TOWN OF SARATOGA
ZONING BOARD OF APPEALS DRAFT MINUTES
November 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, Christopher Benn – present, Nicholas Schwartz - present, Steve Mehan - present, Alternate Member Mark Sullivan - absent.
Also present: Town Attorney William Reynolds, Zoning Officer Gil Albert, David Rich, Louise Gilgallon Smith, Joanne Rohrig, Joe and Jared Rohrig and other interested persons. (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 October 23, 2017. Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 6 - 0
Public Hearings for Area Variance
Louise Gilgallon Smith #17-16 Representative: David Rich
1312 Lake Shore Dr.
Chazy, NY 12921
Saratoga Springs, NY 12866
S/B/L 193.5-1-4 Lake Residential
Location: 144 Franklin Beach Rd.
Applicant seeks a lot area variance of 4,450 square feet, a front setback of 15', two-sides set back of 12' and a side setback of 2' in order to demolish her existing camp and build a new house.
Applicant Louise Gilgallon Smith appeared before the Board with her builder, David Rich. She stated she has owned the seasonal camp for 22 years and it is in great need of repair. She wishes to build a new, year-round home with an attached garage. The existing building and the outbuilding that houses the furnace will be removed. The new home will be 31' wide x 59' long.
Nick Schwartz questioned if they have more than one parcel.
The Applicant replied no, it is one parcel split by the road; one deed.
After a brief discussion between the Board and the Applicant, Chairman William Moreau asked for Zoning Officer/Building Inspector Gil Albert's opinion.
Zoning Officer/Building Inspector Gil Albert responded this is keeping within the surrounding area, it's existing and not excessive. He is okay with this.
Chairman William Moreau then asked for Town Attorney William Reynolds' opinion.
Town Attorney William Reynolds had no opinion, just questioned the utility in the photo.
The Applicant stated it belongs to the neighboring property.
After providing Proof of Notice in the Saratogian on November 17, 2017, Chairman William Moreau opened the Public Hearing at 7: 11 p.m. asking those wishing to speak, to please stand and state their name and address. The following spoke:
David Rich, Builder for the Applicant, stated he has built 6 houses on Franklin Beach Rd. and this will be his 7th, if approved. The variances being asked for are no different than the other 6 houses.
Seeing that no one else wished to speak, Chairman William Moreau closed the Public Hearing at 7:13 p.m.
Chairman William Moreau questioned if there was anything from the Saratoga County Planning Board. Clerk Linda McCabe showed proof of filing with them, but has received nothing further.
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 asked if there were any further questions or concerns of the Board; there were none.
A motion was made by Clarence Fosdick, seconded by Thomas Carringi, to approve the application as presented and grant the variances based upon the outcome of the balancing test. Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 6 - 0
Joanne Rohrig & Jared Rohrig #17-17
7 Flax Mill Ln.
Milford, CT 06460
92 Carlson Dr.
Milford, CT 06460
S/B/L 206.-2-2.1 Conservancy
Location: 113 River Rd.
Applicants seek minimal frontage variance in order to keep illegally built gazebo from being moved, which is built partially on Town property. Applicant also built stairs from the gazebo to the shoreline after being told not to do so by the Town of Saratoga Zoning Officer.
Applicant Joanne Rohrig and her sons, Joe & Jared Rohrig, appeared before the Baord. She stated her parents bought the property in 1955 and it's very dilapidated. Her sons have taken it in hand and built a gazebo without obtaining a permit.
Zoning Officer/Building Inspector Gil Albert stated it is in 9' of the Town's right-of-way; it needs to be moved.
Town Attorney William Reynolds stated he has reviewed this and as some of the structure is in the Town's right-of-way, it is illegal. The Board cannot grant variances with anything that is illegal so it must be moved.
The Applicant's sons argued it should be allowed to stay.
Clarence Fosdick stated if it were there before 1987 it would be grandfathered in, but as it is a new build, it cannot be in the Town's right-of-way.
Discussion between the Board and applicant continued.
Nicholas Schwartz stated he understands wanting access to the river, but they need to do it the right way. He then advised them to contact NYS Canal Corp. and talk with them about a use and occupancy permit if they plan to move it to the river. He also stated they should hire a professional engineer. He then gave them contact information for the Canal Corp.
After providing Proof of Notice in the Saratogian on October 13, 2017, Chairman William
Moreau opened the Public Hearing at 7: 12 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 7:13 p.m.
The Applicant questioned if she should withdraw her application and was told it is her decision.
The Applicant's son Joe questioned how far they'd have to move it. He was told it must be moved out of the right-of-way.
Chairman William Moreau questioned Town Attorney William Reynolds on the time line for removal, suggesting 30 days.
Town Attorney William Reynolds stated it's a Town Board issue for the removal process.
Chairman William Moreau stated they will then defer to the Town Board for removal in accordance of Town Attorney William Reynolds. He then stated Zoning Officer/Building Inspector Gil Albert will talk with the Town Board on behalf of the Zoning Board and go from there.
The Applicant withdrew the application.
Old Business: None
New Business: None
A motion was made by Nicholas Schwartz, seconded by Clarence Fosdick, to adjourn the
meeting at 7:46 p.m. Chairman William Moreau – aye, Clifford Hanehan -absent, Thomas Carringi - aye, Clarence Fosdick - aye, Christopher Benn - aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 6 - 0
The next Zoning Board of Appeals meeting will be held January 22, 2018.
~Meeting dates are subject to change~