� �������TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
August 26,
2019
Chairman William Moreau called the meeting to order
at 7:00 p.m. and asked for a Moment of Silence in honor and memory of former
Z.B.A Chairman, Stephen Bodnar, who recently passed away.�
Chairman
William Moreau led the flag salute, 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 � present, Clarence
Fosdick � absent, Christopher Benn � present, Nicholas Schwartz - present, Steve
Mehan - present, Alternate Mark Sullivan - present.
Due
to the absence of Clarence Fosdick, Alternate Mark Sullivan was elevated to
full voting status.
Also
present: Zoning Officer Gil Albert, Attorney William Reynolds, Dick Vale, Vinny
& Elizabeth DiMartino, George Olsen, Jason Thomas, Monica Bell, Terri Korb,
John Cashin, Larry & Sally King. (Sign-in sheet is on file in the Clerk�s
office.)
Approval
of Minutes: A motion was made by Christopher
Benn, seconded by Steve Mehan, to accept the meeting minutes of July 22, 2019.�� Chairman William Moreau � aye, Clifford
Hanehan - aye, Clarence Fosdick - absent, Steve Mehan - aye, Christopher Benn -
aye, Nicholas Schwartz - aye, Thomas Carringi - aye, Mark Sullivan - aye.
Carried �7 - 0
Approved
Public Hearings for Area
Variance
Vinny
& Elizabeth DiMartino #19-05�������� Representative:� George Olsen, Olsen Associates
173
Carrol St.����������������������� ����������������������������������������������� ����� 36 Long Alley
Brooklyn,
NY 11231������������������������������������������������������������ ����� Saratoga Springs, NY 12866
S/B/L� 206.6-2-16 Lake Residential
Location:
1191 Rt. 9P
Applicant seeks an area variance of
6,000 square feet, 26' front setback and 1'5" back setback variances in
order to remove existing structure and construct a new house.
*Board Member Nicholas Schwartz recused
himself due to a contractual relationship he has with the Applicant's
agent.� He then arose and sat with the
public.
George Olsen, Olsen Associates, Architects, 36 Long Alley, Saratoga Springs,
NY, appeared on behalf of the Applicants.�
He stated that the Applicants are under contract to purchase the
property on Rt. 9P.� There is an existing
1� story house with full basement, perched precariously on the edge of the bank.� The Applicants would like to remove the current
house and garage and construct a new 2 story single family home with attached
garage.� They would like to move it back
in line with the bank so it is no longer hanging over the bank edge, and they'd
like to pull it back 10' from the existing setback from the street.� The problem is, when the lot was rezoned, the
front setback and rear setback now overlap with no space between, so the existing
house is 18' from the rear setback; they'd like to pull it back 5', which makes
it 1�' short of the required setback.�
The front setback currently is 4' to the face of the covered porch,
they'll be removing the existing house and making the house wider but less
deep, so they're asking for 14' back from the front property line.� They do not need any side setback variances
as the house will be wider but shorter/more narrow.�
Clifford Hanehan was confused on the overlapping of setbacks.
George Olsen reviewed his submittals with the Board and explained the
red line shows the front setback and the green line is the rear yard setback. �When it was rezoned, the two setbacks overlap
with no space between them.�
Zoning Officer/Building Inspector Gil Albert stated the lot is
pre-existing.
Chairman William Moreau asked if there were any Board questions; there
were none.� He then asked the opinion of
the Zoning Officer.
Zoning Officer/Building Inspector Gil Albert stated they're making the
best they can of the lot and concerning the setbacks, they're making it better.
Chairman William Moreau then asked for the opinion of Town Attorney
William Reynolds.�
Town Attorney William Reynolds said two variances are significant and
he'd prefer to answer questions of the Board.
Zoning Officer/Building Inspector Gil Albert added they need to remember
this is an existing lot and below percentage of lot coverage.
Clifford Hanehan questioned if the square footage is greater or less
with the proposed house.
George Olsen responded greater, but the new house will be shaped
differently.
Chairman William Moreau questioned the square footage of the existing
house and garage.
George Olsen responded approximately 1500+/- plus decks.� He said the proposed is 2400, including a two
car garage.� He added as there is an
entrance on each end of the parcel, they'd like to put pavers across the front,
between them, so they won't have to back out onto Rt. 9P.�
Zoning Officer/Building Inspector Gil Albert told him to check with
NYSDOT, as they made another owner who had two access points to their property
on Rt. 9P, remove one.�
Clifford Hanehan questioned how will front and back setbacks change.
George Olsen replied currently the front setback is at 4' and they're
going to 14', back setback is currently at 18'7" and going to 23'7",
bringing in the front setback 10', the back setback 5' and with removing the
current garage they eliminate the need for any side setbacks.
Clifford Hanehan questioned if they've considered moving the house
further back for more stability.
George Olsen responded, looking at the submittal, the blue line is the
current bank of the ledge and they plan to be on that line or as close as
possible to it.� He said if they receive
the variances, they have a geo-technical engineer set up to go look at the bank.� They anticipate doing a deeper foundation in
the back, there will be a basement for stability and it will be anchored on
site.� He then showed the Board an email that
the current owner had which shows it was stabilized, but they will be sure it
is stable before building on it.
Christopher Benn questioned Zoning Officer/Building Inspector Gil Albert
if DEC or Army Corp need to be notified.
Zoning Officer/Building Inspector Gil Albert responded as long as
they're building out of the water there is no issue.
Clifford Hanehan asked to read the email aloud, he read: "The shore
line had not been hardened or stabilized in the past when the cottage was
originally built by the prior owner.� The
cottage construction also predates current NYS building code requirements and
is considered a pre-existing structure that is grandfathered in.� We applied/completed a NYS DEC permit that
required the width of 150' of shoreline for stabilization, spent $50,000.00 in
the process when acquiring the cottage.�
The shoreline is now considered hardened and stabilized to NYS DEC
standards.� You have the DEC information
on file, however the cottage structure issues, as seen, would be why the
property will be torn down."
Chairman William Moreau stated at some point we should have a copy of
that for the file.
George Olsen replied along with a copy of the geo-technical report when
they get that as well.
Chairman William Moreau asked if there were further comments or
questions from the Board; there were none.
After providing Proof of Notice in the
Saratogian on August 16, 2019, Chairman William Moreau opened the Public Hearing at 7:22 p.m. asking those wishing to speak, to
please stand and state their name and address:
Richard Vale, 1128 Rugby Rd., Schenectady, NY, owner
of Saratoga Lake Motel, 792 Rt. 9P, gave a history of the property, said the
property is not stable, how the owner wouldn't sell it to him and he is opposed
to this.
Terri Korb, 17 Hill Rd., had concerns over the
location of the fence, feels the proposed home is excessive in size and is very
opposed to this.� She also read a letter
from a neighbor who is opposed to this as well, adding that her neighbor didn't
receive notification until this past Wednesday.�
She did not submit said letter to the Board.
Sherry Treiber, 573
Rt. 9P, current owner of 1191 Rt. 9P, stated her husband did a lot to make sure
the bank was stabilized and she thinks the proposed owners are doing their due
diligence to make sure that the studies are done appropriately and that
whatever is needed for construction is done correctly.� Nothing will be done that is problematic or
cause erosion.� The property has quite a
width to it to accommodate a structure; the properties on either side are not
buildable lots.
George Olsen asked to speak and received Board permission.� He stated that in the beginning of his
presentation he said he is an architect.�
He is not a geo-technical engineer.�
The DiMartino's came to him and said they are looking at this house and
he told them the first thing they need to do is get a geo-technical
engineer.� They have two proposals in
excess of $7,000 - $8,000 with geo-technical engineers, who, not surprisingly,
are too busy to get this done before their contract is up with the seller.� So what they wanted to do is come before the
Board tonight and address the zoning issues, knowing very well we have to go
back for the geo-tech work before we can get a building permit or before he,
personally, will stamp the building that goes on there.� He will make sure the bank is stable and
figure out the best way to keep the house on the bank.� We all know that banks erode and that the
existing structure was probably built on shallow footings; it's coming down
because it doesn't sit on the property well.�
What they'd like to do, as he said in the beginning, is shrink the house
in the front to back distance so it does relate to the bank and they'll have
full geo-technical information - if that proves to be not stable, as that
gentleman stated earlier, my clients won't buy the property.� He said they don't think that's the case, at
least from the preliminary investigation.
Zoning Officer/Building Inspector Gil Albert added that this is for the
variances for the house.� As far as
technical engineering, they'll do what they have to do, probably stabilize it
like they've done on Rt. 9P. �They may
have to go down to the bedrock of the lake and build the wall up, but they are
seeing if they can get the variance first, to get started.� Then they'll decide to spend the money on the
engineering, or not.� It can be done,
it's just a question if they want to spend the money to do it all.� But tonight they are here to see if they can
get the variances.
Christopher Benn then stated he wanted to address the comment that
everyone's talking about- the 6000 square feet variance; that has to happen on that
lot no matter what.� It doesn't matter if
they want to build a match box on that lot, they still need the 6000 square
feet area variance due to the existing constraints of that lot.�
Zoning Officer/Building Inspector Gil Albert agreed and said it isn't
anything they created and they're keeping the percentage down under the
35%� coverage; due to the constraints of
the lot they need two variances.� As
George pointed out, if you go by what is required, you can't put anything
there, you're at negative numbers.� You
have to get a front and back variance no matter what you do there.
Attorney William Reynolds added that currently there is a single family
dwelling on this lot and has been for some time.� We should not be taking, from home owners,
the ability to have a viable property.�
So your job, as a Board, is to try and minimize the impact but not take
away property rights of the owners; you need to strike a balance.
Chairman William Moreau stated to clarify an earlier comment by Terri
Korb, Jan Wysocki received her notification on August 19th, not last
Wednesday.� We have the receipt of
delivery, which shows the tracking number and that it was delivered at 2:31
p.m. and signed for at her reception desk on August 19, 2019.
Seeing as all had spoken that wished to be heard, Chairman William Moreau closed the Public Hearing at 7:42 p.m.
Chairman William Moreau asked if there were any further Board comments
or concerns prior to going �through the
Balancing Test.
Clifford Hanehan commented, to clarify, what the Zoning Board has to do,
is look at what their charge is.� It is
not the Board's job to do the geological studies or the assessments of whether
this house can properly or safely be built.�
It is our charge to do our job, which is to see what house fits here and
to see how the setbacks all work and there are two or three variances here the
Board has to look at.� So that is what
the Board is charged with looking at; not some of the other things that have
been brought up.�
Chairman William Moreau went through the Balancing Test, line by line,
with the Board; the Board found in favor of the Applicant.�
Town Attorney William Reynolds noted that due to pre-existing lot size,
no matter what is done, variances will seem substantial, but you can't build a house
any other way.�
Clifford Hanehan added that if �it
can be done with the geology and safely done, it can be done.� Other houses on that lake have been
done.�
Chairman William Moreau stated if they stabilize it and put a house
there, they'll reduce erosion and/or environmental effects.� They're stabilizing the bank.� Everyone's worried that this bank is going to
erode more, well in fact they're stabilizing it by putting a foundation there,
similar to the retaining wall that was put in on Rt. 9P foundation.
Zoning Officer/Building Inspector Gil Albert stated he can't/won't issue
a building permit without first being provided information regarding the
engineering, per state code.
A motion was made by Christopher Benn, seconded by Mark
Sullivan, to approve the variances as presented.� Chairman William Moreau � aye,� Clarence Fosdick - absent, Steve Mehan - aye,
Christopher Benn - aye, Nicholas Schwartz - recused, Clifford Hanehan - aye,
Thomas Carringi - aye, Mark Sullivan - aye.�
Carried� 6 - 0
Approved
*Board Member Nicholas
Schwartz returned to the Board.
Lawrence & Sally King #19-06
157 Nielson Rd.
Saratoga Springs, NY 12866
S/B/L 193.14-1-1 Lake Residential
Applicants seek to demolish
existing house and construct a new home on the same footprint. �
Applicant Larry King appeared
before the Board, handed copies of their survey to the Board members and stated
they bought the house 3 years ago and they've done some landscaping but there
are issues with the house.� The porch
roof is holding water and dipping down and looking out the windows, you see the
dipped roof, not the lake.� They've been
trying to figure out how to fix it, which is what they really wanted to do, as
they weren't looking to build new.� But
when you take the porch off, and try and get the foundation properly supported and
get the floor level with everything else and start changing the roofs; it
starts to become quite a project, adding�
they might as well demolish it.�
So they are asking the Board for a variance in order to build upon the
exact footprint; they don't want to go bigger, perhaps smaller, but there are
structural things very wrong there; it was built piecemeal.��� He then said either they demolish it or he's
afraid it will be condemned.� He added
that the survey shows a deck but that is now gone.
Zoning Officer/Building
Inspector Gil Albert stated this is a corner lot on Rt. 9P and Nielson Rd.� As their driveway is on Nielson Rd., their address
is Nielson Rd. so they need the variance.�
Clifford Hanehan noted if on
Rt. 9P they wouldn't need the variance, but because on Nielson, they need a 23'
variance.
Nicholas Schwartz stated that
with a corner lot with two roads you have two fronts with the possibility an
address on either one; clearly his address is Nielson Rd. so that should be considered
front.� He's requesting a 17' variance,
pretty cut and dry.� He then told the
Applicant he'd probably like to amend his application from 40' to 23', which is
a 17' variance.
Applicant Larry King agreed
with him and amended his application.
Christopher Benn questioned if
the percentage of coverage is for the total property.
Zoning Officer/Building
Inspector Gil Albert responded yes and it's no problem.� With decks and sheds its 9% - 15%, well under
the 35%, so no variance needed for that.
Chairman William Moreau asked if there were any Board questions; there
were none.
Chairman William Moreau asked for the opinion of the Zoning Officer.
Zoning Officer/Building Inspector Gil Albert responded he sees no issue
and they are making it better.
Chairman William Moreau asked for Attorney William Reynolds opinion; he
had no opinion.
After providing Proof of Notice in the
Saratogian on August 16, 2019, Chairman William Moreau opened the Public Hearing at 8:04 p.m. asking those wishing to speak, to
please stand and state their name and address.� Seeing
as no one wished to speak, Chairman
William Moreau closed the Public Hearing at 8:04.5 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 Clifford Hanehan, seconded by Thomas
Carringi, to approve the 17' front variance as amended by the Applicant.� Chairman William Moreau � aye,� Clarence Fosdick - absent, Steve Mehan - aye,
Christopher Benn - aye, Nicholas Schwartz - aye, Clifford Hanehan - aye, Thomas
Carringi - aye, Mark Sullivan - aye.�
Carried� 7 - 0
Approved
Old Business:
Board member Nicholas Schwartz stated next month will be his last meeting until he is able to move back here.
Attorney William
Reynolds reviewed what is and is not substantial with variances, explaining
that it is subjective and that even if the answer is that a requested variance
is substantial, it does not mean the Board has to vote against it; you go through
the criteria, even if it was self created, it does not mean it should be automatically
denied.
New Business: None.
A motion was made by Nicholas Schwartz, seconded by Mark
Sullivan, to adjourn the
meeting at 8:23 p.m. �Chairman William Moreau � aye, Clifford Hanehan - aye, Thomas Carringi
- aye, Clarence Fosdick - absent, Christopher Benn - aye, Nicholas Schwartz -
aye, Steve Mehan - aye, Mark Sullivan - aye.�
Carried� 7 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held September
23, 2019.��
Respectfully submitted,
Linda McCabe
ZBA Clerk�����������������������������
�����������������������������������
~ Meeting dates are subject to change ~