Zoning Board of Appeals October 27, 2009 Minutes

Chairman Pete Welker opened the meeting at 7:00pm. Members of the Zoning Board of Appeals in attendance by role call were:

Chairman – Pete Welker - present

Vice Chairman – Ken Corin - present

Frank Malagisi – present

Doug Purcell – absent

Robert Kane – absent

Alternate Member - Janice Corr – present

Others in attendance: Chris Quenelle, Kristina Quenelle, Mike Manning, Sue Cridland, Brian Cridland and Jim Selmser.

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 Frank Malagisi 2^nd the motion. All Zoning Board members agreed.

Mr. Welker advised that the Town of Caroga Board of Appeals was meeting to hear zoning variance applications. The hearings are done in two parts. 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.

Chairman Pete Welker reopened the public session of the Zoning Board of Appeals to hear application Number Z2009-10 by Kristina R Quenelle of PO Box 734 Caroga Lake NY 12032. 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 of said code. Front yard setbacks are at issue. In a LF 2.5 zoning district and Article 7 7.021 (2) of said code as the setback of all principal buildings and accessory structures in excess of 100 sq ft, other then docks and boathouses, from the mean high-water mark shall be 75 feet in lakefront Residential 2.5 acres. Shoreline and roadside (front yard) setbacks are at issue.

Owner desires to: Construct a garage which will be attached to an existing non-conforming structure.

Mr. Welker asked if there was anyone to speak for the application. Chris Quenelle spoke to say that he would give a brief description. He stated that he and his wife previously requested a variance to build a garage, which have been located on the opposite side of the road from their residence, on Application Z2009-02, which was approved for the variance. During the digging phase to build the garage they uncovered granite bedrock. Mike Manning, who is the contractor for building the garage spoke to say that it was determined that the only way to continue by blasting the bedrock but it could result in damage to the well that supplied the water and possible erosion and run off to the area surrounding the proposed site of the garage. They decided not to risk these results and made the decision to move the garage across the road and attach to their residence. Sue Cridland spoke to say the as a neighbor of the Quenelle’s she and her husband Brian had no objection to the proposed garage. Jim Selmser, who is the Town of Caroga Supervisor, spoke to say that he had concerns with location of the proposed garage and right of way issues for the town road. He requested a clarification of the measurements. It was determined that the Town has a right of way of 25 feet that is measured from the center of the road. He also stated that, with speaking with the Town of Caroga Attorney, if the proposed location of the garage is a right of way issue for the town road, it was recommended that the garage should not be built in the proposed location. Chris Quenelle spoke to say that they were granted the variance of 10 feet on their previous application Z2009-02 to build the garage across the road. Ken Coirin spoke to say when the Quenelles were granted the previous the right of way was not an issue. Chris Quenelle stated that the Town of Caroga Highway crew recently completed working on the road and it was wider now then it was previously.

With no other comments Mr. Welker closed the public session of the hearing at 7:07pm and went into open session for discussion.

Role call was taken with the results as previously recorded.

Janice Corr asked how wide the road is now and what was the exact measurement to the Quenelles residence. Pete Welker stated that He, Town of Caroga Code Enforcement Office Mike Heberer and Town Of Caroga Highway Superintendent Joseph Insogna did the measurements and it was determined that it was 33 ½ feet from the center of the road to the Quenelles residence. Deducting the 25’ right of way for the town only leaves 8 ½’ of area for the Quenelles to build a proposed garage that is 24’. Chris Quenelle spoke to say that on their previous application Z2009-02 they were given a 10’ variance. He questions the measurements to determine the right of way and why the right of way regulations were never mentioned before. Jim Selmser spoke to say that the town has always had a right of way and it should have been part of the information on previous application determination.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2009-10 that are from the Town of Caroga Zoning Ordinance

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.

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.

Ken Coirin states that even if the size of the garage was made smaller that they would still need a variance and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

All board members replied yes.

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 board members replied yes.

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. Mr. Malagisi made the motion to deny the variance for application Z2009-10 according to the measurements provided by the town 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 – yes

Janice Corr - yes

Mr. Welker advised the Quenelles that their application Z2009-10 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. The applicants will be advised to contact the Code Enforcement Officer for the APA’s decision.

Mrs. Quenelle asked if she was allowed to speak to express her concerns. With her request granted, she stated that her concerns were that back in March when they first applied for a variance to build the garage, and they were granted a 10’ variance, why was nothing stated about the right of way issues then or now for this application to move the location of the garage. She does not understand why from March to the present before the right of way issue was a factor and why they were never told about it. She also stated that she appreciates the boards time needed to determine applications. She went on to state that she is concerned with the time it took for the measurements to be made to determine the right of way and questions how the measurements were determined because of recent road work completed.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:25PM. Mr. Coirin made the motion and Mr. Malagisi2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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