Zoning Board of Appeals July 24, 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 - absent

Frank Malagisi – present

Syd Greenwood - present

Doug Purcell – present

Others in attendance – Lynne Delesky and Alan Fiedler

Mr. Welker asked if there are any additions or corrections of the previous hearing minutes. Doug Purcell stated that on criteria #3 for application Z2008-7 he felt that Syd Greenwoods response to the variance as being substantial but not enough to deny the variance should be included in the minutes. The present board members agreed. The Zoning Board of Appeals made the revision as requested with the response. Mr. Welker asked for a motion to be made to approve the minutes revised and to accept the minutes as amended. Doug Purcell 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 Z2008-9 by Alan and Undine Fiedler of PO Box 391316 Mountain View, CA 94309. Of the property located at 376 Shore Trail Canada Lake Caroga Lake, NY 12032 and identified as Parcel # 52.18-1-27 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 new single family dwelling – shoreline setbacks are at issue.

Mr. Welker asked Mr. Fiedler what he wanted to do. Mr. Fiedler replied that his present camp consists of the main portion of the dwelling and 3 semi detached portions that contain bedrooms. He wants to replace the camp with one main structure that will be 1 ½ stories that will be a year round usual structure. The structure will be built close to the original footprint but with squaring off the structure, and along with the decks and screen porch it will cause an increase in coverage. The proposed structure will be set back 15 feet further from the shoreline. Mr. Fielder states that this has been a work in progress for the last 2 years and planning to begin the proposed structure this year. He also states that the new structure will be built to fit in with the surrounding environmental to cause as little impact as possible for the surrounding area.

Mr. Welker asked if there was any correspondence regarding this variance. The Zoning Board Secretary of Appeals replied there are two (2) letters. The first letter was from Nancy Myers of 372 South Shore Trail Canada Lake and it states that they have examined the plans as submitted by Mr. Fiedler for constructing a new dwelling to replace the existing one and she supports his plans and has no objection to the variance being granted. The second letter was from Richard Fink of 372 South Shore Trail Canada Lake and he states that he has reviewed the plans for Mr. Fiedler to replace his existing camp with a new structure and that he is supportive of the plans and variance. Each letter of correspondence will be on file for this application.

Mr. Welker asked if they present board members had any other questions or comments for Mr. Fiedler. The present board members replied they had none. Mr. Welker closed the public part of the meeting at 7:10PM and went into open session.

Roll call take with the same results as previously recorded.

Mr. Welker states that there are no issues with the side yard of front yard setbacks. The issue is the setback from the shoreline. The parcel is 79,500 sq ft and the present dwelling coverage is 1090sq ft and the proposed structure will be 1700sq feet increasing the coverage but well within the allowable 10%. The present dwelling is setback 5 feet and the proposed structure with the deck and stairway will be setback approx 10 feet which is good. Mr. Welker asked if the proposed stairs from the deck can be located anywhere else. Mr. Fiedler replied that with the topography of the land it was not possible. Mr. Welker stated that even with the proposed deck stairs the setback is increased from the shoreline which is good. Mr. Malagisi asked if the stairs can be moved to the side. Again Mr. Fiedler stated that the topography of the land only allowed a small ground level landing.

Syd Greenwood replied that the with Mr. Fiedler building on the original footprint the increase in coverage is being caused by squaring off of the original existing structures.

Pete Welker states that with Mr. Fiedler building further away form the shoreline the proposed structure is more environmentally appealing.

Mr. Malagisi asked if Mr. Fiedler’s lot was one combined lot from the 3 parcels shown on the map. Mr. Fiedler confirmed that it was one parcel now. He also confirmed that the present dwelling is centrally located on the parcel and the proposed structure will also be centrally located on the parcel.

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 Z2008-09 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.

Mr. Welker stated that correspondence for this application are all favorable and the increase is within the allowance. All Board members replied 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.

Syd Greenwood replied that by the applicants building on the same footprint and taking into the topography of the parcel he has not issues with granting the variance. All board members replied no.

3. Whether the requested area variance is substantial.

All board members replied 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 replied 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 replied no.

Mr. Welker asked for the board members for a motion to vote. Mr. Purcell made the motion to approve the variance and Mr. Malagisi 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

Syd Greenwood – yes

Frank Malagisi - yes

Doug Purcell - yes

Mr. Fiedler was advised that his application Z2008-9 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. Mr. Fiedler was advised to contact the Code Enforcement Officer for the APA’s decision.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:18PM. Mr. Greenwood made the motion and Mr. Purcell 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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