DRAFT
TOWN OF SARATOGA
ZONING BOARD
OF APPEALS MINUTES
April 26, 2004
7:30 PM
Chairman
Stephen Bodnar called the meeting to order at 7:30 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 � present
Also
present: Zoning Officer Robert Hathaway, Donald and Margaret Ormsby, James and
Susan Bowen, John Witt, Douglas and Paula Sheely, Russell Kirkwood, Albert and
Linda Macica, John and Judi McSwieney, Lisa Schroeder-Bevis and John Bevis,
Walter Hayes, and Thomas and Edith Yannios.
Approval
of Minutes: All board members present had read the minutes of the
March
22, 2004 meeting.� A motion was made by
Barbara Faraone and seconded by Thomas Carringi to accept the minutes of March
22, 2004 as written.� Chairman Stephen
Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, James Burke � aye,
David Hall � aye, Barbara Faraone � aye, and William Schutz � aye, Clifford
Hanehan � absent.� Carried 7-0
Order of Business:
Bob
Hall, former Town Supervisor and current County Planning Board Member addressed
the board.� He commended the board on
doing a great job.� Bob Hall referred to
the Town of Saratoga�s 2002 Comprehensive Land Use Plan and the concerted
efforts made by the boards and townspeople through numerous public hearings to
create the plan which reflects the goals of the town and its land uses.� It took 2 � years to finalize the plan with
a cost of $30,000.� He stated that a lot
of thought went into the minimum lot sizes adopted in the plan and that we need
to go by them.�� He referred to the proposed
marina on 1.69 acres and that the plan calls for a minimum of 3 acres.� The variance required is too
substantial.� He asked the board to
please consider the Comprehensive Plan�s guidelines when making their decisions
and that it is too soon to start reducing the recommended lot sizes.�
#04-06: Martin Millis
����������� � 110 Schuyler St.
����������� � Victory Mills,
NY 12884
S/B/L# 170.38-1-6 Village
Extension
Applicant is seeking to convert his home into two
apartments.� Area variances for lot area
and setbacks are needed.�� Applicant failed to appear.
#04-07:Witt Construction�� ����������������������� ����������� ����������� ANW
Holdings, Inc., Owner
563 North
Broadway������ ����������������������� ����������� ����������� 194
Woodlawn Avenue
Saratoga
Springs, NY 12866������� ����������� ����������� Saratoga
Springs, NY 12866
S/B/L# 206-1-38 Rural
District
Applicant
proposes a residential conservation subdivision of 9.31+/- acres at 79 Brown
Road, Town of Saratoga.� An area
variance is needed since the minimum requirement for a conservation subdivision
is 10 buildable acres.
John
Witt addressed the board with his design for the conservation subdivision,
which consisted of three houses with 5.01 acres of open space.� He also remarked that without the
conservation subdivision a road could be built to town specifications and three
to four homes could be built.� Bob
Hathaway, Zoning Officer, commented that the shared driveway shown on his plan
is not in our zoning and that the town board would have to rezone in order for
that to be permitted.� John Witt replied
that with a conservation subdivision, frontage requirements are relaxed and there
could be three separate private driveways off Brown Road.�
�
Proof of notice having been furnished Chairman Stephen
Bodnar opened the Public Hearing:
John McSweeney, 3 Hill Rd, adjoining property owner, addressed the board with questions and concerns. �The first was the high density created by the clustering of homes with the conservation subdivision.� The second concern was the 30-foot easement to the 5.01 acres of open space and the possible future use of the open space.� The third concern was with the precedent that the three clustered homes set for the 90 acres nearby in the future.�� John Witt explained that the 5.01 acres would remain forever wild by deed restriction and that the 30-foot easement was there for access by farmers so that the 5.01 acres of open space could be hayed/farmed.���
Marybeth Macica, 120 Brown Rd., asked who
would own the 5.01 acres of greenspace and John Witt responded that it hasn�t
been decided yet if it would be attached to one homeowner or to a homeowners
association.�
Russell Kirkwood, 26 Hill Rd., asked if the
Zoning Board would extend the decision for six months.� Chairman Stephen Bodnar responded that
possibly 30 days but not six months.
All
having spoken that wanted to the Public Hearing was closed.
Barbara
Faraone read the letter from Attorney Stephen Parker, representing Michael
Russo, 1150 Route 9P, who owns a parcel of land contingent to 79 Brown
Road.� He stated his client�s concern is
that a buffer zone be planned between the development and
the
border of his property.� Chairman
Stephen Bodnar mentioned that he spoke to Michael Russo on the phone and he
spoke against the project.
Bill
Schutz questioned which would be the best option, conservation subdivision with
three homes or a town road with three homes?�
John McSweeney asked John Witt, if denied, would he put a cul-de-sac in
with three houses or would he go with two houses along the road?� John Witt stated that it would make sense to
put in the cul-de-sac with the high prices that lots are bringing but he is not
sure which way he would go.
�
Zoning
Officer Robert Hathaway stated that if we allow shared driveways they should be
for everybody and the Comprehensive Plan requiring 10 acres should be
followed.�
Barbara
Faraone made a motion to table the decision until the next meeting for more
input.� No one seconded the motion.� Bill Schutz then made a motion to deny the
request for the area variance since the developer has other options available
and the current regulations state a minimum of 10 acres is required for a
conservation subdivision.� Dave Hall
seconded this motion. Chairman Stephen Bodnar � no, Joyce Waldinger � aye,
Thomas Carringi � aye, James Burke � aye, David Hall � aye, Barbara Faraone �
no, and William Schutz � aye, Clifford Hanehan � absent.� Carried 5-2�
DENIED
#04-08 Donald &
Margaret Ormsby
����������� �331 Route 32
����������� Schuylerville, NY 12871
S/B/L#182-1-53
Rural District
Applicants are seeking area variances for lot size and the front setback for replacing their home that was destroyed by fire with a doublewide trailer 50� x 26.6�.� Donald and Margaret Ormsby addressed the board and stated that the new home will set 15� further back from the road than the home that was destroyed.� Chairman Stephen Bodnar noted that the water and sewer is there.� Bob Hathaway, Zoning Officer, noted that the area and setback is improving with the new home.� Chairman Stephen Bodnar read a letter in support of the variance from neighbor Martin Boivin.
�
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
Dave
Hall made a motion to grant the variance for the front setback and lot area to
enable the placement of the doublewide on the lot where they have lived for
fifty years.� This also improves the
setback that exists.� Thomas Carringi
seconded the motion. .� Chairman Stephen
Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, James Burke � aye,
David Hall � aye, Barbara Faraone � aye, and William Schutz � aye, Clifford
Hanehan � absent.� Carried 7-0� GRANTED
�
#04-09 Jim &
Sue Bowen
����������� 414
Burgoyne Rd.
����������� Saratoga Springs, NY 12866
S/B/L#168-2-26
Rural District
Applicants are seeking a lot area variance to place a 14� x 28� inground pool on +/- 30,000-sq. ft. lot, where 80,000-sq. ft. is required.� Jim and Sue Bowen addressed the board with the drawings for the placement of the inground pool. Chairman Stephen
Bodnar read a letter in favor of granting the variance from neighbors Peter Grassi and Yvonne Woolley.�� The Bowen�s stated that they are trying to purchase additional property as they lack the 80,000 sq. ft. required.� James Burke commented on the property�s location and how private it is resulting in no impact to the neighborhood.
�
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
�Joyce Waldinger made a motion to grant the area variance as presented for the placement of an inground pool and James Burke seconded the motion.� Chairman Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, James Burke � aye, David Hall � abstain, Barbara Faraone � aye, and William Schutz � aye, Clifford Hanehan � absent.� Carried 6 - 0, 1 abstain� GRANTED
#04-10 Doug &
Paula Sheely
������������ 269 Rt. 32 South
������������ Schuylerville, NY 12871
�S/B/L# 169.-1-46 Rural District
Applicants are seeking an area variance to place an 18� x 36� inground pool on a +/- 38,000-sq. ft. lot, where 80,000-sq. ft. is required.� Doug and Paula Sheely addressed the board and presented letters from the bordering neighbors, Lea Seymour and David and Joan Riebel, stating no objections to the granting of a variance for the inground pool.� Zoning Officer Bob Hathaway spoke in favor of granting the variance, as it is insignificant.�
Proof of notice having been furnished Chairman Stephen Bodnar opened the Public Hearing: No one spoke for or against the variance.
Chairman
Stephen Bodnar introduced a motion to grant the area variance as presented for
the placement of an inground pool and Barbara Faraone seconded it. Chairman
Stephen Bodnar � aye, Joyce Waldinger � aye, Thomas Carringi � aye, James Burke
� aye, David Hall � aye, Barbara Faraone � aye, and William Shutz � aye,
Clifford Hanehan � absent.� Carried
7-0� GRANTED
Information
Walter Hayes
Burgoyne Rd.
Schuylerville, NY
12871
S/B/L # 169-1-66
Rural District�
Information is requested regarding building on property owned by Arthur Sutliff, 256 Burgoyne Rd., Schuylerville, NY where a mobile home now exists.� Walter Hayes addressed the board representing Arthur Sutliff.� He explained that he wanted to build a 24� x 24� single story home on a frostwall slab to replace the 60�s version mobile home with additions that is presently there and to clean the lot up.� Arthur Sutliff would live in the mobile home while the new home is being constructed.� The setbacks will be met and� improved but the side setbacks will not be met and are not presently met.� It was noted that he is reversing the location of the home and overall is improving the lot.� Chairman Stephen Bodnar explained that the lot is an undersized lot that was established prior to zoning and that now a variance is needed since he is not building on the same footprint.� Chairman Stephen Bodnar polled the board and they were in agreement that it is an improvement and when he applies for the variance it should be granted.
Old Business: Chairman Stephen Bodnar
referred to the memo from Supervisor Thomas Wood given to the board regarding
the meeting scheduled for May 5th at 7:00 p.m. for a presentation by
Larry Benton of the County Planning Board on Planned Unit Developments (PUD�s)
and he noted the importance of all attending.�
Barbara
Faraone asked for an update on the status of the variance requested for a
marina by Robert and Jean Tarrant on County Rd. 68.�� It was noted that no action was taken and a general discussion
by the board on the special meeting held for the marina variance followed.
New Business
The next Zoning Board of Appeals meeting will be Monday, May 24, 2004 at 7:30 p.m.
A motion to adjourn was made at 9:37 p.m. by James Burke and seconded by Joyce
Waldinger.� Chairman Stephen Bodnar �
aye, Clifford Hanehan � absent, Joyce Waldinger � aye, Thomas Carringi � aye,
James Burke � aye, David Hall � aye, Barbara Faraone � aye, and William Schutz
- aye.�� Carried 7-0
Respectfully
submitted,
Ruth
L. Drumm
Clerk