� ��TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
October 24,
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 - present, Alternate
Member Steve Mehan - present.
Also
present: Building Inspector/Zoning Officer Gil Albert, Town Attorney William
Reynolds, Dennis Hodgson� and John
Taginski. (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 July 25, 2016.�� Chairman Clifford Hanehan -aye, Thomas
Carringi - aye, William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye,
Chris Benn - aye, Nicholas Schwartz - aye.�
Carried �7 - 0
Approved
Public Hearing for Area Variance
Roy
Fowler #16-14
300
Hudson Ave.
Mechanicville,
NY 12118
S/B/L
209.13-1-14� Conservancy District
Location:� 199 River Rd., Schuylerville, NY
Applicant seeks the following variances:
3% building coverage, 60' front setback, 30' back setback, 80' two sides
setback and a 43' side setback, in order to remove the existing house and build
a new 1752 square foot modular home, including the porch, due to the
non-conformance of the lot with the Town zoning regulations.
The Applicant
appeared before the Board stating he'd like to replace the existing camp/house
with a new modular home.� He said most of
the lots in his neighborhood are 100' x 100' and he has no idea when the lots
were subdivided.
Building
Inspector/Zoning Officer Gil Albert stated he made an error on the Applicant's
application and said the Applicant needs a 1.86% building coverage variance, a 35'
front setback, 20' back setback, 28' two-sides setback and 5' side setback; to
clarify, these are the correct measurements.
Chairman Clifford
Hanehan agreed with him.
John Deyoe
questioned if the Applicant has property across the road and the Applicant
replied yes, he has 100' x 20' on the river.
Clarence Fosdick
asked if all the lots along River Rd. �are on a sewer line and Building
Inspector/Zoning Officer Gil Albert replied they are all septic systems.
Steve Mehan stated
he noticed they're all sloped back there and the Applicant said yes, all the
septic systems are in the back of the houses.
Nicholas Schwartz� then asked where the wells are located and
the Applicant replied the septic systems are behind the houses and the wells
are toward the river.
Building
Inspector/Zoning Officer Gil Albert added that if his system fails he will have
to replace it entirely.
Clarence Fosdick stated
it looks like someone, many years ago, went through the back and put in a berm;
it looks natural and beautiful.� John
Deyoe agreed.�
Clarence Fosdick
then asked if this is to be on a slab or foundation and the Applicant replied a
frost wall, down 4'.
Chairman Clifford
Hanehan asked for Building Inspector/Zoning Officer Gil Albert's opinion;� he stated he thinks it is keeping on par with
the surrounding neighbors and drastically improving the Applicant's parcel.
Chairman Clifford
Hanehan asked for the Town Attorney's opinion; Town Attorney William Reynolds
had no opinion.
Chairman
Clifford Hanehan 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 October
14, 2016, Chairman Clifford Hanehan opened the Public Hearing at 7:17 p.m. asking those wishing to speak to please stand and
state their name and address.�
John Taginski,
193 River Rd., Schuylerville, NY,� stated
he believes this will enhance their neighborhood and is hopeful the Board will
approve this project.
Chairman Clifford Hanehan
asked if anyone else would like to speak, seeing none, Chairman Clifford Hanehan closed the Public Hearing at 7:18 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
William Moreau, to grant the variances as presented.� Chairman Clifford Hanehan -aye, Thomas Carringi - aye,
William Moreau � aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn -
aye, Nicholas Schwartz - aye.�
Carried� 7 - 0
Approved
Old Business:
Clarence Fosdick told the Board he was working on updating his Agriculture map
of the town and asked that anyone interested stay a bit and help him with the
updates.
New Business:
Board Member John Deyoe told the Board that after 8 years of being a member, he
has decided to resign at the end of this year.
Building Inspector/Zoning
Officer Gil Albert told the Board while taking classes in Albany, and after
listening to many other town and city Building Inspectors, he feels very
fortunate that all our Boards have good working relationships and that even if
everyone on our Boards don't necessarily agree, everyone respects each other
enough to continue moving forward, working with one another for the betterment
of our town.� He is really grateful for
that.� He stated he has heard a lot of
horror stories at class and asked that all our Boards continue doing what
they're doing.
A motion was made by Clarence Fosdick, seconded by Thomas
Carringi, to adjourn the meeting at 7:30 p.m.� Chairman Clifford Hanehan -aye, William Moreau � aye,
Thomas Carringi - aye, Clarence Fosdick - aye, John Deyoe � aye, Chris Benn -
aye, Nicholas Schwartz - aye.
Carried 7 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held November
28, 2016.��
Respectfully submitted,
Linda McCabe
ZBA Clerk