TOWN OF SARATOGA

DRAFT

TOWN OF SARATOGA

ZONING BOARD OF APPEALS MINUTES

January 23, 2006

7:30 PM

Chairman Stephen Bodnar called the meeting to order at 7:35p.m.��

Chairman Stephen Bodnar led the flag salute and explained the Rules of the Board.�

Clerk Catherine Cicero called the roll: Chairman Stephen Bodnar � present, Thomas Carringi � present, Barbara Faraone � present, Clifford Hanehan � present, Joyce Waldinger � absent, Bill Moreau � present, James Burke � present, and alternate Robert McConnell � present.� Chairman Stephen Bodnar recognized alternate Robert McConnell as a voting member of the Zoning Board of Appeals due to the absence of Joyce Waldinger.

Also present: Town Supervisor Tom Wood. (Zoning Officer Robert Hathaway was unable to attend.)

Approval of Minutes: All board members present had read the minutes of the November 28, 2005 meeting. A motion was made by Thomas Carringi, and seconded by Barbara Faraone, to accept the minutes of the November 28, 2005 meeting as written.� Chairman Stephen Bodnar � aye, Bill Moreau � aye, James Burke � aye, Thomas Carringi � aye, Clifford Hanehan � aye, Robert McConnell � aye, and Barbara Faraone � aye.

Carried 7 � 0�

Order of Business:

AREA VARIANCE

Quaker Springs Fire District 1, Applicant�� Michael Giovanone, Owner

Blodgett Rd.�� 156 Sparrowbush Rd.

Schuylerville, NY� 12871�� Latham, NY� 12110

S/B/L 193.06-1-2 Lake Commercial

Applicant is seeking to create a nonconforming lot, including variances for a front setback, a side setback, road frontage, and lot coverage on the property currently owned by Michael Giovanone in order to build a new firehouse.

Michael Giovanone, Applicant

156 Sparrowbush Road

Latham, NY� 12110

S/B/L 193.06-1-2 Lake Commercial

In November 2005, the Planning Board granted the Applicant a special use permit for a boat storage facility on Route 9P, south of Lee�s Trailer Park. The facility consists of 5 buildings, 78 slips, on 8.8 acres. Applicant is seeking a rear variance of 36� and a side setback variance for 5.5�.� The variances are necessary for the parcel to accommodate the proposed firestation.

The two cases were considered together since both concern the same parcel of property.

Chairman Stephen Bodnar and James Burke recused themselves from the Board as they are representatives of the Fire District.� Clifford Hanehan chaired the Zoning Board of Appeals for this matter.

Stephen Bodnar explained that Mr. Giovanone has recently received approval from the Planning Board to construct a boat storage facility on his property.� He then entered into discussions with Quaker Springs Fire District 1 regarding the possibility of constructing a fire substation on the property to cover fire protection in the lake portion of the fire district.� Mr. Bodnar stated that he was hoping to recruit volunteers from that area as well.� There followed a brief explanation of the Quaker Springs Fire District 1 operations.

As a result of several workshop meetings, Mr. Giovanone�s site plans were reconfigured to provide space for a .29 acre lot at the front of the property to construct a 60�x60�, concrete and steel, 3-bay firestation, with a 40�x60� apron in front. The apron will consist of blacktop, not the concrete that was originally reflected in the site plan. Mr. Bodnar explained that the floor plan of the building will be similar to the main firehouse on Blodgett Road, but without the meeting room on the back.� As a result of the reconfiguration, the boat storage facility was moved closer to the rear of the property.� The Town determined that it would be more appropriate to subdivide the firestation portion of the property rather than enter into a leasing arrangement with Mr. Giovanone.� To avoid a second curb-cut onto 9P, the two facilities will share a driveway.�

Jim Miller, of Miller Associates, Landscape Architects, explained the reconfigured site plans to the Board, stating that subdividing the property created a non-conforming lot.� The non-conforming lot is triggering all the variances before the Board.� Chairman Stephen Bodnar emphasized that the Fire District had determined the amount of property it felt was necessary for the substation, and Mr. Giovanone then proposed that that portion be subdivided; it was not Mr. Giovanone who determined the size of the firestation lot.

Creation of the nonconforming firestation lot necessitated the following variances for the Fire District: 8.5% for lot coverage, 59� for road frontage, .71 square feet for area, 35� for front setback, 45� for rear setback, and 8.5% for permeable area.

Creation of the nonconforming firestation lot necessitated the following variances for the boat storage facility:� 38� of road frontage, 18.5� for front setback, 36� for rear setback, and 15.3� for side setback.� If Mr. Giovanone were not accommodating the firestation on the original boat storage facility parcel, no variances would be necessary.

In answer to a question from Barbara Faraone, Mr. Bodnar stated that the Fire District would put in its own well.� The existing grinder pump would be removed.

In answer to a question from Clifford Hanehan, Mr. Bodnar stated that the current fire trucks need a bay depth of 45�.

Barbara Faraone noted that everyone she had spoken to in the Lake Association supported the proposal.� She was unaware of anyone along the lake who opposed the plan.� Mr. Bodnar provided a petition signed by neighbors of the property along 9P in support of the plan.

Thomas Carringi stated that everyone he had spoken to was in support of both the boat storage facility and the proposed firestation.

Robert McConnell asked Mr. Bodnar if he knew of the Planning Board�s position on the proposal.� Supervisor Tom Wood stated that Planning Board Chairman Ian Murray supported the project when he saw the most recent plans.� It was at his suggestion that the firestation property was situated at the northern corner of the property.

Clifford Hanehan asked Supervisor Tom Wood for his opinion for the record.� Supervisor Tom Wood responded that he supported the proposal, and thanked Mr. Giovanone for his generous donation of property to make the project possible.

Mr. Bodnar reported that the County Planning Board had seen the proposal and supported it.� Clifford Hanehan read the letter from the County Planning Board, which is contained in the permanent file of this application.

�Proof of notice having been furnished on January 15, 2006, Clifford Hanehan opened the Public Hearing at 8:00 p.m.

Martin Hanehan, 211 County Rd. 67�in support.� Mr. Hanehan wanted to go on record in support of the substation, stating that there are about a half dozen firefighters in the Fire District who live close to the lake.�� He said that if a fire were to occur close to the lake, it would save time for the firefighter to report to a substation at the lake, rather than travel to the current Quaker Springs firestation and then back out towards the lake.

Clifford Hanehan asked for the basis for the variance to be put on the record.� Mr. Bodnar responded that no other property has become available in the area; there is no reason for a larger parcel of property for the proposed use; and, Mr. Giovanone has generously donated the amount of property needed by the Fire District.�

Barbara Faraone pointed out that the purpose of the proposal will contribute to the health and safety of the community.

For the record, Clifford Hanehan stated that he was in support of the proposal, but wanted to make sure that all the bases were covered before allowing the variances.

��

All those wishing to speak having done so, the Public Hearing was closed at 8:15 p.m.

Clifford Hanehan asked the Board if there were any further questions.� There were none.

Thomas Carringi made a motion, seconded by Robert McConnell, to approve the following variances:

Fire District: 8.5% for lot coverage, 59� for road frontage, .71 square feet for area, 35� for front setback, 45� for rear setback, and 8.5% for permeable area.

Boat storage facility:� 38� of road frontage, 18.5� for front setback, 36� for rear setback, and 15.3� for side setback.

William Moreau � aye, Thomas Carringi � aye, Clifford Hanehan � aye, Robert McConnell � aye, and Barbara Faraone � aye.

Carried 5 � 0 GRANTED

Supervisor Tom Wood, Fire Commissioner Stephen Bodnar, James Burke, and members of the Board, all expressed their appreciation to Mr. Giovanone for his generous contribution of land for the firestation.

At this point in the proceedings, Chairman Stephen Bodnar and James Burke rejoined the Board.

There followed a discussion on the boat storage facility special use permit granted by the Planning Board.� Town Supervisor Tom Wood stated that, currently, no RV storage is allowed by the Town.� Eventually, the Town may amend its zoning regulations to provide for RV storage.� It is possible that Mr. Giovanone might then apply to the Planning Board for such a permit.

There followed a discussion, led by William Moreau, on the possible need for the Town to require fire resistant materials in the building codes for closely constructed buildings around the lake.� Clifford Hanehan suggested that this issue should be brought to the attention of the Planning Board or the Town Board.

There followed a discussion on the issue of �mutual aid� between fire districts.

The issue of using the new firestation as a polling place was raised.� Town Supervisor Tom Wood stated it would make perfect sense to re-examine the voting district lines and establish the Lake Voting District.� He added that �he would look forward to that option.�

Information

Old Business: none.�

New Business:� Chairman Stephen Bodnar reported that David Hall had submitted his resignation from the Board.� He introduced William Moreau as a new Board member. Chairman Stephen Bodnar explained that the resignation of David Hall necessitated the election of a new Vice-chair. James Burke made a motion to elect Clifford Hanehan as the new Vice-chair of the Zoning Board of Appeals.� Barbara Faraone seconded the motion.� Chairman Stephen Bodnar � aye, William Moreau � aye, Thomas Carringi � aye, James Burke � aye, Robert McConnell � aye, and Barbara Faraone � aye.� Clifford Hanehan abstained from the vote.

Carried 6 � 0.

Chairman Stephen Bodnar reminded the Board of the County Planning Board seminar to be held on January 25.� Chairman Stephen Bodnar, Town Supervisor Tom Wood, Barbara Faraone, and William Moreau were planning to attend.

There will be another planning and zoning conference to be held in March at the Spiritual Life Center.�

Supervisor Tom Wood reminded the Board that a ZAAC meeting would be held at 7:00 p.m. on February 7, 2006.� A packet of materials was provided to the Planning Board and Zoning Board of Appeals, but Supervisor Tom Wood noted that it did not contain the entire set of materials.� A second packet of materials will be provided later.

Supervisor Tom Wood reported that the Town would probably have a mass gathering ordinance in place by March 2006, and that a second public hearing would be held on the

proposed water regulations.� Town Attorney William Reynolds is currently reviewing Clifton Park�s water regulations, which ultimately may be adopted by the Town.

The Town has determined that well-drillers are qualified to certify engineering tests on wells they have drilled.� Town Supervisor Tom Wood stated that several surrounding Towns currently accept the certified report of well-drillers.

Finally, Supervisor Tom Wood stated that the Town will address the issue of adult entertainment regulations in the near future.

He added that it would probably be June 2006 before the new regulations are in place.

There followed a discussion on the upcoming Regatta being held at the Rowing Club, at which 10,000 people are anticipated to attend.� The event is the largest in the country and is held every year at a different location.

Barbara Faraone raised the issue of the number of docks allowed on the lake.� Thomas Carringi noted that Lake George allows 2 docks per every 100�.�� Barbara Faraone was concerned about the growing number of docks and said they should be curbed.

Supervisor Tom Wood reported on the progress of the Town�s legal action against Mr. Gong.� He stated that Mr. Gong�s building was declared unsafe by Town Zoning Officer Robert Hathaway, and the case was brought to court.� Judge Jack Ditch heard the case, and agreed with Mr. Gong that the building was structurally sound.� Supervisor Tom Wood stated that plans were developed and a building permit was issued by the Town Zoning Officer to repair the building; however, Mr. Gong is not following the plans that were issued.� Therefore, the Town Zoning Officer will issue a stop-work order.

Barbara Faraone pointed out to the Board the unsafe condition of Rogers Lane near the lake.� She said the condition of the road is such that no emergency vehicles would be able to use it to reach residents along the road.

Chairman Stephen Bodnar reported that he had spoken with Town Attorney William Reynolds regarding issues raised by Bill Ippoliti at the November meeting.� He has forwarded those comments to Mr. Ippoliti.� Issues raised by Marilyn Zaborek at that meeting are still being investigated.

The next regular meeting will be February 27, 2006 at 7:30 p.m.

�

Chairman Stephen Bodnar made a motion to adjourn at 9:46 p.m.� The motion was seconded by Thomas Carringi.� Chairman Stephen Bodnar � aye, William Moreau � aye, James Burke � aye, Clifford Hanehan � aye, Thomas Carringi � aye, Robert McConnell � aye, and Barbara Faraone � aye. Carried 7 � 0

Respectfully submitted,

Catherine E. Cicero

ZBA Clerk

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