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Zoning Board of Appeals November 13, 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 – Paul Kitchen, Bruce Barkevich and John Fenzl

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 Doug Purcell 2^nd the motion. All Zoning Board members agreed.

Mr. Welker advised that the Town of Caroga Board of Appeals was meeting to here three (3) applications. The hearings are two part hearings. The first part is a public session to here the applicants and anyone to speak about the application. The second part is a closed session when the board discusses the application.

The Town of Caroga Zoning Board of Appeals will first hear Application Number Z2008-10 by John D. Widdemer Jr of 1386 Lowell Rd Schenectady, NY 12308. Of the property located at 156 Barbour Rd Caroga Lake, NY 12032 and identified as Parcel # 52.14-2-29 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 LF 2.5 which sets a side yard setback at 20ft. Front yard setback is set at 25ft. Rear yard setback is set at 20ft and a maximum lot coverage at 10% of said code.

Owner desires to: Construct a garage which would be closer to the lot line than allowed.

Mr. Welker asked if there was anyone present to speak. Mr. Paul Kitchen stated that he was the contractor for Mr. Widdemer and was there to speak for him. Mr. Kitchen stated that the Widdemer’s wanted to contract a garage that would be able to store both vehicles and that would require the 6 foot variance needed The garage would be located so that it would there would be minimal disturbance of the property avoid the removal of trees. Mr. Welker asked if there was any correspondence. The Zoning Board secretary replied that there was none.

Mr. Welker asked if they present board members had any other questions or comments for the applicants. The present board members replied they had no other questions. Mr. Welker closed the public part of the meeting at 7:04PM and went into open session.

Roll call was taken with the same results as previously recorded.

Mr. Welker questioned the location of the garage and why it was not located on the opposite side of the property. Mr. Kitchen stated that the garage location so that there would no cutting of trees and removal of local greenery. Also there is a pathway that goes down to the applicant’s residence which they want to avoid moving. Mr. Purcell confirmed the location of the pathway.

Frank Malagisi states that it is not a substantial change.

Mr. Welker asked if the present Zoning Board of Appeals members had any other questions. They replied they were satisfied and understood 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 Z2008-10 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 replied no that they did not feel so.

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 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. Coirin 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 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

Frank Malagisi - yes

Doug Purcell - yes

The applicants were advised that their application Z2008-10 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 applicants were advised to contact the Code Enforcement Officer for the APA’s decision before they any work on the garage can begin.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was back in public session at 7:11PM to hear application Number Z2008-11 by John & Janet Broderick of 14 Silver Fox Lane Hyde Park, NY 12538. Of the property located at 167 Green Lake Rd 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 LF 2.5 which sets the side yard setback at 20ft. Front yard setback is set at 25ft. Rear yard setback is set at 20ft and a maximum lot coverage at 10%. And Article 7 Section 7.02 Paragraph (2) which reads; the minimum setback of all principal buildings and accessory structures in excess of 100 square feet, other than docks and boathouses, from the mean high water mark shall be 75ft in Lakefront Residential 2.5 acres of said code. Shoreline setback and Front yard setbacks are at issue.

Owner desires to: Construct a retaining wall.

Mr. Welker asked if there was anyone here to speak for the applicant. No one was present.

Mr. Welker asked if there was any correspondence to this application. The Zoning Board Secretary replied there was not. Mr. Welker closed the public part of the meeting at 7:12PM and went into open session.

Roll call take with the same results as previously recorded.

Mr. Welker states that shoreline and front yard setbacks are at issue. He also states that the retaining wall proposed would be over the 100sq ft allowable. Mr. Malagisi states that there is erosion now and that there are boulders and treated timber being used to stop the erosion. Mr. Coirin states that the applicant indicates that the proposed retaining wall will be back filled with proper drainage and that he thinks this is reasonable.

Mr. Welker states that he heard the Town of Caroga Highway Superintendent Joe Insognia has a concern with the boulders that form the retaining wall being closely located to the road resulting in road crews, during winter snow plowing and road maintenance will result in the road crews having to raise the plow blade in that area to avoid plow damage. Mr. Welker states that this was not in writing and the info was given to him by Town of Caroga Code Enforcement Officer Mike Heberer. The board members replied that there are other properties on the same road with boulders near the road and asked why these are not an issue.

Mr. Malagisi states that the Zoning Board of Appeals should table this application until more information is gathered from the applicants with a more clear sketch of the boulder locations, the Town Highway Superintendent and Town Code Enforcement Officer. Mr. Greenwood agreed with this.

Mr. Welker asked for a motion to table Application Z2008-11 until more information is gathered. Mr. Welker asked for the board members for a motion to vote. Mr. Malagisi made the motion to vote to table the application and Mr. Purcell 2^nd the notion.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would Table the application and a no vote would continue the application.

The voting results are as follows;

Pete Welker - yes

Ken Coirin - yes

Syd Greenwood - yes

Frank Malagisi - yes

Doug Purcell - yes

The Zoning Board of Appeals unanimously voted to table Application Z2008-11. The Town of Caroga Zoning Board of Appeals has rescheduled a hearing for this application on November 25^th at 7:00PM. The board is requesting more info from the Town of Caroga Highway Superintendent about his concerns and his possible presents at the rescheduled hearing.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was back in public session at 7:15PM to hear application Number Z2008-12 by Bruce J. and Sheila Barkevich of 20 Liberty Way Clifton Park, NY 12065. Of the property located at 276 South Shore Rd West Caroga Lake, NY 12032 and identified as Parcel # 82.5-15.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 7 Section 7.02 Paragraph (2) which reads; the minimum setback of all principal buildings and accessory structures in excess of 100 square feet, other than docks and boathouses, from the mean high water mark shall be 75ft in Lakefront Residential 2.5 acres of said code. Shoreline setback is at issue.

Owner desires to: Construct a dock closer to the shoreline than allowed.

Mr. Welker asked the Mr. Barkevich to explain what he wanted to do. Mr. Barkevich explained that in 2006 he had applied for a permit to replace the present deck that was 10 feet x 8 feet (80 sq ft) with a new deck that is 12 feet by 16 feet (192 sq ft). He states that the permit was granted. Mr. Barkevich explained that he had been able to start the construction of the new deck until this past summer. He stated that the old deck was removed and the construction of the new deck had begun. He states that he had removed shrubbery from in front where the new deck is located as to have a better view of the lake. Mr. Barkevich states that he received a call from the Town of Caroga Code Enforcement Officer Mike Heberer that he was to stop construction on the new deck because of some incorrect information from granting the permit and there was a neighbor complaint. Mr. Barkevich stated that he complied and ceased construction and that is the reason he is here for the hearing.

Mr. Welker asked if there was any correspondence to this application. The Zoning Board Secretary replied there was none.

Mr. Welker asked if they present board members had any other questions or comments for the applicants. The present board members replied they had none. Mr. Welker closed the public part of the meeting at 7:20PM and went into open session.

Roll call take with the same results as previously recorded.

Mr. Welker states that the original deck was 80 sq ft and the new deck is 192 sq ft which is an increase of 118 sq ft (2 ¼ more in size). He asked Mr. Barkevich if the new deck will have railing. Mr. Barkevich stated that planned to build railing to code with the proper height and spacing of rail supports. Mr. Barkevich asked the Zoning Board members to refer to the plans and specs submitted with the application.

Mr. Malagisi states that he has a concern with a safety issue with the front of the deck being located over rocks and boulders and that the failing of the proposed railing would result in injuries. He also states that the original size of deck which was 8 feet x 10 feet was within code and would be allowable.

Mr. Coirin states he has a concern with the setback of the deck form the lake even though it will be 2 feet further back.

Mr. Welker asked if the present Zoning Board of Appeals members had any other questions. They replied they did not.

Mr. Welker then stated to the board members that they will now review the five criteria for application Z2008-12 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 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.

Mr. Malagisi states that he has a concern with the increase in size of the deck and the safety issue of the front of the deck. He is concerned that if there was a railing failure that someone could fall onto the rocks and boulders below causing injury. Mr. Purcell states that the desk was built in the location to view the deck and that there was no other realistic location to be considered. He also states that the construction of the desk could not be accomplished any other way and was done the best way possible.

Mr. Malagisi replied yes and all other board members then replied no.

3. Whether the requested area variance is substantial.

Mr. Coirin replied yes and that the deck is now existing. Mr. Malagisi replied yes as did Mr. Purcell. Mr. Coirin then stated that he is going to remove his objection about the variance being substantial but then agreed that it was substantial. Mr. Malagisi replies that he would like to see the new deck put back to the original size of the old deck of 8 ft x 10 ft. Mr. Greenwood replied he has a problem with the size of the new deck. Following this discussion all board members replied their answer was yes.

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.

Mr. Coirin replies that where else would the applicant put the deck but at the lake front.

All board members replied no.

Mr. Welker states that the applicant has not met the five criteria and the Zoning Board members have not agreed on the criteria. Mr. Welker asked for the board members for a motion to vote. Mr. Malagisi made the motion to deny the variance and Mr. Purcell 2^nd the notion.

Mr. Barkevich asked if he was allowed to speak. Mr. Welker stated he can. Mr. Barkevich states that he already had been granted a permit and the construction has begun on the new deck. He also states that he complied immediately to cease construction after receiving a call from Mike Heberer. He also states that it would be costly to him to have to change the deck at this point if his application is not granted.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would deny the variance and a no vote would grant 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 the applicant that application Z2008-12 for a variance was denied 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.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:30PM. Mr. Purcell made the motion and Mr. Coirin 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary