NEW SCOTLAND — The zoning board of appeals on Tuesday unanimously granted a temporary use variance for the construction of just a foundation of a building on land that has not yet received approval from Albany County Department of Health, effectively closing a public hearing held open for two months.
Also, the zoning board sent a Blackbird Prime Properties subdivision request to the planning board.

Foundation variance

Jacob Constantine, who applied to build a 40-by-80-foot residential garage on Indian Fields Road, requested the variance because town code requires a primary dwelling to be built before any accessory buildings. Constantine said in October that he intends to build a single-family home on the property, and that waiting for health department approval for potable water may delay his construction.

The zoning board allowed Constantine to modify his application so he could begin work on a foundation only. The approval was subject to the zoning board attorney’s approval.

Jeff Baker, the board’s attorney, did not return a call before press time.

The board wrestled with how it could legally allow Constantine to begin construction without approval from the county’s health department.

“You’re taking a lot of risk, putting up a building before you get water,” said board member Robert Johnson.

“There’s definitely water there. I don't know the amount of it,” Constantine said.

Zoning Board Chairman Adam Greenberg told Constantine, “If you can’t get water, it has to come down. Or not go up. It puts us in a difficult position — a number of places in town got built and then couldn’t get water.”

Board member Lance Moore suggested that the board approve a temporary permit to allow the foundation to be built, but Constantine asked why he couldn’t begin construction of the first of the two buildings.

Greenberg told him that the modification the board suggested would keep a structure from going up.

“But, we’re trying to work with you,” Greenberg said.

Town Building Inspector Jeremy Cramer told the board that it could not issue a variance that goes against the New York State Department of State.

“Your jurisdiction is zoning law, not department of state,” Cramer said. “I’m not for or against the issue.”

“This is a risk for me,” Constantine said, adding that the town would receive greater taxes on a property with a building than one without.

“We have a law that says you’re not allowed to do this. You’re not doing us a favor by building this,” Greenberg said.

Constantine said that, if he does not get water from his property, he will pay to bring town water lines to his property and to his neighbors, along the way, at a cost of up to $150,000.

He said that he is still waiting for his well-driller to schedule with Albany County’s health department to do the water-yield test, a wait that has continued since October.

Cramer said that a variance for a foundation would allow Constantine to begin because “foundations can be ripped out as easily as they can be put in.”

“Or, covered with dirt,” Constantine said.

Greenberg told Constantine that, after the temporary variance was granted, Greenberg would not vote for anything else on the property until Constantine has county-approved water.

“I don't want to hear that the water guy won’t come out,” Greenberg said.

Tom Hanson, owner of Hanson Well Drilling & Pump Company in Nassau, told The Enterprise that his company had drilled for Constantine on Indian Fields Road (Route 32).

 “There’s no delay on me,” he said yesterday. “We’re very efficient.”  Hanson said that, if the company were called, its employees could go out that day. He said that his company began in 1962, and that it is the largest drilling company in the region.

Hanson said that any delay might be on the part of the property owner or the county’s health department.

“We are certified. We’ve got quite a lot of experience. We’re working on the third generation. We’re available as soon as anybody needs me,” Hanson said.

Albany County Director of Communications Mary Rozak told The Enterprise, “There have been no approvals given because there’s no proposal submitted by the owner or the well-driller.”

Rozak said that either the owner or the driller can submit a water proposal.

Blackbird properties

The zoning board approved a request for a variance by Blackbird Prime Properties for relief of the amount of road frontage required for the property to be subdivided. Blackbird owns a manufactured-home park on 33 acres on New Scotland Road and wants to subdivide into two parcels.

According to surveyor Cindy Elliott, who represented Blackbird, the variance request included all road frontage on the larger front lot, with a second 10.9-acre-lot carved off at the rear requiring a maintenance agreement for access.

Elliott said that there are not concrete plans for the second parcel.

“It will be commercial,” she said. “It will be mixed use.”

The zoning board’s approval hinged on traffic and egress plans, septic design submission, and a road maintenance plan.

“I’m ready to go to Planning,” Elliott said, referring to the town’s planning board.

“I’m ready to refer you,” Greenberg said.