TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
MARCH 22, 2004
Chairman Stephen Bodnar called the meeting to order at 7:30 p.m. and announced that our Town Justice James Priest had passed away and asked for a moment of silence.
Chairman Stephen Bodnar explained the Rules of the Board.
Clerk Ruth Drumm called the roll: Chairman Stephen Bodnar present, Thomas Carringi present, Barbara Faraone present, Clifford Hanehan present, William Shutz absent, Joyce Waldinger present, David Hall present, and Alternate James Burke present
Also present: Zoning Officer Robert Hathaway, and see attached sign-in sheet of townspeople attending.
Approval of Minutes: All board members present had read the minutes of the
February 23, 2004 meeting. A motion was made by Barbara Faraone and seconded by David Hall to accept the minutes of February 23, 2004 as written. Chairman Stephen Bodnar aye, Clifford Hanehan aye, Joyce Waldinger aye, Thomas Carringi aye, James Burke aye, David Hall aye, Barbara Faraone aye, and William Shutz - absent. Carried 7-0
Order of Business:
#04-03: Robert L. & Jean Tarrant, applicants
41 Cliffside Drive
Saratoga Springs, NY 12866
Conservancy District, S/B/L# 167.-1.-16
Applicant is seeking an area variance to establish a marina on 1.69 acres fronting Fish Creek off County Road 68. A marina requires 3 acres. A seasonal rowing center is planned for this location. Robert Tarrant addressed the board noting that only non-motorized vessels will be used except for the safety and coachs boats, which have only 8 h.p. motors. A storage building and a small retail outlet for rowing related items are planned. There will be a 60 floating dock, parallel to shore and it will be removed during the off-season. A gravel driveway is planned with parking for 16 cars. During the off season, storage for rowing shells and canoes will be provided.
Thomas Carringi asked about the normal hours of operation. Bob Tarrant replied that they would parallel hours of daylight, usually 6:30 a.m. until 6:00 p.m. and would shorten towards fall. Bob Tarrant addressed the concerns over noise and assured the board that noise would not be tolerated and abusers would lose their rowing privileges. He stated that the people that row out of their business now at the Fish Creek Marina are mostly
older people using sculling boats, singles and doubles, that make very little noise and they row to enjoy the tranquillity of the surroundings.
Barbara Faraone voiced concerns regarding the small size of the parcel and the congestion in that area of the Creek where there would now be three marinas in a short distance with this one in a residential area. She was also concerned about the amount of activity and noise, along with the increased traffic due to the store and visitors that may come by.
Clifford Hanehan inquired about the amount of road frontage on the 1.69 acre parcel and it was determined there is about 110. Chairman Stephen Bodnar noted that there is no road frontage requirement for a marina in the regulations in a Conservancy District. The board felt that must be a mistake although Zoning Officer Robert Hathaway confirmed that the old regulations also left out a road frontage requirement for a marina in the Conservancy District.
Chairman Stephen Bodnar noted that the lots on the subdivision map provided by Robert Tarrant did not appear to be divided in the same manner as the one provided to him by Planning Board Chairman Ian Murray with the planning boards recommendations. Clifford Hanehan noted that Robert Tarrants appeared to create an illegal subdivision showing a flag lot with only 20 of road frontage.
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing.
The following people spoke in favor of the rowing center/marina:
Diana Barnes, 495 Union Ave., Saratoga Springs, NY 12866
Ruth Stone, 27 State St., Valley Falls, NY 12185
Chris Grasso, President Saratoga Springs Rowing Club, Grand Ave., Saratoga Springs, NY 12866
Holly Hulfish, 115A White St., Saratoga Springs, NY 12866
Tom Frost, 41 Long Alley, Saratoga Springs, NY 12866
Joan Taylor, 240 Fitch Rd., Saratoga Springs, NY 12866
Liz Hillger, 32 Oakwood Dr., Queensbury, NY 12804
Curt Warshort, Saratoga Springs, NY 12866
Lorraine Skibo, 42 Regatta View Dr., Saratoga Springs, NY 12866
Ageo Frizzera, Dyer Switch Rd., Saratoga Springs, NY 12866
The following people spoke against the rowing center/marina:
Lisa Schroeder-Bevis, 104 County Rd. 68, Saratoga Springs, NY 12866
John Bevis, 104 County Rd. 68, Saratoga Springs, NY 12866
David Hall asked about the roadway and guardrails and Robert Tarrant replied that the curb cut permit has been applied for and that the 15 wide entrance would not interfere with the guardrails. He also noted that the line of site is met in both directions.
Chairman Stephen Bodnar explained the many options that are before the board concerning this variance and the points that need clarification. The points of concern are
the question of minimum road frontage for a marina that needs input from our Town Attorney, input from the County Planning Board and further communication with our Planning Board. Clifford Hanehan commented that he would like more information
before voting and Joyce Waldinger added she would like to see some of the discrepancies with the maps clarified.
A motion was presented by Clifford Hanehan and seconded by Barbara Faraone to table any action for 30 days so that more information can be gathered from our Town Attorney, the County Planning Board and the Towns Planning Board. . Chairman Stephen Bodnar aye, Clifford Hanehan aye, Joyce Waldinger aye, Thomas Carringi aye, James Burke aye, David Hall aye, Barbara Faraone aye, and William Shutz - absent. Carried 7-0 TABLED
Robert Tarrant commented that the Planning Board has stated that it would require a stipulation in the granting of the Special Use Permit that would prevent any future development as a commercial marina. The use will be as a rowing center. It was noted that there is a fine line between the two. Robert Tarrant will return and will be put on the April 26th agenda.
295 Fitch Rd.
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing. No one came forward, for or against, this case.
A motion was made by Barbara Faraone and seconded by James Burke to grant the area variance. Chairman Stephen Bodnar aye, Clifford Hanehan aye, Joyce Waldinger aye, Thomas Carringi aye, James Burke aye, David Hall abstained, Barbara Faraone aye, and William Shutz - absent. Carried 6-0 GRANTED
Applicants are seeking an area variance to put a Townhouse on a 30,000 +/-square foot parcel where apartment houses now exist at 28, 29 and 30 Saratoga Lake Road. A townhouse requires 40,000 square feet. NO ONE APPEARED. There was some board discussion on the proposed variance for this property.
Old Business: Chairman Stephen Bodnar asked Zoning Officer Bob Hathaway about the building plans for the property going up at the corner of Cedar Bluff Road and Route 9P, Olivers at 106 Holy Lane. It appears that the first floor is on the existing footprint and that the second floor has a 2-foot overhang and that a third floor with dormers is planned. Zoning Officer Bob Hathaway noted that there is nothing in the regulations against building a third floor in a one family residence. There was much discussion by the board members as to how to apply the footnote regarding the two-story limit in the regulations. Barbara Faraone suggested we take this matter to our Town Attorney. Chairman Stephen Bodnar noted that Supervisor Thomas Wood was going to survey the site.
New Business: Chairman Stephen Bodnar mentioned that the Zoning Amendment workshop was held on March 16, 2004 with progress on the proposed Agricultural Tourist Home amendment and fee schedule changes. Additional suggestions are still welcomed.
The next Zoning Board of Appeals meeting will be Monday, April 26, 2004 at 7:30 p.m.
A motion to adjourn was made at 9:58 p.m. by Dave Hall and seconded by Thomas Carringi. Chairman Stephen Bodnar aye, Clifford Hanehan aye, Joyce Waldinger aye, Thomas Carringi aye, James Burke aye, David Hall aye, Barbara Faraone aye, and William Shutz - absent. Carried 7-0
Ruth L. Drumm