� �����TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
March 26, 2018
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 � present, Thomas Carringi � absent, Clarence
Fosdick � present, Christopher Benn � present, Nicholas Schwartz - present, Steve
Mehan - present, Alternate Member Mark Sullivan - present.
Due
to the absence of Board Member Thomas Carringi, Alternate Member Mark Sullivan
was elevated to full voting status.
Also
present: Zoning Officer Gil Albert, Scott Morrison, Eileen and Michael Stewart
and Terri Korb. �(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 February
26, 2018.�� Chairman William Moreau �
aye, Clifford Hanehan - aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye.
Carried �7 - 0
Approved
Public Hearings for Area
Variance
Robert
Weeks� #18-03
1324
Rt. 9P
Saratoga
Springs, NY 12866
S/B/L
193.10-1-11 Lake Residential
Applicant moved his deck and due to the
stair design impeding into the setback, he seeks a 10' front setback variance.
Scott Morrison
appeared on behalf of the Applicant.� He
reviewed the issues with the deck and stairs with the Board, stating he made a
mistake with his calculations upon building the deck.� The Applicant didn't want railings to disrupt
the view so they wrapped the entire deck with steps and didn't realize with
doing so, that the deck would end up 6' beyond where it should have.� He didn't realize the steps would be included
with the measurement and that it would end higher up on elevation than he
anticipated.
Zoning
Officer/Building Inspector Gil Albert stated normally the stairs are not included
in the deck measurement, but when you completely wrap them around the deck it
has to be included and that is what caused him to be 10' into the setback.� Since the stairs wrap the entire deck, they
only need rails for the stairs.� Setback
is to be 40' and the Applicant is 10' in that setback.
Chris Benn
questioned if rails are needed due to height and Zoning Officer/Building
Inspector Gil Albert reiterated no, since the stairs wrap all the way around it,
he has to have railings for the stairs only.
Zoning
Officer/Building Inspector Gil Albert stated he asked the Applicant four times
to supply larger maps for the Board and asked Clerk Linda McCabe if she had
received any maps.� Clerk Linda McCabe
responded she had not, aside from what was in the packets.
After Board
discussion concerning the inability to read any measurements on the submitted
map, the Board requested the Applicant supply a larger, legible map. Scott
Morrison tabled the application until next month in order to provide the Board
with more information and maps that are legible.
Tabled by Applicant �
Michael
J. Stewart #18-04
1310
Rt. 9P
Saratoga
Springs, NY 12866
S/B/L
193.10-1-22 Lake Residential
Applicant seeks a 24.75' front setback variance and a 3' two-sides setback variance in order to build a new house.
Applicant Michael
Stewart appeared before the Board and reviewed the variances he requests in
order to build his
new house.
After a lengthy
discussion with the Applicant concerning the size of the house and the location
of the well, the Board requested the Applicant redraw his plans and bring it
down in size in order to reduce the variances requested.�� The Applicant didn't want to do that as he's
already had the plans drawn up.�
Chairman William
Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert.
Zoning Office/Building
Inspector Gil Albert responded just because the Applicant had prints done up prior
to coming before the Board doesn't mean they can't be changed, it means he's in
the planning stage.� This is exactly the
reason he tells all applicants to only bring in a sketch plan, as they don't
know what the Board will say.�
Chairman William
Moreau asked for the opinion of William Reynolds, Attorney for the Town.
Attorney William
Reynolds replied there is not enough information on two counts of the Balancing
Test.� In his opinion there is
insufficient data to go forward at this point.
Chairman William
Moreau explained to the Applicant that the Board goes through a Balancing Test
and the Board votes based upon that outcome.�
As the Board is asking for more information, the Applicant can table
this in order to provide the Board with the requested information, or the Applicant
can choose to risk going forward and see how the Board will vote; it is up to
the Applicant.�� Seeing as the Applicant
said nothing further, Chairman William Moreau proceeded with opening the public
hearing.
After providing Proof of Notice in the Saratogian on March
16, 2018, Chairman William Moreau opened the Public Hearing at 7:48 p.m. asking those wishing to speak, to please stand and
state their name and address:�
Terri Korb, Hill Rd.,
questioned what is a want and need here; it seems more information needs to be
gathered.
�Seeing as all had spoken who wished to speak, Chairman William Moreau closed the Public
Hearing at 7:49 p.m.
After
further discussion with the Applicant, the Board reiterated they had
insufficient data and asked for new drawings to scale, with a smaller footprint
and a qualified cost analysis of impact to the Applicant concerning a new well
versus restructuring the design of the house.�
Applicant
tabled the application until next month in order to look into redesigning the
house and/or cost effectiveness of a new well.
Tabled by the Applicant
Old Business:
None
New Business:
None
A motion was made by Nicholas Schwartz, seconded by Mark
Sullivan, to adjourn the
meeting at 8:07 p.m. �Chairman
William Moreau � aye, Clifford Hanehan -aye, Thomas Carringi - absent, Clarence
Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye,
Mark Sullivan - aye.
Carried� 7- 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held April
23, 2018.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~