Date: Tue, 19 May 2020 14:05:50 +0000 [10:05:50 EDT]
Subject: Baker/Mott variance LV2020-0015

Doug Purcell,

Agency staff have reviewed the Baker/Mott Variance (Z2020-04) and have concerns about the ZBA’s granting of the variance and the project. In accordance with Executive Order 202.11 (and renewed by EO 202.29), the 30-day review period for variances has been suspended. In the interest of timeliness, the Agency wanted to convey our concerns to the Town now. This allows for the Town and applicant to address those deficiencies in the record (such as a revised application to the ZBA or a rehearing by the ZBA, subject to the applicable procedures) rather than waiting for a formal reversal to be issued.

Please see the below evaluation of the record and let me know if you have any questions.

A review of the record for Agency Local Variance File LV2020-0015 for the Baker/Mott property in Caroga, Fulton County. The variance site contains approximately 0.46 acres and is comprised of Town of Caroga Tax Map Parcels 52.14-2-23 and 24, which are soon to be merged into a single lot. The site is located between Webster Road and Canada Lake, and is currently owned by Robert Baker and Lorraine Mott.

The site is improved by two pre-existing single family dwellings. These dwellings are both located approximately 43 feet from the mean high water mark of Canada Lake at their closest points, in an area where the shoreline setback for new construction is 75 feet. The dwellings are connected to a holding tank, and water is provided from Canada Lake. The variance site is also improved by a pre-existing garage located outside of the shoreline setback area.

The applicants submitted a request for a variance from the Town of Caroga Zoning Ordinance to allow for replacement and expansion of the two dwellings and the garage on the site, and to construct a breezeway between all three structures. Both dwellings will be connected to an on-site wastewater treatment system on a neighboring lot, and to a newly drilled well. One of the dwellings will be located between 1.5 and 3 feet closer to the mean high water mark than the dwelling it is replacing; the other will be no closer to the lake.

Based on the record, it appears that both new dwellings will be larger in footprint than the existing dwellings, though the exact dimensions of these expansions are unclear. In addition, it appears that the dwellings will be expanding in width (laterally) along the shoreline, through increases in interior space and by connection to the proposed breezeway, though these dimensions are also not clear. Finally, while heights for the proposed dwellings are shown on an architectural rendering in the record, the height of the original dwellings and whether there will be any increase is not documented.

A variance is required for this proposal under Article 9, Sec. 5(d) of the Zoning Ordinance as updated in 2019, which states that, “A noncomplying structure that does not comply with the shoreline setbacks of this Ordinance, may not be enlarged or increased in bulk within the shoreline setback without a variance.” When reviewing a request for a variance from this requirement, the Zoning Board of Appeals must consider: whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; whether the benefit sought by the applicant can be achieved by some other feasible method; whether the requested variance is substantial; whether the proposal will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and whether the alleged difficulty was self-created. The Board may only grant the minimum variance that it deems necessary, and may impose reasonable conditions and restrictions to minimize any potential adverse impacts to the neighborhood, community, or natural resources.

Given the lack of documentation on the bulk of the proposed expansions within the shoreline setback area, it is not clear in the record whether the replacement dwellings would cause an undesirable change in the character of the neighborhood or a detriment to nearby properties, or have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. For example, if the proposed dwellings will be taller than the existing dwellings, the record should demonstrate consideration of any visual impacts that this increase might cause along the shoreline. It is also unclear whether the increased structural footprint within the shoreline setback area would lead to visual, stormwater, or other impacts. This lack of information also suggests that the Board may not have fully considered whether the variances granted were the minimum necessary.

Conditions that could mitigate any impacts from the expanded structures were also not discussed in the record. For example, restrictions on vegetative cutting or on the color of the new dwellings could help to limit visual impacts, and requirements related to stormwater and the proposed on-site wastewater treatment system could help to protect the water quality of Canada Lake.

Finally, it is unclear from the record how the proposed breezeway affects the request. Is the square footage of the breezeway considered as part of the expansion in footprint of the two dwellings? Perhaps more importantly, would the dwellings become a single structure through their attachment to the breezeway? Multiple family dwellings are prohibited in the LF-2.5 district; therefore, if the dwellings, breezeway, and garage would comprise a single structure, a use variance may be required for the proposal.

Robyn Burgess
Principal Adirondack Park
Local Planning Assistance Specialist

NYS Adirondack Park Agency
PO Box 99
1133 NYS Route 86
Ray Brook, NY 12977
(518) 891-4050 | Robyn.Burgess@apa.ny.gov
www.apa.ny.gov

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