TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

May 23, 2016

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

Chairman Clifford Hanehan reviewed the Rules of the Board.

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

Also present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Jon Spisak, Robert Hall, Dale Pager, Janis Peterson, John Hall, Mr. & Mrs. Michael J. Cirillo, Dennis Wilson 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 Clarence Fosdick, to accept the meeting minutes of April 25, 2016.�� Chairman Clifford Hanehan -aye, Thomas Carringi - absent, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nick Schwartz - abstained due to not being in attendance of last month's meeting.�

Carried �5 - 0

Approved

Area Variance

Jon D. Spisak #16-05

1344 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 193.6-1-48 Lake Residential

Returning Applicant seeks to remove the existing home and construct a larger, year round residence.� In order to do this, the following variances are needed: front setback of 12.8', two-sides setback of 24.3', side setback of 12.2', minimum lot width of 40' and minimum frontage of 40'.

The Applicant appeared before the Board and reviewed his application, stating he purchased the property in October and plans to remove the old camp and construct a new year round house for his family.� He said there is also a two-story, four car garage with a two bedroom, two bathroom apartment on the second floor on the property.�

Zoning Officer/Building Inspector Gil Albert stated he's talked with the Applicant and he's trying to improve the property; this was the best they could do.

Chairman Clifford Hanehan stated he gains a foot on the north side and loses 6' on the south side.� He then asked if anyone had any questions for the Applicant.

Chris Benn said the Applicant is basically adding 10' to the width of the proposed house compared to the existing camp.

Nicholas Schwartz questioned if he will be raising the grade or raising the first floor of the house.

The Applicant responded he'll have to put in a crawl space or raise the foundation due to regulations.

Zoning Officer/Building Inspector Gil Albert added most of the time they have to raise the grade due to the flood plain there, explaining that FEMA is really cracking down with their regulations now.

Nicholas Schwartz asked if, by adding the filter grade, there will be issues with the neighboring land and Zoning Officer/Building Inspector Gil Albert responded no, the neighbor has done basically the same thing.� There's no drainage out there, so he has most everyone put in swales along the property lines.

Chairman Clifford Hanehan asked Zoning Officer/Building Inspector Gil Albert for his opinion.

Zoning Officer/Building Inspector Gil Albert stated he is fine with this.� The Applicant is trying to make it better and he doesn't believe it's excessive.

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

Chairman Clifford Hanehan then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

After providing Proof of Notice in the Saratogian on May 13, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:15 p.m. asking those wishing to speak to please stand and state their name and address; no one addressed the Board.

Seeing as no one spoke, Chairman Clifford Hanehan closed the Public Hearing at 7:16 p.m.�

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

Chris Benn questioned if both structures are included in the percentage of lot coverage and the Applicant responded yes.

Chairman Clifford Hanehan reviewed the Summary of Area Criteria Balancing Test and went through it line by line with the Board; the Board found in favor of the Applicant.

Clarence Fosdick made a motion, seconded by Chris Benn, to grant the variances as proposed.� Chairman Clifford Hanehan -aye, Thomas Carringi - absent, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nick Schwartz - aye.

Carried 6 - 0

Granted

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

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 Bono, architect for Bonacio Construction, Inc., did not provide proof of mailing their neighbor notifications, so the public hearing had to be postponed until the following month.� He asked if he could speak to the Board and the Board graciously allowed him to speak.� He then asked if he could have the public hearing with an approval contingent upon providing the receipts of mailing at a later date.�

Chairman Clifford Hanehan responded no, the Board must have proof that the neighbor notifications of the public hearing were sent prior to opening a public hearing.� The Board has no way of knowing if the neighbors were notified without those receipts and it is a responsibility of the Board to give the neighbors the opportunity to be heard if they so choose.�

Bruce Bono stated the Applicant plans to remove the existing garage and build a two-car garage with second floor storage space.� To do so, they have to shift the orientation of the garage in order to obtain access into it because it's larger and the space is limited, which is why they need the side setback variance.

Zoning Officer/Building Inspector Gil Albert questioned where they will relocate the propane tank; Bruce Bono was unsure.� Zoning Officer/Building Inspector Gil Albert told him to please be sure and have the location indicated on the survey.

Chairman Clifford Hanehan questioned the dimensions of the current garage.

Bruce Bono stated 22' x 18'.� He add the proposed garage will be 30' x 30' with a second story for storage.� There will be a 4' knee wall and then goes straight up in the center.

Chairman Clifford Hanehan stated he has concerns with the overhead garage space; the Board doesn't want it used as living space.�

Bruce Bono stated he's just the architect not the owner, so he is only presenting the design which is within code.� He then asked where in the Town's code does it state one cannot have living space over the garage?

Zoning Officer/Building Inspector Gil Albert stated it will be clearly stated in the minutes and in the notice of action that the second floor of the garage is not to be used for living space.

Bruce Bono replied he's there only for approval of the building.

Nicholas Schwartz questioned if there will be issue with the overhead wires.

Bruce Bono stated they're not changing utility lines there.

Nicholas Schwartz stated that he shows the structure going under that utility line out there.

Zoning Officer/Building Inspector Gil Albert said Bruce Bono will need to get National Grid permission.

Bruce Bono stated he's only looking for approval on the drawing.

The Board discussed the requested variances.� Chairman Clifford Hanehan asked if there were any further questions; finding none he told Bruce Bono a public hearing will be held next month and to be sure and bring in the receipts of the neighbor notifications.

Returning

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.

Applicant seeks a two lot subdivision through Planning, but only has 179.77' of frontage for Lot A.� The Planning Board has sent the Applicant to the ZBA, with a positive recommendation, for a 20.23' frontage variance.�

*Due to a sudden death in Mr. James Sasko's family, he had to be in Michigan and was unable to attend the meeting.� Public hearing will take place at the June 27th meeting.� Our sympathy goes out to him and his family.

Old Business: Zoning Officer/Building Inspector Gil Albert updated the Board on the Borisenok application.� He said he talked with Mr. Borisenok as requested and stated this is unofficial information.� He reviewed the new drawing (that Mr. Borisenok brought to him for his input) with the Board for their input, adding the drawing has not yet been officially submitted.� The drawing shows a reduced footprint.� He is now needing only two variances which is an improvement.� He's meeting setbacks, eliminated sides setbacks; looking for front and back only; he is trying to become more compliant.

New Business:

A motion was made by Clarence Fosdick, seconded by Chris Benn to adjourn the meeting at 7:47 p.m.� Chairman Clifford Hanehan -aye, William Moreau � aye, Thomas Carringi - absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Nicholas Schwartz - aye,

Carried 6 - 0

Meeting Adjourned

The next Zoning Board of Appeals meeting will be held May 23, 2016.��

Respectfully submitted,

Linda McCabe

ZBA Clerk