The regular meeting of the Zoning Board of Appeals for the Town of Moreau, Saratoga County, and State of New York was held at the Moreau Town Hall, 61 Hudson Street, South Glens Falls, NY  12803 on April 25, 2007 at 7:00 p.m. with the following members present or absent:

Present: Gerhard Endal, Chair

Kevin Elms

Darrell Finalyson

Others present: F. Joseph Patricke, Building Inspector

The meeting was called to order at 7:00 p.m. The minutes of the Nov 26, 2006 meeting were not reviewed because the members present at that meeting were not present. The minutes of the February 28, 2007 meeting were not reviewed.

The Board reviewed Appeal No. 666, A request of Mark Reynolds of 4 Jay Road E., Lake George, New York 12845 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59 (A) and Town Law 267-b. Applicant is proposing to subdivide a parcel at 398-400 Reynolds Road, Fort Edward, New York 12828 into two parcels that will not meet the required lot area for an R-2, One and Two Family Residential District. This parcel is designated as 63.18-1-1 on the Town Assessment Map.

Chairman Endal stated that he works with Mr. Reynolds’ wife, but he does not believe that there is a conflict of interest. Mr. Reynolds stated that his wife is not an owner of the property and he has no concerns. Atty. Auffredou stated that disclosure was the key. He also reminded the Board that the applicant proceeds at his own risk because there is a bare minimum of Board members present this evening. With three members present, a unanimous vote would be necessary. Mr. Reynolds asked if the Board would hear public comment and then adjourn before voting so that a vote could take place with a full Board, and the Board agreed that this was an option. Chairman Endal asked if there were objections and there were none, and stated that the public hearing will be continued at the end of this evening.

Mr. Reynolds explained that the property is zoned R-2, might have been part of the Strawberry Acres subdivision. When he purchase it, there were errors in the understanding of the zoning and he spent funds which he is now trying to recoup because he can’t use the property as intended. The applicant wants to subdivide into deep 275 feet lots, and the Health Department has approved because there is public water. The lots proposed would be 100 feet wide on the road, but lots served by municipal water are required to be 125 feet wide.

The applicant stated that he has no building plans, just the subdivision.

Gerald and Lisa Bouchard of Strawberry Acres asked to see the map he was presenting, and he showed it to them. They asked what the side setbacks were, and they are 15 feet. He asked if it was likely that those would be reduced since the frontage was narrower, and Mr. Patricke said it was possible that an owner could ask for a proportional

reduction, unless this Board conditioned it that it could not be. Chairman Endal said he thought that was for pre-existing non-conforming, and some members thought that was correct. The Bouchards asked if they could keep any changes to the inside boundaries, and not affect the existing neighbors. Mr. Patricke and Atty. Auffredou researched that issue.

Chairman Endal asked what was on each side of the lot. On the East, there is a day care center and on the other side a house, which is set back from the road. Because of the location of an easement, any building would take place on the other side.

Mr. Patricke stated that the Code allowing a proportional reduction probably applies to any lot, and the Board could make it a condition that there be no changes. The applicant said that there would be no problem with that. Chairman Endal suggested making that condition on the outside lines only, to allow the possibility of variances on the inside line, but pointed out that there is still a lot of room to build.

Mr. Patricke reported that these lots would be 27,902 sq. feet, while the requirement is 22,500 sq. feet, so the only variance is for the lot width. Paul Smith, 3 Cashmere Drive across the street and behind the property, asked whether the plans were residential. Chairman Endal confirmed that there would have to be single family residential houses. Mr. Smith asked if the Board could issue a contingency that the trees be restored to the property, and Chairman Endal said that this Board does not have the authority to do site plan review on residential properties, and the owner had every right to cut his trees down.

Mrs. Bouchard asked about trees cut off of her property when the clear cut happened, and was told that she might have a civil action. Mr. Bouchard said that when that was done the driveway at the day care center had been used for access to the lot, and contractors should be reminded that they need their own access. Mr. Reynolds said he had asked permission to do that and had it at the time.

Mr. Finlayson expressed concern that this action would set a precedent for undersized lots.

Mr. Smith asked if septic tanks could be placed anywhere in the property because of the water district, and Mr. Patricke said that they still have to be 100 feet from wells, even irrigation-only wells. They also have to be 10 feet from property lines. Mr. Finlayson asked and was told that the matter was not referable to the County.

Mr. Elms motioned to table the public hearing as requested and Mr. Finlayson seconded. The measure passed unanimously.

The Board reviewed Appeal No. 667, a request of Richard and Tracey Kubis of 401 Fortsville Road, Gansevoort, New York 12831 for an Area Variance pursuant to Chapter 149 , Article X, Section 149-59(A), Town law 267-b and Schedule of Regulations for an R-3 (Agricultural, One and Two Family Residential Districts). Applicants are requesting to construct a garage with an apartment over it that will not meet the minimum lot area for that district. This property is designated as 77-3-12.1 on the Town Assessment Map.

Mr. and Mrs. Kubis and Jack Feydler, Westfall Design were present and explained that they are taking down the existing garage because the footers have sunk, replacing them to 4 feet below, putting in an insulated slab and rebuilding with a connection to the existing house. He said that the new one will be 2 feet 11 inches deeper and more than 4 feet wider than the garage. The side setbacks will be reset by a surveyor in the coming weeks.

Mr. Patricke stated that a side setback is a whole different variance, but the question now before the Board is the minimum square footage required for a two family house. The developer said that if the setbacks were found to be a problem when the lot is surveyed, they will change the plans to stay within the setbacks.

Mr. Elms asked and was told that the house and garage are connected now by a breezeway, but the changes will make it a two family house. The design is to accommodate an aging aunt. Chairman Endal pointed out in the future the apartment created could be rented out, and the applicants agreed.

The Code requires a minimum of 2 acres for a two family in an R-3, and lot is now 1.55 acres, with no bearings on the plans. Lot width and depth are not known right now because the surveyor is backlogged and the lot has not been looked at since the 1930’s. Chairman Endal said that without those numbers the Board can not make a decision, and Mr. Feydler said he expects to have those numbers.

Mr. Patricke asked if there were other two family houses in the area and was told there is one next door and might be one across the street. Mr. Patricke stated that this information would also be helpful before the next meeting, May 23. The deadline is two weeks prior. Chairman Endal moved to continue Appeal No 667, Mr. Elms seconded, and motion passed unanimously.

The Board discussed mandatory training sessions.

The meeting was adjourned at 8:20. The next meeting was scheduled for May 23, 2007.

Respectfully submitted,

Tricia S. Andrews