TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
July 28, 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 – present, William Moreau – present, James Burke – present,
Alternate John Deyoe – present.
Also present: Town Zoning Officer Gil Albert, Patricia Jolie-Zotzmann and Mark DeBrocky. (Sign-in sheet is on file in the Clerk’s office)
Due to the absence of Clifford Hanehan, Chairman Stephen Bodnar elevated Alternate member John Deyoe to full voting status.
Approval of Minutes: A motion was made by Clarence Fosdick and seconded by John Deyoe to accept the minutes of the June 28, 2008 meeting as written, with a minor clarification on page 2, at the end of the first paragraph, stating Sam Palazolle agreed to holding the Town of Saratoga harmless for any damage to the walls with signs; this had already been recorded as part of his Notice of Action and in the motion to approve his variances. Chairman Stephen Bodnar – aye, Clifford Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone – aye, William Moreau – aye, Clarence Fosdick – aye, Alternate John Deyoe – aye.
Carried 7 – 0
Order of Business:
826 Rt. 29
Saratoga Springs, NY 12866
S/B/L 155-1-44 Rural Residential
Applicant is seeking information to see if it is possible to obtain area variances in order to subdivide the veterinary hospital and storage buildings from the apartment building, located on Rt. 29 and the corner of Bryant’s Bridge Rd.
Applicant Patricia Jolie-Zotzmann appeared before the Board. She explained that she originally purchased this property because demographically it would be good for her veterinary practice and it has been wonderful for her business. She would like to divide the property in order to sell the apartment. She never wanted the duplex apartment to begin with, but it was part of the property. The Applicant would also like to expand her
business sometime in the future. The Applicant stated she is looking to the Board to find out if she will be able to get a variance or variances, in order to subdivide, or suggestions and help with what she can do. Chairman Stephen Bodnar questioned if she received a variance for the veterinary business and she said yes. Zoning Officer Gil Albert stated the Applicant had to get a special use permit for her business. The Applicant stated she’d like to add a two-story addition and move the parking to the rear of the property, away from Rt. 29 for a safer entrance/exit for all; one would pull in off of Bryant’s Bridge Rd. instead of Rt. 29 and she would then have grass covering the current parking lot. The Applicant also stated she believes she found the septic. There is one well and two septic systems on the property. The well is located on the side of the storage barn on the Bryant’s Bridge Rd. side of the property. William Moreau stated that this is a non-conforming lot as is, and now the Applicant is proposing to make two non-conforming lots. Zoning Officer Gil Albert said she would have to put in a new well if divided. John Deyoe questioned where the new well would go and Zoning Officer Gil Albert, along with William Moreau, stated the new well has to be 100’ away from the leech field and 50’ away from the septic for the duplex and 100’ away from the leech field for the veterinary building and 50’ away from the veterinary septic along with being 100’ away from any neighbor’s septic. The Applicant said it seems like there isn’t any place on the property to do that. Zoning Officer Gil Albert responded she wouldn’t know until she identified where the septic system is. Chairman Stephen Bodnar said the biggest problem with this is the Applicant has less than 2 acres of land. It is required today to have 3 acres for a veterinary practice and a minimum of 2 acres for the apartment building. She has the frontage, but not the land. William Moreau stated the Board has to look at the future; the property is nice but just doesn’t meet the acreage for subdivision. Chairman Stephen Bodnar and Zoning Officer Gil Albert do not think the Applicant will be able to get the well in within the 100’ requirements. Chairman Stephen Bodnar suggested she look at using the property, perhaps using the duplex as the larger veterinary hospital in the future. He also stated that since she has less than 3 acres the Board would not be able to grant the variances she would need. The Applicant stated she appreciates the Board’s time and help. Chairman Stephen Bodnar said he is sorry they couldn’t help her. The Applicant again thanked the Board.
41 Louden Rd.
Saratoga Springs, NY 12866
S/B/L 155-1-71 Rural Residential
Applicant is seeking information to see if it is possible to obtain variances to add a 25’ – 50’ breezeway connecting a new modular home onto the back of his existing house, creating a two-family dwelling on his 2.63-acre lot.
Mark DeBrocky appeared before the Board explaining how he would like to add a 25’ – 50’ breezeway connecting a new modular home onto the back of his existing house, creating a two-family dwelling. He had a 10’ road frontage variance in the past due to having only 190’ of frontage and he has 2.63 acres. Chairman Stephen Bodnar asked Zoning Officer Gil Albert if this would come under “duplex” regulations, and what is the difference between a duplex and a two-family connected with breezeway. Zoning Officer Gil Albert responded a duplex shares a common wall, whereas a two-family can
be a breezeway connection with a garage apartment etc. It’s a technicality here; two-family connected with a breezeway is legal, we have some in the area. Chairman
Stephen Bodnar questioned if the ownership of the property will stay in one name and Zoning Officer Gil Albert said it has to, it is one lot and the Applicant responded yes, his and his wife’s names. Chairman Stephen Bodnar asked if this calls for one septic, two septics, one or two wells and Zoning Officer Gil Albert stated it can be one well, one septic due to ownership. Chairman Stephen Bodnar noted it depends on the size of the septic system and Zoning Officer Gil Albert concurred, adding it has to be sized for the amount of bedrooms and it has to meet the new water regulations minimum of 5 gallons per minute. The Applicant said it does. Zoning Officer Gil Albert told the Applicant he would need to show verification of that to the Board. Chairman Stephen Bodnar noted the Applicant would have to continue using the same driveway and the addition would need to be built behind the existing house in order to meet all setback requirements; the Applicant agreed. Chairman Stephen Bodnar asked for a past situation where this has been done and Barbara Faraone responded Tom McTyge’s. The Applicant said his wife would like the “breezeway connection” to be a sunroom instead of just a breezeway and it will be closer to 25’ than 50’. Chairman Stephen Bodnar stated this has been done in the past, though on a larger lot, and according to the Zoning Officer this can be done legally. Chairman Stephen Bodnar also stated this cannot be subdivided due to the lack of road frontage. The Applicant meets all other regulations and setbacks. Chairman Stephen Bodnar is okay with this. John Deyoe, Barbara Faraone, Thomas Carringi and James Burke also had no problem with this. Clarence Fosdick said to be careful with the location of the new modular; be sure to meet setbacks and with this being done he has no problem with this proposal. William Moreau agreed. Chairman Stephen Bodnar stated it is the Board’s opinion that if the Applicant comes before the Board and asks for a variance for this addition, it would most likely be granted. Zoning Officer Gil Albert stated the Applicant needs a current survey and once he has it he needs to bring it to him. They will go forward from there for the addition and if he meets all regulations he will only need a building permit and won’t have to come back before this Board. Zoning Officer Gil Albert questioned the Board if they mind him sending folks to them for information and the Board unanimously said it is fine for him to do so.
Old Business: None
New Business: None
Barbara Faraone made a motion, seconded by William Moreau to adjourn the meeting at 8:35 p.m. Chairman Stephen Bodnar – aye, Clifford Hanehan – absent, James Burke – aye, Thomas Carringi –aye, Barbara Faraone – aye, William Moreau – aye, Clarence Fosdick – aye, Alternate John Deyoe – aye.
Carried 7 – 0