Zoning Board of Appeals July 2, 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 - absent

Frank Malagisi – absent

Doug Purcell – present

Robert Kane – present

Others in attendance: Bill and Dorothy Fielding, George Cosselman, Lisa Sutherland, Chad Stumpf, Katie Sutherland, Cindy Stumpf, Eric Stumpf, Joan Vanberocklin, David Nnorr, Frederick H. Stumpf

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. Bob Kane 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 hear two (2) applications. The hearings are two part hearings. The first part is a public session to hear 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 hear Application Z2009-07 by Eric & Cindy Stumpf of 120 Three Sons Lane Caroga Lake, NY 12032. Of the property located at 120 Three Sons Lane Caroga Lake, NY 12032 and identified as Parcel # 38.1-22.2 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 ODA 42 of said code which does not allow for agricultural uses by right or site plan review.

Owner desires to: Construct a Horse Barn.

Mr. Welker asked if there was anyone present to speak for this application. Eric Stumpf spoke to say he wanted to construct a 20 x 20 horse barn with stalls to house two (2) horses. There will also be a tack room and will have a sand floor. Bill Fielding spoke up to say that he has no objection to the horse barn. It will be on property that neighbors his boat storage barn and will have no impact to his property. He also states that the horses and barn will be located away from any well and should have no negative impact. There was a horse barn previously located within the area owned by Larry Greene and that had no negative impact on the area. He states that he knows the Stumpf’s and knows from experience, personally and as employees, and that their ethics would see that the property and horses would always be well maintained. He encourages the Zoning Board members to grant the variance as encouragement to a young couple who wish to remain in the area, build a new home and potentially raise a family. The horses would be reflected as a recreational factor for the area, which encourages its recreational attraction for tourism. It is important for community direction and a better outlook for young families to remain here.

George Cosselman spoke to say that by granting the variance it would encourage a young family to remain in the area and continue to help the community growth.

Frederick Stumpf spoke up to say that he has known horses to be in this area many years ago and that having horses now is good for the area.

Mr. Welker asked if there were any correspondence for this application. The Zoning Board of Appeals Secretary replied there was two (2) letters of correspondence. A letter from Barbara Deluca was read and she states she has no objection to the Zoning Board of Appeals granting the variance that allows the Stumpf’s to build a horse barn and have horses. Another letter was read from Thomas and Joan Eckler and they state as owners of Pine Lake Lodge located on neighboring property that they have no objection to granting the variance allowing the Stumpfs to build a horse barn for horses. Both copies of letters were submitted at the hearing and will be included with the minutes.

Mr. Welker asked if the board members had any other questions for Stumpfs. The board members replied that they were satisfied with the information presented. Mr. Welker closed the public part of the hearing at 7:10PM and went into open session.

Roll call was taken with the results as previously recorded.

Mr. Welker asked the board members if they had anything to add or ask. Mr. Purcell and Mr. Kane both stated they had enough 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 now review the five criteria for application Z2009-07 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 agreed 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 Z2009-07. Mr. Kane made the motion to approve the application as submitted and Mr. Purcell 2^nd the motion. Mr. Welker stated that he wanted to include a stipulation that should the Stumps sell the property in the future that they would write a disclosure of the property use, maintained a maximum of two (2) horses and sign a waiver that would state that the property use has had no adverse effect on surrounding area well water. Mr. Kane and Mr. Purcell agreed to that stipulation for making a motion to vote.

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

Doug Purcell – yes

Robert Kane - yes

Mr. Welker states the application Z2009-07 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.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:16PM. Mr. Purcell made the motion and Mr. Kane 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary