TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
August 25, 2008
Chairman Stephen Bodnar called the meeting to order at 7:30 p.m. and led the flag salute.
Chairman Stephen Bodnar explained the Rules of the Board.
Zoning Clerk Linda McCabe called the roll: Chairman Stephen Bodnar – present, Clifford Hanehan – absent, Thomas Carringi – present, Barbara Faraone – present, Clarence Fosdick – absent, William Moreau – present, James Burke – present,
Alternate John Deyoe – present.
Also present: Town Zoning Officer Gil Albert, Town Attorney William Reynolds, Mr. & Mrs. Vickary, Mr. & Mrs. Smith, Kurt Heiss and Thomas Marotta. (Sign-in sheet is on file in the Clerk’s office)
Due to the absence of a couple Board members, Chairman Stephen Bodnar elevated Alternate member John Deyoe to full voting status.
Approval of Minutes: A motion was made by Barbara Faraone and seconded by Thomas Carringi to accept the minutes of the July 28, 2008 meeting as written. Chairman Stephen Bodnar – aye, Clifford Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone – aye, William Moreau – aye, Clarence Fosdick – absent, Alternate John Deyoe – aye.
Carried 6 – 0
Order of Business:
Coleman & Connie Vickary #08-07
1379 Rt. 9P
Saratoga Springs, NY 12866
S/B/L 193.6-1-56.2 Lake Residential
Applicant is seeking a two-side setback variance of 35.6’ and a side variance of 16.6’ in order to put a 5’ 11” addition onto their existing porch. This home is the center unit of a triple wide town house.
Mr. Vickary appeared before the Board, explaining that since he is in the middle of a triple-unit townhouse he really has no side setbacks, or he would need one different than normally required by the Board. He asked the Board to look at the photos with the drawing of his proposed porch addition, and explained he’d like to add just about 6’to his front porch because there’s not enough room to set a table on it with people sitting around it. To do this, he needs a side setback variance. He sent out neighbor notifications and also spoke with his adjoining neighbors and they have no problem with this project. Zoning Officer Gil Albert stated the Applicant meets front setback but due to this being a townhouse, the two sides do not meet our regulations. Chairman Stephen Bodnar noted that this deck addition not being constructed will have no harmful effect as to the value of the property and the Applicant agreed. Chairman Stephen Bodnar then stated we need to see how substantial the area variance would be. Bill Moreau questioned if there is any intent on closing in the existing patio and the Applicant said that he has no intention of enclosing the existing porch or the proposed addition. He also said his neighbors are fine with this project. Bill Moreau then asked how close this would be to the well and the Applicant responded it would be about a foot off to the side of the patio. Bill Moreau asked if this is concrete or bluestone and the Applicant stated that the current patio is concrete but they will build a wood frame forward of the concrete and cover everything with composite decking. Town Attorney William Reynolds asked the Applicant if there are any deed restrictions and the Applicant said no, there are no deed restrictions, there is no homeowners association. Town Attorney William Reynolds stated he has no problem with this, but he would like to review the deed to be sure there are no deed restrictions. Chairman Stephen Bodnar asked if there were any other questions from the Board.
After providing Proof of Notice in The Saratogian on August 15, 2008, Chairman Stephen Bodnar opened the Public Hearing at 7:44 p.m. No one came forward;
Chairman Stephen Bodnar closed the Public Hearing at 7:45 p.m.
Barbara Faraone made a motion, seconded by James Burke to approve this application for the area variance for the 5’ 11” porch addition to the current porch/patio, pending there are no deed restrictions upon review by Town Attorney William Reynolds. Chairman Stephen Bodnar – aye, James Burke –aye, Thomas Carringi- aye, Clarence Fosdick –absent, Barbara Faraone – aye, William Moreau – aye, Clifford Hanehan –absent, Alternate John Deyoe – aye.
Carried 6 – 0. Granted
Dana M. & Damon L. Smith #08-08
11 Bennington Loop
Saratoga Springs, NY 12866
S/B/L 193.6-1-54 Lake Residential
Applicant is seeking an area variance of 38,133 square feet, to construct a three car garage with a second story for an apartment above to replace an existing two-story cottage, along with a variance to allow two single family detached dwellings in-lieu-of a two-family dwelling.
Kurt Heiss of Tommell & Associates appeared before the Board on behalf of the Applicants. He told the Board that the Applicants would like to construct a three-car garage with an apartment above and it will be used when Mr. Smith’s parents visit them; it will not be a rental unit. He showed photos of the existing house and noted they would like to keep this building, but would like to remove the 2-story cottage in the back and replace it with the 3-car garage and apartment. Chairman Stephen Bodnar asked what the square footage of the proposed building will be and Kurt Heiss said he did not have the exact dimensions but it would be roughly twice the size of the existing structure. Chairman Stephen Bodnar asked what the basic lot coverage would be and Kurt Heiss
responded 36’ x 41’. Barbara Faraone questioned if this will be modular or stick built and was told stick built. Zoning Officer Gil Albert questioned lot coverage calculations. Kurt Heiss said he doesn’t have that number but he believes the lot size is roughly 3100 square feet for both buildings. Zoning Officer Gil Albert said the deck has to be part of it too and Kurt Heiss said it will be below 4000; he can get the exact numbers to him tomorrow. Barbara Faraone asked if both existing structures are on county sewer. Kurt Heiss responded the old cottage is not but the other house is and the new structure will be connected to the sewer. He also stated there is currently one well and they would like to put in another well for the new building. Chairman Stephen Bodnar stated his concern is they want two single family dwellings on this small lot l. Town Attorney William Reynolds stated we have an issue here, section 400-8.11, of use. Town Attorney William Reynolds asked if the cottage was there before 1981 and was told yes. He then stated the fact that there are two principal uses here, two residences, on one lot. This qualifies as a pre-existing nonconformance use and cannot be enlarged according to our law. If this is not enlarged, then it is okay. Zoning Officer Gil Albert asked if they stay within the original footprint, but want to add a second story, is that allowable and Town Attorney William Reynolds responded you cannot enlarge or extend out of the original square footage; no, you cannot go 2-story from a single story. Kurt Heiss stated the cottage coming down is 2-stories. William Moreau said no, it’s a 1½ story. Town Attorney William Reynolds stated the issues go beyond variance, even use variance. They cannot do any of this, period. If they stay within the original footprint it’s okay. Chairman Stephen Bodnar noted that the area on the map, around the well, says 20 x 20’ water source is in favor of lot 2. Please explain this. Kurt Heiss responded that originally the piece they are talking about was subdivided from lot 2. The Applicants are technically lot 1 and share the well. William Moreau told him that if they move the well, they can build a 2-story attached to the existing home according to our regulations. Zoning Officer Gil Albert said that being attached to public sewer, they would not need an area variance but may need setback variances. William Moreau added they should call Saratoga County Sewer to be sure it is okay. Chairman Stephen Bodnar asked if there were any other questions from the Board. There were none.
Chairman Stephen Bodnar stated taking advice from our legal counsel; we cannot act on this as is. Town Attorney William Reynolds recommended that the Applicant either withdraw this application and look at other options or table this until a later date.
Kurt Heiss stated they will withdraw this application to look at other options.
Thomas A. & Paula A. Marotta #08-09
2000 Barrett Rd.
Ballston Spa, NY 12020
S/B/L 193.6-1-21 Lake Residential
Applicant is proposing to construct a single family residence with an attached garage, located at 1380 Rt. 9P. They are seeking a two-side setback variance of 28.5’ and a side setback variance of 10’ along with an additional 9% area variance for building coverage because he doesn’t meet zoning regulation setback requirements.
The Applicant appeared before the Board. He asked if the Board had seen his photos, and Chairman Stephen Bodnar stated he had, and he proceeded to pass them around for
the Board members to view. The Applicant told the Board he had previously met with Zoning Officer Gil Albert and went over the dimensions and at first look there didn’t seem to be any flags going up at that time. Now it seems we don’t meet side setbacks, and area variances. There were two buildings on the lot previously, it is now vacant. The buildings were removed prior to the Applicant purchasing this property. The Applicant was asked where the location of the driveway is and he responded it will be under the deck; he would like a drive-thru driveway. Board members viewed the photos again and Chairman Stephen Bodnar questioned if the previous buildings were camps and Thomas Carringi said he believes so, adding the buildings that were there, were of good size. Barbara Faraone said she remembers folks coming up and ice-fishing there. Chairman Stephen Bodnar questioned when the buildings were taken down and Thomas Carringi thinks they went down in the ‘90’s. The Applicant mentioned he thinks there is a 35’ height restriction for the house and Zoning Officer Gil Albert concurred. William Moreau questioned is that height above high water or low water and Zoning Officer Gil Albert said it states in the regulations 35’ maximum height; I believe that means overall. James Burke said he thought it was 33’ and Zoning Officer Gil Albert said 35’ to peak of roof; the highest point of the building, chimney excluded. Barbara Faraone asked Zoning Officer Gil Albert if there are flood plains to worry about there and he said yes. She then asked if the Applicant would have to raise the house and Zoning Officer Gil Albert said the basement can be below but must be built in a way where the water can go in and out. He’d have to have documentation on it. The Applicant said it is going to be built on a slab, no basement. Zoning Officer Gil Albert noted the lake is 202.79’, flood plain is 210’, so in order for the Applicant to have living quarters on the lower level he’s got to be above the 210’ mark. William Moreau told the Applicant he has to go up 4’ so he doesn’t swamp his neighbors. The Applicant stated my neighbor is at 4’-5’ also. Chairman Stephen Bodnar said that the “wet area” on the map concerns him. The Applicant said there are no wet lands there, just a wet area. Chairman Stephen Bodnar, along with Barbara Faraone mentioned the note on the map states this lies in area Zone 6 of the hundred year flood plain. The Applicant has lake frontage across the road, and it is on the same deed so this gets added in with the total footage. Chairman Stephen Bodnar stated that the Applicant is looking for 30% variance of lot coverage. The Applicant said, according to the previous owner, he believes he is grandfathered in with his request. Zoning Officer Gil Albert asked Town Attorney William Reynolds if there is a time limit with “grandfathering”. Town Attorney William Reynolds responded yes, a two year time limit, but the old structures were torn down and this was abandoned for many years so there is no grandfathering here. Chairman Stephen Bodnar said since they have public sewer, it makes a difference; 15-10 not 40-10 for total lot area. It looks like we are looking at side yard setbacks along with lot coverage. William Moreau questioned with the flood elevations, does that include the garage floor and Zoning Officer Gil Albert responded the garage floor can be lower as long as there are weep holes; without weep holes they cannot have one. William Moreau stated he is concerned it would flood the neighbors, seeing he will either have a 6’ wall back there or a building in the water with weep holes in it. Board calculations and discussion continued. William Moreau reviewed for clarity; the roof peak will be at 35’, and the first floor will start at 211’. Zoning Officer Gil Albert stated the first floor living area will start at 211’. William Moreau then added they may not be able to get a pitched 2-story because they lose 4’ due to flood plain, is that correct and Zoning Officer Gil Albert concurred. Chairman Stephen Bodnar questioned the reason for building the house so large and the Applicant responded they want to build on a slab/crawl space and without a basement they need the space. The Applicant said this house will be long and narrow just like the homes on either side of his lot; it will be a bit longer, and 26’ wide. His neighbor’s homes are 26’ wide and 28’ wide. The Applicant told the Board that the blueprint is at the “accept or decline” stage right now. Zoning Officer Gil Albert said conditions can be put on it. William Moreau suggested the Applicant get it redrawn showing flow of water and then show the drawing to his neighbors. Zoning Officer Gil Albert stated we need to know what the end elevation will be. He also stated a French drain would work there. Town Attorney William Reynolds asked if the Applicant will go back and redraw and the Applicant responded yes, of course. Chairman Stephen Bodnar told the Applicant the Board needs a more defined drawing before making a decision, and he would be more receptive if the deck is removed or the Applicant can build a smaller house and keep the deck.
The Applicant asked to Table this until next month in order to redraw his plans. Returning
Old Business: None
New Business: None
Barbara Faraone made a motion, seconded by William Moreau to adjourn the meeting at 9:20 p.m. Chairman Stephen Bodnar – aye, Clifford Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone – aye, William Moreau – aye, Clarence Fosdick – absent, Alternate John Deyoe – aye.
Carried 6 – 0
Zoning Board of Appeals Clerk