TOWN OF SARATOGA

ZONING BOARD OF APPEALS DRAFT MINUTES

March 28, 2016

Chairman Stephen Bodnar called the meeting to order at 7:00 p.m. and led the flag salute.�

Chairman Stephen Bodnar explained the Rules of the Board.

Zoning Clerk Linda McCabe called the roll: Chairman Stephen Bodnar � present, Clifford Hanehan � present, William Moreau � absent, Thomas Carringi � present, Clarence Fosdick � present, John Deyoe - present, Chris Benn � present.

Also present: Town Attorney William Reynolds, Justin Crandall, Mr. & Mrs. Walt Borisenok, Matt Jones, Rita Conley, Patricia Phillips, Edward Carr, Raymond Carr, Daniel Tompkins, Mr. & Mrs. Michael Cirillo, Joanne Darcy Crum, Jim Zazewski, Todd Cirillo, Frank Owens, and other interested persons.� (Sign-in sheet is on file in the Clerk�s office.)

Approval of Minutes: A motion was made by John Deyoe, seconded by Chris Benn, to accept the meeting minutes of November 23, 2015.�� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye.�

Carried �6 - 0

Approved

Area Variance

Scott & Debbie Cartier #16-01

43 Spruce Ridge Rd.

Saratoga Springs, NY 12866

S/B/L 206.6-2-52 Lake Residential

Applicants seek a front setback variance to construct an addition of a new deck to their home.

Scott Cartier appeared before the Board and reviewed his application.� He stated he needs a front setback from one corner to build a new deck onto the lakeside of his home.� He said Zoning Officer Gil Albert sent him before the Board to obtain the variance and that Gil has his plans for the deck.

Chairman Stephen Bodnar stated he spoke with the Applicant on the phone and went out to see the property.� Chairman Stephen Bodnar added that Zoning Officer Gil Albert is on vacation but sent in his opinion; he is fine with this project.� He then asked if there were any questions from the Board; there were none.

Chairman Stephen Bodnar then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

After providing Proof of Notice in the Saratogian on March 18, 2016, Chairman Stephen Bodnar opened the Public Hearing at 7:09 p.m. asking those wishing to speak to please stand and state their name and address; no one addressed the Board and Chairman Stephen Bodnar closed the Public Hearing at 7:10 p.m.�

Chairman Stephen Bodnar asked if there were any questions from the Board; there were none.

A motion was made by Thomas Carringi, seconded by Chris Benn, to grant the 20' front setback variance as proposed for the 12' x 28' deck.� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye.

Carried 6 - 0

Approved

Frank Owens #16-02

62 Louden Rd.

Saratoga Springs, NY 12866

S/B/L 157.-1-49.2 Rural Residential

Location:� 1167 Rt. 29

Applicant seeks numerous variances to create a zoning compliant, single family residence with the renovation of the existing building, located at 1167 Rt. 29.��

Frank Owens appeared before the Board and explained that he wants to turn the old tv shop into a residence and rent it out.� He purchased the parcel, as well as the one beside it, from Mathew Ernst.� He said the well is 80' from the leach tank and that Zoning Officer Gil Albert said he'd need a building permit, but he needs the variances first from the Zoning Board.�

Chairman Stephen Bodnar asked if the building will remain as is.

The Applicant replied yes, he will be adding a window to each bedroom and to the kitchen and bathroom, but no change to the footprint of the building.

Chairman Stephen Bodnar questioned if he'll be renting it out and the Applicant responded yes.

Clifford Hanehan stated he'd like to see a real survey map; he doesn't like the hand drawn sketch.

Chris Benn said most of what the Applicant gave them is just fine, but they don't have the real dimensions on the land.

The Applicant replied that the cost of him providing the Board with a survey would be worthless to him unless he knows the Board will grant the variances.� He then questioned if the Board would consider a conditional approval based upon him providing the survey.

He said the lot is 118' x 112' deep.� The Building Inspector, Gil Albert, told him to bring in the sketch plan; it's an existing building and there will be no change to the building.� He also stated it has a well and septic.� He'd like to go forward with this project and asks for Board approval.

Chairman Stephen Bodnar stated the Board did not require the Cartier's to supply a survey map and they have granted variances in the past; yes, it's a change of use but the Board has granted this in the past.

Clifford Hanehan stated the list of variances is substantial, but, it is an existing lot with a building and he's not making it any bigger.

Chairman Stephen Bodnar said he's not in need of an area variance, it's not a use variance.

Town Attorney William Reynolds said it's not a use variance - and the building's always been that size.

The Applicant stated commercially that building hasn't succeeded and he'd really like to proceed with his project.�

John Deyoe said it's not a use variance so why is he in front of the Board?� It's already� a preexisting approved lot.� He also believes a survey has been done some time ago.

Discussion continued between the Board and the Applicant concerning the rules of the Board, process and purpose of the process.� Board members asked if he would consider a lot-line adjustment with the abutting parcel and the Applicant replied no, he's wanting to open a seasonal food service business on the abutting parcel.� He then said he really can't afford to do the survey and that it's a noncompliant lot and always has been.� He again asked what the survey would accomplish and Clifford Hanehan replied verification for the Board.�

The Applicant responded he will do the survey if needed, but he needs to know this will be approved if he goes to the expense of having it surveyed.

Board discussion ensued.� Town Attorney William Reynolds questioned if the Board is

deeming the application incomplete without the survey; the Board can go that way.

�

John Deyoe said Zoning Officer Gil Albert probably sent the Applicant here due to the change of use. �

Chairman Stephen Bodnar read Zoning Officer Gil Albert's opinion which stated he has no issue with this being granted.

Town Attorney William Reynolds suggested they adjourn this for now; he wanted to research this because he doesn't believe the Applicant needs to be before the Board for this.

Chairman Stephen Bodnar then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

��

After providing Proof of Notice in the Saratogian on March 18, 2016, Chairman Stephen Bodnar opened the Public Hearing at 7:50 p.m. asking those wishing to speak to please stand and state their name and address:

�

Mr. Carr, 43 King Rd., stated he has no problem with turning that into a residence.� He has concerns that the Applicant doesn't know his boundary lines and wants to be sure the septic is correct; he said he's had issues with past owners and their waste running onto his property.

The Applicant responded that was before he owned it; he questioned if Mr. Carr complained to the Town about that problem with the other owners?� He's already talked with the Building Inspector and is having it tested and is putting in a filtration system; he's not leaching onto the neighbor's land.� His leach field is off to the side, it doesn't go back and it's 80' from the well.� He said he will comply with what is required.

John Deyoe stated the Board can table it and let the Town Attorney research it.� He'd like to speak with the Zoning Officer, but he's for granting this project.�

Chairman Stephen Bodnar closed the Public Hearing at 8:03 p.m.�

Town Attorney William Reynolds questioned if a change of use requires a variance; he's unsure and would like to research it before rendering an opinion.

Clarence Fosdick stated he'd like to have Town Attorney William Reynolds research it.

John Deyoe made a motion, seconded by Chris Benn to postpone until the April meeting and let the Town Attorney do the research and make a recommendation to the Board.� Chairman Stephen Bodnar - nay, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye. �Carried 5 - 1

Postponed

Rita Conley #16-03

670 Rt. 29

Saratoga Springs, NY 12866

S/B/L 167.-1-15.12 Rural Residential

Applicant seeks a lot area variance, back setback variance, lot width variance and frontage variances in order to convert an existing storage building into a single residence.

Rita Conley appeared before the Board stating she is here for the same reason the previous Applicant was; a change of use of the existing building.� She purchased the old telegraph building on Rt. 29 and is renovating it as her home.�

Chairman Stephen Bodnar stated the Board needs a survey map showing the well, septic and distances.

The Applicant said she's had several companies come in to give her estimates.

Clarence Fosdick said there's no survey, it's needed.

The Applicant responded that Building Inspector Gil Albert never asked her to provide one and it's not a requirement on the application; it's not even mentioned on the application.� She said her 90 yr. old mother lives next door, and she's moved here to care for her.

Chairman Stephen Bodnar apologized that they didn't ask for a survey of the first applicant at the meeting this evening.

The Applicant reviewed her sketch plan with the Board as well as a copy of the old survey.� She said she spoke with Building Inspector Gil Albert prior to purchasing the building and he felt it would be fine; it's a noncompliant building and she's only going to be putting in some windows and doors - no additions.�

Board discussion continued concerning a possible lot-line adjustment of her mother's land, which she doesn't want to do since it would increase her taxes and her mom doesn't have the frontage to give her.� The Board suggested she see if she could purchase a bit more land behind her since the requirement is 1.5 acres in that district.� The Applicant responded that she is on a small budget and it would increase her taxes so she really doesn't want to do that.�

John Deyoe stated he's in favor of this; she has the old survey.

Chairman Stephen Bodnar asked the opinion of the Town's attorney.

Town Attorney William Reynolds said this is similar to the previous case, adding he couldn't give a definitive answer; the change of use needs to be researched to see if the Applicant needs to be before the Board for this.

Chairman Stephen Bodnar then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

��

After providing Proof of Notice in the Saratogian on March 18, 2016, Chairman Stephen Bodnar opened the Public Hearing at 8:37 p.m. asking those wishing to speak to please stand and state their name and address; no one addressed the Board.

Chairman Stephen Bodnar closed the Public Hearing at 8:38 p.m.�

Clifford Hanehan made a motion, seconded by Chris Benn, to postpone until next month to allow the Town Attorney to research if the variance is needed and to gather more information and the Applicant needs to provide the Board a copy of the layout on a plot plan, with the location of the well, septic and leach field.� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye. �

Carried 6 - 0

Postponed

Edward DeCore #16-04�� Representative:� Justin Crandall

1112 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 206.9-2949 Lake Residential

Applicant seeks a lot area variance, building coverage variance, front, back, two-sides and side setback variances, lot width and frontage variances in order to construct single family home.

Justin Crandall appeared on behalf of the Applicant.� He told the Board the property was a bar/tavern in the past.� It burned down and the Applicant would like to convert it into a single family residence.� The existing foundation will be repaired and used and a garage will be added.� The house will be 50' x 32' and the garage will be located in the rear of the property and will be 24' x 24'.� He does not have an official survey, he wasn't asked to provide one, but the corner posts were already there and they took the measurements from them.� He said he asked the Applicant to combine the lots and he's agreed if need be.� He'd like to begin construction and is hoping for an approval from the Board.� He reviewed the plans with the Board.

John Deyoe asked if the entrance would be off of Palmers Maple Shade and Justin Crandall replied yes, because Rt. 9P is so busy.� John Deyoe agreed.

Clifford Hanehan questioned if the Applicant is okay with merging the properties?

Justin Crandall replied yes.

Chairman Stephen Bodnar questioned the square footage of the combined lots.

Justin Crandall replied 90' x 120' roughly.

A man named Kevin interrupted saying he was representing Florence Shaw and she owns the property south and west of the land being referred to and as far as he's read in the deeds, there is no right-of-way on Palmers Maple Shade for Mr. DeCore and he suggested that Mr. DeCore have his driveway off of Rt. 9P.� Mr. DeCore is not part of the Palmers Maple Shade Association; never has been, never wanted to be until last year when he requested he become a member of the Association; he was turned down.� They allow him to drive down the road and Florence Shaw allows him to cross over in his lawn tractor but that's it.� He's never had a right-of-way granted him.� He also added that Mr. DeCore's fence is on Florence Shaw's property.� Other than that, he has no issue with the garage and stated with all his frontage on Rt.9P he should use that and not Palmers Maple Shade.

Chairman Stephen Bodnar said the Applicant has the floor right now; public hearing has not been opened up - it's time to get back to the order of business.�

Justin Crandall apologized and stated he was unaware that Mr. DeCore was not a member because Mr. DeCore had told him he was part of the Association.� He then stated he can have the entrance come off of Rt. 9P since the frontage is there.

Chairman Stephen Bodnar said the Board has no survey and it seems like there are larger issues at hand.� He asked if there were any Board questions or comments.

Clifford Hanehan said he feels they need more information.

Chairman Stephen Bodnar as well as John Deyoe said that if the lots will be combined it changes everything except for the road setback.� Chris Benn agreed.

Chairman Stephen Bodnar then read the letter from the Saratoga County Planning Board which indicated no significant county wide or intercommunity impacts.

After providing Proof of Notice in the Saratogian on March 18, 2016, Chairman Stephen Bodnar opened the Public Hearing at 8:56 p.m. asking those wishing to speak to please stand and state their name and address:

�Patricia Phillips, 1033 Rt. 29, Schuylerville, stated she is representing the residents of 19 Palmers Maple Shade and would like to know how far back the house will be located on the property and they have concerns with the line of sight with the curve on the hill.

Chairman Stephen Bodnar asked if there were any further comments or questions; there were none.� Chairman Stephen Bodnar closed the Public Hearing at 8:58 p.m.�

Chairman Stephen Bodnar then read Zoning Officer Gil Albert's opinion that it is not out of character with the surrounding homes.

Justin Crandall then asked to postpone to give him time to reconfigure the plans and merge the two parcels.� He'd like to come back in with a new plot plan showing the merged parcels and survey.

Chris Benn made a motion, seconded by Chairman Stephen Bodnar, to postpone until the April 25th meeting.� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � absent, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn - aye. �Carried 6 - 0

Postponed

Continued Public Hearing of Area Variance

Walt & Michelle Borisenok #15-11�� Representative:� Matt Jones, Esq.

1136 Rt. 9P

Saratoga Springs, NY 12866

S/B/L 206.9-2-5.1 Lake Residential

Returning Applicants seek a building coverage variance, a front, back setback variance and two-sides setback variances in order to construct a 2,900 sq ft addition to his home.

Attorney Matt Jones appeared on behalf of the Applicant.� He presented a power point slide show reviewing current homes around Saratoga Lake, photos of the Applicant's property before he cleaned up the parcels, which were three substandard parcels with old camps, as well as current photos of the property. �In 1993 the Applicant knocked down one of the old camps and built his current home.� The Applicant has had a long term desire to obtain and use the two additional lots for an expansion to his home.� Now that he has obtained the two other nonconforming lots and merged them with his existing parcel, creating a legal lot, he is here to acquire a number of area variances needed to achieve his dream.� The three lots, as they existed prior to Dec. 2, 2015, were combined into a single, legal tax parcel with land on both sides of Rt. 9P.� (The updated deed reflecting this is in the file)�

He then reviewed the neighbor's, Cirillo Family Partnership, parcel.� He stated it is beside and behind the Applicant's parcel.� On that single tax parcel there are three homes; a single family home next to the Applicant's house and two manufactured/trailer homes are up and behind the Applicant's home.� The two manufactured/trailer homes are used seasonally during the summer.� The house, next door �to the Applicant's, is used more often.� The Applicant purchased his property in 1985; the two have known each other since that time.� He then showed photos of both the Cirillo and the Applicant's homes taken from the lake.� The photo showed that the Cirillo home has clear views of the lake.� He then showed how the Cirillo property wraps around and juts out toward the Applicant's property and partially bisects it.� It is that 12' x 20' jutting piece that is of concern here.�

To minimize the variances the Applicant tried to acquire that jut-out piece two years ago. He explained that over the course of time his Applicant had numerous conversations with his neighbors about what he'd like to do.� He tried to purchase the jut-out area, as well as including the Cirillo's input on the design, in order to be able to build the addition.� The Cirillo's didn't want to sell him that piece, which is why the breezeway is now needed to connect the addition to the existing home.� Attorney Matt Jones then reviewed the plans with the Board, explaining that the current home will house bedrooms, bathrooms and a library and the addition will have the kitchen, dining and living spaces.� He explained that had the Applicant been able to purchase the 12' x 20' piece from his neighbor, the home would be smaller, built lower and no breezeway would be needed.� It would have allowed the two trailers to retain views, but since that didn't work out this is the only plan they have.�

Attorney Matt Jones stated that the Cirillos are the only neighbors against this project.� The Cirillos may complain, but the Applicants could have chosen to build two additional homes as high as 34', so their complaints should not impact this case; the Applicants are not seeking a height variance.�

He continued, stating the Board has had numerous applicants from Rt. 9P.� He then reviewed many previous variances granted by the Board, as well as photos of other substantial structures on those properties, adding some of those exceed the variances they are seeking.� He said it's likely these types of variances will continue to come before the Board and he then reviewed the balancing test, adding they tried to minimize the amount of variances needed but were unable to do so.� This will not cause undesirable change to the neighborhood and since they've merged the lots they don't believe it is a substantial request.� It's lot coverage is reduced, and there are no adverse impacts being created.� Is this self-created, perhaps, since they bought the lots; but with merging them together, they've created a legal lot and they're trying to make a reasonable return of living accommodations.

�

Engineer Dan Tompkins, The Environmental Design Partnership, stated he's the landscape architect and land development is his specialty.� This is a Type II action through SEQR and he said he just wants to touch on a few things.� He said his response letter to Attorney Crumm and the CLA Group has all the detailed information in it, so he'd try and keep it brief.� Single family and two or three family homes aren't covered by SEQR; there's no need for that.� The request for long form environmental assessment just isn't necessary.� The scope of the project is a large single family house - not a strip mall or large apartment complex and he stated clearly that environmental impacts are nonexistent.� The issue of soil stability was raised because it's a sloped site.� The existing house, the lower level of the home, is benched into the slope and they will follow suit with the addition.� They will retain a geotechnical engineer to be certain that the wall design, as well as any other retaining wall that may be necessary behind the house, will be properly designed with the proper safety factors.� That is done all the time and will not be an issue.� The mass of the building will be reduced with benching it into the slope.� Storm water management was also mentioned and in a real sense this parcel is at the bottom of the watershed.� The idea of trying to retain, detain or store water is not going to serve any purpose as if it were a development.� There are no properties downstream of this property.� What is a concern and always is a concern, is during construction you want be a good neighbor.� You don't want silt running onto Rt. 9P, you want to check your erosion and sedimentation, so they will be employing silt fences, erosion control matting for the lawn and landscape areas until they're established.� For a stabilized entrance - the proposed stone driveway will act as that; everything will be geared to keep silt off the road and out of the catch basin.� They will also recommend a concrete washout basin be put in, which is nothing more than an indentation in the ground lined with plastic, but when they work with concrete you want it washed out after the job; you certainly don't want that on the road or in the catch basin.� So those are all things that can be handled.� They have the extra benefit of Rt. 9 itself, as it acts as a nice hard barrier in terms of preventing any further damage; everything can be contained on that side of the road.� Visual impact was raised as a concern, within the CLA letter.� Our position is the addition will pick up the same vernacular appearance of the existing home; it will have the same color, same basic form with the original building.� The fact remains that a lot of the mass will be mitigated with the addition being benched into the slope and it will be a very attractive home.� If you go back into the history of the site, there were other homes there, which could be called eyesores, and trying to compare that with the addition, this addition is head and shoulders above what was there.� It will be very attractive.� �They believe the addition will blend with existing homes around the lake.� They have landscaped the two areas until their plans were complete.�

Attorney Matt Jones then went through all variances being requested with the Board, stating due to the configuration of the lot there are a lot of side setbacks needed.� He stated they are not asking for anything greater or less than others on Rt. 9P.� They've answered the Cirillo's Counsel's questions and concerns and they ask the Board to make a determination based on the application, materials the Board has recently received, the letters from all of the other neighbors and on what they've presented the Board this evening.

Clifford Hanehan questioned the length of the home and was told with the existing home and the addition it would be 155'.�

Chairman Stephen Bodnar asked if there was any thought to going smaller?�

Attorney Matt Jones replied that yes, in 2004, but due to the lot configuration it can't be done.

Chairman Stephen Bodnar stated without the breezeway it would be 135'.� If the Applicant had been successful in purchasing that bit of property, the breezeway wouldn't be needed.� It looks tremendously long, like Sutton's on Rt. 9; it's huge.

Dan T�� ompkins said it's very difficult to connect it to the existing building and keep it looking good also.�

Chairman Stephen Bodnar asked if there was any further questions of the Board; there were none.

Chairman Stephen Bodnar then re-opened the Public Hearing at 9:56 p.m. asking those wishing to speak to please stand and state their name and address:

Joanne Darcy Crum, Attorney, Lemery Greisler, LLC, 50 Beaver St., Albany, NY addressed the Board on behalf of her clients Mr. & Mrs. Cirillo.� She stated she disagreed with the calculations of the Applicant's attorney and given the fact that the Board has given a lot of variances up and down Rt. 9P,� maybe the Board needs to change their rules.� She then said the regulations state you have to have a 50' front yard setback from the highway right-of-way; adding this is a very wide highway right-of-way.

Chris Benn disagreed, stating it's a very narrow right-of-way.�

Attorney Joanne Darcy Crum disagreed.�

Chris Benn stated on any other state road it is a 75' setback and due to the lower rate of speed through there, it's a narrower setback from the edge of the road.

Attorney Joanne Darcy Crum responded the highway right-of-way on her map shows it.� She said it wasn't until Feb. that the Applicant had shown the lot coverage; the lot size is 500'+ more than what the application said in Feb.� She said the Applicant is looking for significant variances.� She then reviewed her 39 page email submittal (a copy is in the file) with the Board, reiterating her client's complaints and comments as well as the requested variances.� She said that it seems the Applicant is doing this out of spite since her client wouldn't sell him that bit of land.� She said the Applicant doesn't need a home that large and the existing house is not at ground level as stated before. �She mentioned concerns with storm water also. She is not before the Board because of views, but because the requested variances go against town regulations.� She added if the Board wants to change the requirements to continue to give 50% lot coverage and 90% variances then they should change their codes.� She requested that all her papers submitted be made part of the file (they are in the file).� She then stated she believes Mr. Jones' information is disingenuous.� She showed a rendering of the project and stated the scale of the home is inappropriate. She then reviewed the requested variances of Mr. Borisenok.� A lengthy discussion ensued.� She said Mr. Borisenok can build elsewhere; he owns 7 acres within 50' of this area.� She stated he says he needs this for his family and elderly parents.� She said she was very sorry to hear that there was recently a death, but that means there's only one elderly parent now.� She said they were granted significant variances in 1993 but the magnitude of these variances are significant.

She asked the Board to deny this application.� She thanked the Board.

Chairman Stephen Bodnar asked if the Board had any questions; there were none.

He then asked the Town Attorney if he had any questions.

Town Attorney William Reynolds asked Attorney Joanne Darcy Crum who prepared the sketch she reviewed with the Board and she responded Mr. Cirillo did, adding he is a licensed, professional land surveyor, as she also is.� Another man stood up and said he did the rendering and he's a registered architect in Mass. and that his name is Todd Cirillo, Mr. Cirillo's son.�

Town Attorney William Reynolds suggested that if the graphic representation with the mini car is in the Board packet, they should consider it for what it's worth.� He also stated the letter from CLA (part of the information received by the Board from Mr. Cirillo's attorney) strikes him as a conclusionary comment.� He then suggested that the Town Engineer review this due to the concerns of storm water and Clarence Fosdick agreed.

Dan Tompkins reiterated storm water is not an issue.� Roof lines will remain the same as the existing house, drainage goes to stone then to drain.� There has never been an issue of water in the basement or anything; they will mimic the existing design.� Even with large single family houses this can be done.� Water that makes it to the road goes into the catch basin.� The only problem is to be sure things are kept settled during construction.� The Cirillo's are uphill of the project so none of this will impact them.

Chairman Stephen Bodnar asked Mr. Borisenok why he was shaking his head.� Mr. Borisenok responded that yes, his father recently passed away and he feels under personal attack here.� He went over each meeting he had in the past with Mr. Cirillo and at that point Mr. Cirillo began yelling at Mr. Borisenok.� Chairman Stephen Bodnar and Clifford Hanehan both told him to settle down and there was to be no more interrupting.� Mr. Borisenok continued stating he's provided everything the Board has required.� All of the neighbors love this project except for one, Mr. Cirillo.� Mr. Cirillo has attacked him from day one of this process; he came with his attorney right from the start.� Mr. Borisenok said he is asking for variances that others along Rt. 9P have been granted.� He has now spent thousands of dollars on attorney fees due to one complaining neighbor.�

Attorney Matt Jones added that it's up to the Board to weigh the differences and Mr. Cirillo's Counsel says the Board hasn't done their job on all other applications.� He rejects that statement; it's the Board's job to balance.� He asked the Board to grant the variances requested in the application.� He also said he will speak with Zoning Officer Gil Albert concerning the deck and if they need to recalculate they will do so.�

Chairman Stephen Bodnar asked if there were questions or concerns from anyone else; seeing none; Chairman Stephen Bodnar closed the Public Hearing at 10:44 p.m.

Clifford Hanehan made a motion, seconded by Chris Benn, to postpone until April to gather further information and calculate lot coverage.� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � present, Clarence Fosdick - absent, John Deyoe � aye, Chris Benn - aye.�

Carried 6 - 0

Old Business:

New Business:

A motion was made by John Deyoe, seconded by Clarence Fosdick to adjourn the meeting at 11:20 p.m.� Chairman Stephen Bodnar - aye, Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � present, Clarence Fosdick - absent, John Deyoe � aye, Chris Benn - aye.� Carried 6 - 0

Meeting Adjourned

The next Zoning Board of Appeals meeting will be held April 25, 2016.��

Respectfully submitted,

Linda McCabe

ZBA Clerk