TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
May 24, 2004
Chairman Stephen Bodnar called the meeting to order at 7:40 p.m.
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 – absent, William Schutz – present, Joyce Waldinger – present, David Hall – present, and Alternate James Burke – absent
Also present: Douglas E. Clark, William P. Crossman, Eugene H. Gierka, Dave Carr, Eleanor Mullaney, Atty., Sandra Dalzell, Edward Charbonneau, Walter Hayes, Ruth Stone, Ajeo Frizzera, Maureen Guthrie, Sue Dakia, Michelle Hunt, Lorraine Skibo, Jean and Bob Tarrant, Lisa Schroeder Bevis and John Bevis
Approval of Minutes: All board members present had read the minutes of the
April 15th and April 26th, 2004 meetings. A motion was made by Barbara Faraone and seconded by David Hall to accept the minutes of the April 15th and April 26th, 2004 meetings as written. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – aye, William Schutz – aye, Clifford Hanehan – absent, Alternate James Burke - absent. Carried 6-0
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 returning seeking an area variance to establish a marina on 1.69 acres fronting Fish Creek off County Road 68. The required acreage is 3 acres. Robert Tarrant addressed the board. He stated that the 6.93 acre parcel is now being divided into just two parcels, one for the rowing center of 1.69 acres and the remaining 5.24 +/- acres for Edward Charbonneau’s daughters. A seasonal rowing center is planned for this location with storage space for rowing shells and removable floating docks parallel to the shore. Sixteen gravel parking spaces are planned with a gravel path to the water. He then asked Dave Carr of the LA Group to speak on the more technical aspects. Dave Carr reported that a 2400 sq. ft. building is planned which is a 3.2% building coverage where the regulations allow 10%. He noted that the wooded area contains the wetlands. He commented on the 100 - year floodplain elevation of 210 ft. and that there will be no development within the 210 contour. Dave Carr noted that Fish Creek is very conducive to rowing and that there are few other opportunities along the creek for a rowing center. He also mentioned that it would not be possible to increase the lot to 3 acres because that
would include Mr. Charbonneau’s barn and part of his house. Attorney Eleanor Mullaney then addressed the board noting that it is a substantial variance but the acreage cannot be increased because the lot is confined by Mr. Charbonneau’s structures. She also mentioned that concerns with noise or the establishment of quiet zones could be written into the Special Use Permit along with other restrictions. She noted that this is an existing use on the creek, just across the bridge, and that they are just trying to relocate it.
Chairman Stephen Bodnar and Barbara Faraone voiced concerns on the likelihood of the business growing and adding to the congestion on the creek along with parking issues that now exist on the other side of the bridge.
Chairman Stephen Bodnar read the decision from the Saratoga County Planning Board. Their decision was to disapprove of the area variance and special use permit. They commented that after deducting the wetland area, the proposed lot results in a useable area of one acre where three is required. They mentioned that the Town’s Comprehensive Plan recognized the need to protect the town’s unique natural resources through land use regulations and that the Conservancy District was designed for low impact/low density uses and purposely established a 3-acre minimum for a marina as a way of protecting and preserving environmentally constrained properties from more intense development.
Chairman Stephen Bodnar read letters from Holly Vegas and Sally, Vicki, Debbie and Rochelle in favor of granting the variance to the Tarrants. It was noted that a letter from
Ellen and Marion Ruhle against granting the variance was read at the Special Meeting on April 15th. He then allowed comments from the public.
The following spoke against granting the variance:
Douglas Clark, 140 DeGarmo Road, representing his aunts, Marion and Ellen Ruhle
Lisa Schroeder-Bevis & John Bevis, 104 County Rt. 68
Bill Crossman, 142 DeGarmo Road
The following spoke in favor of granting the variance:
Ageo Frizzera, 88 Dyer Switch Road
Maureen Guthrie, 119 Kaydeross Park Road
Ruth Stone, Town of Pittstown Planning Board
Lorraine Skibo, 42 Regatta View Dr.
Milford Lester, Eureka Drive
Chairman Stephen Bodnar communicated that the board is faced with the task of deciding if the property is suited for a rowing center and for the surrounding community.
Bill Schutz stated that after careful review, although he is not opposed to a rowing center, the property at 1.69 acres, which includes wetlands, is far from the 3 acres required and difficulties regarding the positioning of the existing home, garage, and well, prevent it from being enlarged. These obstacles make it hard for him to be positive on granting the variance. He also noted concerns about the traffic that it will create on the northeast side of Fish Creek and that he felt it would be better to keep the businesses on one side of the bridge.
Chairman Stephen Bodnar, after asking for any further comments from the board and the public, called for a motion. He noted that five votes in favor of the variance are needed since the Saratoga County Planning Board disapproved of it. Barbara Faraone made a motion to deny the area variance stating that it is too substantial, and that it will change the character of the neighborhood and Bill Schutz seconded it. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – no, David Hall – aye, Barbara Faraone – aye, William Schutz – aye, Clifford Hanehan – absent, Alternate James Burke - absent. Carried 5 – 1 DENIED
#04-11: Walter Hayes, applicant
255 Burgoyne Rd.
Schuylerville, NY 12871
Arthur Sutliff, owner
S/B/L# 169.-1-66 Rural District
Applicant is returning seeking to replace an existing trailer with a 24’ x 24’ stick built home on the undersized lot at 256 Burgoyne Road. An area variance for lot area is needed. The lot is 1.4 acres and 2 acres is required. Walter Hayes addressed the board for permission to build a 576-sq. ft. house on the existing undersized lot. It was determined that 155 feet of road frontage exists and that the setbacks would improve with the construction. Walt Hayes presented a letter of support from the neighbors. Chairman Stephen Bodnar suggested that the existing mobile home with its additions be removed within 90 days after the issuance of the Certificate of Occupancy on the new home. There were no other concerns and the project was regarded as an improvement.
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
A motion to grant the area variance with the condition that the existing mobile home with its additions be removed within 90 days after the issuance of the Certificate of Occupancy on the new home was introduced by Bill Schutz and seconded by David Hall. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – aye, William Schutz – aye, Clifford Hanehan – absent, Alternate James Burke - absent. Carried 6 - 0 GRANTED WITH CONDITION.
#04-12:Jerry Patterson, applicant
87 Old Schuylerville Rd.
Saratoga Springs, NY 12866
Donald Casey, owner
S/B/L# 170.38-1-7 Village Extension District
Applicant is seeking a use variance to run a small engine repair shop at 124 LaFayette St., Victory Mills. APPLICANT DID NOT APPEAR. Chairman Stephen Bodnar was
notified by Donald Casey, owner that the house was sold to another party. Chairman Stephen Bodnar also noted that the Village Extension District is zoned as strictly residential.
#04-13 Valerie Golojuch, applicant
238 Forts Ferry Rd.
Owners: Eugene & Helen Gierka
Lake Residential, S/B/L# 193.18-1-67
Applicant is seeking a lot area and setback variance at 1213 Route 9P to build a one car garage, 14’x 20'. Lot area required is 15,000 sq. ft., 6000 sq. ft. is available.
APPLICANT DID NOT APPEAR. Eugene Gierka, owner, addressed the board and stated that this should be tabled until the ongoing litigation on this landlocked parcel has been mitigated and the board agreed. TABLED
1168 Route 9P
Saratoga Springs, NY 12866
S/B/L 206.6-2-43.2 Lake District
Marilyn Cook has requested to be on the agenda for information regarding the area variance granted to the previous owner of her property, Douglas Herrington, at 1168 Rt. 9P, Saratoga Lake, on June 25, 2001. She would like to renovate the camp. APPLICANT DID NOT APPEAR.
Old Business: Chairman Stephen Bodnar asked the board to look over the Draft Copy of the proposed Planned Unit Development (PUD) being considered and to comment on any additions or corrections. The next committee meeting is scheduled for tomorrow evening. The board suggested that Certified letters be required for neighbor notification in the future. Chairman Stephen Bodnar will suggest that to the committee as an addition to the zoning changes.
The next regular meeting will be June 28, 2004 at 7:30 p.m.
A motion to adjourn was made at 9:08 p.m. by Barbara Faraone and seconded by Bill Shutz. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Barbara Faraone – aye, and William Schutz - aye. Carried 6-0
Ruth L. Drumm