� ��TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
November 28,
2016
Chairman Clifford Hanehan called the meeting to order
at 7:00 p.m. and led the flag salute.�
Chairman Clifford Hanehan welcomed
everyone to the meeting and proceeded to review the Rules
of the Board.
Zoning
Clerk Linda McCabe called the roll: Chairman Clifford Hanehan � present, William
Moreau � present, Thomas Carringi � present, Clarence Fosdick � present, John
Deyoe - present, Chris Benn � present, Nicholas Schwartz - absent (arrived at
7:31 p.m.), Alternate Member Steve Mehan - present.
Due
to the absence of Nicholas Schwartz, Alternate Member Steve Mehan was elevated
to full voting status.
Also
present: Building Inspector/Zoning Officer Gil Albert, Town Attorney William
Reynolds, Mel Ikler, Bob & Chris Hodorowski, Alan Beach, Donald Coulter,
Denise Murphy, Dick Vale, Arthur Siegel and Terri Korb. (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 October 24,
2016.�� Chairman Clifford Hanehan -aye,
Thomas Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe
� aye, Chris Benn - aye, Nicholas Schwartz - absent, Steve Mehan - aye.�
Carried �7 - 0
Approved
Public Hearing Sign Variance
Denise
& Jim Murphy #16-16
945
Rt. 29
Saratoga
Springs, NY 12866
S/B/L
156.-1-58 Rural Residential
Applicant seeks a 4' sign height
variance and 170 sq. ft. variance to modify her existing sign.���
Applicants Denise
and Jim Murphy appeared before the Board and reviewed their application,
explaining they are trying to attract customers to their small business on Rt.
29.� They'd like to replace their current
sign with a wooden replica of an antique truck and/or other wooden replicas of
antique vehicles if someone would want to purchase the wooden truck.� The sign will be in the bed of the vehicle
and the vehicle will face the building.�
Chairman Clifford
Hanehan stated he knows the quality of Jim's work; it is excellent.
Zoning
Officer/Building Inspector Gil Albert stated�
our regulations concerning signs will be looked at during a Joint
Workshop because currently the posts, space between posts, etcetera are all
part of the size.� If they stay within
the square footage it should be okay.
Chairman Clifford
Hanehan questioned if the total size will be inside the truck bed and the
Applicants replied yes.
Steve Mehan stated
there is a similar sign at Kodiak Construction and it looks great.
Zoning
Officer/Building Inspector Gil Albert stated�
our regs say 6'; she will be a bit higher having it in the bed of the
truck but it will be in the same location of the current sign.
Clarence Fosdick
questioned if a state permit is required and Zoning Officer/Building Inspector
Gil Albert replied no, as long as it is not in their right-of-way.
Clarence Fosdick
then stated he likes the idea, but is concerned others may come up with more
clever ideas which may block that right-of-way.�
Zoning Officer/Building Inspector Gil Albert responded that this is for
this parcel only.� Sign variances are a
case-by-case process before this Board.
Chairman Clifford
Hanehan stated this is very creative and believes it will be very
attractive.� He questioned if there would
be any further signage.�
Applicant Denise
Murphy stated she had thoughts of painting 'Shop Small Business' on the door of
the truck, but she doesn't have to if the Board objects.
The Board discussed
how the Town is trying to promote business in that Rt. 29 corridor and this
sign could help her business.� Zoning
Officer/Building Inspector Gil Albert added there have been some lighting
issues with some businesses on Rt. 29.�
Applicant Denise
Murphy responded that her lights are on a timer and she would keep the same lighting
she has; they turn off at the same time each evening.
Chairman Clifford
Hanehan asked for the opinion of the Zoning Officer.
Zoning
Officer/Building Inspector Gil Albert stated he thinks this will help with
their business and he is fine with this.
Chairman Clifford
Hanehan asked for the opinion of the Town Attorney.
Town Attorney
William Reynolds stated he had no opinion; just keep in mind the Applicants had
presented a visual depiction of their proposed sign and the Board should keep
that in mind when making their determination.
After providing Proof of Notice in the Saratogian on November
18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:20 p.m. asking those wishing to speak to please stand and
state their name and address.�
Seeing as no one spoke, Chairman Clifford Hanehan closed
the Public Hearing at 7:21 p.m.
Chairman
Clifford Hanehan 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
John Deyoe, to grant the variance as presented, with the condition that the wooden
replica of an antique vehicle faces the business and with the lighting not to
exceed the preexisting lighting of their sign.�
Chairman
Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence
Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Steve Mehan - aye.�
Carried� 7 - 0
Approved
Public Hearing Area Variances
Alan
Beach #16-15
80
Smith St.
Lynbrook,
NY 11563
S/B/L
180.17-1-21.1� Lake Residential
Location:� 113 Point Breeze Rd.
Applicant seeks a 70' front setback
variance and a 5' side setback variance in order to build a 12' x 24'
garage/shed on his property.
Applicant Alan Beach
appeared before the Board, handed in his receipts of neighbor notifications and
reviewed his application with the Board.�
He stated that he is removing the 6' x 12' shed and replacing it with a
12' x 24' garage.� He stated it will have
the main garage door and also an entrance door with windows on each side and
will be on gravel.
Town Attorney
William Reynolds questioned Zoning Officer/Building Inspector Gil Albert if
this is considered customary accessory use and was told yes.
Clarence Fosdick
questioned what's on the other side of his property and Applicant Alan Beach
said a large house and added that this�
really fits in with the surrounding properties.
Chairman Clifford
Hanehan noted that the proposed garage is twice the size of the shed and
Applicant Alan Beach replied yes.�
Chairman Clifford Hanehan
also that he's moving it further back from the property line to make it better and
Applicant Alan Beach replied yes.�
Chairman Clifford
Hanehan then questioned why the 5'?�
Applicant Alan Beach replied he's trying to keep everything to one side
so he can have an area to park vehicles and keep them off the road and because
there's a grinder pump 10' off the rear toward the fence - in the middle of the
front yard.
Zoning
Officer/Building Inspector Gil Albert stated he believes it's the only way he
can place it to put his vehicle there plus have room for parking other
cars.� It makes it easier to keep the
parking off the street and right-of-way.�
After further Board
discussion Chairman Clifford Hanehan asked the opinion of the Zoning
Officer.�
Zoning
Officer/Building Inspector Gil Albert replied he believes it is keeping within
the surrounding properties in the area, he's under lot coverage and it's the
best place to locate it on the property.
Chairman Clifford
Hanehan asked for the opinion of the Town Attorney; he had no opinion.
After providing Proof of Notice in the Saratogian on November
18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:46 p.m. asking those wishing to speak to please stand and
state their name and address:
Robert Hodorowski, 109 Point Breeze Rd., stated he thinks this is advantageous for the property
as well as the neighborhood.� He also
said he welcomes this Applicant to the neighborhood.
Chairman Clifford Hanehan asked if anyone else would like to speak; seeing
none, Chairman Clifford Hanehan closed the Public
Hearing at 7:48 p.m.
Chairman
Clifford Hanehan 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 Christopher Benn, seconded by
Clarence Fosdick, to grant the variance as presented.� Chairman Clifford Hanehan -aye, Thomas Carringi - aye,
William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn -
aye, Steve Mehan - aye Nicholas Schwartz - aye.�
Carried� 8 - 0
Approved
Donald,
Kimberly & Joshua Coulter #16-17
83
Rodgers Lane
Saratoga
Springs, NY 12866
S/B/L
206.6-2-53 Lake Residential
Location:� Rt. 9P rear
Applicants seek a 32' front setback variance in order to construct a duplex residence and due to the property being on a private road,
Applicant Donald
Coulter and family appeared before the Board and reviewed the application.� Applicant Donald Coulter stated they propose
to build on their now vacant lot, in the location where the old house used to
be, although this will be a larger duplex home.�
He explained that due to the 10% grading of the land, they'll be able to
drive up and behind the house in that location.�
If they moved the location to the center of the lot, it would be very
difficult to not only build there, but to get to it due to those slopes.�
The Board agreed.
Applicant Donald
Coulter added that he owns all of Rodgers Lane road as well as a parcel across
the road.� He said they are required by
the regulations to be hooked to the sewer line.�
He is paying for the sewer to come up the center of the entire road of
Rogers Lane.� They need a 32' variance
for the front setback due to the sloping of the property.
Chairman Clifford
Hanehan questioned the width of the road.
Applicant Donald
Coulter responded according to his deed it is 20' wide, pin to pin, but it
hasn't been maintained as such.� The road
is a private road with right-of-ways written in the deed.� The road is also a separate parcel from the
lot.
Zoning
Officer/Building Inspector Gil Albert stated the Applicant will have to create
a turn-around for emergency vehicles on that road.�
Town Attorney
William Reynolds questioned if there's a public road/highway there and the
Applicant replied no.� Town Attorney
William Reynolds then asked if we have assurance of said deeded rights and the
Applicant responded not with him, but if requested he can provide it.
Chairman Clifford Hanehan asked if there were any further questions from
the Board; there were none.�
Chairman Clifford Hanehan asked the opinion of Zoning Officer/Building Inspector Gil Albert.
Zoning
Officer/Building Inspector Gil Albert responded he thinks this is a decent fit
in the area and has no issues with it; this is a larger lot than most out in
that area.
Chairman Clifford Hanehan asked the opinion of Town Attorney William
Reynolds; he had no opinion.� He then
added that ownership of the road allows those with valid deeded right-of-ways
to make use of those rights.
After providing Proof of Notice in the Saratogian on November
18, 2016, Chairman Clifford Hanehan opened the Public Hearing at 8:05 p.m. asking those wishing to speak to please stand and
state their name and address:
Richard Vale, 82 Rodgers Lane, questioned if the lot will be accessed via Rodgers
Lane and� what the 32' setback variance
was for.
The Board explained that yes
it will be accessed via Rodgers Lane and according to regulations a 50' setback
is required in that district.� So to
place the corner of the duplex 18' off the property line, the Applicant needs a
32' variance.�
Mr. Vale questioned if
duplexes are allowed in that district and the Board said yes.�
Mr. Vale then stated he's
concerned with the Applicant running the sewer line up the middle of Rodgers
Lane; he has power lines and water lines going under it.
Zoning Officer/Building
Inspector Gil Albert stated this is a private road and is beyond the realm of
this Board.� Any concerns of the road
need to be dealt with privately, not with this Board.
Art Siegel, 22 Corporate Woods Blvd., Albany, NY, �addressed
the Board with concerns of a neighbor for that district; height restrictions,
allowable uses and road ownership.
The Board stated duplexes are
an allowable use in that district and one needs a minimum of 20,000 sq. ft. to
have a duplex. �The height requirement is
no higher than 34' and the Applicants own the entire road.
Terri Korb, 17 Hill Rd., asked the Board to again explain the 32' variance; the
Board reviewed that again for her.� She
also was concerned about the impact of storm water run-off on the neighboring
property across the road.
The Board responded that the
neighbor's property across the road is higher than this and as such there will
be no impacts to that land.
Chairman Clifford Hanehan asked if anyone else would like to speak;
seeing none, Chairman Clifford Hanehan closed the Public
Hearing at 8:26 p.m.
Chairman Clifford Hanehan
asked if there were any further Board questions for the Applicant; there were
none.
Chairman
Clifford Hanehan 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
William Moreau, to grant the variances as presented, with a copy of the road
deed and written opinion of counsel, to be brought in by the Applicant for
review by Town Attorney William Reynolds.�
Chairman
Clifford Hanehan -aye, Thomas Carringi - aye, William Moreau � aye, Clarence
Fosdick - aye, John Deyoe � aye, Chris Benn - aye, Steve Mehan - aye, Nicholas
Schwartz - aye.�
Carried �8 - 0
Approved
Old Business:
The next Joint Board Workshop will be held on Dec. 6th at 7:00 p.m. with the
focus being on language concerning the regulation for clear cutting.
New Business:
A motion was made by Christopher Benn, seconded by Nicholas
Schwartz, to adjourn the meeting at 8:37 p.m.� Chairman Clifford Hanehan -aye, William Moreau � aye,
Thomas Carringi - aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn -
aye, Nicholas Schwartz - aye, Steve Mehan - aye.
Carried 8 - 0
Meeting Adjourned
*The Board wishes to thank
John Deyoe for all the time and work he has put into the Zoning Board of
Appeals over the past 9 years, 4 months!�
Enjoy your new free Mondays!
The next Zoning
Board of Appeals meeting will be held January
23, 2017.��
Wishing everyone a Merry
Christmas and a Blessed New Year!
Respectfully submitted,
Linda McCabe
ZBA Clerk