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Zoning Board of Appeals
Reopening of Tabled Hearing

Date: March 26, 2020

Due to the COVID-19 National Emergency, Zoning Board of Appeals Chair Douglas H. Purcell, Jr. has declared that the venue for the meeting of the Zoning Board of Appeals of the Town of Caroga will be via Conference Call only on April 2, 2020 at 7:00 p.m. All attendees may join these meetings via any computer or smartphone with internet access at https://global.gotomeeting.com/join/870205333. Attendees will be able to hear and be heard more clearly if they are able to join the meeting via the above web link. Attendees may also join meetings by dialing (toll free) 1(866)899-4679 or (long distance) 1(571)317-3117 and then entering access code 870205333 followed by the "#" key. Attendees joining by dialing in will not be heard or hear as clearly as when they join via the web link. Attendees may first want to browse the application materials online before joining the Public Hearing conference call. The meeting agenda includes

Application Number Z2020-04,

by Robert Baker & Lorraine Mott, PO Box 353, Caroga Lake NY 12032

for the property located at 118/120 Webster Road in the Town of Caroga

and identified as parcels SBL#52.14-2-23 and SBL#52.14-2-24 in LF-2.5 zoning district, APA Low Intensity.

The property owner proposes to demolish two camps and a garage and rebuild two new structures and a new garage

Article 4, Section I, Subsection B of the Zoning Ordinance states “No building or structure shall herein be erected, constructed or altered to exceed the dimensional standards of the zoning district said building or structure is located within.”

The existing lot coverage of 11% is 1% over the allowed 10%. The proposed lot coverage will be increased by 6% for a total of 17%. This will be 7% over the allowed 10% in the LF-2.5 zoning district.

Article 9, Section VI, Subsection A of the Zoning Ordinance lists noncomplying lots and states “ If a lot of record, duly existing prior to the adoption of this Ordinance or any applicable amendment thereto, fails to meet applicable density, set back or lot size standards as set forth herein, the lot may be developed with any allowable use listed for the zoning district in which such noncomplying lot is located provided that such lot has sufficient width, depth, and area to undertake development that will meet at least two-thirds of the current minimum yard setbacks, and other dimensional requirements.” Article 9, Section VI, Subsection B states “Where two-thirds of current minimum yard setbacks and other dimensional requirements cannot be met, the owner shall have the right to apply for one or more area variances.”

This allowance sets the front yard setback at 16.5 feet and the side yard setback at 13.3 feet. The shoreline setback is 75 feet.

The proposed encroachment on the front yard setback of 16 feet 6 inches for the primary structures (breezeway) is 5 feet and the encroachment for the garage (accessory structure) is 9 feet 10 inches.

The proposed side yard setback remains the same as the existing setback at 5 feet, which is an 8 foot 2 inch encroachment.

The shoreline setback for the proposed structures is 40 feet, which is 6 feet closer to the water than the existing encroachment and a 35 foot encroachment and almost wholly in the shoreline setback. Refer to site plans.

A Zoning Board of Appeals (ZBA) variance, if granted, may then be referred by the ZBA to the Adirondack Park Agency (APA). The APA has 30 days after it receives a complete referral to reverse the granting of the variance. If the variance is granted by the ZBA and not reversed by the APA, then building plans would be reviewed and a determination made about whether to issue a building permit.

The above application is open to inspection online at TownOfCaroga.com/apa/z2020-04_baker_mott/ and at the Code Office, Town of Caroga Municipal Building, 1840 State Highway 10, Caroga Lake NY 12032. Persons wishing to appear at such hearing may do so in person or by attorney or other representative. Communications in writing in relation thereto may be filed with the Board at such hearing.

James McMartin Long
Zoning Board of Appeals Clerk
Town Board Member
PO Box 328
Caroga Lake NY 12032
(518)835-3734 (home)

Copyright © James McMartin Long 2017–2023