� �������TOWN OF
ZONING BOARD
OF APPEALS MINUTES
March 25, 2019
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 - present, 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: Zoning Officer Gil Albert, �Doug
& Carol Post, Penny Hardenstine and Terri Korb. (Sign-in sheet is on file
in the Clerk�s office.)
Approval
of Minutes: A motion was made by Christopher
Benn, seconded by Clarence Fosdick, to accept the meeting minutes of February
25, 2019.�� Chairman William Moreau �
aye, Clifford Hanehan - absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher
Benn - aye, Nicholas Schwartz - recused as not present last month, Steve Mehan
- aye, Mark Sullivan - aye.
Carried �6 - 0�
(one recusal)
Approved
Public Hearings for Area
Variance
Doug
& Carol Post #19-02
1260
Rt 9P
Saratoga
Springs, NY 12866
S/B/L
193.14-1-13.2
Applicants seek a 22' front setback variance to build a single family home.� Doug Post was sent to the Z.B.A. by the Planning Board, as they had to deny him due to the need for a 22' front setback.
Applicant Doug Post
appeared before the Board, stating they were sent to the ZBA by the Planning
Board.� �He reviewed his proposal for subdivision before
the Planning Board and was told he needed a front setback variance.� He is seeking a 22' front setback variance to
build a house.
Chairman William
Moreau asked if there were any Board questions.
After a lengthy
discussion with the Board, Nicholas Schwartz suggested the Applicants move the
building envelope down slope toward the lake, as there's a design issue with
the placement of the garage.� The
Applicants won't be able to back out of the garage and remain on their own
property the way it is currently designed.�
You have to have 25' minimum radius; they'd have to clear � of the
garage to make a movement and there's no way to keep all the movement on their
property.�
The Applicant
explained his engineer was trying to keep this on solid ground/hard pan,
instead of shale, which is in the area just recommended.� He also stated they have approval and sign
off from NYS DEC and NYS DOT, explaining that Building Inspector Gil Albert had
them get approval from those agencies prior to allowing them to apply for the
variance.�
Nicholas Schwartz
showed the Applicant, on the survey, where he felt the building envelope should
be located to make it more workable and safer.�
It� would be 7' closer to the lake
and also allow for less of a setback variance; they'd need 15' instead of 22'. �The Board viewed the proposed new location of
the building envelope and agreed it makes it better.
After providing Proof of Notice in the Saratogian on March
15, 2019, Chairman William Moreau opened the Public Hearing at 7:15 p.m. asking those wishing to speak, to please stand and
state their name and address:�
Penny Hardenstine, 1258 Rt. 9P, stated she is not in favor of this, the new house will
disrupt part of her view and devalue her house.�
She doesn't believe they can meet setbacks and it is very steep
there.� She knows the Board gave the
other neighbor a 22' setback, but she is against this.�
Terri Korb, Hill Rd., said after more than two years she still cannot understand giving
variances and does not understand how it is keeping within the Comprehensive
Plan; can someone explain it to her.� She
asked how many board members go to the properties and look at them.
Chairman William Moreau
responded he always goes out to the properties of applicants, which is what
most of the Board members do as well.� They
view the properties that come before them and the Board also takes into account
comments and concerns of the neighbors and they look at percentage of lot sizes
as well.� Recommendations are sometimes
given and some applicants alter their plans and others do not and/or cannot.
Building Inspector/Zoning
Officer Gil Albert added that people have property rights and people have to
work with the contours of the land as well.�
Sometimes variances are needed.
Terri Korb stated maybe he just
shouldn't be allowed to subdivide.
Chairman William Moreau
responded the Applicant has plenty of land to subdivide.� He is here only for a setback variance.� People have property rights.
Penny Hardenstine, 1258 Rt.
9P, handed a letter to the Board and
said her house is worthless without the view.
Chairman William Moreau asked
if the Applicant wanted to respond.�
Applicant Doug Post replied
that Penny is a great neighbor.� She
couldn't see the lake from her home, nor he from his own, until he did all the
hard work he's done over the years.� She
wouldn't have a view if it weren't for him.�
Her view will be diminished but her north view remains intact.� The main reason for setting the house where
proposed was to keep from encroaching on the lake and for the stability of the
garage.� He questioned how much further
back the Board suggests he move.
Nicholas Schwartz responded
that he needs 25' radius, not 18', to make the turn and pushing it back to the
west 7', will allow the Applicant sufficient clearance to make the turn and it
will be much safer.
The Applicant agreed to push
it back 7' as suggested.
Chairman William
Moreau asked if there were any further questions of the public or the Board;
there were none.� Chairman William Moreau
closed the Public Hearing at 7:40 p.m.
Chairman William
Moreau went through the Balancing Test, line by line with the Board, which
found in favor of the Applicant.
A motion was made by Nicholas Schwartz, seconded by
Thomas Carringi, to approve a 15' front setback variance.� 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: None
New Business: None
A motion was made by Nicholas Schwartz, seconded by Clarence
Fosdick, to adjourn the
meeting at 7:55 p.m. �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
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held April
22, 2019.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~