Zoning Board of Appeals August 27, 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 – absent

Doug Purcell – present

Robert Kane - absent

Alternate - Janice Corr - present

Others in attendance: Maryann Losee, Lori Cosselman, Tatem Cosselman, John Fenzl, John Cosselman, Michelle Cosselman, Terry Blowers, Gail Girvin and Joan Woods.

Chairman Pete Welker noted for the record that Alternate Janice Corr is present on the Zoning Board of Appeals in the absence of members Frank Malagisi and Robert Kane.

Chairman Pete 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. Doug Purcell made the motion and Ken Coirin 2^nd the motion. All Zoning Board members agreed.

Chairman 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.

The Town of Caroga Zoning Board of Appeals will first hear Application Number Z2009-08 by Michelle & John Cosselman Jr of 3357 Consaul Rd Schenectady, NY 12304 for the property located at 156 Alderwood Park Rd Caroga Lake, NY 12032 and identified as Parcel # 83.11-4-17 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.031 and Article 4 Section 4.050 of said code.

Owner desires to: Demo existing camp and place a doublewide Manufactured Home.

Mr. Welker asked the Cosselmans to speak and explain what they wanted to do. John Cosselman explained that he wanted to replace the existing demolished structure that was 87yrs old and in very poor structural condition with a manufactured doublewide home. He states that he presently owns three (3) lots and has started the process of combining them into one (1) lot on which the home will be placed. He states that there are existing doublewide homes located on the same road and the manufactured home he is purchasing is similar to these homes. Lori Cosselman spoke up to say that the home will permanently be placed on a cement pad and enclosed with cement blocks. They will landscape around the home so the blocks will not be seen. The Cosselmans stated they have spoken to neighbors and to their knowledge no one was opposed to their plan of the manufactured home. Terry Blowers, who is a neighboring resident, spoke to say that he does not oppose the Cosselman’s plans, that he also owns and lives in a doublewide manufactured home, his only concern was the existing septic system. Pete Welker stated that the septic system was not listed as a concern for the application and asked the Cosselman’s if they discussed the septic system with Code Enforcement Officer Mike Heberer. Mr. Cosselman stated that he had addressed the septic system and his plans are to begin the necessary paperwork to have the system replaced. Mrs. Cosselman stated that they had the septic tank pumped out a few years ago and were advised that it will eventually need to be replaced. Terry Blowers stated that this was his only concern and he was satisfied with this information.

Mr. Welker asked the present board members if they 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 7:14PM and went into closed session.

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

Mrs. Corr stated that she has a concern that the hardship is not unique and it is a common hardship shared by everyone in the zoning district. Doing research she stated that the average cost of a used doublewide ranges from $20,000 to $60,000. Ken Coirin and Doug Purcell both stated that it is not a unique hardship but it is unique for the area.

Mr. Welker stated that the cost factor of a doublewide is not a unique hardship but there are presently other doublewide home located within the same area and on the same road that the Cosselmans are proposing to locate their home. The Cosselmans presented pictures of the home they have purchased. Mr. Welker asked if they considered the additional cost of setup and hooking up of plumbing and heating. The Cosselmans replied that they have.

John Fenzl stated that the Town of Caroga Code Enforcement Officer permitted the Cosselmans to use the existing septic system and it was not a concern presently. He also stated that, as a neighboring property owner, he is not opposed the Cosselman’s application and that the removal of the existing structure and replacing it with the proposed doublewide with enhance the area and will not change its character.

Terry Blowers stated that he presently lives in a doublewide on the same road, he is not opposed to the Cosselman’s proposed doublewide, his only concern was the existing septic system. Mr. Welker replied that the Code Enforcement Officer Mike Heberer did not see this as a concern. Mr. Cosseleman stated that he is getting the necessary paperwork to install a new septic system.

Mr. Welker asked if there was any correspondence for this application. The Zoning Board secretary replied that there was a note left by the Town of Caroga Town Clerk, and signed by Tom Elmendorf expressing his concern with the present septic system. That concern has been addressed and answered.

Mr. Welker asked if they present board members had any other questions or comments. The present board members replied they had no other questions.

Mr. Welker advised that the Zoning Board Appeals, in granting a use variance, shall grant the minimum variance that it 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 four criteria’s for the use variance for the Cosselman application Z2009-08 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 agreed.

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.

Janice Corr stated that she feels that it not unique and it does not meet the criteria. Ken Coirin stated that it is unique and Doug Purcell stated that the situation is not unique but it is unique for the area of the proposed doublewide. Pete Welker agreed with this.

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

All the board members agreed no.

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

All board members agreed it will not.

Mr. Welker asked for a motion to vote. Mr. Purcell made the motion the grant 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 grant the variance and a no vote would deny the variance.

The voting results are as follows;

Pete Welker – yes

Ken Coirin – yes

Doug Purcell - yes

Alternate Janice Corr – no

The applicants were advised that their application Z2009-08 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 were advised to contact the Code Enforcement Officer for the APA’s decision before any work can begin.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was back in public session at 7:23PM to hear application Number Z2009-09 by David & Joan Woods of 24 1103 N. George St Rome, NY 13440 for the property located at 394 South Shore Rd East Caroga Lake Caroga Lake, NY 12032 and identified as Parcel # 83.14-1-5 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 said code. Shoreline and side yard setbacks are at issue.

Owner desires to: Construct a 12 x 26 Addition.

Mr. Welker asked Mrs. Woods to explain what she and husband wanted to do. Mrs. Woods explained that the shed that they used for storage was falling down and they have removed it. By adding the addition to the back of the existing structure that they would be adding an area for storage. They would be able to enlarge the size of the only bathroom within the addition. They also plan to relocate the hot water heater to inside the addition that is presently located outside the structure. Mrs. Woods stated that she has spoken to her neighbors and they are in favor of the addition.

Mr. Welker asked if there was any correspondence regarding this application. The Zoning Board Secretary replied there was none. Mr. Welker closed the public part of the meeting at 7:28PM and went into open session.

Roll call take with the same results as previously recorded.

Mr. Welker stated that the setbacks are at issue. The lakefront setback does not change, only the road setback. Mr. Welker asked Mrs. Woods about the proposed entrance to the structure. Mrs. Woods replied that the entrance to the structure would be relocated and angled at the end of the proposed addition.

Doug Purcell stated a concern with the existing structure setbacks. He advised Mrs. Woods that if the board grants the variance that their decision can be over turned and denied by the APA because of the new lakefront regulations. Mrs. Woods stated that she knew that they knew this could be a possibility.

Janice Corr asked about a shed that looks like it belongs to the Woods. Mrs. Woods stated that shed belongs to her neighbors. She explained that it is similar to her structure only because the materials used to construct the neighbors shed were materials given to the neighbors by her and her husband.

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 an area variance, shall grant the minimum variance that it 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 stated to the board members that they will now review the five criteria for application Z2009-09 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 the board members for a motion to vote. Mr. Coirin made the motion to approve the variance and Mr. Purcell 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

Doug Purcell – yes

Alternate Janice Corr - yes

The applicants were advised that their application Z2009-09 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 were advised to contact the Code Enforcement Officer for the APA’s decision before they can begin any work on the addition.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:38PM. Mr. Purcell made the motion and Mrs. Corr 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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