TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

June 27, 2016

Chairman Clifford Hanehan called the meeting to order at 7:00 p.m. and led the flag salute.�

Chairman Clifford Hanehan welcomed everyone to the meeting and proceeded to review the Rules of the Board.

Zoning Clerk Linda McCabe called the roll: Chairman Clifford Hanehan � present, William Moreau � present, Thomas Carringi � present, Clarence Fosdick � present, John Deyoe - present, Chris Benn � present, Nicholas Schwartz - present.

Also present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Jon Spisak, Lori & Tony Scalera, Robert & Peg Hall, Dale Pager, Janis Peterson, Mr. & Mrs. Michael J. Cirillo, Dennis Wilson, Steven Mehan, Ian Preston, Bruce Sparano, Joanne Darcy Crum and other interested persons.� (Sign-in sheet is on file in the Clerk�s office.)

Approval of Minutes: A motion was made by John Deyoe, seconded by Chris Benn, to accept the amended meeting minutes of May 23, 2016.�� Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye.�

Carried �7 - 0

Approved

Interpretation

Joanne Darcy Crum, Esq. #16-12�

Lemery, Greisler LLC

50 Beaver St.

Albany, NY 12207

Representing the Cirillo Family Limited Partnership

Applicant seeks an interpretation of deck and patio.

Mr. Cirillo addressed the Board due to the absence of the Applicant.� He asked for an interpretation of deck and patio.�

Town Attorney William Reynolds stated under zoning laws it is the Zoning Board's job to interpret the zoning ordinances.� He said there are no definitions in the ordinance itself for the word patio or deck.� He thinks it relevant that porches be included in this also.� The Town has recently enacted a new amendment to the zoning ordinance addressing lot coverage throughout the Town, which means the percentage of the lot area that is occupied by the ground area �buildings, accessory buildings, porches, decks, ground level patios.� Buildings and accessory buildings have specific definitions in the Town ordinance, but porches, decks and ground level patios do not.� He suggested to the Board that they apply the usual and ordinary definitions to those words.� Attorney Crum, in her letter, posted the Miriam-Webster online dictionary definition of patio: flat area of ground covered with a hard material such as bricks or concrete, usually behind a house (though we all know patios aren't necessarily always behind a house).� He believes a definition similar to that is a rational way for the Board to define patio.

Zoning Officer Gil Albert asked if he could speak to that and Town Attorney William Reynolds said yes.� Zoning Officer Gil Albert stated in reviewing Local Law #6, ground patios were not to be part of this law, nor were they to be included in lot coverage.� He said that the Joint Board held many workshops specifically working on this and the Joint Board decided not to include patios because you'd then have to include driveways, sidewalks, paved walkways.� It is his purview and he recommends that Local Law #6 be amended - the Joint Board didn't have it in the law and the Town Board accepted it the way the Joint Board presented it.�

Chris Benn and Clarence Fosdick agreed, stating patios, sidewalks and driveways can all be out of stone, concrete etc..so it is not to be part of lot coverage. �

Zoning Officer Gil Albert didn't use this guideline for some of the applicants here tonight and he finds it embarrassing, because Local Law #6 is not the way it was written; the way it is now written is not what was recommended to the Board nor accepted by the Board.��

Chairman Clifford Hanehan stated he too understood by the workshop, that this was not to be part of lot coverage.� He suggested it be taken back to the Town Board and have them explain their error of how and why this was changed.� In the mean-time, the Board will go forward using their logic and make decisions based on what the true intention was.

Attorney William Reynolds said he disagreed with that; they had a law that was properly adopted that uses the term ground level patio that is in percentage of lot coverage area and that is what the law is tonight.� He said if you want to change the law, in a month or two months from now, the law can be changed.� But that is what the law is right now.� He said he doesn't know what impact it may have on applicants here tonight be it significant or small.

Chairman Clifford Hanehan said he understands.� He then asked Zoning Officer Gil Albert if he understood what Attorney William Reynolds said.

Zoning Officer Gil Albert responded that he has some applicants present tonight with their applications being falsely presented because he didn't include that in their lot coverage; it is a waste of time and highly embarrassing to him.� Had someone notified him or someone else on the Joint Board that this was changed before adopting it, he or the Joint Board would have been able to explain the importance of it being adopted as it was written.� A lot of people put a lot of time, thought and effort into writing it as it was presented, and accepted; to change it and not notify anyone on that Board is disrespectful.

Chairman Clifford Hanehan said it looks like patio is lot coverage for this meeting.

Attorney William Reynolds stated the question being asked is what is a patio?� He believes it is the usual and ordinary definition for patio, unless someone disagrees with it.�

Clarence Fosdick stated the Joint Board workshop discussions were about patio inclusion leading to everything that was hard surface, which the Joint Board did not agree with.� The intent was to include anything that could be made into a building; such as a deck since it can be made into a building and was included, but a patio is far different.

Zoning Officer Gil Albert stated it doesn't change anything right now.� Town Attorney William Reynolds is saying we have to base everything tonight on the law they adopted, which can mess up some of the applications tonight because he didn't include it as lot coverage when reviewing their applications.�

Town Attorney William Reynolds said applicants can choose to table their application pending further clarification based on a possible law change.

Chairman Clifford Hanehan responded that the interpretation they have to go with tonight is what is a logical definition of a patio.�

Attorney William Reynolds said to add deck to that also since that definition was asked for also.

Chairman Clifford Hanehan stated his opinion is to follow the advice of the Town Attorney.

Attorney William Reynolds then read the dictionary definition of patio.� He then added in defense of the Town Board, this Local Law was published, it was made available to all citizens of the Town of Saratoga, it was published on the website and he believes it was distributed to everyone so he doesn't see what the complaint is.�� He then said the applicant asked for a definition of deck.

According to the dictionary, a deck is an open, unroofed wooden porch or platform extending from a house or other building.

Chairman Clifford Hanehan stated that sounds logical and we will now move forward to the next application.

Public Hearings for Area Variance

Madeline Akel #16-07�� Representative:� James Sasko, Teakwood Bldrs.

6 Howe St.�� 8 Butler Pl

Saratoga Springs, NY 12866�� Saratoga Springs, NY 12866

S/B/L 193.-1-1.12 Rural

Location:� Corner of Fitch Rd. & Chapman Hill Rd.

Returning Applicant seeks a two lot subdivision through Planning, but Lot A has only 179.77' of frontage; she needs 200' per regulations.� The Planning Board has sent the Applicant to the ZBA for a 20.23' frontage variance.�

James Sasko, Teakwood Builders, appeared on behalf of Madeline Akel and reviewed her application with the Board.� He explained that he'd been to the Planning Board and they sent him to the Zoning Board for a 20.23' variance in order to subdivide the parcel into two lots with two separate accesses.� He said it is the parcel on Fitch Rd. that requires the variance.�

Chairman Clifford Hanehan asked if there were questions from the Board.

John Deyoe asked if the ditch is just drainage and James Sasko responded as far as he is aware of but testing is being done.�

Chairman Clifford Hanehan asked if there were questions from the Zoning Officer.

Zoning Officer Gil Albert stated he thinks it's a minor variance and they have the acreage and setbacks; it's just a question of road frontage.� Actually they could probably take 20' from the backside without getting a variance if they wanted to, though this is cleaner.

Chairman Clifford Hanehan asked if the Town Attorney had any opinion; he had none.

After providing Proof of Notice in the Saratogian on June 17, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:25 p.m. asking those wishing to speak to please stand and state their name and address:

Bob Hall, Chapman Hill Rd., said it used to be an old farm, there are wetlands there and he's against it.

James Sasko stated he's not had the wetlands delineated yet, but they still have the distances from where the houses will be located, so they will be able to meet setbacks; Army Corp is 100' setback and DEC setback is 50'.

Zoning Officer Gil Albert added that just because an area is wet doesn't necessarily mean it's defined as wetlands and he's sure the Planning Board will address that.

Dale Paiger, Albany, said she was addressing the Board on behalf of other residents and they are against it.

Chairman Clifford Hanehan explained that the Planning Board will address all Bob Hall's� concerns about wetlands, sight distances etc.� He then asked if there were any other questions from concerned citizens; seeing none Chairman Clifford Hanehan closed the Public Hearing at 7:31 p.m.

Chairman Clifford Hanehan asked James Sasko if there was a deed restriction with this property.

James Sasko replied no.

Chairman Clifford Hanehan then asked if Bob Hall knew of any deed restriction and he replied no he didn't.

Bill Moreau stated one lot (if subdivided) has everything needed and the other lacks a bit on frontage.� If a lot-line adjustment can be done there's no need to be before this Board.� The variance will be cleaner, but they could get a lot-line adjustment and go forward.�

Chairman Clifford Hanehan stated the hardship is lacking 20' of frontage for the 4.5 acre lot.� He then went through the area variance Balancing Test line by line with the Board.�

Chris Benn made a motion, seconded by John Deyoe, to grant this variance as applied for

because it is not a substantial request.� Chairman Clifford Hanehan -no, Thomas Carringi - no, William Moreau � no, Clarence Fosdick - no, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - no.� Failed 2 - 5�

Denied

Rex James #16-08

772 Rt. 29

Saratoga Springs, NY 12866

S/B/L 168.-3-9.1� Rural Residential

Applicant seeks to build a 20' x 25' extension to the garage apartment.� In order to do so,� a lot area variance of 34,623 sq. ft., a side setback variance of 13' and a lot width variance of 2' is needed because the existing structure is too close to the side boundary and the total lot area is below the required 120,000 sq. ft.

Applicant failed to appear.

Ian Preston #16-09

97-99 Rodgers Lane

Saratoga Springs, NY 12866

S/B/L 206.6-1-16 Lake Residential

Applicant seeks a 15' back setback variance in order to build an addition to his house, which will

be 10' from the property line.

Ian Preston appeared before the Board and reviewed his application.�

Chairman Clifford Hanehan stated he only needs the one variance and asked if there were any questions from the Board.

Clarence Fosdick questioned if the addition is on the backside of the house; the answer was yes.� He asked if the adjoining lot is vacant and the answer was no and the homes are on the Hill Rd. side of the property.

Zoning Officer Gil Albert stated that the neighbors at 29 Hill Rd. have no concerns with the proposal, they just were worried about encroachment.� Board discussion continued.

Chairman Clifford Hanehan asked for Zoning Officer Gil Albert's opinion.� Zoning Officer Gil Albert stated there's no other place they can put the addition, so he's okay with it.

Chairman Clifford Hanehan asked for the Town Attorney's opinion; he had no opinion.

After providing Proof of Notice in the Saratogian on June 17, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:45 p.m. asking those wishing to speak to please stand and state their name and address; seeing as no one spoke, Chairman Clifford Hanehan closed the Public Hearing at 7:46 p.m.�

Chairman Clifford Hanehan 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 Chris Benn, seconded by Clarence Fosdick, to grant the variance as presented.� Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye.�

Carried� 7 - 0

Approved

Anthony & Lori Scalera #16-10

2701 Doelner Circle

Castleton, NY 12033

S/B/L 193.5-1-17 Lake Residential

Locaation:� 126 Franklin Beach Rd.

Applicants seek to remove the existing house and garage and replace them with a new house and garage; the garage is across the road from the house.� To do this, they need a 1680 sq. ft. area variance, a 22.5' front setback variance, a 20' two sides setback variance and a 1.5' side setback variance.

Anthony and Lori Scalera appeared before the Board and reviewed their application.� They handed out photos to the Board members and neighbor notification receipts to the Clerk.� They explained that the current house has been housing wild cats and needs to be demolished and the structure across the street will be removed also.� The new house with garage and deck will be 2700 sq. ft.�

Lori Scalera added that her parents own the land next door to their parcel and this parcel has been on the market for a long time and is a tear down; the neighbor on the other side had also met them and said that the structures needed to be removed.

Chairman Clifford Hanehan questioned what the square footage of the existing building is and was told 1200 sq. ft.� The new house is to be 2000 sq. ft. with a deck of 700 sq. ft.� He then said several variances are need; some not substantial, a couple very substantial.�

Zoning Officer Gil Albert stated unfortunately the property is divided by a private road.

Chairman Clifford Hanehan stated he's pushing the garage back a bit and is before the Board because he's building on a different footprint than the original.

Anthony Scalera stated they are building this to be their permanent home; it's to be a two story home and will be above the flood elevation.�

Bill Moreau questioned if they can accomplish this and stay within the height regulations; the answer is yes.

The Board discussed the setbacks as well as the proposed garage and that both will be set further back on the parcel than the existing buildings.� The footprint of the house will be 2000 sq. ft. and the deck will be 700 sq. ft.� The garage will have a second floor for storage.

Clarence Fosdick stated the Board usually has conditions that the space above the garage cannot be used as living space.

Chairman Clifford Hanehan asked if they can minimize the 45' frontage on the garage.

Anthony Scalera replied that it's wet the further back they go, but if that is what they have to do they will.

Chairman Clifford Hanehan asked for Zoning Officer Gil Albert's opinion.

Zoning Officer Gil Albert stated the applicants are trying to make it better.� He's at 7' on sides, if it goes back to 10' it may be better.� On the house, he's okay.� The first floor is 2000 sq. ft. and they're trying to stay out of the wet areas with the garage.�

Chairman Clifford Hanehan stated if the house is moved a bit they could get rid of one of the variances.

Zoning Officer Gil Albert said he believes they can tighten it up a bit; they're trying to make it better than the existing structures.�

Chairman Clifford Hanehan asked Town Attorney William Reynolds for his opinion; he had no opinion.

After providing Proof of Notice in the Saratogian on June 17, 2016, Chairman Clifford Hanehan opened the Public Hearing at 8:07 p.m. asking those wishing to speak to please stand and state their name and address.� Seeing as no one spoke, Chairman Clifford Hanehan closed the Public Hearing at 8:08 p.m.�

Chairman Clifford Hanehan asked the Applicants if they are willing to make the small changes and eliminate some of the variances as suggested by the Board; they responded yes.

Nick Schwartz added they could do something with the garage; go back with it since there's more land on that side.� John Deyoe and Bill Moreau agreed.� If the house is moved 1.5' they wouldn't need the two-sides variance.

Chairman Clifford Hanehan 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 Nick Schwartz, seconded by Tom Carringi, to approve with the following conditions: the house site will have a 22.5' front setback variance, two-sides setback variance of 20' (10 feet each side), and a 1,680 sq. ft. total lot area variance.� The garage site is approved for the 45' front yard setback variance and in addition, all other setbacks remain per zoning regulations for the entire parcel.� Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye.� Carried� 7 - 0

Approved

*Zoning Board member William Moreau recused himself for the duration of the following application due to a relationship with the applicant; he then removed himself from the Board.�

Mr. Walt Borisenok #16-11�� Representative:� Attorney Matt Jones of the

1136 Rt. 9P�� Jones Firm

Saratoga Springs, NY 12866�� 68 West Ave.

S/B/L 206.9-2-5.1 Lake Residential�� Saratoga Springs, NY 12866

Applicant seeks a 31.7' front setback and a 21' back setback in order to construct an addition to his home.

Town Attorney William Reynolds stated prior to going forward he had a question for the applicant; there is a narrative section in the application that states 'this application replaces and supersedes the prior application, which is by these presents, withdrawn'.� He wants to be sure that he means the past proceedings, to date, are to be gone.�

Attorney Matt Jones stated portions of the old record will be included to prevent duplication.� This is a new application.� He then stated he is representing Michelle and Walt Borisenok.� Since the month of March his clients have had additional conversations with the neighbors, the Cirillo's, to try to come to an understanding, but have been unable to reach any understanding with them.� They are now down to two variances; they have reduced the size of the structure per Board suggestions.� The structure is smaller, less substantial than the original application.� They cannot do the addition any other way; they have tried and failed to acquire that land that juts into the rear of their property, which would have prevented all of this.� He said the balancing test benefits the applicants because there are no other means to obtain this.� They've made every effort they can without success.� Numerous variances of this size have been granted to many other applicants along Rt. 9P.� They remain below 35% of lot coverage and this application is for two variances, nothing more.��

Town Attorney William Reynolds stated the lot coverage is important here; it was discussed at the beginning of the meeting.� The Applicant needed a variance the first time they were before the Board, and now it is somewhat below, and they're saying it's creeping up closer, but not at 35%.� Their submission tonight does not have everything the Board needs to compute lot coverage percentage.

Attorney Matt Jones responded that in anticipation of that question, they've completed those calculations and proceeded to go over them with the Board.� The existing house and patio are 1819 sq. ft., though not part of this application.� The proposed addition is 2568 sq. ft.� The patio is 700 sq. ft., the breezeway is 424 sq. ft. with a total living area of 3692 sq. ft.

The existing house is 1819 sq. ft. The sum of the existing and the proposed is 5511 sq. ft.�� Total lot area will be 16564 which brings us to a 33.27% of lot coverage.� The 120 sq. ft. shed will remain, the other structures will be removed.� So it will bring the lot coverage to 33.99%.� Architecturally it will look as the house does, and will not be violating the height regulation and visually it will appear as the previously submitted renderings.�

Town Attorney William Reynolds asked if they can supply the Board with a smaller rendering and Attorney Matt Jones replied it will be as the previous renderings which are on file and can be added to this file.� The Board was fine with that.

Chairman Clifford Hanehan asked for the opinion of the Zoning Officer.

Zoning Officer Gil Albert stated he believes the applicant has done a lot to make this better and the lot size is what it is; he doesn't think they are asking for anything extreme compared to many others at the lake.� The hardship was not self created.

Chairman Clifford Hanehan then asked for the opinion of the Town Attorney.

Town Attorney William Reynolds stated he has nothing further than what he's stated previously.

After providing Proof of Notice in the Saratogian on June 17, 2016, Chairman Clifford Hanehan opened the Public Hearing at 8:44 p.m. asking those wishing to speak to please stand and state their name and address:

Attorney Joanne Darcy Crum, Cobleskill NY, stated she would like her submittals to be part of the file and as the representative of the Cirillo's, neighbors of this property, they are against this.� She gave a lengthy speech and reviewed the 1993 application and stated it will have adverse effects on the surrounding neighborhood and the entire hardship is self created. �

Mike Cirillo, 31 Beacon Rd., Glenmont, NY, stated he is against this.

Chairman Clifford Hanehan asked if there were any other comments; finding none Chairman Clifford Hanehan closed the Public Hearing at 8:52 p.m.

Chairman Clifford Hanehan asked if there were any further Board questions.�

Clarence Fosdick questioned the length of the total building with the house and was told 156'.�

Zoning Officer Gil Albert stated the house has nothing to do with this; he's here for the variances for the addition.� Once a variance is given, it's done.� You cannot bring this up and make it part of the application.� The existing house is not included and you can't use it as part of the lot coverage.

Board discussion continued concerning the patio, although the patio is part of the existing house.

Town Attorney William Reynolds asked Attorney Joanne Darcy Crum if she wanted her June 27th letter as part of the record as well as the 1993 minutes as part of the file?��

Town Attorney William Reynolds suggested they be part of the file.� He then stated the most recent application is dated 6/13/16; she's had two weeks to submit anything she may have wanted to, prior to this meeting.

Chairman Clifford Hanehan asked the Board for their opinion.�

Nick Schwartz stated that Attorney Crum put in a memo dated 6/9/16 which they have received; he feels the Board has enough information to go forward and not hold off for any other information from Attorney Crum.

Chairman Clifford Hanehan then began going through the Balancing Test line by line with the Board.�

Attorney William Reynolds requested the Board members say why yes or no for the record.

Chairman Clifford Hanehan read that the Board of Appeals shall balance benefit to an applicant with detriment to health, safety & welfare of the community.� They shall also consider:

1.� whether benefit be achieved by other means feasible to applicant:

Chris Benn stated with the restriction of the land jutting in behind him, no he cannot.� The front setback with the road is existing, so he's making the best of the two.�

2.� undesirable change in neighborhood character or to nearby properties:

Clarence Fosdick stated in his opinion yes due to the mass of the building.�

Tom Carringi stated there are many homes out there on Rt. 9P that look like the proposed and Chris Benn agreed with him.

3.� whether request is substantial:

Chairman Clifford Hanehan said he believes it is substantial but the Applicant has worked hard on changing it to make it less substantial.�

John Deyoe agreed with him.�

Town Attorney William Reynolds said there are nine criteria of whether it is substantial or not.� Seven of them are being met with this application, two of the nine are above and beyond, but when you look at substantial, you look at the whole picture above and beyond the whole scope.

4.� whether request will have adverse physical or environmental effects:�

Nick Schwartz stated no, because they are minimizing the impacts as much as possible and practicable, no additional run-off or storm water issues are associated with this application.

5.� whether alleged difficulty is self-created:�

Town Attorney William Reynolds pointed out that the Applicant has stated in his application that it is self-created.�

Chairman Clifford Hanehan asked if there were any further questions; there were none.

A motion was made by Nicholas Schwartz, seconded by Chris Benn to approve the variances as proposed for the 31.7' front setback and the 21' back setback variances.�� Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � recused, Clarence Fosdick - no, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye.� Carried� 5 - 1

Approved

*At 9:08 p.m. Board Member Bill Moreau rejoined the Board.

Barton Turek #16-06�� Representative:� Bonacio Construction, Inc.

1257 Rt. 9P�� 18 Division St. Suite 401

Saratoga Springs, NY 12866�� Saratoga Springs, NY 12866

S/B/L 193.14-1-14 Lake Residential

Returning Applicant plans to remove his existing garage and construct a new two car garage with second floor storage.� In order to do so, the following variances are required: a 28' front setback and a 5' side setback.

Bruce Sparano, Bonacio Construction, appeared on behalf of the Applicant.� He reviewed the application for the 28' front setback and the 5' side setback.�

Nick Schwartz stated the grade drops at the back of the existing garage, how far down the slope is this with the proposed garage?� Bruce Sparano replied they go down 220', with the existing garage its 225', so it would be 5'.�

Zoning Officer Gil Albert stated they need a 53' variance, not 28' �based upon the new regulations; he had put down 50� for a house, but this is for customary accessory use; noting� that he�s trying to make it better and is restricted by the bank.

The Board asked if the Applicant can rotate it a bit off the corner that is adjacent to the side of the house, to give more room off the side yard to get closer to 10'?�

Bruce Sparano replied that they'd have issues with the turning radius of the automobile.�

Nick Schwartz responded it would give them a larger turning radius.�

Bruce Sparano stated he's before the Board for the 5' variance and the 53' setback variance.� The new structure will be further back than the current and perpendicular with the property.

Clarence Fosdick said he'd gain 11' - 15' if he took Nick Schwartz's advice.�

Bruce Sparano stated this is his second time before the Board; �he wants to wrap it up.� If there's something significant they can do, they're willing to make changes.� He said the existing garage is non-conforming in its current configuration.

The Board told him if he builds on the same footprint he'd not need the side variance.�

Bruce Sparano replied that his client wants a two car garage with storage.

Chairman Clifford Hanehan asked if there were any further questions for the Applicant; seeing none, he asked Town Attorney William Reynolds his opinion; he had no opinion.

Chairman� Clifford Hanehan then asked Zoning Officer Gil Albert his opinion.

Zoning Officer Gil Albert stated there are restrictions due to the bank, they can change the configuration and eliminate the 5' setback.�

After providing Proof of Notice in the Saratogian on June 17, 2016, Chairman Clifford Hanehan opened the Public Hearing at 9:17 p.m. asking those wishing to speak to please stand and state their name and address; seeing no one spoke, Chairman Clifford Hanehan closed the Public Hearing at 9:18 p.m.

Chairman Clifford Hanehan then went through the Balancing Test line by line with the Board.� Chairman Clifford Hanehan read that the Board of Appeals shall balance benefit to an applicant with detriment to health, safety & welfare of the community.� They shall also consider:

1.� whether benefit be achieved by other means feasible to applicant:

Nick Schwarts said with the front variance, no; side variance, yes as long as he moves the building

2.� undesirable change in neighborhood character or to nearby properties:

Board response - no

3.� whether request is substantial:

Bill Moreau and Chairman Clifford Hanehan both said yes for the 53' front variance

4.� whether request will have adverse physical or environmental effects:�

Board response - no

5.� whether alleged difficulty is self-created:�

Chairman Clifford Hanehan stated the land is what it is; he then asked if the Applicant will be willing to rotate the garage to eliminate the side setback variance and Bruce Sparano responded yes.

A motion was made by Nicholas Schwartz, seconded by Clarence Fosdick, to grant the 53' front setback variance.� Chairman Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye.�

Carried� 7 - 0

Approved

Old Business: none

New Business: Town Attorney William Reynolds stated back to the lot coverage issue; if you'd like to advocate to change the law, he's sure that Supervisor Wood will put it on the agenda for the July agenda meeting, and Zoning Officer Gil Albert can speak on it to the Board as well as anyone else who would like to speak on it.� �He wanted everyone to know that when he and Supervisor Wood were talking about lot coverage, lot coverage was formerly defined in the ordinance as occupied by ground area of a building and its accessory buildings.� So they knew they wanted to expand that to include things like decks, porches and/or patios.�

Zoning Officer Gil Albert responded that patios were always off; never intended to be included;

it was a mix up.�

Town Attorney William Reynolds agreed and Zoning Officer Gil Albert said he would attend the agenda meeting to talk with the Board on how to rectify this.

Zoning Officer Gil Albert told the Board that he had asked Steve Mehan, 970 Rt. 29, to attend the meeting tonight to get an idea of what goes on here; he's thinking about possibly becoming a Board member. �The Board was happy to meet him (those who didn't already know him) and said if he's interested he needs to contact the Town Supervisor.

A motion was made by Chairman Clifford Hanehan, seconded by William Moreau to adjourn the meeting at 9:28 p.m.� Chairman Clifford Hanehan -aye, William Moreau � aye, Thomas Carringi - aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye,

Carried 7 - 0

Meeting Adjourned

The next Zoning Board of Appeals meeting will be held July 25, 2016.��

Respectfully submitted,

Linda McCabe

ZBA Clerk