TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
July 24, 2006
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 Catherine Cicero called the roll: Chairman Stephen Bodnar present, Clifford Hanehan absent, Thomas Carringi present, Barbara Faraone present, Joyce Waldinger present, Bill Moreau present, James Burke present, and Alternate Clarence Fosdick present.
Also present: Town Supervisor Tom Wood and Town Zoning Officers Robert Hathaway and Gil Albert.
Chairman Stephen Bodnar welcomed Clarence Fosdick to the Board and explained that due to the absence of Clifford Hanehan, he would be eligible to vote. There followed a brief discussion of Mr. Fosdicks background and credentials for the position. Chairman Stephen Bodnar also congratulated Robert McConnell on his appointment to the Planning Board.
Zoning Officer Robert Hathaway introduced Gil Albert as the new Assistant Zoning Officer. There followed a brief discussion on Mr. Alberts background and credentials for the position.
Approval of Minutes: All board members present had read the minutes of the June 26, 2006 meeting. A motion was made by James Burke, and seconded by Barbara Faraone, to accept the minutes of the June 26, 2006 meeting as written. Chairman Stephen Bodnar aye, Bill Moreau aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, Barbara Faraone aye, and Clarence Fosdick aye.
Carried 7 0
Order of Business:
Edward DeCore #06-10
3 Brown Road
Saratoga Springs, NY 12866
S/B/L 206.9-2-49 Lake Residential
The Applicant intends to reconstruct a building destroyed by fire on a non-conforming lot which existed prior to Town zoning regulations. However, instead of rebuilding within the previous footprint, which is allowed under the regulations, he would prefer to move the building further back from the highway.
Yvonne DeCore, the Applicants daughter, appeared on his behalf, explaining that the Applicant was out of town.
Zoning Officer Robert Hathaway said that the building on the lot had burned almost 2 years ago and that, although the building was on a non-conforming lot, the Applicant could rebuild on the same footprint because it would be grandfathered in under Town zoning regulations. However, for safety reasons, the Applicant would like to take off the front porch of the old building and construct a rectangular building further back from the road. The new 32x50, single-story building would have about the same square footage as the old one; approximately 1600 square feet. The southeast corner of the former building will be used to determine the site of the new building. The Applicant intends to continue the use of the building as a bar/restaurant.
There followed a brief discussion with Town Zoning Officer Robert Hathaway on whether the building would be within the flood plain. That has not been determined yet.
If it is determined that the building is in the floodplain, then a cellar cannot be part of the structure.
Town Zoning Officer Robert Hathaway noted that no septic is necessary because there is hook-up to a public sewer line, and there is already a well on the property.
There followed a lengthy discussion on the number of lots owned by the Applicant, and the size of the lot for the proposed building. It was determined that the Applicant owns three lots adjacent to each other, and that the lot in question is Lot #49, and is listed as being .14 acres in size.
Barbara Faraone expressed disappointment that the new
building would not be used for office space.
She asked Ms. DeCore if she had considered hiring an engineer, but Ms.
DeCore did not want to incur the expense.
Chairman Stephen Bodnar asked the Board members if they had any further questions. They did not.
Chairman Stephen Bodnar said that the Applicant had made a presentation, the Town Zoning Officer had commented, and the Board has had an opportunity to ask questions regarding the proposal. He noted that the Application had not been forwarded to the County for comment.
Proof of notice for a Public Hearing was furnished by newspaper on July 18, 2006. There were no interested parties; the Public Hearing was closed. Ms. DeCore submitted a list of signatures by 7 neighbors stating that they knew of the public hearing and had no concerns about the variance. (The list has been made part of the permanent file in this case.)
Barbara Faraone cautioned Ms. DeCore to research where the State has asserted ownership of property along the highway before construction of the building. The road was put in by the State in 1923, but the right-of-way taken by the State was never mapped. Ms. DeCore was given directions on how to obtain that information.
Barbara Faraone made a motion to grant the variance for a one-story, 32x50 building, to be constructed no closer to the highway than the southeast corner of the previous building, on Lot # 49. The motion was seconded by William Moreau. Chairman Stephen
Bodnar aye, Bill Moreau aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, Barbara Faraone aye, and Clarence Fosdick aye.
Carried 7 0 GRANTED
Old Business: None
New Business: Town Supervisor Tom Wood summarized the actions taken at the last Town Board meeting for the Board.
The next regular meeting will be August 28, 2006 at 7:30 p.m.
Barbara Faraone made a motion to adjourn at 9:03 p.m. The motion was seconded by James Burke. Chairman Stephen Bodnar aye, Bill Moreau aye, Thomas Carringi aye, Joyce Waldinger aye, James Burke aye, Barbara Faraone aye, and Clarence Fosdick aye.
Carried 7 0
Catherine E. Cicero