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Zoning Board of Appeals June 16, 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

Others in attendance: Mike Heberer, Syd Greenwood, Linda Stevens, Paul and Carol Ziemann, Nancy Kelly, Fran Quinn, Phyllis Simone, Ed Kelly, Richard Woods, Tim Mitchell, Rick Fink, Jim Selsmer, Steve Putman, Paul Kolodziej and Bill Fielding.

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 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 two (2) 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 Town of Caroga Zoning Board of Appeals will first here Application Z2009-05 by Richard & Kathy Fink of 3030 Pecan Grove Lane Prosper, TX 75078. Of the property located at 323 South Shore Trail Caroga Lake, NY 12032 and identified as Parcel # 52.18-1-29.11 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 (LF 2.5) of said code which sets side yard setback at 20’, front yard setback is set at 25’, rear yard setback is set at 20’, Maximum lot coverage at 10% and Article 7 Section 7.021 (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 mean high water mark shall be 75 feet in Lakefront Residential 2.5 acres. Shoreline and side yard setbacks are at issue.

Owner desires to: Construct a Single Family Dwelling.

Mr. Welker asked if there was anyone present to speak for this application. Mr. Fink spoke to say that it is his plans to construct a single family dwelling in place of the present camp. The proposed structure would be 148 sq ft larger then the original structure and the deck would be 385 sq ft larger then original deck. He advised that he had met with the APA, showed them his plans and his states that the plans were received favorably. He submitted a copy of the plans and pictures of the original camp that he has proposed replacing. He explained that since there is no road access to the property all materials would have to be brought in by water. He also explained that to build the proposed structure in any other location other then on the original footprint would result in additional excavating and tree removal which would have a detrimental impact to the surrounding environment.

Mr. Welker asked if there was any correspondence for this application. The Zoning Board of Appeals Secretary replied there was 3 letters. Letters were read from Nancy Meyers who owns property at 372 South Shore Trail Rd, Alan Fiedler who is a neighboring property owner and Brian Egan who is an adjacent property owner. All 3 letters from these people expressed their approval for granting the variance to Richard and Kathy Fink.

Mr. Welker asked if the board members had any other questions for Mr. Fink. The board members replied that they were satisfied with the information presented. Mr. Welker closed the public part of the hearing at 7:12PM 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 Single Family Dwelling. Frank Malagisi stated that the sideline setback is substantial. The Town of Caroga Code Enforcement Officer Mike Heberer stated that the sideline setback is no longer an issue because the lot line further away then indicated on the original map. Ken Coirin and Doug Purcell both stated that they were satisfied with the information.

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 review the five criteria for application Z2009-05 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 that the cannot not say that is would be the result.

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 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.

All board members agreed no.

Mr. Welker asked for a motion to vote on Application Z2009-05. Frank Malagisi made the motion to approve the application as submitted and Ken Coirin 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

Doug Purcell – yes

Robert Kane - yes

Mr. Welker states the application Z2009-05 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 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 at 7:20PM to hear Application Number Z2009-06 by Karl & Carol Ziemann of PO Box 504 Caroga Lake, NY 12032. Of the property located at 2279 State Hwy 10 Caroga Lake, NY 12032 and identified as Parcel # 83.9-5-8 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 (LF 2.5) of said code which sets side yard setback at 20’, front yard setback is set at 25’, rear yard setback is set at 20’, Maximum lot coverage at 10% and Article 7 Section 7.021 (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 mean high water mark shall be 75 feet in Lakefront Residential 2.5 acres. Shoreline and side yard setbacks are at issue.

Owner desires to: Construct an Addition.

Mr. Welker states that this application will be heard in two sessions. One for the area variance and one for the use variance. The Zoning Board of Appeals will first here the application for the area variance.

Mr. Welker asked the Ziemann’s to explain what they wanted to do. Mr. Ziemann explained that he and his wife have purchased the property that was originally the Putman’s Store and restore it as a General Store and Marina. He wants to build a 35’ x 35’ building on the property. His plans are to use this building to start, during the summer months (June, July and August), as a small general store for selling of boat supplies, fishing supplies and basic groceries. During the other nine (9) months it would be used as a workshop and as a garage for their personal use.

Jim Selsmer spoke up that he is in favor of granting the Ziemann’s the variance. He states that this would be an anchor to the community to encourage the growth of small commercial businesses. Ed Kelly also spoke and asked what Mr. Ziemann’s plans were for hours of operation and lighting. He states that the previous owners had installed a spotlight and when it is on the light reflects off the water directly into his camp. Mr. Ziemann replied that his intended hours of operation would be form 8am to 8pm daily. Mike Heberer states that the lighting is a signage issue and would be addressed. Phyllis Simone stated she had concerns for the storage of gasoline. Mr. Welker stated that this issue would be handled and addressed by the Department of Environmental Conservation. They have this information and to date no comments have been received. Phyllis Simone and Fran Quinn both spoke in favor of granting the variance after hearing Mr. Ziemann confirm the hours of operation. Bill Fielding spoke to say he was in favor of granting the Ziemann’s the variance. He states that the business would promote additional business and employment for the area and would be an improvement to the community.

Mfr. Welker asked if there was any correspondence for this area variance. The Zoning Board of Appeals Secretary replied there was. A letter was read from the Fulton County Planning Board and it states that they have reviewed the Ziemann application and at this time they could not reach a consensus and therefore will be offering no recommendation concerning the proposed action. A document was also read from the law firm of Gilberti Stinziano Heintz & Smith P.C. They are representing Edward and Nancy Kelly who are nearby property owners. The document states that the Kelly’s are opposed to the Town of Caroga granting the area and use variance for numerous reasons. The part of the document that pertains to the area variance was read verbally by the Zoning Board of Appeals Secretary. Each reason is explained in detail and a copy of the document is included for viewing in detail.

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.

Discussion - Mr. Welker states that -

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 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 asked for a motion for voting on this application. Doug Purcell made the motion to approve the area variance for Application Z2009-06 and Bob 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

Doug Purcell - yes

Bob Kane - yes

Mr. Welker advised the Ziemann’s that application Z2009-6 for a area 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 will be advised to contact the Code Enforcement Officer for the APA’s decision.

Mr. Welker states the Zoning Board of Appeals was back in public session at 7:40PM to here application Z2009-6 for the use variance.

Mr. Welker again asked Mr. Ziemann to explain what he wanted to do. Mr. Ziemann states that he intends to use the proposed 35 x 35 foot building as a small general store and supply it to service the area boaters, fishermen and carry a basic supply of groceries. He plans on doing this seasonally for three (3) months of the year. Later, if business growth allows, he will consider keeping the general store open twelve months to service the year round residents of the community. Doug Purcell questioned Mr. Ziemann’s future plans for the use of the property. Mr. Ziemann explained he is calling the future plans Phase 2. This phase will be bases on the potential growth of business demand. This was not originally includes in the application. Mike Heberer explained that Mr. Ziemann must apply for an application for his plans and including it now will make the process easier for his future plans. Jim Selsmer and Bill Fielding both spoke up to say that this would be a good thing for the community and would encourage business growth for the area and would be and step to increase employment for the area. Ed Kelly questioned how many dock would be allowed and how many boats would be allowed to dock. Mr. Welker explained that as long as the docks were under 100sq ft each it was not an issue to be dealt with by the Zoning Board of Appeals. He also explained that docks and the number of boats, as long as they did not interfere with channel traffic is an for that the Department of Environmental Conservation deals with. Phyllis Simone spoke up to say that as long as the hours of operation that Mr. Ziemann stated would be from 8am to 8pm she has no problem with allowing the use variance.

With no other comments or question Mr. Welker closed the public session of the hearing at 745pm.

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

Ken Coirin states that the property is presently used as a boat storage yard. He asked Mr. Ziemann if there is any sale of goods at this property. Mr. Ziemann stated no but there was a vending machine that people can use for purchasing soda. He states that presently only fisherman use the site and that the busiest part of the season has not begun for this area. Frank Malagisi states, and Doug Purcell agreed that there is a concern for the increase in vehicle and foot traffic. Mr. Ziemann states that there is sufficient parking for additional business and plenty of room for vehicles and boats to enter and exit the property.

Mr. Welker then stated to the board members that they will now review the four criteria’s for the use variance for the application 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.

All board members replied that they couldn’t say at this time.

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.

Frank Malagisi states that it is not unique and there is a hardship with the store and all board members agreed.

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

Mr. Malagisi states that he thinks it has and Mr. Coirin agreed.

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

Mr. Malagisi states that he believes that there will be a change. Ken Coirin agreed with that statement and the board members all agreed.

Mr. Welker asked for a motion for voting on this application. Bob Kane made the motion to vote to approve Application Z2009-06 . After a moment of consideration Doug Purcell 2^nd the motion in order to continue without any delay.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would approve the use variance and a no vote would deny the use variance.

The voting results are as follows;

Pete Welker - no

Ken Coirin – no

Frank Malagisi – no

Doug Purcell - no

Bob Kane - yes

Mr. Welker advised the Ziemann’s that their application Z2009-6 for a use 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.

The applicants asked what they must do to appeal this decision. Mr. Welker advised for them to wait until the APA responds. They can at that point contact Code Enforcement Officer Mike Heberer as to directions for the appealing process.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:55-PM. Mr. Purcell made the motion and Mr. Coirin 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary