� ��������������
TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
October 26,
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 � absent, Thomas Carringi � present,
Christopher Benn � present, Steve Mehan - present, Mark Sullivan � present, Mark
Solan - present.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Jim Vianna, Alton
Knapp,
Chris
Camarata, Michael Wotzak, Steven Gill, Jeff Reardon, Vince Sleasman, Steve
Sleasman and Martin Sleasman. ��(Sign-in sheet is on file in the Clerk�s office.)
Approval
of Minutes: A motion was made by Thomas
Carringi, seconded by Mark Sullivan, to accept the meeting minutes of September
28, 2020 as written.�� Chairman William Moreau � aye, Clifford Hanehan - absent,
Thomas Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan
� aye, Mark Solan - aye.
Carried� 6 - 0
Approved
Public Hearing for Area Variances
Stella Cummins #20-06�������������������������������� Representative:� James Vianna,� PLS
967 Rt. 29������������������������������������������������������������������ ����������� �
���170 Lohnes Rd.
Saratoga Springs, NY 12866����������������������������������������������� ���� Stillwater, NY 12170
S/B/L 156.-1-3.1 Rural Residential
Applicant seeks a 15.03�
width variance and a 15.03� frontage variance.�
Applicant appeared before the Planning Board in September for two-lot
subdivision but due to lack of required width and frontage, the Planning Board
has sent this to the ZBA for required variances.
Jim Vianna, PLS, appeared on
behalf of the Applicant, reviewed the application and explained that the
Applicant had been before the Planning Board last month for a two-lot subdivision.� Due to the need for frontage variances, the
Planning Board referred the application to the Zoning Board of Appeals to
obtain the variances before going forward with the subdivision, as it makes it
cleaner to have that first completed.� The
property is in the Rural Residential district, has 6.9+/- acres
with two single family residences and they�d like to subdivide to give the new
house to the son and his family. �Lot 1, Applicant�s
home, will be 5.34+/- acres and Lot 1A, for the son, is to be 1.55+/- acres.� Lot 1, which will become a flag lot, has an
existing driveway which will become a shared driveway.� The survey is completed as well.
Christopher Benn questioned
if the shared use driveway will be deeded.
Jim Vianna, PLS, answered
yes and a maintenance plan is being drawn up as well.
Chairman William Moreau
asked if there were any other questions of the Board.
Attorney William Reynolds
stated Jim Vianna referred to this as a flag lot and it is one.� He then referred to Section 400-8.13 and questioned
why it is in front of the ZBA, why the Planning Board sent it to zoning.�
Jim Vianna, PLS, replied that
Planning felt getting the variances needed prior to
subdividing is the cleaner and clearer way to proceed.
Attorney William Reynolds
stated that�s a Planning determination.� The
50� drive exceeds the 30� requirement; why is Planning sending it here when
they can do it themselves?� Planning can
determine and act upon this.
Christopher Benn responded
that either way they have to act on Lot 1A.
Jim Vianna, PLS, stated he agreed
that Flag Lots are covered in Code, but recommended the variance should be
pursued; they can table Lot 1 and proceed with Lot 1A.� He added they�ll go to Planning if ZBA is
uncomfortable.�
Attorney William Reynolds
said it�s in Planning�s jurisdiction, not Zoning�s and Zoning can approve Lot
1A and send Lot 1 back to Planning.
Chairman William Moreau
stated they can act on parcel 156.-1-3.1 and asked if there were any questions
of the Board; there were none.
After providing Proof of Notice in the Saratogian
on October 16, 2020, Chairman
William Moreau opened the Public Hearing at 7:14
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 7:15 p.m.
��He then 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 � Chairman William Moreau said some applications
can, some cannot, this cannot.� The Board members agreed.
2.� Undesirable change in neighborhood
character or detriment to nearby properties � Chairman William Moreau said
no, Christopher Benn said it�s keeping within the neighborhood and the Board members
agreed.
3.� Whether request is substantial � Christopher
Benn, Mark Sullivan and Steve Mehan said no; Board members agreed.
4.� Whether request will have adverse physical
or environmental effects �Steve Mehan said no, Christopher Benn, Mark
Sullivan, Chairman William Moreau, Mark Solan said no as well.
5. �Whether alleged difficulty is self-created
(relevant but not determinative) � Christopher Benn said no and Chairman William
Moreau stated they�re working with the frontage there and the Board members agreed.
The
Board found in favor of the Applicant for Lot 1A..
A motion
was made by Christopher Benn, seconded by Steve Mehan, to grant the
variance for Lot 1A
as applied for and presented.� Chairman William Moreau �
aye, Clifford Hanehan - absent, Thomas Carringi - aye, Christopher Benn - aye, Steve
Mehan - aye, Mark Sullivan � aye, Mark Solan - aye.
Carried� 6 - 0
Granted
Christopher L. Camarata
6113 Veeder Rd.
Slingerlands, NY 12159
S/B/L 193.5-1-30 Lake Residential
Location:� 106 Franklin Beach Rd.
Applicant seeks a 4.0� two-sides setback and 4.0� side setback variances in order
to construct a new house.� This property
has been vacant since 2014.
Mike Wotzak appeared on behalf of the
Applicant stating the Applicant has a 25� x 120� parcel, with neighboring structures
on either side, almost on the lot-line and at one time there was a residence on
the parcel.� The Applicant would like to
build a single residence of 900 sq. ft. and is seeking a 1� setback as it�s too
difficult to build if having to keep the 5� setback.� That would
allow a 14�
wide home which, in his opinion, is uninhabitable.� Entrance would be the south side and the rear
setback is greater than required; the front setback is right on the lot-line.
Chairman William Moreau stated the Town has a
40� setback from the road front.� The
Applicant�s drawing shows it at 25�, which doesn�t coincide with the
information on his application.� The
application says no setback is required, but you need 15� on frontage.� Our rear setback is 30�, but the application
shows 44�.� The Applicant can slide the footprint
back which would take away needing a front setback variance.� He also stated he drove out there a couple of
times and all the existing buildings are set back 16� or more from the front
setback.� Snow shed would be all on the
neighboring properties with that 1� setback; it�s too tight.� Chairman William Moreau then asked if there were
any Board questions or concerns.
Steve Mehan agreed with the Chairman that it
is too tight there.
Zoning Officer/Building Inspector Gil Albert noted
there are more extreme variances needed than what is on the application.� Two sides setback needs
24�, one side is 9� and frontage is 15�.�
Three sizeable variances and keep in mind that setbacks are from the
drip line, not foundation.
Christopher Benn noted that on the application
it shows, on the north side, only a 5� setback.
Chairman William Moreau asked if the Town
Attorney had any comments.
Town Attorney William Reynolds replied he
doesn�t have legal issues and the Board has identified the errors.� He added the survey shows concrete remains
and questioned its history.
Mike Wotzak replied he didn�t know and they
are not putting it on the old foundation, but it�s precedent
so there�s no issue with building there.
Chairman William Moreau replied no, that�s
incorrect. �If there was a building there
it would set precedence, but once the structure is gone, it�s gone.� This is a different scenario, so you have to
resort back to current zoning regulations.
Zoning Officer/Building Inspector Gil Albert
added the one entire side has to meet 1hour fire rating, can have no windows,
etcetera.� It�s too narrow even to access
for repairs, snow removal and snow load will be huge issues.� He stated he would not recommend this.
Chairman William Moreau asked if there were
any further comments from the Board at this time; there were none. �Chairman
William Moreau stated the Board has received three letters from concerned
neighbors and each Board member has read them.
After
providing Proof of Notice in the Saratogian on October 16, 2020, Chairman
William
Moreau opened the Public Hearing at 7:30 p.m. asking
those wishing to speak, to please stand and state their name and address:
Mr. Jeff Reardon, 104 Franklin Beach Rd.,
stated he owns the property next door to this and their home is 17� back from the
road.� His comments are no reflection on
the Applicant but there was a previous structure on the property and he
believes it was built without a permit from the Town and the Town had the
structure removed approximately 20 years ago.�
The application has
provided incorrect
information.� According to Town regulations
the Applicant needs 30� for the total of two sides
setback.� The application indicates the
requirement is 10� and asks for a 4�
variance, however,
it would appear he�d need a 24� variance. �The minimum lot width is 50�; is a variance required
for a lot less than that?� He said they
followed the rules when building and that lot is too small.� He has concerns with the size of the house
with only 6� between the lots and has serious concerns that the builders will
be trespassing on their property with heavy machinery during construction.� He believes this should be tabled until the
application is resubmitted with correct information on it.� He thanked the Board for listening.
Mr. Vincent Sleasman, 108 Franklin Beach Rd.,
stated he is a neighbor and there are many
errors in
the application.� Lot width is to be a
minimum of 50�, frontage is to be 40�, two sides 30�
with a 25� rear setback.� The application
is showing only 1� from his property line, virtually eliminating the setback
and its purpose.� He has serious concerns
and feels this application should be tabled, with a new and correctly completed
application given to the Board.� He
thanked the Board.
Chairman William Moreau stated this is a pre-existing,
nonconforming lot, established in 1920�s or whenever Franklin Beach Rd. was subdivided.� The Board�s duty is to try to minimize the
impacts of
any future building on that or any other existing lot.� Moving forward, if this was a new development,
we would never consider a 25� lot in our zoning regulations.�
Mike Wotzak
stated he understands the lot line errors on the application.� They�ll be respectful of all the neighbors
and are open to the Board�s concerns.
Chairman William Moreau asked if there were
any further comments; seeing none, Chairman
William Moreau closed the Public Hearing at 7:43 p.m. ��He then stated the submitted application is extremely confusing
as it is not filled out correctly.� Before
going through the Balancing Test, the Applicant has heard all the comments of
the Board and he thinks this should be tabled until the application is properly
completed and resubmitted.� At that time,
they can proceed with the Balancing Test and go forward.
Attorney William
Reynolds stated the Board should have him resubmit with accurate
information as well as taking into account the Board�s
concerns.
Zoning
Officer/Building Inspector Gil Albert agreed, adding such as moving it back so
no front setback variance is needed.
Chairman William Moreau
suggested the Applicant table the application, resubmit an application with
accurate information, taking into account the discussion of the front setback
of 40�, maybe reduce the size of the deck and ask for a variance on the
backside, bring the side yard setback in, the 1� is impossible; those are the
Board�s concerns.� The current application
information handed to us is incomplete; resubmit and the Board can assess from
there.
Mike Wotzak pulled
the application.
Vincent J. Laurenzo, Sr. #20-08����� ����������� Representative:
Site Manager
22 Palmer Heights���������������������������������������������������������������� ���
Saratoga Springs, NY 12866����������������������������������� ����������� ���
S/B/L 206.9-1-21 Lake Residential
Applicant
seeks a 24.5� back setback variance, 14� two-sides setback
variance and a 7� side setback variance in order to construct two carports,
along with a deck above.
Tony,
Site Manager for the Applicant, appeared before the Board, stating this rental property
has a duplex and they seek variances in order to construct two carports for the
tenants.� The lot is tight, but they�d like
to build the carports for the safety of their occupants in the winter and lack
of a covered parking area has impacted the rental rates.� They are requesting the minimum
variances needed to achieve their desired result and this will not impact the character
of the neighborhood.� They�d like to attach
the carports to the house and over the blacktop of the driveways.�
Christopher
Benn questioned the percentage of coverage on the lot.
Applicant�s
Site Manager stated less than 30%.
Zoning
Officer/Building Inspector Gil Albert noted that was built when we were at 10%
coverage, a lot less than our current zoning codes.
Chairman
William Moreau questioned that they want the carport over the blacktop and was
told yes.� He then said you show 2� off
that on the application.�
Applicant�s
Site Manager responded they can shrink it a bit, but you have to have room to
pull in to park.� The carport going up on
the Palmers Height�s side of the driveway, will have a deck above it with
railings and stairs going to it.�
Zoning
Officer/Gil Albert said that�s close to the property
line and snow shed will be an issue as it�ll dump the snow onto the neighbor�s
property.� Pull it back away from the property
line in the rear.
Applicant�s
Site Manager responded 3� will be tough; move that back setback?
Zoning
Officer/Building Inspector Gill Albert replied yes.
Applicant�s
Site Manager questioned if they go back another foot will it work?
Chairman
William Moreau replied the Board can�t have impacts to the neighbors.
Applicant�s
Site Manager responded they are open to moving it around.� There is no room for a garage, so they�d
really like to give the tenants a carport.
Christopher
Benn and Chairman William Moreau said to pull off the property line by 3� and
pitch lateral roof to the south and it will help.
Applicant�s
Site Manager responded they�re willing to have their architect change the plan.
Zoning
Officer/Building Inspector Gil Albert told them to bring it to the edge of
existing
pavement at 12.6� and it�d work.
Chairman
William Moreau and the Board continued to discuss ways in which the Applicant
can
make this work.�
Attorney
William Reynolds suggested the Applicant redraw, taking into account the Board�s
comments.
Applicant�s
Site Manager thanked the Board and will return.
Old Business: �Board members questioned if the River Rd. gazebo has been moved yet.� Zoning Officer/Building Inspector Gil Albert stated no and he sent them yet another letter to remedy last week telling them to move it.
New Business: Board
members received the schedule of dates from Attorney Schachner�s office
concerning the Article 78.
A motion was made by Mark Sullivan, seconded by Christopher
Benn, to adjourn the
meeting at 8:06 p.m. �Chairman William Moreau � aye, Clifford Hanehan - absent,
Thomas
Carringi - aye, Christopher Benn - aye, Steve Mehan - aye, Mark Sullivan � aye,
Mark Solan - aye.�
Carried� 6 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held November
16, 2020. ��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~