� �������TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
June 24, 2019
Chairman William Moreau called the meeting to order
at 7:00 p.m. and led the flag salute.�
Chairman William Moreau welcomed
everyone to the meeting and proceeded to review the Rules
of the Board.
Zoning
Clerk Linda McCabe called the roll: Chairman William Moreau � present, Clifford Hanehan � absent (arrived at 7:04 p.m.), Thomas
Carringi � present, Clarence Fosdick � present, Christopher Benn � present,
Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark
Sullivan - absent.
Also
present: Zoning Officer Gil Albert, �Marci Dwyer, Ian Murray, Terri Korb, Mariana
Jensen. (Sign-in sheet is on file in the Clerk�s office.)
Approval
of Minutes: A motion was made by Clarence
Fosdick, seconded by Christopher Benn, to accept the meeting minutes of March
25, 2019.�� Chairman William Moreau �
aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Steve
Mehan - aye, Christopher Benn - aye, Nicholas Schwartz - aye.
Carried �6 - 0
Approved
Public Hearing for Area
Variance
Marci
Dwyer #18-09
800
Rt. 29
Saratoga
Springs, NY 12866
S/B/L
168.-3-73 Conservancy District
Applicant seeks approximately a 40' side
setback variance to an existing out-building, in order to obtain a Special Use
Permit from the Planning Board, to open a�
private recreation business for members only. �The
Zoning Officer has sent this Applicant to the ZBA with a positive
recommendation for approval.
Applicant Marci
Dwyer appeared before the Board.� She
clarified that the existing structure is actually 23' from the side, so she
needs a 51.5' setback variance.� She said
that she is seeking the variance as it is required for her to obtain a special
use permit to open a Members Only Paddle Board, Kayak, Canoe - Non-motorized
Vessel Recreation Club.� This day use
seasonal club will provide its members the option to launch and/or store their
vessels.� It will have up to 10 racks (6
per) to hold the vessels for the 2019 season.�
There will be parking on the grass lot.�
Trees will be planted along the existing fence line to provide visual
and sound mitigation.� Signage will be on
the structure.� There will be no lights
on the west side of the structure, any lighting added will be minimal.� There will be 1 porta john located in the
northeast corner of the lot, maintained weekly.�
Trash receptacles will be placed on the property and maintained daily.� The road will be watered during dry spouts to
reduce dust emanating from the site.�
This is NOT a daily rental facility.�
It is a Members only recreational facility that will provide
non-motorized vessels a launch site and storage for its members.�
Christopher Benn
questioned what the existing structure is proposed to be.
Applicant Marci Dwyer
responded it is an open air shelter, which they plan to put a couple picnic
tables under.
Chairman William
Moreau asked if the Board had any questions.
Nicholas Schwartz
questioned the size of the variance; is it 40' or 51.5'?
Applicant Marci
Dwyer responded it is 51.5'.� The 40' was
approximate on the concept plan, but once it was measured, it proved to be
51.5'.
Chairman William
Moreau added the application is correct as it says 51.5'.� The discrepancy came from the concept plan,
but the application is correct.� He then
asked if there were any other questions of the Board; there were none.�
Chairman William
Moreau asked Zoning Officer Gil Albert for his opinion.� Zoning Officer Gil Albert stated the
structure is preexisting and was built legally for residential purposes.� This will be a repurpose of such and he
thinks it is a good use.
Chairman William
Moreau then asked for the opinion of Attorney William Reynolds.� Attorney William Reynolds stated he will take
questions, but did not state an opinion.
Chairman
William Moreau then stated we heard from the Saratoga County Planning Board and
they offered the following:�
Decision: No Significant County Wide or
Inter Community Impact
Comment:
The applicant
has submitted a proposal for use of personal property to rent storage space for
water vessels to be used on Fish Creek. Users of the water vessels will have
direct access from the rear yard of the applicant�s property on which is
proposed the provision of 40 grassed parking spots, outdoor paddle racks (20 to
hold 6 vessels each), docking parallel to water�s edge w/30� wide access. Also
proposed for provision on the property are porta johns and 4 Picnic tables. As
relates to concerns voiced by the SCPB and the safe and proper use of the
property and its facilities, we note that
1.
There should be receptacles on-site for the regular/routine collection of
trash/debris (to keep material from the water),
2.
The owners should routinely maintain control of dust emanating from the site
that would impact the water and adjacent landowners,
3.
The impact of night lighting should be mitigated so as to not create a nuisance
for adjoining landowners,
4. In
accordance with the town�s zoning ordinance related to business uses in a
residential area, signage (if permitted) should be approved and of a minimal
nature,
5. It is our recommendation that in accord with other water
uses at the proposed end of Fish Creek the business should be home to only
non-motorized uses on the water to limit the impact to residences, and
6.
Where applicable and beneficial to the neighbors� peaceful use of their
property the applicant�s site plan and approval notes should provide for
boundary line landscaping which affords visual and sound mitigation.
�After providing Proof of Notice in
the Saratogian on June 14, 2019, Chairman William Moreau opened the Public Hearing at 7:08 p.m. asking those wishing to speak, to
please stand and state their name and address.� Seeing
as no one wished to speak, Chairman
William Moreau closed the Public Hearing at 7:09 p.m.
Chairman William Moreau then went through the Balancing Test line by
line with the Board; the Board found in favor of the Applicant.
A motion was made by Nicholas Schwartz, seconded by Chris
Benn, to approve the 51.5' side setback variance.� Chairman William Moreau � aye,
Clifford Hanehan - aye, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.�
Carried� 7 - 0
Old Business: None
New Business: Board Member Nicholas Schwartz stated in the near future he will be moving out of town and will have to step down at that time.� He'll be sending his letters to the Town Clerk and Town Board as required.� He wanted the Board to know he is still a resource for the Town� and still available, so not to hesitate to call him.� The members are very sorry to see him go, as he has been a great asset to the Board.� The Board is hopeful that, in the future, he may move back into the town and they will be happy to have him back on the Board.
A motion was made by Nicholas Schwartz, seconded by Clifford
Hanehan, to adjourn the
meeting at 7:17 p.m. �Chairman William Moreau � aye, Clifford Hanehan - aye, Thomas Carringi
- aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye,
Steve Mehan - aye.�
Carried� 7 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held July
22, 2019.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~ Meeting dates are subject to change ~