Minutes

Town of New Scotland

Zoning Board of Appeals
Notice of Meeting
October 28, 2014

7:00 PM
Zoning Board Members:

Adam Greenberg, Chairman,

Robert Johnson, Lance Moore, Bob Prentiss, Edie Abrams
Lori Saba, Planning Board Secretary, Jeff Pine, Building Inspector, Jeff Baker,
Zoning Board Attorney, Dave Hansen, Town Engineer (Stantec Engineering)
Absent: Edie Abrams
________________________________________________________________________________

Public Hearing:
1) Temporary Use Variance # 488: Application submitted by Jacob Constantine to
request relief from Article XIII, Section 190-99 of the town zoning law that states
each buildable lot shall have a principle dwelling before any accessory structures are
allowed to be constructed. The parcel is lies with in the RA Zoning District, on
Indian Fields Road, and is identified as New Scotland Tax parcel # 107.-2-3.1.
Applicant will apply for a 40 x 80 residential garage if this application for relief is
granted.
Mr. Constantine explained that they drilled a well and fracked it, we had an
extension put on the well casing. No yield test until next week. The septic system
design is pending. It will be designed for one bedroom apartment above garage plus
a three bedroom house that will eventually be built.
Mr. Greenberg opened up the meeting to the public.
Mr. Greg Austin, 1734 Indian Fields Road, I just have a question, originally that
property came up as commercial, and that was corrected, we are just curious as to
what the use will be. Concerns about it being very large and will there be a business
run out of the garage.
Mr. Constantine stated that the property will be used for personal storage. No plans
for a business.
Mr. Greenberg moved to keep the public meeting open until the November 18, 2014
meeting, because of the water issue.

Regular Meeting:
1) Variance Application # 489: Application submitted by Blackbird Prime Properties
is requesting to subdivide an existing manufactured home park which is located on
33 acres into two parcels with less than the required road frontage. The parcel is

located within the COM district at 1990 New Scotland Road and is identified as
New Scotland Tax parcel Id # 84.-2-28. The two proposed parcels will require 17.5
feet of relief from the 50 of road frontage required on a public roadway. The
current parcel has 65 feet of the required 100 feet of fee frontage. This application is
for a variance to Article XIII, Section 190-99 of the Town Zoning Law and Article
164-59 of the Town Subdivision Law.
Ms. Elliott explained that they would like to change the application to keep the road
frontage that exists at 65-feet with parcel #1 and parcel #2, which I have now also
calculated and I will show you that parcel #2 which is 10.59 acres plus or minus,
would only have in fee the 13-foot that sits on Route 85. Instead of asking for a
variance on both lots we are asking for a variance solely on the pink, so that lot #1,
which I will call the mobile manufacturing home park proper, has all of the road
frontage. That would require a common use driveway maintenance agreement, so
that lot #2, as we said, which is vacant would be able to utilize the frontage just like
it does. Nothing would change physically in terms of the in and the out that we
have we would just only be having this road frontage for lot #2. The good news is
we are changing our application and we are not at a public hearing stage. I am
giving you more information. I am still seeking a variance.
Mr. Baker stated that the Town will need a master development plan for this
property.
Ms. Elliott, we are working on a master plan. I will have one for you next month.
Next what I would like to do for you next month:
I dont want to split the road frontage like I had first proposed.
Ive calculated and done the math so that you know that Im not spoofing you,
its not 10 acres plus or minus it is 10.59 and that can be a done deal in terms of
its area.
Youd like to have a common use driveway maintenance agreement that Jeff
must look at and approve and be happy with. I understand that.
You need a master plan. I think it should be looked at in two ways. The
master plan of lot #1 being what is our build out, because Im finding it
tweaking and perhaps a little bit different than what was proposed in 2005. The
units that are coming in there are slightly larger.
Then a master plan for lot #2. I will give you the best of what I can get them
to come to. Your next meeting is November 18th. Id like to utilize my
application check, alter my application, and provide you with that information
and be on that agenda. I will in December for the Planning Board.
I will show a reserve area for the leach field and a perk test of the reserve area.
The four page short form will be provided.

 I will place on the map the ingress and egress, as well as the common use
driveway agreement.

Mr. Pine recommends the application to be submitted to the Albany County Health
Department for review.
Mr. Greenberg, would like the condition to be the ingress and egress is where it presently
is.
Ms. Elliott, I think we are good and I will find the original approval from 2005, see where
the 50% expansion or more is place it and place it accurately on the map.
New Business:
1) Administrative Appeal #490: Appeal submitted by Carol Frament of 73 Koonz
Road to contest the approval of building permit #14-3433 issued by the building
inspector for William and Jacqueline Tureby to allow for a metal storage container
as an accessory structure to be located on their property at 81 Koonz Road. It is the
opinion of the applicant that the metal storage container does not fit the definition of
an accessory structure as described in Article XIII, Section 190-99 of the Town of
New Scotland Zoning Law.
The applicant withdrew their application.
Mr. Greenberg recommended that the Town Board look at this issue and consider
the application of the Zoning Law to shipping containers being used as storage
structures on individual properties. Mr. Prentiss seconded the motion; all in favor;
motion so carried.
Discussion/Comment:
Discussion/Action minutes of September 3, 2014. Mr. Prentiss moved to approve the September
23, 2014 minutes. Mr. Greenberg seconded the motion; all in favor; motion so carried. Ms.
Abrams abstained.
Motion to adjourn:
Mr. Greenberg moved to adjourn and Mr. Moore seconded the motion; all
in favor; motion so carried.

THE NEXT SCHEDULED MEETING is November 18, 2014

Respectfully submitted,
Lori Saba