��������
TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
September 28,
2020
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,
Christopher Benn � present, Steve Mehan - present, Mark Sullivan � present, Mark
Solan - present.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Matthew
Huntington, Michael Phillips and Terri Korb. ��(Sign-in
sheet is on file in the Clerk�s office.)
Approval
of Minutes: A motion was made by Christopher
Benn, seconded by Steve Mehan, to accept the meeting minutes of August 24, 2020
as written.�� Chairman
William Moreau � aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher
Benn - aye, Steve Mehan - aye, Mark Sullivan � aye, Mark Solan - aye.
Carried� 7 - 0
Approved
Public Hearing for Area Variance
Michael Phillips #20-06
1316 Rt. 9P
Saratoga Springs, NY 12866
S/B/L 193.10-1-19 Lake
Residential
Applicant seeks a two-sides setback variance of 20� and a side setback variance
of 6�, as his foundation was incorrectly and accidentally placed based upon old
regulations; setbacks are now based upon roof drip-lines, not foundation.
Applicant Michael Phillips
appeared before the Board and reviewed his application, stating this is a
follow-up to his previously granted variance.�
This is 6 inches off from the originally granted variance and on the
corner of Fitch Rd.�
Zoning Officer/Building
Inspector Gil Albert stated it�s a foot off.�
Setbacks are measured from drip line and they measured from the
foundation.� The Town changed that point
of measure 2 � 3 years ago.
Applicant Michael Phillips
stated he takes full responsibility; it was miscommunication between himself
and his surveyor and engineer.� He is
here to remedy this by asking for another variance.�
Chairman William Moreau asked
if the house increased in size.�
Zoning Officer/Building
Inspector Gil Albert responded no.� The
foundation is within the
�required setback, it�s
the overhang.� The problem is only that
one corner point and he does not believe this was intentional.
�M Chairman William Moreau asked if there were
any Board questions.
Steve Mehan asked if there
was any other way to remedy this and Clifford Hanehan responded aside from moving
the house or the road, no.
Chairman William Moreau
questioned if the drainage issues on the corner have been corrected.
Zoning Officer/Building
Inspector Gil Albert responded the Applicant�s taken care of that and there are
signed, stamped engineered drawings as well.�
After providing Proof of Notice
in the Saratogian on September 18, 2020, Chairman
William
Moreau opened the Public Hearing at 7:08 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 7:09 p.m.
Chairman William Moreau asked if there were
any further Board comments or concern; there were none.�
Chairman William Moreau went through the Balancing
Test for Area Variance line by line with the Board, to balance benefit to the
Applicant with detriment to health, safety & welfare of the community:
1.� Whether
benefit can be achieved by other means feasible to applicant � Clifford
Hanehan stated with the house and the road no, Chairman William Moreau agreed
as did all the Board members; they replied no.
2.� Undesirable
change in neighborhood character or detriment to nearby properties � Thomas
Carringi said no, Mark Sullivan, Mark Solan, Clifford Hanehan said no, Chairman
William Moreau said no, main impact is on Fitch Rd. not adjoining resident, but
not a detriment and all Board members agreed and replied no detriment to the
question.
3.� Whether
request is substantial � Clifford Hanehan stated the addition is not
substantial, Chairman William Moreau said no, Christopher Benn said no and Board
members agreed.
4.� Whether
request will have adverse physical or environmental effects �Clifford
Hanehan added with the drainage being over engineered at a factor of 5, no.� Chairman William Moreau added at the corner, right, and it�s a foot closer to Fitch Rd. but even with
snow and ice he doesn�t think it�s much of a detriment, so no adverse effects
and Board members agreed.� Zoning Officer
/Building Inspector Gil Albert stated it�s 100% better now.
5.� Whether
alleged difficulty is self-created (relevant but not determinative) � All Board
members replied yes; the Applicant stated earlier it was his error.
The Board found in favor of the Applicant.
A motion was made by Clifford Hanehan, seconded by
Thomas Carringi, to grant the
variance as
presented in order to adjust the position of the house.� Chairman William
Moreau � aye, Clifford
Hanehan - aye, Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan -
aye, Mark Sullivan � aye, Mark Solan - aye.
Carried� 7 - 0
Granted
Returning Area Variance
Paula Keller #20-05�������������������������������������������������� Representative:
Matthew Huntington
55 Railroad Pl.
Saratoga Springs, NY 12866
S/B/L 156.-3-42.3 Rural District
Location: 168 Burgoyne Rd.
Last month a public hearing was
held for this application and the Board recommended the
Applicant
do a lot-line adjustment to forego
the requested side variances.� To review,
the returning Applicant seeks to construct a 34� x 25� three-car garage, an 1100+/-
square ft. second story addition, as well as a walk-out basement, to her
existing non-conforming residence.� The
total addition is approximately 2900+/- square ft.� The Applicant seeks a front set back variance
of 33.11� to complete this project.�
Matthew
Huntington, Studio A, appeared on behalf of the Applicant, reviewed the Applicant�s
property lines with the Board and how they�d like to adjust those lines.� He said in doing so, they create another
non-conforming area where the barn is.
Zoning
Officer/Building Inspector Gil Albert stated the barn and its setbacks are
pre-existing so that�s fine as long as you don�t do anything there; the Board
agreed.� He then questioned why the Applicant
is leaving that 16� sliver of land, to the left, adding the Applicant will have
to explain that to the Planning Board.
Clifford Hanehan
questioned what that sliver of land is used for.
Matthew Huntington
didn�t know aside from it is existing and about 20� wide.� �
Chairman William
Moreau clarified with the easterly line, that�s not being touched and you�re doing
the addition of the house and garage to the existing structure.
Matthew Huntington
replied correct.
Chairman William
Moreau asked if there were any Board questions or comments; there were none.
After providing Proof of Notice in the
Saratogian on September 18, 2020, Chairman
William Moreau opened the Public Hearing at 7:17
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 7:18 p.m.
Chairman William
Moreau asked if there were any further Board comments or concern; there were
none.�
Chairman William
Moreau went through the Balancing Test for Area Variance line by line with the
Board, to balance benefit to the Applicant with detriment to health, safety
& welfare of the community:
1.� Whether benefit can be achieved by other
means feasible to applicant � Clifford Hanehan
responded no, not without moving the house.� Chairman William Moreau stated correct, and
they adjusted the one lot-line to make it comply, which makes it a better resolution
and the Board �members
agreed.
2.� Undesirable change in neighborhood
character or detriment to nearby properties � Clifford Hanehan,
Christopher Benn and Board members replied no, and it is an improvement.� Chairman William Moreau added the next door neighbor
is equally as close to the road as this.
3.� Whether request is substantial � Board
members Mark Sullivan, Mark Solan, Thomas Carringi replied no, Chris Benn said
it�s an existing lot, Chairman William Moreau agreed
and added you can�t move the house.
4.� Whether request will have adverse physical
or environmental effects � Chris Benn said no, Chairman William Moreau
agreed, adding there�s plenty of space to do that, Clifford Hanehan said large
lot, existing house/structure, doesn�t see any detriment, Chairman William
Moreau added there�s plenty of space between the existing well and both septic
systems, all Board members agreed it�s a large lot, existing house, no detriment
and distances are fine.
5.� Whether alleged difficulty is self-created
(relevant but not determinative) � Mark Sullivan stated no it�s
pre-existing, Chairman William Moreau agreed that it�s pre-existing house and
the road is where it is.� All Board
members agreed.
The Board found in
favor of the Applicant.
Chairman William
Moreau asked for comments from Town Attorney William Reynolds and Zoning Officer/Building Inspector Gil Albert.�
Town Attorney
William Reynolds reminded Matthew Huntington that the Applicant has to go
before the Planning Board.
Zoning
Officer/Building Inspector Gil Albert stated he is fine with this.
A motion was made by Mark
Sullivan, seconded by Mark Solan, to grant the variance as presented.� Chairman
William Moreau � aye, Clifford Hanehan - aye, Thomas Carringi - aye, Christopher
Benn - aye, Steve Mehan - aye, Mark Sullivan � aye, Mark Solan - aye.
Carried� 7 - 0
Granted
Old Business: �Town Attorney William Reynolds told the Board the ZBA has been served with a second Article 78 by Mr. Vale, challenging the variance granted concerning the Van Horn property at last month�s meeting.� This will be the second court action concerning this application.�
Clifford Hanehan questioned what the Article 78 is based on.�
Town Attorney William Reynolds replied he believes it�s based on merits of the application; this will be restating prior arguments and hopefully based upon merits by the Judge.�
Clifford Hanehan questioned, in Town Attorney William Reynolds� opinion, if the Judge did not get to the merits because he felt the Board didn�t clarify enough.�
Town Attorney William Reynolds replied that�s correct that he didn�t get to the merits, but you can�t read anything into the court�s decision one way or the other about the merits of the application, because it was really a procedural decision.�
Clifford Hanehan responded the Judge sent it back before he got to the merits?�
Town Attorney William Reynolds responded correct. �
New Business:
A motion was made by Clifford Hanehan, seconded by Steve
Mehan, to adjourn the
meeting at 7:30 p.m. �Chairman William Moreau � aye, Clifford Hanehan - aye, Thomas
Carringi
- aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan � aye, Mark Solan
- aye.� Carried�
7 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held October
26, 2020.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~