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 June 28, 2006 at 7:00 p.m. with the following members present or absent:

Present: Gerhard Endal, Chair

Kevin Elms

Darrell Finlayson

Chester Joslin

James Hooper

Others present: Joe Patricke

The meeting was called to order at 7:09.

The Board then reviewed Appeal No. 655, a request of Michael and Patrice Campney of 87 Sisson Road, South Glens Falls, New York 12803 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59 (A) and Town Law 267-b. Applicants are requesting to construct a garage on the corner of Sisson Road and Peachtree Lane that will not meet the required setback from Peachtree Lane. This property is located in an M-1 (General Manufacturing and Industrial) District and is designated as 37.19-2-16 on the Town Assessment Map.

Mr. Campney stated that the garage is at the end of their driveway, is 24’ x 30’, and will match the house with stone and vinyl. The required setback is 30 feet from Peachtree because it is a road. According to Mr. Patricke, Peachtree Road is cut in, but has never been built. The cement company which bought the land stated that they have no intentions of building the road. The setback is 30 feet because there are two fronts, but the road does not actually exist. There are no other good places to put the garage. They can not actually place it to enter from Peachtree Road because it has never been built. If this were a side setback, the requirement would be 15 feet. There was no public comment.

Mr. Patricke added that the small house has an attached garage, which will be converted to living space. The Health Department has pulled the permit for the subdivision including Peachtree Lane, and the cement company is unlikely to pursue it.

The Board reviewed the criteria for granting an Area Variance and found as follows:

Mr. Elms motioned to approve Appeal No. 655 for a setback of 15ft., and Mr. Joslin seconded. A roll call vote resulted as follows:

Mr. Joslin Yes

Mr. Finlayson Yes

Mr. Elms Yes

Mr. Hooper Yes

Chairman Endal Yes

Motion carried and Appeal No. 655 was approved.

A request of Thomas and Jeannette Cembalski of 4 Hilton Dr., South Glens Falls, New York 12803 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59 (A) and Town Law 267-b. Applicants are requesting to construct a storage shed that will not meet the required side yard setback. This property is located on the corner of Hilton Drive and Marine Drive in an R-1 (One Family Residential) District and is designated as 49.41-2-26 on the Town Assessment Map.

Mr. Cembalski stated that he had gone to his closest neighbor and they did not mind where he placed the shed. If he places his shed at the 15 foot setback, the shed would be 9 feet from his sunroom window, and not in a good location per his neighbors’ windows either.

Mr. Patricke stated his opinion that the Town’s shed setback limits are excessive, and he prefers 5 feet because 15 feet from the property line is often in the middle of any smaller lot in town. He feels 5 feet is more reasonable. This a corner lot with two fronts and two sides as well. Chairman Endal concurred, as this building is not substantial, and the proposed location is less obtrusive than the placement required by the code.

Mr. Joslin asked if the measurements included the overhang on the roof. The applicant was reminded that the setback is to the nearest protrusion of the building.

The Board reviewed the criteria for granting an Area Variance and found as follows:

Mr. Hooper motioned to approve Appeal No. 656 for a setback of 5ft., and Mr. Elms seconded. A roll call vote resulted as follows:

Mr. Joslin Yes

Mr. Finlayson Yes

Mr. Elms Yes

Mr. Hooper Yes

Chairman Endal Yes

Motion carried and Appeal No. 656 was approved.

The Board reviewed Appeal No. 657, a request of James and Jaclyn Campagnone of 88 Mohican Road, South Glens Falls, New York, 12803 for an Area Variance pursuant to Chapter 149, Article X, Section 149-59(A) and Town Law 267-b. Applicants are requesting to construct a single family dwelling that will exceed the Maximum Structure Height requirement in the Code of the Town of Moreau. This property is located at 215 Potter Road, Gansevoort, New York 12831. The residence will be constructed in an RP (Resource Protection) District and is designated as 62-5-1.3 on the Town Assessment Map.

James Campagnone said the excess would be about 3 feet or slightly less. Chairman Endal stated the rules for a public hearing, please state who you are and where you live, and please direct comments to the Board.

Mr. Campagnone said that the architect designed the house that way. They felt it might be simpler to request a variance than to have new plans designed.

Mr. Patricke stated that new larger two story homes in town are all exceeding 30 feet. Town has increased limits within a PUD (Planned Unit Development) to a maximum of 38 feet. The volunteer fire department now has a ladder truck that can service higher than 60 feet, which was a consideration in creating the law. Concern remains that tall structures will block views, etc. It’s very common. This property is not part of the PUD, which is on Old Saratoga Road.

Mr. Dave Solinsky of 1 Overlook Dr., asked what a Resource Protection District is and Chairman Endal said it is residential, but has larger lot sizes. Some are created to protect watersheds, and setbacks are usually more significant. Mr. Solinsky expressed some concerns about water drainage, and Mr. Patricke said that it is being addressed, but it is not pertinent to this appeal. He was also concerned about how high the house was going to go, and whether it would be above tree level and be seen above the trees.

Mr. Robert Munion of 6 Rivercrest Drive, stated that he is similarly concerned about the view and whether the house will rise above tree level.

Mr. Dan Galusha, the owner of the subdivision, said that the trees are much higher than the proposed house. A subdivision map was reviewed.

A letter had been received from Mr. David MacDonnell of 251 Potter Road, concerning drainage flooding his property from the adjoining lots on the back of the property. This is the last house on the left on Potter Road. It is not relevant to this appeal. The owner of Lot 6 also stated that he has no concerns.

Mr. Patricke stated that the owners and applicants are aware that there are concerns regarding water drainage and the driveways, and Steve Barody, Highway Superintendent, is aware and working on it.

Mr. Patricke also stated that the driveway has been reviewed and will not be too steep for the emergency services. The applicant also does not attend to clear any trees. The public hearing was closed.

The Board reviewed the criteria for granting an Area Variance and found as follows:

Chairman Endal motioned to approve Appeal No. 657 for a maximum variance of 3 feet from the requirement, as necessary for adequate pitch for the design of the home, given that the town is moving in that direction, and Mr. Elms seconded. A roll call vote resulted as follows:

Mr. Joslin Yes

Mr. Finlayson Yes

Mr. Elms Yes

Mr. Hooper Yes

Chairman Endal Yes

Motion carried and Appeal No. 657 was approved.

Topnotch Self Storage has retained counsel and asked for Appeal No. 652 to be continued again.

Next meeting July 26, 2006.

Respectfully submitted,

Tricia S. Andrews