� ����TOWN
OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
October 23,
2017
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, Nicholas Schwartz - present, Steve
Mehan - present, Alternate Member Mark Sullivan - present.
Also
present: Town Attorney William Reynolds, Zoning Officer Gil Albert, Jane
Mastaitis and Walter Hayes. (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 August 28,
2017.�� 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
Approved
Public Hearings for Area
Variance
Jane
and Steve Mastaitis #17-14����������������� Representative:� George Olsen, Olsen Architects
150
Franklin Beach Rd.������������������������������������������ ������������� ����36 Long Alley 202
Saratoga
Springs, NY 12866����������������������������������������������� ���� �Saratoga
Springs, NY 12866
S/B/L
193.5-1-2 Lake Residential
Location:� 148 Franklin Beach Rd.
Returning Applicants seek a 20.72' front setback, 2.86' one side setback, 10' side setback (total two sides setback of 12.86') and 11.59' rear setback variances to construct a new house.� They also seek a 32.56' front setback variance to construct a new garage.
Applicant Jane
Mastaitis appeared before the Board and reviewed her application.� She stated she lives at 150 Franklin Beach
Rd. and the property before the Board is located at 148 Franklin Beach Rd.� She said that property received a lot of
flood damage in 2011; 300 gallons of water was removed from the crawl space and
they found severe damage was done to the foundation and structure of the
home.� After looking into refurbishing
the home, they found it would be more cost effective to rebuild it.� They are before the Board asking for area
variances on the house and garage.� The
property is split by the road; the house is on one side of the road and garage
on the other.� Although this is a
non-conforming lot, their project will enhance the surrounding neighborhood as
have the other homes that have been renovated or rebuilt there.
Clifford Hanehan
questioned if this is to be two stories.
Applicant Jane
Mastaitis replied yes.
Zoning Officer/Building Inspector Gil Albert questioned the size of the deck on
the garage.
Applicant Jane
Mastaitis responded it has been removed, as they want the garage to match the
house in appearance.
Clifford Hanehan
questioned how this has changed since they were before the Board a couple of
months ago.
Applicant Jane
Mastaitis replied they have removed the apartment above the garage; they only
want storage space there, as they have no basement and need storage area.
Zoning Officer/Building Inspector Gil Albert stated coverage is lower than
previously asked for and the lot width and frontage is existing, so it doesn't
play into this.� The Board agreed.
Clifford Hanehan
stated total combined coverage is 34.5% instead of 36% and Zoning Officer/Building Inspector Gil Albert replied yes.
Chairman William
Moreau asked if there were any further questions of the Board; there were none.
After providing Proof of Notice in the Saratogian on October
13, 2017, Chairman William
Moreau opened the Public Hearing at 7: 12 p.m. asking those wishing to speak, to please stand and
state their name and address.� Seeing as
no one spoke, Chairman William Moreau
closed the Public Hearing at 7:13 p.m.
Chairman
William
Moreau then read the letter from the Saratoga County Planning
Board which indicated no significant county wide or intercommunity impacts.
Chairman
William
Moreau then
went through the balancing test,
line by line, with the Board.� The Board
found in favor of the Applicant.
Chairman William
Moreau asked for the opinion of Zoning Officer/Building Inspector Gil Albert.�
Zoning Officer/Building Inspector Gil Albert stated this is an improvement and
he is fine with it.
Chairman William
Moreau asked the opinion of Town Attorney William Reynolds.
Town Attorney
William Reynolds stated he had no opinion.
Chairman William
Moreau asked if there were any further questions or concerns of the Board;
there were none.�
A motion was made by Clifford Hanehan, seconded by Thomas
Carringi, to grant the variances as requested with no living quarters above the
garage.� 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
Granted
Walter and Tracy Hayes #17-15
256
Burgoyne Rd.
Schuylerville,
NY 12871
S/B/L
169.-1-66 Rural
Applicants seek a 25' two sides setback variance and a
4' side setback variance in order to build an addition onto their existing home.
Applicant Walter Hayes appeared
before the Board and reviewed his application.�
He stated
his father-in-law's home is
576 square feet (24' x 24') and he proposes to build an addition onto it.� The addition is to be 720 square feet and he
and his wife will occupy that portion of the home.� It will be connected by a 12' x 12'
breezeway.� The home, when completed,
will contain one kitchen, 2 bedrooms and 2 bathrooms and is on 1.4 acres.� He seeks side setback variances in order to
do the addition.
Zoning Officer/Building
Inspector Gil Albert questioned the size of the septic.
Applicant Walter Hayes stated
it was new in 2002/2003 when they built the house for his father-in-law.� He does not know the size; Gil Albert said
he'll check the old file.� The Applicant
stated if need be, he can alter the septic.
Chairman William Moreau asked
for the opinion of Zoning Officer/Building Inspector Gil Albert.
Zoning Officer/Building
Inspector Gil Albert stated he's fine with this.� The lot is narrow; he can't go further back
due to the septic and can't go forward.�
25' overall is not bad and it's the best that can be done on that
parcel.
Chairman William Moreau then
asked for the Town Attorney's opinion.
Town Attorney William
Reynolds stated he had no comment.
After providing Proof of Notice in the Saratogian on October
13, 2017, Chairman William
Moreau opened the Public Hearing at 7:20 p.m. asking those wishing to speak to please stand and
state their name and address.� Seeing as
no one spoke, Chairman William Moreau
closed the Public Hearing at 7:21 p.m.
Chairman William Moreau asked
if there were any further questions of the Board; there were none.
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 Clarence Fosdick, seconded by
Christopher Benn, to approve the 25' two-sides variance and the 4' side setback
variance as requested.� 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
Granted
Old Business:
None
New Business:
Clifford Hanehan questioned what was going on with the Rt. 29 subdivision.� Zoning Officer/Building Inspector Gil Albert
stated the road is going in and he believes Caruso Builders of Schenectady are
to be the builders.�
A motion was made by Clarence Fosdick, seconded by Nicholas
Schwartz, to adjourn the meeting at 7:25 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 November
27, 2017.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~