TOWN OF SARATOGA
ZONING BOARD OF APPEALS MINUTES
May 23, 2005
Chairman Stephen Bodnar called the meeting to order at 7:34 p.m.
Chairman Stephen Bodnar led the flag salute and explained the Rules of the Board.
Clerk Catherine Cicero called the roll: Chairman Stephen Bodnar – present, Thomas Carringi – present, Barbara Faraone – absent, Clifford Hanehan – present, Joyce Waldinger – present, David Hall – present, James Burke – absent, and alternate Robert McConnell – present.
Also present: Zoning Officer Robert Hathaway.
Approval of Minutes: All board members present had read the minutes of the April 25, 2005 meeting. A motion was made by Thomas Carringi and seconded by David Hall to accept the minutes of the April 25, 2005 meeting as written. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Clifford Hanehan – aye, and Robert McConnell – aye. Carried 6 – 0
Order of Business:
176 County Rd 67
Stillwater, NY 12170
SBL 194.-1-7.1 Rural
Lisa Clark is seeking an area variance to put an addition on her house to accommodate her ailing parents. The Applicant requested that the matter be postponed until the June meeting. TABLED
Rt 9P Box 1226
Saratoga Springs, NY 12866
S/B/L 193.18-14-05 Lake Residential
Michael Sekerich addressed the Board, explaining that he has removed an existing trailer from the property and is seeking an area variance of 25’ to meet front setback requirements to build a single family, three bedroom, one-story home on the site. Mr. Sekerich stated that he lives at Box 1226, 9P. The property at issue is located behind his
property on a separate parcel, divided from his land by a “paper street,” which has never been developed. That strip of land is currently used for parking. Access to the lot is across Mr. Sekerich’s property, which fronts Rt 9P. Mr. Sekerich said that he will put in a blacktop driveway across his own property so that anyone buying the back lot will have direct access onto Rt 9P.
All variances have been met in the proposed site except for a 25’ front variance. Mr. Sekerich stated that the property is characterized by a steep slope and that granting the variance would minimize the amount of excavation and tree removal that would need to be done to situate the house. It would also provide better drainage. The trailer was 14’x 70’. The proposed house would be 62’x 39’. The site shares a well which also services Mr. Sekerich’s home. Mr. Sekerich stated that the well is 70’ deep and pumps 360 gallons per hour. He said that there is ample water for both properties. Mr. Sekerich stated that he would provide for the shared well in any deed resulting from the sale of the parcel, if necessary.
Bob Hathaway stated that building on the landlocked property was permissible because of the previously existing trailer, which allowed it to be grandfathered in.
Chairman Bodnar advised Mr. Sekerich that a site plan would be needed before any decision could be made. He added that the Board would also need to see the deed and a survey of the property. Mr. Sekerich replied that he would provide the Board with all the locations and dimensions of his proposal. He would also provide a copy of the most recent survey, which was 10 to 12 years ago. He said that he could provide all the information to Planning Clerk Catherine Cicero by June 13 to be on the June agenda.
Clifford Hanehan made a motion to table the application until June 27. By then the Board hopes to have a determination from the County and site plans from the Applicant. Thomas Carringi seconded the motion. Chairman Stephen Bodnar—aye, David Hall—aye, Joyce Waldinger—aye, Thomas Carringi—aye, Clifford Hanehan—aye, and Robert McConnell—aye. Carried 6-0. TABLED
Old Business: None
New Business: At the request of the Planning Clerk, the Board agreed to move the deadline for the filing of Applications from 10 days to 2 weeks prior to the meeting. It was noted that many times Applicants before the Board do not file all the necessary information for the Board to make a determination. Chairman Bodnar read from the Zoning Board of Appeals General Information and Procedures contained in the application form. (A copy is attached to these minutes.) A discussion followed in which it was determined that no application would be heard by the Board unless all information required on the application is provided to the Planning Clerk by the deadline for the meeting.
Chairman Bodnar said that the current policy of sending all applications to the County for review would be changed. He would collaborate with the Planning Clerk to determine which applications should be forwarded for review.
It was also determined that any cases that remain inactive for a period of two months will expire.
The next regular meeting will be June 27, 2005 at 7:30 p.m.
Joyce Waldinger made a motion to adjourn at 9:00 pm. The motion was seconded by Clifford Hanehan. Chairman Stephen Bodnar – aye, Joyce Waldinger – aye, Thomas Carringi – aye, David Hall – aye, Clifford Hanehan –aye, and Robert McConnell – aye. Carried 6 – 0.
Catherine E. Cicero
Zoning Board of Appeals
Town of Saratoga
General Information and Procedures
Zoning Officer Robert Hathaway (518) 584-4939
Zoning Board Clerk Catherine E. Cicero (518) 695-3644 ext. 22
Regular Meetings Fourth Monday of the month at 7:30 p.m.
Meeting Location Town of Saratoga Town Hall, 30 Ferry St., Schuylerville
1. The applicant or a representative must be present before the ZBA will hear the case.
2. The applicant must bring a plot plan showing all property dimensions, the size of the lot, and the location and size of all buildings, and a diagram showing all proposed changes. Photographs of the property and buildings are recommended. In addition, where appropriate, it is recommended that the applicant have a larger field drawing (such as a tax map) showing the location of all adjoining properties and their structures. For their own protection, the applicant should have a certified survey of the lot for which the variance is requested, but this is not mandatory.
3. The applicant should bring written, signed letters from adjoining landowners stating their position regarding the requested variance.
4. The applicant or their representative will describe the variance requested and answer all questions by members of the board.
5. Input concerning the requested variance will be requested from the zoning officer, the town planning board, and where appropriate, the county planning board.
6. Concerned citizens will be provided the opportunity to give input concerning the requested variance.
7. If more information is needed, the board may request that the applicant obtain the requested information and come back at the following month’s meeting.
8. In order for any motion to pass, 4 votes, the majority of the board, are required.
To allow a use not otherwise allowed in zoning, an applicant must demonstrate to the board Unnecessary Hardship. Such demonstration includes all of the following for each and every permitted use:
1. can not realize a reasonable return- substantial as shown by competent financial evidence;
2. alleged hardship is unique and does not apply to substantial portion of district or neighborhood;
3. requested variance will not alter essential character of the neighborhood;
4. alleged hardship has not been self-created.
If approved, the board shall grant minimum variance necessary, and may impose reasonable conditions.
Balancing test – Board of Appeals shall balance benefit to applicant with detriment to health, safety, and welfare of the community. Board of Appeals shall also consider:
1. whether benefit can be achieved by other means feasible to applicant;
2. undesirable change in the neighborhood character or to nearby properties;
3. whether the request is substantial;
4. whether the request will have adverse physical or environmental effects;
5. whether the alleged difficulty is self-created.
If approved, the board shall grant the minimum variance necessary, and may impose reasonable conditions.