� ��TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
March 27, 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, Chris Benn � present, Nicholas Schwartz - present, Steve Mehan
- present, Alternate Member Mark Sullivan - present.
Due
to the absence of Board Member Clifford Hanehan, Alternate Mark Sullivan was
elevated to full voting status.
Also
present: Building Inspector/Zoning Officer Gil Albert, Steven Brooks, Rex James
and Town Attorney William Reynolds.� (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 February 27,
2017.�� 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
Approved
Area Variance
Rex
James #17-02
772
Rt. 29
Saratoga
Springs, NY 12866
S/B/L
168.-3-9.1 Rural Residential
Returning Applicant seeks a 13'
side set back variance and a 2' lot width variance in order to combine two
structures by building a connection of a habitable space.
Applicant Rex James
appeared before the Board and reviewed his denial of last month's meeting and
the changes he has made in order to become compliant with Town regulations.� He then stated his nearest neighbors wrote a
letter of support on his behalf since they were unable to attend the meeting;
he gave that letter to the Chairman for the file, as well as a photo showing
the location of his house and the neighbor's house. (letter and photo are on
file in the Clerk's office)
Nicholas Schwartz
questioned if the outstanding CO is still open on this property.
Building Inspector/Zoning
Officer Gil Albert replied it is; he added although it was with the previous
owner, it is on this property and until it is closed he will be issuing no
building permits.� He needs to see and
inspect the electrical in the upstairs bathroom in the house.
Chris Benn stated
the Applicant shows two different plans; which one is the correct one?
Applicant Rex James
responded he showed one that is a fully habitable space and the other one shows
a short hallway into the livable space, in the center, from both
structures.� He did that because he was
unsure exactly what the Board wanted; he will go with whatever is acceptable.
�
Chairman William
Moreau asked if there were any further questions of the Board; there were none.
After providing Proof of Notice in the Saratogian on March
17, 2017, 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.� Seeing as
no one spoke, Chairman William Moreau
closed the Public Hearing at 7:16 p.m.
Chairman William Moreau asked if there any questions of the Board.
Nicholas Schwartz asked if he will need a new septic system.
Building Inspector/Zoning Officer Gil Albert responded he'll check to
see if original is designed to handle both, if not, then a new one will need to
go in.
Applicant Rex James stated he will put one in if needed; the new one
will go with the house and the old one will be used for the garage structure,
although this becomes one structure once combined.
Chairman
William
Moreau then
went through the Balancing Test line by line with the Board; the
Board found in favor of the Applicant.�
Chairman William
Moreau then read the response from the County for last month's application for
this Applicant, which we didn't receive until after that meeting.� It states no significant county wide or inter
community impact.
Chairman William
Moreau asked for the Town Attorney's opinion; he had no opinion.
Chairman William
Moreau asked Building Inspector/Zoning Officer Gil Albert for his opinion; he
stated he is fine with this, but the open CO must be closed.
Nicholas Schwartz made a motion, seconded by Thomas
Carringi, to approve the 13' side yard setback variance and the 2' lot width
variance as presented. �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
Granted
The Applicant
thanked the Board.
Steven
Brooks #17-05
306
Rt. 32 S.
Schuylerville,
NY 12871
S/B/L
182.-1-60.3 Rural
Applicant seeks a 33' front set back variance to construct a new garage/storage building.
Applicant Steven Brooks
appeared before the Board stating he seeks to build a 24' x 24' garage.
He explained he is
unable to move it further back on his property due to the stream that runs
through the property, as well as the location of the septic, which is half way
between the house and the boundary line, and his well is on the other side of
the property, so he can't move it there.�
He said it would begin as a pole barn and later when he has the funds,
he will be adding walls to make it a garage for both his vehicle and his wife's
vehicle.� He has a large shed on the far
end of his property and he will be removing half of it once the garage is
completed.�
Clarence Fosdick
questioned if the stream is seasonal.
Applicant Steven
Brooks responded it does dry up, but when any rain comes, it is running and it
does flood with heavy rains.
Board discussion
ensued on possible ways to fill in that area.�
Building Inspector/Zoning Officer Gil Albert stated he really can't fill
it in there.� The land slopes down a bit
but the way that area fills with water and floods, �it would take a great deal.� He really can't move it anywhere else on the
property.
Chairman William
Moreau asked if there were any other Board questions; there were none.
Chairman William
Moreau asked for the Town Attorney's opinion; Town Attorney William Reynolds
responded he had no opinion.
Chairman William
Moreau asked for the Zoning Officer's opinion; Zoning Officer Gil Albert
responded he believes the Applicant is doing the best he can with what he has
and he is fine with this.
After providing Proof of Notice in the Saratogian on March
17, 2017, Chairman William Moreau opened the Public Hearing at 7:32 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 7:33 p.m.
Chairman William Moreau asked if there was any response from the County;
there was not.
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 33' variance as presented.�
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
Granted
Old Business:
none
New Business:
none
A motion was made by Chairman William Moreau, 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, 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 April
24, 2017.��
Respectfully submitted,
Linda McCabe
ZBA Clerk
~Meeting dates are subject to change~