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Zoning Board of Appeals July 17, 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 – present

Syd Greenwood - present

Doug Purcell – present

Others in attendance – Kenneth Tompkins, Theresa Flower and William Lee

Mr. Welker asked if there are any additions or corrections of the previous hearing minutes. The present board members replied there was none. Mr. Welker asked for a motion to be made to waive reading and to accept the minutes as written. Ken Coirin made the motion and Frank Malagisi 2^nd the motion. All Zoning Board members agreed.

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 Z2008-6 by Kenneth Tompkins and Theresa Flower of 1807 VanVranken Ave Schenectady, NY 12308. Of the property located at 232 Fulton Rd Caroga Lake, NY 12032 and identified as Parcel # 52.20-3-12 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.

Owner desires to: Construct a 10 x 20 shed which needs a triple variance due to front and side yard setbacks and lot coverage issues.

Mr. Welker asked the applicants to explain what they wanted to do. Mr. Tompkins explained we wanted to add a 10 x 20 shed on his property to be used for storage. The shed was pre-built by the Amish and is ready to be located on the property.

Mr. Welker asked if they present board members had any other questions or comments for the applicants. Syd Greenwood replied that he understood what the applicants needed to do. The present board members replied they had no other questions. 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.

Chairman Pete Welker stated that the lot is 5824sq ft. The present dwelling is 736sq ft. The proposed 10 x 20 shed would add 200sf ft in coverage. The only possible location of the shed would be 4 ½ ft from the side yard and 11 ½ back from the road front. This is already a non-conforming lot.

Syd Greenwood commented that the applicants request to able to add the shed for storage is a reasonable request and with no complaints or responses from neighboring residents he did not see a problem with it.

Pete Welker commented that can see there might be an issue with the camp behind the applicants but since there was no correspondence nor anyone to speak against it he could no problem with allowing the shed.

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 Z2008-06 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.

All board members no it is already a non-conforming lot.

3. Whether the requested area variance is substantial.

Syd Greenwood states that the increase in coverage may be substantial but not enough to deny the variance. All board members agreed it was not substantial and answered 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 approve 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

Frank Malagisi - yes

Doug Purcell - yes

The applicants were advised that their application Z2008-6 for a variance was approved 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 applicants 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 advised that the Town of Caroga Zoning Board of Appeals Hearing was back in public session at 7:12PM to hear application Number Z2008-7 by William Lee of PO Box 686 Caroga Lake, NY 12032. Of the property located at 310 South Shore West Caroga Lake, NY 12032 and identified as Parcel # 82.8-3-5 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: Construct a 8 x 12 shed which needs a double variance due to lot coverage and side yard set back issues.

Mr. Welker asked Mr. Lee to explain what he wanted to do. Mr. Lee explained he wants add a steel prefabricated storage shed to his property. The shed has steel roof and sides, will not have electric or water and will be used for storage only. The shed would be dark green in color and blend in with the wooded area where he wants to locate it. The only possible location of the shed is on the northern boundary of the property which is a tree covered slope. Mr. Lee commented that he presently has a small 4 x 5ft tool shed and would be willing to remove that in order to be able to get approval for the proposed new shed.

Mr. Welker asked if there was any correspondence to this application. The Zoning Board secretary replied that there were two (2) letters. One letter from Barbara and Jim Blaydon stated that they do not see a problem with Mr. Lee’s request. They also wrote that they are happy to see home owners wiling to improve their property which benefits all of us in the end. The other letter was from Pearl Gifford and she states that she does not object to Mr. Lee’s desire to construct a 8 x12 shed on his property as it does not interfere with their neighboring lot.

Mr. Welker asked if they present board members had any other questions or comments for Mr. Lee. The present board members replied they had none. Mr. Welker closed the public part of the meeting at 7:17PM and went into open session.

Roll call take with the same results as previously recorded.

Mr. Welker stated that the present lot is 2745sq ft. The present dwelling is 1315sq ft and the tool shed is 20sq ft for an coverage of 2765sq ft. The proposed shed is 96sq ft. The increase in coverage is within the acceptable allowance. Mr. Welker commented the only issue he could see was closeness to the north side yard residence but with no complaints and being that the area is wooded the shed would not be very visible during the summer months.

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 Z2008-07 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. Welker states that based on the contour of the lot and it is a non-conforming lot already there was no other place to locate the shed.

The board members agreed and answered 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

All board members agreed no.

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

Mr. Malagisi 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 approve 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

Frank Malagisi - yes

Doug Purcell - yes

Mr. Welker advised Mr. Lee that his application Z2008-7 for a variance was approved 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. He was advised to contact the Code Enforcement Officer for the APA’s decision before they any work can begin.

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

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary