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 September 26, 2007 at 7:00 p.m.
The following Zoning Board Members were present or absent:
Present: Absent:
Gerhard Endal, Chairman James Hooper
Chester Joslin Martin Auffredou, Attorney for the Town
Darrell Finlayson
Kevin Elms
Others present: F. Joseph Patricke, Building Inspector
The meeting was called to order at 7:05 pm. variances were discussed in continuation from the previous meeting.
Old Business:
APPEAL NO. 670
A request of Peter Bondzinski of 77 Sisson Road, South Glens Falls, New York 12803 for a special Use Permit pursuant to Chapter 149, Article V, Section 149-33 and the Schedule of Regulations for an M 1, General Manufacturing and Industrial District. Applicant is proposing to construct a multi use building consisting of a two family dwelling and an adult day care business. This property is located at 236 Bluebird Road, South Glens Falls, NY 12803 and is designated as 50-2-100.3 on the Town Assessment Map.
Mr. Bondzinski: My understanding was to meet with the Zoning Board first, then go to the Planning Board. These decisions do not impact the size. You wanted additional information to make your decision and I have done that.
Mr. Endal: Before Planning Board can take action all the paperwork including the SEQR review must be completed in its entirety.
Mr. Bondzinski: They Planning Board understood and answered every question. Could not get a full approval because they said they needed sign-off from Zoning'' I went to the Planning Board in May; they sent me (Mr. Zimmerman) to the Zoning Board. Feel like I'm caught in between the two boards as I mentioned last time standing here.
The endangered species for the Planning Board to sign off has nothing to do with the lot size.
You have all of the information you’re going to get. So, Zoning cannot make a decision without the SEQR Review. Planning cannot sign off until they have all the information. Then the Zoning Board can sign-off for approval.
Mr. Endal: The Zoning Board has no information from the Planning Board. They have only two (2) items. The SEQR Review has to be completed for the Zoning Board to approve. We want to know the Planning Boards recommendations as well. Not just the SEQR Review. This is very important for us to review. Also, would like to review the minutes from the last meeting.
Mr. Elms: At last Planning Board meeting did they have any concerns?
Mr. Bondzinski: They had only wanted more details as to where storm drains and things like that would be and to be added to the site plan.
Mr. Endal: We want to know what the Planning Board wants us to do for any conditions.
Mr. Bondzinski: Is there anything else I can bring?
Mr. Endal: The complete SEQR Review information and how to meet the Planning Board concerns. Thank you Mr. Bondzinski.
New Business:
APPEAL N0. 676
A request of Steven Burnell of 18 Hudson Drive, 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. Applicant is proposing constructing a garage that will not meet the required side yard setback. This property is located in an R-1, One Family Residential Zoning District and is designated as 49.34-1-57 on the Town Assessment Map.
All board members review site drawings.
Mr. Endal: Ryder is the intersection road? Mr. Burnell: Yes.
Mr. Endal: It's 6' off the line? Mr. Burnell: Yes.
Mr. Patricke: R-1 Zoning district.
Mr. Endal: You have no garage currently?
Mr. Burnell: No. One of my neighbors is here also.
Mr. Endal: Mr. Boucher (attending neighbor), do you have any concerns?
Mr. Boucher: No.
Mr. Endal: Are there any other alternatives to this?
Mr. Burnell: It's pretty slim, have septic in the way. It is a detached garage and not very large.
Mr. Endal: Asks Building Inspector, Joe Patricke, if any concerns he might have.
Mr. Patricke: Not really a good alternative. All the lots in this area are small. I would just like to point out that it is similar to any number of homes in that area. In today's world it's not really logical for a one (1) car garage.
The Board reviewed the criteria for granting an Area Variance and found as follows:
l. There would be no adverse effect on the character of the neighborhood because this situation has existed for 18 years.
2. There are no other feasible means of achieving the desired benefit.
3. The variance is not substantial.
4. The Board did not identify any adverse environmental impact.
5. The difficulty was not self created.
All okay.
Mr. Elms motions 12' set back to 6' variance and Mr. Joslin seconds motion.
Board Members poled:
Mr. Joslin – Yes
Mr. Finlayson - Yes
Mr. Elms - Yes
Mr. Hooper - Absent
Chairman, Mr. Endal, Yes
Motion carried and Appeal No. 676 was granted for a 6' side setback.
APPEAL NO. 677
A request of Linda Chard of 19, not 18 West 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. Applicant is proposing to construct a front porch that will not meet the required front yard setback. This property is located in an R-1, One Family Residential Zoning District and is designated as 49-34-1-34 on the Town Assessment Map.
Linda Chard: My address is 19 West Road, not 18.
Daniel Macero: Contractor for Linda Chard. Typical 7'6" out from the house, low porch. Like to access on side. Need 26" but applied for 31" just in case.
Mr. Patricke: No sketch of porch? R-1 District is 30'.
Mr. Endal: 7'6 minimal size.
Mr. Macero: No real option. There are other structures in the way.
The Board reviewed the criteria for granting an Area Variance and found as follows:
l. There would be no adverse effect on the character of the neighborhood because this situation has existed for 18 years.
2. There are no other feasible means of achieving the desired benefit.
3. The variance is not substantial.
4. The Board did not identify any adverse environmental impact.
5. The difficulty was not self created.
Mr. Elms motions to approve Area Variance No. 677 for 3' Variance in front setback to build front porch.
Board Members poled:
Mr. Joslin - Yes
Mr. Finlayson - Yes
Mr. Elms - Yes
Mr. Hooper - Absent
Chairman, Mr. Endal, Yes
Motion carried & APPEAL NO. 677 was Granted.
APPEAL N0. 678
A request of CWI, Inc. Of 37 Evarts Avenue, Glens Falls, NY 12801, for an Area Variance pursuant to Chapter 149, Article X, Section 149-59(A) and Town Law 267-b. Applicant is proposing to construct an addition at 4 Daffodil Drive, South Glens Falls, NY 12803 that will meet the required side yard setback. This property is located in an R-2, One and Two Family Residential District and is designated as 49.19-3-15 on the Town Assessment Map.
Mr. Jim Miller: Representative of CWI. Would like 7 1/2' relief for 15' setback in an existing residential area with existing garage. Taking the garage off and adding living space.
Mr. Patricke: If not a covered ramp, would not need a variance. Anything covered needs a variance. When a roof is being put on, you need to have one.
All board members take a few minutes and reviews drawing.
Mr. Endal: Can't make anything smaller?
Mr. Patrick: I have talked with others on this. They have gone to great lengths to make it blend into the neighborhood.
Mr. Miller: Along property edge would be willing to put some heavy shrubs.
Mr. Hooper: Is it a group home already?
Mr. Miller: No, it isn't. There is one person living there now. Will have about 4 or 5.
Mr. Endal: This is actually considered a residence?
Mr. Patricke: To go back again, I would like to say they are doing a good job of blending into the neighborhood. This has been a long process for them. They have working on it for a very long time.
Mr. Miller: Yes, almost a year.
Mr. Endal: A big question I have is, is it going to change the character of the neighborhood? Or any other way of doing this without a Variance.
Mr. Miller: Not really. There will be nursing coming in and will need to maintain the driveway with two points of entry.
Mr. Finlayson: How many cars are we talking about?
Mr. Miller: Probably 4.
Mr. Endal: Is adding the addition to the other side not feasible?
Mr. Miller: No, putting in updated sewer. Not good to have in back for easy access and how it sits on the street.
Board members take a few minutes to review the drawing.
Mr. Miller: Four (4) bedrooms, two will be double loaded.
Mr. Patricke: No SEQR Review, no problem from neighbors.
The Board reviewed the criteria for granting an Area Variance and found as follows:
1. There would be no adverse effect on the character of the neighborhood because this situation has existed for 18 years.
2. There are no other feasible means of achieving the desired benefit.
3. The variance is not substantial.
4. The Board did not identify any adverse environmental impact.
5. The difficulty was not self created.
All okay.
Mr. Joslin motions the board for approval of Variance, Appeal No. 678 for a 71/2' variance from side. Mr. Finlayson seconds this motions.
Board members poled:
Mr. Joslin - Yes
Mr. Finlayson - Yes
Mr. Elms - Yes
Mr. Hooper - Absent
Chairman, Mr. Endal, Yes
Motion carried & APPEAL NO. 678 was Granted.
The meeting adjourned at 7:50 p.m. The next meeting is scheduled for October 24, 2007.
Respectfully submitted,
Michelle Marlow
Michelle Marlow