, Joyce
Waldinger � aye, Thomas Carringi � aye, David Hall � aye, Barbara Faraone �
aye, William Schutz � absent, Clifford Hanehan � aye, Alternate James Burke -
aye.� Carried 7 � 0� �TABLED�
A Notice of Action was given to Jeanine Stancanelli.
Old Business: None
New Business: None
The
next regular meeting will be October 25, 2004 at 7:30 p.m.
A motion to adjourn was made at 10:45 p.m. by Barbara Faraone and seconded by
Chairman Stephen Bodnar.� Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, David Hall
� aye, Barbara Faraone � aye, Clifford Hanehan � aye, William Schutz � absent,
and Alternate James Burke - aye.��
Carried 7-0
Respectfully
submitted,
Ruth
L. Drumm
Clerk