Zoning Board of Appeals November 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 - present

Frank Malagisi – absent

Syd Greenwood - present

Doug Purcell – present

Alternate Jim Selsmer - present

Mr. Welker advised that the Town of Caroga Board of Appeals was meeting to hear Application #Z2008-11 which was scheduled to be heard previously on 11/13/08 and voted by the Zoning Board of Appeals to be tabled until more information was gathered.

Mr. Welker asked if there are any additions or corrections of the previous hearing minutes held on November 13, 2008. The board members replied that due to the issue of some discrepancies for the Barkevich application Z2008-12 criteria responses #2 and #3 due to the microphone not working properly for recording the minutes the information typed by the Town of Caroga Secretary were completed by notes and correspondence by zoning board members. The present board members agreed with the revisions requested verbally and by email from the Zoning Board of Appeals Members. With the revisions as requested Mr. Welker asked for a motion to be made to accept the minutes with the revisions as written. Ken Coirin made the motion and Syd Greenwood 2^nd the motion. All Zoning Board members agreed.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was in public session at 7:00PM 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.

Chairmen Pete Welker advised that this application was previously scheduled to be heard on November 13, 2008 and was voted by the Town of Caroga Zoning Board of Appeals to be Tabled due to the concerns expressed verbally by the Town of Caroga Highway Superintendent for the proposed placement of boulders for the retaining wall causing damage to the winter maintenance snow plows.

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

Mr. Welker advised that with no one present to speak for the applicant or application before Zoning Board of Appeals he closed the public session at 7:11PM and went into open session to discuss the application.

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

Mr. Welker states that this application was previously tables on November 13, 2008 for the concerns verbally expressed to him by the Town of Caroga Highway Superintendent for the proposed placement of boulders for the retaining wall causing damage during winter maintenance by the snow plows and causing possible damage to the equipment. The Town of Caroga Highway Superintendent asked that the boulders be placed back from the road and marked to avoid this possibility of damage.

Mr. Greenwood asked if the board felt that the applicant would comply with this request. Mr. Welker replied that he was given information verbally that the applicant would do this.

Mr. Selsmer states that he drove by the applicant property and noted the placement of the boulders and felt that is will not be an issue with the boulders placed back sufficiently. Mr. Welker asked if he had noticed any stakes marking the boulders Mr. Selsmer replied he did not see any but that he was not looking for them at the time.

Mr. Welker states that based on the verbal information and should the application be approved it should be done with the stipulation that the boulders be placed back sufficiently to satisfy the Town of Caroga Highway Superintendent.

Mr. Welker states the main issue is the setback from the lakefront which under Article 7 Section 7.02 Paragraph (2) set 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. The proposed structure and retaining wall is now setback less than approx 25 feet. Mr. Welker also states that the board members only have the applicants property map to review. The reason for the retaining wall to prevent erosion which has already taken place. Mr. Selsmer states that over the years there has been rocks placed for this reason in front of the applicants property as has been done by neighboring properties. Mr. Greenwood wanted it to be confirmed that this application, and the boards decision be reviewed by the APA. Mr. Welker confirmed that it will.

Mr. Welker asked if there was any other questions or comments by the board members. They replied they had none.

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 Z2008-11 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.

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 a motion to vote on Application Z2008-11. Mr. Coirin made the motion to vote to approve the application with the stipulation that the boulders be moved back sufficiently and marked as to not cause interference or damage to equipment for the winter snow plowing by the Town of Caroga Highway Maintenance Department and Mr. Greenwood 2^nd the motion.

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

The voting results are as follows;

Pete Welker - yes

Ken Coirin - yes

Syd Greenwood - yes

Doug Purcell – yes

Jim Selsmer - yes

Mr. Welker advised the applicant that application Z2008-11 for a variance was granted by the Town of Caroga Zoning Board of Appeals and the variance approved. 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 the applicant will need 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 7:15PM. Mr. Greenwood made the motion and Mr. Coirin 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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