� ��TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
April 24, 2017
Chairman William Moreau called the meeting to order
at 7:00 p.m. and led the flag salute.�
Chairman William Moreau welcomed
everyone to the meeting and proceeded to review the Rules
of the Board.
Zoning
Clerk Linda McCabe called the roll: Chairman William Moreau � present, Clifford Hanehan � present, Thomas Carringi � absent, Clarence
Fosdick � present, Christopher Benn � present, Nicholas Schwartz - absent, Steve
Mehan - present, Alternate Member Mark Sullivan - present.
Due
to the absence of two Board Members, Alternate Mark Sullivan was elevated to
full voting status.
Also
present: Building Inspector/Zoning Officer Gil Albert, Steven Brooks and Terri
Korb.� (Sign-in sheet is on file in the
Clerk�s office.)
Approval
of Minutes: A motion was made by Clarence
Fosdick, seconded by Chris Benn, to accept the meeting minutes of March 27, 2017.�� Chairman William Moreau � aye, Clifford
Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye, Mark Sullivan - aye.
Carried �6 - 0
Approved
Area Variance
Steven
Brooks #17-05
306
Rt. 32 S.
Schuylerville,
NY 12871
S/B/L
182.-1-60.3 Rural
Due to a miscalculation of measurement
with last month's application, the returning Applicant now seeks a 46' front
set back variance to construct a new storage building.
Applicant Steven
Brooks appeared before the Board.
Zoning Officer Gil
Albert stated when he went to the property to do the footing inspection he
noticed immediately that there had been an error of measurement.� One is supposed to measure from the center of
the road 25' back to the property, and then measure 60' back from that
point.� He explained that to the Applicant
and told him he would have to send him back to the ZBA due to the difference of
the front setback measurement.� He said
he feels this was an honest mistake and perhaps he wasn't clear on how to take
the measurement when talking with the Applicant.�� He added there is nowhere else for the
Applicant to build the garage, due to the lay of the land.� He sent him here to make sure the variance is
correct.
The Board questioned
where the well is located and the Applicant replied it is on the opposite side
of the property from the septic.
Chairman William
Moreau asked if there were any other Board questions; there were none.
Chairman William
Moreau asked Zoning Officer Gil Albert his opinion and he responded he believes
the Applicant is doing the best he can with what he has and he is fine with
this; there is nowhere else on his property to put it.
After providing Proof of Notice in the Saratogian on April
14, 2017, Chairman William Moreau opened the Public Hearing at 7:10 p.m. asking those wishing to speak to please stand and
state their name and address.� Seeing as
no one spoke, Chairman William Moreau
closed the Public Hearing at 7:11 p.m.
Chairman
William
Moreau then
went through the Balancing Test, line by line with the Board; the Board found in favor
of the Applicant.
A motion was made by Chris Benn, seconded by Steve
Mehan, to grant the 46' variance as submitted.�
Chairman William Moreau � aye,
Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye, Mark Sullivan -
aye.� Carried� 6 - 0
Granted
Old Business:
Chairman William Moreau stated that Town Attorney William Reynolds was not
present at the February meeting and the Board had granted a frontage variance,
conditional upon review by the Town's attorney.�
After reviewing the application, Town Attorney William Reynolds
recommends the Board rescinding the variance since it was not needed because
there is no minimum frontage requirement for agriculture fields.� Seeing as the variance was for the balance of
the lands after a subdivision, and seeing the land is an agriculture field, it
is not necessary.
On a motion made by Clifford Hanehan, seconded by
Christopher Benn, the following Resolution #17-01 - Rescinding the Winney
Frontage Variance, was adopted by
vote: Chairman William Moreau � aye,
Clifford Hanehan -aye, Thomas Carringi - absent, Clarence Fosdick - aye, Chris
Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye, Mark Sullivan -
aye.� Carried� 6 - 0
WHEREAS,
the Zoning Board of Appeals, at its regular meeting held on February 27, 2017,
granted a frontage variance upon the application of Steve Winney for property
located at 1045 County Route 70 (Appeal #17-01), and
WHEREAS,
such variance was made subject to review by Town Attorney William Reynolds, and
WHEREAS,
following such review, Town Attorney William Reynolds provided an opinion that
the variance application was not required for the balance of the land after
subdivision, as there are no minimum frontage requirements for agriculture
fields, and
WHEREAS,
after due deliberation, the Zoning Board of Appeals agrees with the opinion of
counsel, it is now, therefore,
����������� RESOLVED, that the granting of the variance in regards to Appeal #17-01, is hereby rescinded for the reason that a frontage variance is not required for agriculture fields.
Terri Korb addressed
the Board.
New Business:
none
A motion was made by Clarence Fosdick, seconded by
Mark Sullivan, to adjourn the meeting at 7:51 p.m.� Chairman William Moreau � aye, Clifford Hanehan -aye,
Thomas Carringi - absent, Clarence Fosdick - aye, Chris Benn - aye, Nicholas Schwartz
- absent, Steve Mehan - aye, Mark Sullivan - aye.� Carried
6 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held April
24, 2017.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~