� �������TOWN OF
ZONING BOARD
OF APPEALS DRAFT MINUTES
September 23,
2019
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 � present, Thomas Carringi � absent, Clarence
Fosdick � present, Christopher Benn � present, Nicholas Schwartz - absent, Steve
Mehan - absent, Alternate Mark Sullivan - present.
Due
to the absence of Thomas Carringi, Nicholas Schwartz and Steve Mehan, Alternate
Mark Sullivan was elevated to full voting status.
Also
present: Zoning Officer Gil Albert, Town Attorney William Reynolds, Andy Ellis.
(Sign-in sheet is on file in the Clerk�s office.)
Approval
of Minutes: A motion was made by Mark
Sullivan, seconded by Christopher Benn, to accept the meeting minutes of August
26, 2019.�� Chairman William Moreau �
aye, Clifford Hanehan - aye, Clarence Fosdick - aye, Steve Mehan - absent,
Christopher Benn - aye, Nicholas Schwartz - absent, Thomas Carringi - absent,
Mark Sullivan - aye.
Carried �5 - 0
Approved
Public Hearings for Area
Variance
Andy
Ellis #19-07�����������������
201
River Rd.�����������������������
Schuylerville,
NY 12871
S/B/L� 209.13-1-15�
Conservancy
Applicant would like to add a
front porch onto his existing house and seeks a 5% lot coverage variance and a
54.1' front setback variance to do so.
Applicant Andy Ellis appeared
before the Board and reviewed his application, explaining that three sides of
his foundation are made of concrete and the front side was framed.� He is seeking the variances to eliminate sill
plate rot and to move water away from the foundation.� His gutters take most of the water, but there
is a lot of splash from the second story and he needs to remedy that
problem.�
Clifford Hanehan questioned
if it is surface water coming in or water coming from off the house.
Applicant Andy Ellis replied
coming from the house.� He added he has a
basement walkout and the front of the house was framed and water that comes
down off the house has rotted it.
Zoning Officer Gil Albert
questioned, as it is a walk-out, will the Applicant be building the deck on the
ground.
Applicant Andy Ellis replied
with 12" of airflow beneath it.
Clifford Hanehan questioned
the size of 48' x 8' and if it will have a roof; if so it's a porch and not a
deck.
Applicant Andy Ellis
responded yes, to all of those questions.
Christopher Benn questioned
if the porch is going out to the retaining wall.
Applicant Andy Ellis
responded no, the retaining wall is 20' away from the house.
Chairman William Moreau asked if there were further comments or
questions from the Board; there were none.�
Chairman William Moreau asked for the opinion of the Zoning Officer.
Zoning Officer Gil Albert stated he sees no issues with this request.
Chairman William Moreau asked for the opinion of the Town Attorney.
Town Attorney William Reynolds said he is concerned about snow plowing,
as it is getting close to the Town's right-of-way.� He then questioned Christopher Benn (Town
highway department employee) if the porch will be far enough away as to not
impede the highway department plowing that section of the road.
Christopher Benn replied it will not impede that at all.
After providing Proof of Notice in the
Saratogian on September 13, 2019, Chairman William Moreau opened the Public Hearing at 7:10 p.m. asking those wishing to speak, to
please stand and state their name and address.� Seeing
as no one wished to speak, Chairman
William Moreau closed the Public Hearing at 7:11 p.m.
Chairman William Moreau asked if there were any further Board comments
or concern; there were none.�
Chairman William Moreau 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 Clifford
Hanehan, to approve the variances as presented.� Chairman William Moreau � aye,� Clarence Fosdick - aye, Steve Mehan - absent,
Christopher Benn - aye, Nicholas Schwartz - absent, Clifford Hanehan - aye,
Thomas Carringi - absent, Mark Sullivan - aye.�
Carried� 5 - 0
Approved
Old Business: Zoning Officer Gil Albert and the Board discussed the issue of the
River Rd. property owner's gazebo being in the Town's right-of-way and what is
being done to remedy that situation.
New Business:
A motion was made by Christopher Benn, seconded by Mark
Sullivan, to adjourn the
meeting at 7:20 p.m. �Chairman William Moreau � aye,�
Clarence Fosdick - aye, Steve Mehan - absent, Christopher Benn - aye,
Nicholas Schwartz - absent, Clifford Hanehan - aye, Thomas Carringi - absent,
Mark Sullivan - aye.�
Carried� 5 - 0
Meeting Adjourned
The next Zoning
Board of Appeals meeting will be held October
28, 2019.��
Respectfully submitted,
Linda McCabe
ZBA Clerk�����������������������������
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~ Meeting dates are subject to change ~