� �������TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
November 25,
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 � present, Thomas Carringi � present, Clarence
Fosdick � present, Christopher Benn � present, Steve Mehan - present, Mark
Sullivan - present.
Also
present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Robert
Bolen, Melissa Murdock, Joanne Rohrig, 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 Mark Sullivan, to accept the meeting minutes of September
23, 2019.�� Chairman William Moreau �
aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye,
Christopher Benn - aye, �Thomas Carringi
- aye, Mark Sullivan - aye.
Carried �7 - 0
Approved
Public Hearings for Area
Variance
Robert
A. Bolen #19-08������������������������������������������� Owner:� Melissa Murdock
108 Circular St.�����������������������������������������������������������������������
30 Division St.
Saratoga
Springs, NY 12866����������������������������������������������� �� Saratoga Springs, NY 12866
S/B/L
180.18-1-15.2 Lake Commercial
Location:� 1453 Rt. 9P
Applicant seeks a lot area
variance of 35,139', front setback of 43', back setback of 49', two-sides
setback of 57.2', minimum lot width variance of 95' and minimum frontage
variance of 95', to convert a pre-existing, vacant restaurant into a
professional office.� The Applicant
appeared before the Planning Board for a Special Use Permit but due to
variances being needed, they have sent this application to the Zoning Board of
Appeals; the Planning Board agreed this proposal is a good reuse of the
property.�
Robert Bolen appeared before the Board on behalf of Melissa Murdock and
explained that they would like to turn the Old Anchor Inn bar, located at 1453
Rt. 9P, into a law office, using the existing structure with some renovations to
be done on the inside.�
Clarence Fosdick questioned if this is a referral by the Planning Board for
a Special Use Permit and Robert Bolen replied yes.�
Zoning Officer/Building Inspector Gil Albert stated the Planning Board
thinks this is a good use for this nonconforming property, but variances are
needed.
Attorney William Reynolds stated there are some legal issues with
this.� This application is not for an area
variance, this is a change of use, so it is for a use variance.� He then reviewed the criteria for
non-conforming uses, Chapter 400-12, in the Zoning Regulations and Code book
with the Board.� Under Subsection C -
(1), it states "once abandoned, a nonconforming building, structure or use
of land shall not be reestablished unless such reestablishment is approved by
the Zoning Board of Appeals.� When
reviewing an application for the reestablishment of an abandoned nonconforming
use, the Zoning Board of Appeals shall employ the criteria necessary for the
granting of a use variance."� �It was determined that as the nonconforming
use of the property was abandoned for 2+ years with the former use, that use
cannot be reestablished.� Subsection E -
(2), states "a nonconforming building, structure or use of land may be
changed to another nonconforming use which, in the opinion of the Planning
Board, is of the same or less intensive classification."�
Clifford Hanehan stated the Planning Board is looking for a use that is
less intensive than a bar, less traffic, less parking, hours etcetera.� This is for a real estate law firm and he
feels it is a great use for that parcel.
Zoning Officer/Building Inspector Gil Albert added they are trying to
make it better for what they can do.�
Attorney William Reynolds then reviewed Chapter 400-66, D. Use
Variances, with the Board.
Chairman William Moreau thanked Attorney William Reynolds for reviewing
the information with the Board.
Chairman William Moreau then read the findings from the Saratoga County
Planning Board which stated 'No significant county wide or intercommunity
impact.'
After providing Proof of Notice in the
Saratogian on November 15, 2019, Chairman William Moreau opened the Public Hearing at 7:15 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 7:16 p.m.
Chairman William Moreau asked if there were any further Board comments
or concern; there were none.�
Chairman William Moreau went through the Summary of Use Variance
Criteria, line by line, with the Board; the Board found in favor of the
Applicant.
Chairman William Moreau questioned if the sign outside will be changing.
The Applicant replied most likely and they will be sure to do it
properly according to Town regulations.
Zoning Officer/Building Inspector Gil Albert stated he will see to that
and added that currently it is in the NYS DOT right-of-way.� The Applicant will have to get a permit
through DOT to keep it there.�
A motion was made by Christopher Benn, seconded by Clarence
Fosdick, to approve establishing the new nonconforming use of this property as
presented. �Chairman William Moreau � aye, Clifford
Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher Benn -
aye,� Thomas Carringi - aye, Mark
Sullivan - aye.
Carried� 7 - 0
Approved
JoAnne Rohrig #19-09
7 Flax Mill Lane
Milford, CT 06461
S/B/L 196.-2-2.1 Conservancy
Location:� 113
River Rd.
Applicant seeks variance to
allow and modify her existing pavilion to remain between the Town's
right-of-way and the river.� This
Applicant was told by the Board three (3) years ago to remove the structure;
she is non-compliant to date.
Applicant appeared before the
Board and stated she was here 3 years ago about the structure and Zoning
Officer Gil Albert has been out there numerous times.� She said she'll move the structure by June -
the part that is in the Town's right-of-way.
Zoning Officer Gil Albert
stated the remaining portion of the structure is still within the setback and
doesn't meet regulations; it's not even 25' from the river's edge.�
Attorney William Reynolds
stated it is clearly illegal to approve any structure in the Town's
right-of-way.
Applicant stated they are
asking to be on the right-of-way, any further and it's in the river.
Zoning Officer Gil Albert
stated the right-of-way in that district is 50' and they have to go back 16'
from the road, so they need to remove 12' of the structure.�
A discussion ensued between
the Board and the Applicant's son as the application information doesn't match
the numbers on the submitted drawings.�
The Board concluded they need to go back 16'
Christopher Benn stated they
have the same square footage for the structure, but it will be more narrow and
longer.� He then stated that the Highway
Superintendent said as long as it is out of the right-of-way he's okay with
it.� Legally you can't have anything in
the Town's right-of-way.
Chairman William Moreau
stated the Town cannot be held liable if any damage occurs to it when the road
is plowed if it's only 1' off the right-of-way.�
Steve Mehan questioned if the
stairs are on the water line.� If so,
they'll need a permit from the Canal Corp.
Clarence Fosdick questioned
when the Board has ever done a zero setback.
Attorney William Reynolds
asked Zoning Officer Gil Albert to clarify the history of this issue.�
Zoning Officer Gil Albert
stated the Applicant built this without a permit 3 years ago.� He put a stop work order and told them they
needed to come before the Board; the Board told them to remove it a year and a
half to two years ago.� They continue to
be noncompliant.
Attorney William Moreau
stated the application says the front setback is 30'.�
Zoning Officer Gil Albert
said that number is wrong, it is 75' with an accessory structure per Town
regulations.� The variance is for 75'
Applicant stated she's trying
to beautify it there by enhancing the property.
Attorney William Reynolds
asked Zoning Officer Gil Albert to describe it.
Zoning Officer Gil Albert
replied they've built a pavilion/ large gazebo with stairs in the Town's
right-of-way without a building permit.�
It's well built, but non-permitted.
After providing Proof of Notice in the
Saratogian on November 15, 2019, Chairman William Moreau opened the Public Hearing at 7:35 p.m. asking those wishing to speak, to
please stand and state their name and address:
Terri Korb, 7 Hill Rd., questioned if this is approved, will it allow
others to do the same thing.
Chairman William Moreau responded the Board takes each application on a
case by case basis.
�Seeing as no others wished to
speak, Chairman William Moreau closed
the Public Hearing at 7:36 p.m.
Chairman William Moreau went through the Balancing Test, line by line,
with the Board.
Attorney William Reynolds questioned the dimensions.� He was told it currently is 17' x 17' and
will become 10' x 17'.
A motion was made by Christopher Benn, seconded by Thomas
Carringi, to approve the 75' front setback variance as long as it is out of the
right-of-way, as it is a nice structure.� Chairman William Moreau � nay,� Clarence Fosdick - nay, Steve Mehan - nay,
Christopher Benn - aye, Clifford Hanehan - nay, Thomas Carringi - aye, Mark
Sullivan - aye.�
Denied �4 - 3
The
Applicant was told they will have to move the structure a minimum of one foot
off of the right-of-way line as the Board will not entertain a zero setback.
The
Applicant's son questioned why and Chairman William Moreau replied because he
said so.� He added the Board is trying to
work with them, but they can have them just remove the structure as well.
The
Applicant's son said if moving the structure one foot is going to make or break
this, then they'll move it the one foot.
A motion to amend the motion
denied, was made by Chairman William Moreau and seconded by Mark Sullivan, to
move the structure one foot (1') or more off/out of the Town's right-of-way
boundary line.� Chairman William Moreau � aye,
Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - aye, Christopher
Benn - aye,� Thomas Carringi - aye, Mark
Sullivan - aye.
Carried� 7 - 0
Approved
Chairman
William Moreau reiterated that the Applicant needs to contact the NYS Canal
Corp. for a permit if the structure is on the water line or in the water way.
Old Business:
New Business:
A motion was made by Clifford Hanehan, seconded by Thomas
Carringi, to adjourn the
meeting at 7:51 p.m. �Chairman William Moreau � aye, Clifford Hanehan - aye, Clarence Fosdick
- aye, Steve Mehan - aye, Christopher Benn - aye,� Thomas Carringi - aye, Mark Sullivan - aye.
Carried� 7 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held January
27, 2020.��
Respectfully submitted,
Linda McCabe
ZBA Clerk�����������������������������
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~ Meeting dates are subject to change ~