DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
August 27,
2007
7:30 PM
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.
Due
to the resignation of Joyce Waldinger, Chairman Stephen Bodnar introduced
Clarence Fosdick as a full member of the ZBA and John F. Deyoe as Alternate
member.� Due to the absence of regular
board member Thomas Carringi, Chairman Stephen Bodnar recognized Alternate John
Deyoe as eligible to vote.
Zoning
Clerk Linda McCabe called the roll: Chairman Stephen Bodnar � present, Clifford
Hanehan � present, Thomas Carringi � absent, Barbara Faraone � present,
Clarence Fosdick � present, William Moreau � present, James Burke � present, and
Alternate John Deyoe� present.�
Also
present: Town Attorney William Reynolds, Town Zoning Officer Gil Albert, Mr.
and Mrs. Paul Carkner, Donna Ellis and family.
Approval
of Minutes: All board members present had read the minutes of the June 25, 2007
meeting.� A motion was made by Clarence Fosdick and seconded by Barbara Faraone, to accept the minutes of the June 25, 2007
meeting as written.� Chairman
Stephen Bodnar � aye, James Burke � aye, Barbara Faraone � aye, Clifford
Hanehan - aye, Clarence Fosdick � aye, William Moreau � aye, John Deyoe �
aye.� Carried 7 - 0
Order of Business:
AREA VARIANCE
Donna Ellis
Applicant� Case # 07-09
99 Sherman Ave.
Williston Park,
NY� 11596
S/B/L
#168.-3-11�� Conservancy District
Applicant is seeking variances for her property at Fire Lane #9, off Rt. 29, on Fish Creek, a private road.� She is seeking a variance to build a new structure in a new location.� A back variance of 20� is needed along with an area variance of 60,000 sq. ft.
Applicant Donna Ellis appeared in front of the Board and explained that she wants to move the house up the hill from its current location; it gets water in the crawl space and they�d like a larger home. She showed Chairman Stephen Bodnar on the map where she wants to move it.
After providing Proof of Notice in The Saratogian on August 17, 2007,
Chairman Stephen Bodnar opened the Public Hearing.� No one came forward, the Public Hearing was closed.
Chairman Steve Bodnar asked if this is to be a year round home, Applicant replied no it will be seasonal.� The Board had a lengthy discussion with the Applicant concerning the NIMO easement, septic system, and the challenges of this parcel with what they are looking to do.� Zoning Officer Gil Albert said there are septic systems that can meet the requirements for that lot but the Ellis�s need an engineer to make it. Chairman Stephen Bodnar told them they can knock down the old camp, and rebuild on the same footprint without a variance.� Chairman Stephen Bodnar asked Zoning Officer Gil Albert�s opinion.� He stated that he wants to see better plans than this on what they are going to do prior to issuing a building permit.� He also recommends the Ellis family see a surveyor and/or engineer and have them do a plan-to-scale on the location of the house, driveway, septic, what kind of septic system it will be, and what the Applicants are proposing to do and how they will meet the Dept. of Health qualifications.� The Board agreed with this and reiterated the need for their surveyor to go by the Town regulations when drawing up the site plan. Zoning Officer Gil Albert told them to be sure their engineer looks into what the septic system requirements are for that property.� Clifford Hanehan told them to be sure they keep in mind the NIMO easement and the right- of- way.� Mrs. Ellis again asked if they can take down the existing building and was told yes, and they can build on the same footprint but that�s all they can do as it now stands.�
Chairman Stephen Bodnar read the letter of no significant county wide or intercommunity impact from the Saratoga County Planning Board.
Chairman Stephen Bodnar motioned to postpone until the applicants have a more defined application with site plan, septic, well, actual building size and location, power easement and the road right-of-way defined for the Board.� Barbara Faraone seconded the motion. Chairman Stephen Bodnar � aye, James Burke � aye, Barbara Faraone � aye, Clifford Hanehan - aye, Clarence Fosdick -aye, William Moreau � aye, John Deyoe -aye.������� Carried 7 - 0
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Mr. Ellis asked if there is a time limit on this postponement.� Chairman Stephen Bodnar asked Town Attorney William Reynolds how they should do this because they have to do something within a reasonable time.� Town Attorney William Reynolds said they could table this for now.� Chairman Stephen Bodnar told the Applicant they will postpone until they are comfortable with coming back.� It is agreeable with the Board for the Applicant to come back no later than August 2008.�
We will need to advertise for a Public Hearing when Applicant is ready to come back.�
Paul A.
Carkner� Case # 07-10
162 Franklin Beach
Rd.
Saratoga, NY� 12866
S/BL #
180.17-1-19�� Lake Residential District
Applicant is seeking variances for his property at 162 Franklin Beach Rd., a private road.� He is seeking an area variance of 6,588 sq. ft., and a combined side set back of 4�, to build a 20� x 24� garage across the road from his existing home.
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After providing Proof of Notice in The Saratogian on August 17, 2007,
Chairman Stephen Bodnar opened the Public Hearing.� No one came forward, the Public Hearing was closed.
Mr. Carkner appeared before
the Board asking for the variances he needs to build a garage.� He presented photos of the surrounding
properties and their garages, 5 letters from his neighbors supporting this
project, along with drawings and plans for the garage. Chairman Stephen Bodnar
asked the sq. footage of the house and was told it is 2 stories and 1830 sq.
ft.� Chairman Stephen Bodnar told him it
is in the Lake Residential District and read the rules and regulations to
him.� After much discussion between the
Board and the Applicant, Chairman Stephen Bodnar stated that because this will
be 8� off the property line, it sounds like it is the best conforming use for
this parcel.� Attorney William Reynolds
told Chairman Stephen Bodnar that the Board can attach reasonable conditions on
this variance.� Zoning Officer Gil
Albert noted if conditions are written in the variance, then he can enforce
compliance within the variance parameters.�
Attorney William Reynolds asked Applicant if he would be agreeable to
the conditions on this variance and the Applicant was agreeable.
Chairman Stephen Bodnar read
the letter of no significant county wide or intercommunity impact from the
Saratoga County Planning Board.
Clifford Hanehan made a motion, seconded by William
Moreau, to grant the����������������
variance for construction of garage with non-inhabitable area over garage;
storage space only, and with it�s dimensions being no larger than 20� x 24� and
it must be located on property in accordance with the proposed plan.�� Chairman Stephen Bodnar � aye, James Burke � aye,
Barbara Faraone � aye, Clifford Hanehan - aye, Clarence Fosdick - aye, William
Moreau- aye, and John Deyoe - aye.�������
Carried 7 - 0
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Old Business:�
New Business:� Chairman Stephen Bodnar said most of the new
business was taken care of in the beginning of this meeting; moving Clarence
Fosdick to full member and recognizing John Deyoe as Alternate member due to
the resignation of Joyce Waldinger.� He
then read the resolutions of appointments for Clarence Fosdick and John
Deyoe.� Chairman Stephen Bodnar and the
Board wish to thank Joyce for all her hard work and years of service on the
Zoning Board.
Chairman Stephen Bodnar made a motion to adjourn the
meeting at 9:04p.m., seconded by Barbara Faraone.� Chairman Stephen Bodnar �
aye, James Burke � aye, Barbara Faraone � aye, Clifford Hanehan - aye, Clarence
Fosdick - aye, William Moreau � aye, John Deyoe - aye�� Carried 7 - 0.
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Respectfully submitted,
Linda McCabe
ZBA Clerk