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 Clerks 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
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
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
The next Zoning Board of Appeals meeting will be held April 24, 2017.
~Meeting dates are subject to change~