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Zoning Board of Appeals April 9, 2009 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

Doug Purcell – present

Robert Kane – present –note – Mr. Kane arrived at 7:30pm

Alternate Member - Janice Corr – present

Others in attendance: Chris and Kristina Quenelle, George Limbrunner, Brian Cridland, Charles and Becky Ward. Mike Vickerson and James Selsmer.

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. Frank Malagisi made the motion and Janice Korr 2^nd the motion. All Zoning Board members agreed.

Mr. Welker advised that the Town of Caroga Board of Appeals was meeting to here four (4) 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.

Mr. Welker advised that the Zoning Board of Appeals would be hearing applications Z2009-1, Z2009-2 and Z2009-3 that were previously scheduled on February 19, 2009 and were voted on to

be tabled by the present Zoning Board of Appeals members, Acting Chairman Frank Malagisi, Robert Kane and Alternate Janice Korr. These 3 board members are required to be present for these three applications.

Mr. Welker advised that the Town of Caroga Zoning Board of Appeals will first here Application Z2009-04 first while waiting for Mr. Kane to arrive. Application Z2009-04 by John & Joanne Schoenberg of 11 Main St Hyde Park, NY 12538. Of the property located at 125 Seven Oaks Rd Caroga Lake, NY 12032 and identified as Parcel # 83.13-2-1 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 7 Section 7.021 Paragraph (2) of said code. Shoreline and Side yard setbacks are at issue.

Owner desires to: Construct a Deck.

Mr. Welker asked if there was anyone present to speak for this application and there was no one present. Mr. Welker asked if there was anyone to speak for this application. Mr. Selsmer spoke up to say that he was a neighboring property owner and has no objection to the proposed deck. He states that any work that has been done by the Schoenberg’s has greatly enhanced the property. Mr. Welker asked if there was any correspondence for this application. The Zoning Board Secretary replied there was none. Mr. Welker closed the public part of the hearing at 7:03pm and went into open session.

Roll call was taken with the results as previously recorded.

The Zoning Board of Appeals members reviewed the plans for the proposed deck. The setback will be 8’ less and will go from 60’ to 52’. The proposed side steps has a pre-existing setback and will be no closer then the proposed width of the deck. Ken Coirin questioned the steps proposed for the front of the deck. He wanted to make sure the steps were completely set into the deck so as to not decrease the setback. He states that the deck will have railing and that is will be an open deck with no roof. Janice Korr questioned how to justify allowing the variance for the deck. She also asked what would avoid the Schoenberg’s from adding a roof to the deck in the future. Mr. Welker advised that the application is for an open deck. Any further additions or changes will need a new application for a permit. The issue for this application is for a deck.

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 Z2008-02 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 replied no and that a variance would still be required.

3. Whether the requested area variance is substantial.

Ken Coirin replied that the variance is reasonable and 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.

The setbacks is pre-existing and that there is no other way to go. All board members agreed no.

Mr. Welker asked for a motion to vote on Application Z2009-04. Ken Coirin made a motion to approve the application based on the actual drawing that show the front deck steps as being completely set into the deck. Doug Purcell 2^nd the motion. Frank Malagisi made a request to amend the motion to approve the application with the stipulation that the deck will be an open deck only. Mr. Welker replied that the applicants would have to apply for another permit for any future plans and that the issue here is for a variance for a deck only. Doug Purcell agreed with that statement.

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

Frank Malagisi – yes

Doug Purcell – yes

Alternate Janice Korr – no

Mr. Welker states the application Z2009-4 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 applicants will be advised to contact the Code Enforcement Officer for the APA’s decision.

The Town of Caroga Zoning Board of Appeals reopened the public session to hear Application Number Z2009-01 by George & Jane Limbrunner of 108 Horizon View Drive East Greenbush, NY 12061. Of the property located at 206 Dolgeville Point Caroga Lake, NY 12032 and identified as Parcel # 52.17-1-8 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 7 Section 7.021 Paragraph (2) of said code. Shoreline and Rear are at issue in the ODA zoning district.

Owner desires to: Construct a New Single Family Dwelling.

Mr. Welker asked for Mr. Limbrunner to explain what he wanted to do. Mr. Limbrunner states that he wants to remove 3 existing building from the property and replace them with a single family structure. The proposed structure will be more centrally located on the property with equal side to side setbacks. I will also be located further back from the shoreline.

Mr. Welker states that the Zoning Board members will rely on the plans submitted by Mr. Limbrunner because the property is not accessible at this time of the year because of winter conditions.

Mr. Welker asked if there was any correspondence for this application. The Zoning Board of Appeals secretary replied that there was a letter received from Mr. Samuel Corsi Jr and the letter states that he owns property to the west of the Limbrunners and that he has no objection and is in favor of the variance being granted.

Mr. Welker asked if the board members had any other questions for the applicant. The board members replied that they were satisfied with the information they have been given for the application. Mr. Welker closed the public part of the hearing at 7:30PM.

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

Mr. Welker states that with reviewing the plans submitted by Mr. Limbrunner that by his moving of the proposed structure further away form the shoreline is an improvement and should be looked at as a positive improvement. He also states that the proposed structure is moved back as far as allowed due to the location of the septic system. Ms. Korr reviewed a photo submitted and stated that the plans are a improvement for the property. Mr. Malagisi states that moving the location of the proposed structure further from the shoreline is an improvement. Ms. Korr asked Mr. Limbrunner what will be done with the area in from of the proposed structure. Mr. Limbrunner states that the area will be landscaped. Mr. Coirin replied that this is a good plan.

Mr. Welker asked the Zoning Board members if they had any other comments or questions. The members replied that they did not. Mr. Welker advised the Zoning Board of Appeals will now review the five (5) criteria for a area variance.

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.

Mr. Welker advised that for voting on the application that Zoning Board of Appeal member Doug Purcell will abstain and Alternate Janice Korr will be voting. Mr. Welker asked for a motion for voting on this application. Mr. Coirin made the motion to approve Application Z2009-01 and Mr. Malagisi 2^nd the motion.

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

Frank Malagisi – yes

Bob Kane - yes

Alternate Janice Corr – yes

Mr. Welker advised Mr. Limbrunner that his application Z2009-1 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 will be advised to contact the Code Enforcement Officer for the APA’s decision.

Chairman Pete Welker reopened the public session of the Zoning Board of Appeals to hear application Number Z2009-02 by Kristina R Quenelle of 24 Point View Rd East Greenbush, NY 12061. Of the property located at 225 N Shore Rd West Caroga Lake Caroga Lake, NY 12032 and identified as Parcel # 67.20-1-7 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 LF 2.5 said code. Front yard setbacks are at issue.

Owner desires to: Construct a garage.

Mr. Welker asked if there was anyone to speak for the application. Mr. Quenelle spoke to explain that he wanted to build a garage that would be located on the roadside of his property. The area around the proposed garage will be cleared of rocks and boulders and will make the wider and easier to turn around because he is the last property located on the road. The area in the wintertime is maintains by the town and this will make it easier for the town plows to turn around. He advised that there is other garages on the road that are also located the same as the garage he is proposing. Brian Cridland spoke up and states that he is in favor of the proposed garage. He also states that the proposed garage and cleanup will enhance the area. He also agrees that with that area around the garage being cleared of rocks and boulders that it will make it easier to turn around.

Welker closed the public session of the hearing at 7:47pm and went into open session for discussion.

Role call was taken with the results as previously recorded.

Mr. Welker states that the proposed garage will have a 10ft setback from the road. He agrees that the improvement to the area will make it easier for the road crews to maintain. He also states that there other garages located on the road and Mr. and Mrs. Quenelle garage will blend in and be an enhancement to the area as well the cleaning up of the rocks and boulders. Mr. Welker asked if the boulders and rocks would be used on the present retaining wall on the property. Mr. Quenelle confirmed that was his plan.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2009-02 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 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 agreed no.

All board members replied no.

Mr. Welker advised that for voting on the application that Zoning Board of Appeal member Doug Purcell will abstain and Alternate Janice Korr will be voting. With no other questions Mr. Welker asked for a motion to vote. Mr. Malagisi made the motion to approve the variance for application Z2009-02 and Mr. Kane 2^nd the motion.

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

Frank Malagisi – yes

Bob Kane - yes

Alternate Janice Corr – yes

Mr. Welker advised the Quenelles that their application Z2009-2 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 will be advised to contact the Code Enforcement Officer for the APA’s decision.

Chairman Pete Welker reopened the public session to hear application Number Z2009-03 by Charles Ward of PO Box 189 Caroga Lake, NY 12032. Of the property located at 1034 State Highway 10 Caroga Lake, NY 12032 and identified as Parcel # 38.14-2-8 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.50 of said code. Commercial use is neither permitted nor a use by site plan review.

Owner desires to: Construct and operate a Candle/Gift Shop.

Mr. Welker asked Charles Ward to explain what he wanted to do. Mr. Ward explained that he wanted to open a candle and gift shop to sell locally made products. He explained that the shop is located on the he owns property he owns next to his house. The property presently has a building he built and used for a workshop. He states that the business will be an encouragement for local businesses in the area. He states that his home is presently located next to a commercial business and that the land across State Route 10 is also commercially owned and is a camping area. Mr. Ward states that the proposed business will encourage tourism growth in this area and be a convenience for local people instead of having to drive into the city. Mike Vickerson who own the business located next to the Wards residence spoke to say that the proposed business will be an enhancement to the area and he fully supports the Wards.

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 closed the public part of the hearing and went into the discussion session.

Frank Malagisi states there is commercial property neighboring the Wards residence and across the road. There is a sufficient area for parking and that road visibility is not a issue for people pulling out onto the highway. Ms. Corr asked Mr. Ward what the proposed building for the shop was originally used for. Mr. Ward replied the building was originally built to be used as his workshop. Ms. Ward replied that the building is a perfect place for a business and it has been a dream in the works for a long time. Bob Kane replies that he has no problem with the Wards plans. Pete Welker states that granting a use variance in a residential area is difficult. He states that he realized that there is other commercial businesses in the area and that the area across the highway is commercial but that the proposed location is zoned as residential. Ken Coirin states that this is a tough decision. Frank Malagisi states that bases on the present economics he has no problem with granting the variance.

Mr. Welker then stated to the board members that they will now review the four criteria for a use variance for application Z2009-03 that are from the Town of Caroga Zoning Ordinance.

1. Whether the applicant cannot realize a reasonable return provided that lack of return is substantial as demonstrated by competent financial evidence.

Mr. Welker states that there is no financial evidence of a hardship. All board members agreed and replied no.

2. That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.

All board members agreed that is was not unique, Ken Coirin replied that the Zoning Board of Appeals has denied other use variances in residential areas. Bob Kane replied he has not problem because there are already commercial areas across the road and nearby to the Wards property. The other board members replied no.

3. That the alleged hardship has not been self created.

All board members replied that the hardship has not been self created.

4. Whether the relief asked for, the requested variance, will not alter the essential character of the neighborhood.

All board members agreed that it will alter the area.

Mr. Welker asked for the board members for a motion to review the criteria for a use variance. Ms. Korr made the motion to deny the variance and Mr. Coirin 2^nd the motion. 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

Frank Malagisi - no

Bob Kane - no

Janice Corr - yes

Mr. Ward was advised that his application Z2009-3 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. Mr. Ward 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 8:15PM. Mr. Doug Purcell made the motion and Ms. Corr 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary