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Zoning Board of Appeals June 5, 2008 Minutes

Chairman Pete Welker opened the meeting at 7:00pm. Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman – Pete Welker - present

Vice Chairman – Ken Corin - present

Frank Malagisi – Absent

Syd Greenwood - present

Doug Purcell – present

Others in attendance – Harvey VanValkenburg, Marylou Paterson and Jim Selsmer

Mr. Welker advised that this is a two part hearing of the Town of Caroga Zoning Board of Appeals being held to hear Application Number Z2008-4 by Harvey and Kathleen VanValkenburg of 146 VanValkenburg Rd Johnstown, NY 12095. Of the property located at 146 Third Ave Caroga Lake, NY 12032 and identified as Parcel # 83.15-3-29.5 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 which pertains to front yard set back.

Owner desires to: Install an eight (8) foot pressure treated deck on the front of the home.

Mr. Welker asked Mr. VanValkenburg to explain what he wanted to do. Mr. Van Valkenburg explained that he wanted to put a new deck on the front of his home. He stated that his home was built in the middle of a combined parcel that was originally 3 separate parcels. He stated that the location of the deck on the front was to be added later. He would have located the home slightly further back on the lot to allow for the deck because there was room to do so and was simply an over site on his part.

Marylou Paterson, who is a neighbor of the VanValkenburg’s stated that she has no problem with the deck addition and that it is aa additional improvement to the home and the looks of the area.

Mr. Welker asked if they present board members had any other questions or comments for Mr. and Mr. VanValkenburg. The present board members replied they had none. Mr. Welker closed the public part of the meeting at 7:05PM and went into open session.

Roll call take with the same results as previously recorded.

Ken Coirin states that the VanValkenburg’s have made every attempt to comply with the zoning for that area and that they just did not realize that the location of the home was not enough to allow for the deck.

Mr. Welker asked if the present Zoning Board of Appeals members had any other questions. They replied they were satisfied with the information they had.

Mr. Welker was advised that the Zoning Board Appeals in granting the minimum variance that shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

Mr. Welker then stated to the board members that they will now review the five criteria for application Z2008-04 that are from the Town of Caroga Zoning Ordinance

1. 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 this variance.

All Board members agreed no.

2. Whether the benefit sought by the applicant can be achieved by some other methods feasible for the applicant to pursue, other than an area variance.

Mr. Coirin stated that the deck could only be 3 foot wide to meet the area setback. All board members replied no.

3. Whether the requested area variance is substantial.

All board members agreed no.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

All board members agreed no.

5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

All board members agreed no.

Mr. Welker asked for the board members for a motion to vote.

Mr. Coirin made the motion to approve the variance and Mr. Purcell 2^nd the notion.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would grant the variance and a no vote would deny the variance.

The voting results are as follows;

Pete Welker - yes

Ken Coirin – yes

Syd Greenwood - yes

Doug Purcell - yes

The VanValkenburg’s were advised that their application Z2008-4 for a variance was granted by the Town of Caroga Zoning Board of Appeals. It goes to the APA for their review and final decision. The APA has thirty (30) days upon receipt of the application paperwork to respond with their decision for approval or denial. The VanValkenburg’s were advised to contact the Code Enforcement Officer for the APA’s decision before they any work on the deck can begin.

Chairman Pete Welker opened the Town of Caroga Zoning Board of Appeals Hearing at 7:10PM to hear application Number Z2008-5 by Alice and Tony Roberts of PO Box 63 Ovid, NY 14521. Of the property located at 156 Kasson Drive Caroga Lake, NY 12032 and identified as Parcel # 53.17-1-17 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in Zoning District LFB of said code.

Owner desires to: Remove existing trailer, enclosed porch and screened porch and rebuild to match remainder of existing structure.

Mr. Welker stated that there was no one present for Robert’s application and closed the public part of the meeting at 7:11PM and went into open session.

Roll call take with the same results as previously recorded.

The present board members reviewed the paperwork and plans submitted by the Robert’s. The front yard setback will has been increased from 25’ to 38’ and is not an issue. The side yard is the issue. It is presently 17’ and the proposed structure will make it 15 ½ feet. The lot is already a non-conforming lot and this will make it more non-conforming.

Pete Welker submitted a letter from the Fulton County Planning Board in reference to this variance request. The letter states that the Fulton County Planning Board recognizes no regional implications could occur and will be making no recommendations concerning this application.

Mr. Welker asked if the present Zoning Board of Appeals members had any other questions. They replied they were satisfied with the information they had.

Mr. Welker then stated to the board members that they will now review the five criteria for application Z2008-05 that are from the Town of Caroga Zoning Ordinance

1. 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 this variance.

All Board members agreed no.

2. Whether the benefit sought by the applicant can be achieved by some other methods feasible for the applicant to pursue, other than an area variance.

The board members determined that the proposed structure would be a 15 ½ foot increase in width do to the squaring off of the structure and the use of dimensional lumber. Following that review all board members replied no.

3. Whether the requested area variance is substantial.

Syd Greenwood states he has no problem in granting the variance and all board members agreed no.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Mr. Coirin states that they want a better home and will be an improvement.

All board members agreed no.

Mr. Welker asked for the board members for a motion to vote.

Mr. Greenwood made the motion to approve the variance and Mr. Purcell 2^nd the notion.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would grant the variance and a no vote would deny the variance.

The voting results are as follows;

Pete Welker - yes

Ken Coirin – yes

Syd Greenwood - yes

Doug Purcell - yes

Mr. Welker advised that the Robert’s will be notified that their application Z2008-5 for a variance was granted by the Town of Caroga Zoning Board of Appeals. It goes to the APA for their review and final decision. The APA has thirty (30) days upon receipt of the application paperwork to respond with their decision for approval or denial. The Robert’s will be advised to contact the Code Enforcement Officer for the APA’s decision before they any work can begin.

Mr. Welker submitted to the present board members a proposed revision to the policy in regards to a Zoning Board of Appeals Alternate and their presence and participation in the hearing process. A copy of the proposed revision is included with these minutes. Mr. Welker asked for comments. All the present board members approved the revision.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:25PM. Mr. Greenwood made the motion and Mr. Welker 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary