TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
January 26, 2009
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.
Zoning
Clerk Linda McCabe called the roll: Chairman Stephen Bodnar � present, Clifford
Hanehan � present, Thomas Carringi � present, Barbara Faraone � present, Bill
Moreau � present, James Burke � present, Clarence Fosdick � present, and
Alternate John Deyoe � present.
�
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Thomas Marotta,
Richard Ruberti and other interested parties. (Sign-in sheet is on file in the
Clerk�s office)
Chairman Stephen Bodnar
stated since there is a full board present, Alternate John Deyoe will not be
voting tonight.�
Approval
of Minutes: A motion was made by
Clarence Fosdick and seconded by� Thomas
Carringi, to accept the minutes of the October 25, 2008 meeting as written.� Chairman Stephen Bodnar�aye, James Burke�
aye, Barbara Faraone�aye, Thomas Carringi-aye, Clifford Hanehan-aye, William
Moreau-aye, Clarence Fosdick-aye.
Carried 7� 0
Approved
Order of
Business:
AREA VARIANCE
Thomas A. Marotta
2000 Barrett Rd.
Ballston Spa, NY� 12020
S/B/L 193.6-1-21 Lake Residential
Returning Applicant proposes to construct a single family residence with an attached garage, located at 1380 Rt. 9P.� He is 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 requirements.
The Applicant appeared before the Board stating that he gave the Board all the papers they had asked for and explained how his surveyor had completed a redraw as per Board request.� He also added that the paper handed to Board members at this meeting showed the dimensions that the surveyor neglected to put on the map.� Chairman Stephen Bodnar said he believes the Applicant has complied with all the requests of the Board and asked if there were any questions from the Board.� There was a discussion on the size of the two story house and when you add in the overhang of the second floor and the small deck the total will be about 2,056 sq. ft.� Barbara Faraone asked Zoning Officer Gil Albert about the drainage on that property and Zoning Officer Gil Albert responded the Applicant has it set up with French drains and he then explained how they work.� Chairman Stephen Bodnar asked if there were any other questions from the Board at this time; there were none.
After providing Proof of Notice in The Saratogian on January 16, 2009,
Chairman Stephen Bodnar opened the Public Hearing at 7:43 PM.
Lee Bombard, 1382 Rt. 9P, questioned the total sq. footage, commenting he didn�t like the side deck and that he doesn�t like the idea of Mr. Marotta raising up the property. Zoning Officer Gil Albert responded all we, the Board, are concerned with is the square footage of the footprint on the property, not the building.� He also added that the Applicant has already removed the side deck from the plans, and he is not raising up the property.
Board member Bill Moreau asked, for clarification
purposes, if the survey verbage was taken off the deed and the Applicant answered
correct.� The Applicant added he had it
resurveyed when they, he and Mr. Bombard, put in the new sea wall and it is on
his deed. �A
discussion began when Mr. Bombard stated he didn�t sell that piece on the
lakeside to Mr. Marotta, and that he himself could never get a deed for that
piece.� Chairman Stephen Bodnar stated
he is looking at a stamped, certified survey map showing the lands belonging to
the Applicant and that piece is part of this.�
He also stated that he is reading in the survey deed description that it
was conveyed by deed to the Applicant on March 23, 2000.�� He then asked Town Attorney William
Reynolds for his opinion on this.� Mr.
Reynolds stated the Applicant should bring his deed in for review and the
Applicant agreed.
Mike LaFrank, 1384 Rt. 9P, has concerns with water coming onto his property since his lies the lowest there and Zoning Officer Gil Albert explained the Applicant is trying to do what is best for everyone and the French drain is the best anyone can do there.� He also explained the way the French drain works.� Mr. LaFrank stated he just doesn�t want any problems because of this.� Clifford Hanehan stated that it is a problem area there at the lake and the Board is trying to make it less of a problem.�
Lee Bombard, 1382 Rt. 9P, questioned how the French drain will work.� Zoning Officer Gil Albert again explained how the French drain works.� Mr. Bombard then asked how far down his side of the property line does the drain go and the Applicant stated it runs completely from front to back on the Bombard side of his property and he added that his driveway will be of porous material which will also help.� Board member Clifford Hanehan asked if the Applicant has the slope for the French drain and the Applicant answered yes, from front to back it is pushing 6 feet; plenty of slope.�
Mr. Marotta questioned how far over regulation�s percentage of coverage will he be without using the piece of lakeside land and Chairman Stephen Bodnar stated it would be just under 22.5%, so a difference of 1.5%-2.5% over.�
Chairman Stephen Bodnar asked if there were any more questions; finding none, Chairman Stephen Bodnar closed the Public Hearing at 8:13 PM.
Chairman Stephen
Bodnar read the letter from the Saratoga County Planning Board stating that
there would be no significant county wide or intercommunity impact.
Barbara Faraone made a motion, seconded by Clarence
Fosdick to approve this application as drawn and to grant the area variances as
applied for contingent on� the Board
receiving a complete plot plan survey map with all building dimensions and a
stamped copy of the deed for review by Town Attorney William Reynolds.� �Chairman
Stephen Bodnar�aye, James Burke� aye, Barbara Faraone�aye, Thomas Carringi-aye,
Clifford Hanehan-aye, William Moreau-aye, Clarence Fosdick-aye.
Carried
7-0 Approved
Granted
Richard & Katrina Ruberti #09-01
1231 Rt. 9P
Saratoga Springs, NY� 12866
S/B/L 193.18-1-23 Lake Residential
Applicants propose to construct a 24� x 24� two-car garage in their desired location.� They are seeking a front setback variance of 36� and a side variance of 5� because they do not meet zoning regulation requirements.
Richard Ruberti appeared before the Board stating he believes this is a simple request. He explained that this would not impair any neighbor�s view of the lake; the garage will be 14� off the road, and that he borders state land.� Chairman Stephen Bodnar stated if the Applicant moves it 5� closer to the house, it would be better.� The Applicant responded he would like to keep the 5 feet as yard since the yard is very small, and this plan has the garage further off the road than the old plans.� But if he has to move it closer, he can do that.
Barbara Faraone stated that all along Rt. 9P NY DOT took land in 1954 and in some areas they took as much as 18�.� She questioned where, by the Applicant�s house, did NY DOT take land and if the Applicant doesn�t know, he needs to find out if it is on his side of the road and exactly how much they took.� Chairman Stephen Bodnar asked if there were any other questions at this time; there were none.
After providing Proof of Notice in The Saratogian on January 16, 2009,
Chairman Stephen Bodnar opened the Public Hearing at 8:27 p.m.
Mr. McCauley, 1233 Rt. 9P, voiced his concern that the Applicant has someone
who wants to purchase his house, but will only do so if the garage is there.
Mr. McCauley doesn�t want the garage variance granted.�
Board member Bill Moreau
asked Zoning Officer, Gil Albert, if there are any site line problems and
Zoning Officer Gil Albert answered no.�
One will still enter and exit the property exactly the same as now.� The DOT fence stays where it is.
Larry Adams, 1232 Rt. 9P, voiced his concern with the view of the lake.� He added he has not seen the plans for the
garage and would like to know how tall it would be.
Zoning Officer Gil Albert
stated there will be no obstruction caused by the garage.� The 24� x 24� garage will not be above the
trees; it will be a single story structure with no living space above it.� He also added the reason the Applicant wants
to keep it in this location and not move it 5� closer to the house is to keep
it out of view and as low as possible to cause no obstruction to the neighbor�s
views.
Chairman Stephen Bodnar
stated the Applicant had authority to build a garage with his original variance
and never did.� Now the Applicant is
selling and wants to build a garage.�
After reading the Summary of Area Variance Criteria, Chairman Stephen
Bodnar stated this is not a hardship.�
This is self-imposed because the Applicant didn�t build a garage when he
could have.� Now the Applicant wants to
sell and here we are.� The Applicant
responded that financially they couldn�t do it then and he doesn�t feel this is
detrimental to the area.� Board member
Bill Moreau questioned why the Applicant doesn�t just build it attached as the
original variance of 2003.� The
Applicant responded that his wife doesn�t like the original location and that
is why they didn�t build it there.� Zoning
Officer Gil Albert stated the location they want to build now is less intrusive
to the neighbors; it would be higher and more restrictive to the neighbor�s
view if built in the original plan location.�
Board member Clifford Hanehan stated without this variance the Applicant
can go ahead and build a garage according to the original plans and
variance.�
Mr. McCauley, 1233 Rt. 9P, questioned if this variance goes through, does this go
to the Applicant or does it go to the property.� Chairman Stephen Bodnar stated it goes with the land.� He also added that if this detached garage
variance is granted, the original attached garage variance will be rescinded.
Chairman Stephen Bodnar closed the
Public Hearing at 8:56 p.m.
Chairman Stephen
Bodnar read the letter from the Saratoga County Planning Board stating that
there would be no significant county wide or intercommunity impact.
Chairman Stephen Bodnar made a motion, seconded by William Moreau to postpone the Board�s decision until next month so Board members can go view the site for the proposed garage.�� Chairman Stephen Bodnar�aye, James Burke� aye, Barbara Faraone�aye, Thomas Carringi-aye, Clifford Hanehan-aye, William Moreau-aye, Clarence Fosdick-aye. Postponed 7-0
Returning
Old Business:� Reminder that Wednesday, January 28th
is the annual County Planning and Training Conference in Saratoga Springs.
New Business:�
A Board discussion concerning the time that the meetings are held showed a consensus
that Board members would prefer to have the meetings begin
at 7:00 p.m. rather than 7:30 p.m.� Barbara Faraone made a motion, seconded by
James Burke to change the meeting time to 7:00 p.m.� Chairman Stephen Bodnar�aye, James Burke� aye, Barbara
Faraone� aye, Thomas Carringi-aye, Clifford Hanehan-aye, William
Moreau-aye,��� Clarence Fosdick-aye
.� Carried
7� 0
Approved
Barbara Faraone made a motion, seconded by James
Burke, to adjourn the meeting at 9:05 p.m. Chairman Stephen Bodnar�aye, James Burke�
aye, Barbara Faraone� aye, Thomas Carringi-aye, Clifford Hanehan-aye, William
Moreau-aye,��� Clarence
Fosdick-aye.� Carried 7� 0
Adjourned
Respectfully submitted,
Linda McCabe
ZBA Clerk