June 26, 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 – absent, Thomas Carringi – present, Clarence Fosdick – present, Christopher Benn – present, Nicholas Schwartz - preent, Steve Mehan - present, Alternate Member Mark Sullivan - present.


Due to the absence of Clifford Hanehan, Alternate Mark Sullivan was elevated to full voting status.


Also present: Building Inspector/Zoning Officer Gil Albert, Robert and Sally Hartwell and Jeff Kelleher.  (Sign-in sheet is on file in the Clerk’s office.)


Approval of Minutes: A motion was made by Chris Benn, seconded by Clarence Fosdick, to accept the meeting minutes of April 24, 2017.   Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - abstained due to being absent at the April meeting, Steve Mehan - aye, Mark Sullivan - aye.

Carried  6 - 0



Area Variance


Robert & Sally Hartwell #17-07

14 Marcel Rd.

Clifton Park, NY 12065

S/B/L 193.10-1-10 Lake Residential

Location:  1326 Rt. 9P


Applicants would like to construct a 26' x 30' single family home on this parcel and seek a 10' two-sides variance and a 2' side variance to do so.


Applicant Robert Hartwell stated that Realtor Jeff Kelleher would speak on behalf of himself and his wife, as Jeff Kelleher understands the regulation requirements better than he.

Jeff Kelleher, 351 Rugg Rd., addressed the Board on behalf of the Applicants and reviewed the application.  He said the lot has 49' of frontage and the lot narrows a bit as it goes back, to about 45' in width, then opens up again as it continues back, but wetlands are in the back.  To construct the house further back on the parcel is a problem due to the narrowing of the lot and if they moved it up a bit, away from the wet area, it would be as if they were in a tunnel.  In order to have any lake view, they'd like the house closer to the road, locating it 63' back from the road's edge.  He stated that without the requested variances the house would only be 16' wide due to the confines of the lot. 


Chairman William Moreau asked if there were any questions or comments of the Board. 


Clarence Fosdick questioned how close the neighbors are on the side of the house where the 8'

variance is requested.


Jeff Kelleher responded 10' - 12' and there is a fence there. 


Chairman William Moreau then asked Zoning Officer Gil Albert for his opinion. 


Zoning Officer Gil Albert stated this is keeping within the surrounding area, so he is okay with this.


Chairman William Moreau asked Town Attorney William Reynolds for his opinion; he had no opinion.


After providing Proof of Notice in the Saratogian on June 16, 2017, Chairman William Moreau opened the Public Hearing at 7: 08 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 7:09 p.m.


Chairman William Moreau then read the letter from the Saratoga County Planning Board which indicated no significant county wide or inter-municipal findings.


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 Clarence Fosdick, seconded by Thomas Carringi, to grant the  variances as submitted and presented.  Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye, Mark Sullivan - aye.  Carried  7 - 0



Old Business: Clarence Fosdick asked Nick Schwartz to summarize the Joint Board meeting held last Thursday with the Board.   Nick stated the Board had a discussion concerning all the aspects that must be thoughtfully looked at for the Rt. 29 business corridor.  He then said that the Board has to inventory what they have at their disposal versus what they may want to see there, and question if there is additional information they should look at before getting down to specific uses to that zone.  In terms of looking at things, he meant what is the maximum developable area there is on Rt. 29; where's the water,  where's the prime agriculture land, where are the wetlands, etc...and how do all those things interplay to give us what would be the developable corridor.  The Board has a lot of mapping from the county that kind of pieces this together.  There is a program through the Capital District Transportation Commission (CDTC) for their linkage program, that allows for grants, 75 - 25 match, which CDTC gives you 75% of the grant and the Town puts up 25% .  The Joint Board thought this a good idea and they made the decision to approach the Town Board on the option of applying for a CDTC grant to help with a corridor study and implementing a scope of services to bring the proposed business corridor on Rt. 29 to fruition.  He added that he and Gil Albert will address the Town Board at their next agenda meeting to discuss this with them.  Nick Schwartz also added that if the Board approves applying for the grant, he will write the grant for the Town.  A lengthy discussion continued.


New Business: None


A motion was made by Clarence Fosdick, seconded by Chris Benn, to adjourn the meeting at 7:55 p.m.  Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi -

aye, Clarence Fosdick - aye, Chris 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 July 24, 2017.  


Respectfully submitted,



Linda McCabe

ZBA Clerk

























~Meeting dates are subject to change~