Home Calendar Departments Directory Gallery Documents History

ZBA home About Notices Applications Decisions APA Letters Resources

Zoning Board of Appeals April 22, 2010 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 Coirin - absent

Frank Malagisi – present

Doug Purcell – present

Robert Kane – present

Alternate Member - Janice Corr – present

Others in attendance: John Fenzl, Barb Donnelly, Bruce Snyder, Jeff Snyder and Floyd Snyder.

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. Doug Purcell 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 Z2010-01 by Bruce and Susan Snyder of 430 Hawthorne Drive Vernon, NY 13476. Of the property located at 129 Avery Rd Caroga Lake, NY 12032 and identified as Parcel # 83.10-5-15.1. For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 RT which sets the side yard set back at 20’, front yard set back is set at 25’ and rear yard set back is set at 20” and maximum lot coverage is 25% and Article 7 Section 7.021(2) which reads the minimum set back of all principal buildings and accessory structures in excess of 100 square feet other then docks and boathouses, from the mean high water mark shall be 50 feet in Resort areas of said code.

Owner desires to: Construct a camp, shed and deck and will need a triple variance, as there are shoreline setback issues for each proposed structure.

Mr. Welker asked if there was anyone to speak for the application. Bruce Snyder spoke to say that they planned remove the existing structure and rebuild a new proposed structure. They plan on building as close as possible within the within the original footprint which includes an existing cement pad. Plans are to remove the existing shed with a smaller shed and rotate it which will move the further from the water. The proposed structures will be no closer to the water the existing structures other than a section that he plans to square off the existing structure. Ms. Corr asked Mr. Snyder that the only the section that would be closer to the shoreline is the section which will be squared off. Mr. Snyder confirmed that adding approx 2 feet in width to that section of the proposed new structure is practical for building a new structure. It is that section only that will be 2 feet closer to the shoreline. Mr. Welker clarified that the existing porch and cement pad are part of, and included in the new proposed structure. Mr. Snyder advised that he included the proposed deck in front of the camp so that all the variance issues could be reviewed and decided on in one application. Mr. Purcell clarified that the proposed deck will have a 5 to 6 foot drop off where it ends. Mr. Malagisi questioned the location of the proposed deck as to whether it was going to be located over any water and the possibility of erosions under the proposed deck. Mr. Snyder confirmed that it would all be located over land, built over rock and will include existing cement steps that go down to the shoreline. Mr. Snyder advised that some trees will need to be cut down for the proposed construction but are within the allowable shoreline cutback restrictions. Some re-grading will be done where the trees are removed. Mr. Purcell asked if there will need to be any re-grading done under the shed. Mr. Snyder replied that will need to be some re-grading but as minimal as possible under the existing shed.

Mr. Welker asked if there were any comments from the public. Barb Donnelly spoke to say that she was in favor of the new proposed structure and had no issues with what the Snyder’s are proposing. When questioned about the septic system Mr. Snyder stated that there is a holding system now and eventually plans are to replace it and he is working with an engineer. Mrs. Donnelly asked about the exact location of the deck. Mr. Snyder stated that it will be located directly in front of the proposed structure completely over land. Mr. Snyder advised that he included the proposed deck in front of the camp so that all the variance issues could be reviewed and decided on in one application. Mr. Malagisi questioned the location of the proposed deck as to whether it was going to be located over any water and the possibility of erosions under the proposed deck. Mr. Snyder confirmed that it would all be located over land, built over rock in the current location of existing steps that go down to the shoreline. Mr. Purcell clarified that the proposed deck will have a 5 to 6 foot drop off where it ends.

Mr. Welker asked if there were plans for a dock. Mr. Snyder replied that they would eventually put in a floating dock. John Fenzl spoke to say that he was in favor of the Snyder’s proposed structure and would be a big asset to the area.

With no other comments from the public and no correspondence for the application, Mr. Welker closed the public session of the hearing at 7:13 pm and went into open session for discussion.

Roll call was taken with the results as previously recorded.

Bob Kane asked how close the existing structure and shed are to the water now. It was clarified that the existing camp and shed are already non-compliant. Ms. Corr states that the only change from the existing footprint is that the proposed structure where Mr. Snyder is squaring it off will be 2 feet closer to the water. Alternate Janice Corr asked if each proposed structure could be reviewed and voted on separately. Mr. Welker and the present Zoning Board members all agreed with this suggestion it was decided that the board will review the criteria and vote on each structure separately.

Mr. Welker states that the proposed structure will be built on the original footprint other then the area where it would be squared off. Ms. Corr asked Mr. Snyder if he considered building the proposed structure without the squared off area. Mr. Snyder states that it was more practical to design a squared off structure. Mr. Malagisi asked what kind of foundation was proposed. Mr. Snyder advised that he planned on putting in a full foundation since the location of the existing camp was 10 feet above water now. Mr. Welker asked if that fill would be needed to be brought in. Mr. Snyder stated that he did not think it would be needed for the foundation. The proposed structure will be 25.7 feet which is the same height of the existing structure. Mr. Welker states with no other comments that the Zoning Board will review and vote on each structure separately as agreed to.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2010-01 for the proposed structure 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 and 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.

Mr. Purcell and Mr. Malagisi both states that they did not think so and all board members replied and agreed no.

3. Whether the requested area variance is substantial.

All board members replied and 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 replied and 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 replied and agreed no.

Mr. Welker asked for a motion to vote. Mr. Purcell made the motion to approve the proposed structure only and Mr. Kane 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

Frank Malagisi – yes

Doug Purcell - yes

Bob Kane - yes

Alternate Janice Corr – yes

Mr. Welker advised Mr. Snyder that the application Z2010-01 for a variance was granted for the proposed structure 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 advised that the Zoning Board of Appeals will now review the shed.

Mr. Purcell asked Mr. Snyder if he considered moving the shed further away from the shore. Mr. Snyder states that there is no other location because of parking and the location of the septic holding system. Mr. Malagisi states that should the septic system be replaced that he could move the shed and eliminate the erosion issue. Mr. Malagisi also advised that any fill that is brought in has to be approved through DEC. Mr. Snyder advised that he was aware of that and hoped to not bring in any, or keep it minimal. Mr. Snyder stated that there may be a need to be some minor grading but hope to keep it minimal. Mr. Malagisi asked about the possibility of water erosion. Mr. Snyder replied that the existing camp and the proposed structure are located high above the water. Mr. Malagisi stated that rain water runoff can be an erosion issue. Mr. Welker states that the existing shed has been there for many years and does not see an issue. Mr. Purcell stated that in looking at the Snyder’s property there was no other location for the shed.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2010-01 for the proposed shed 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 and 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.

Doug Purcell replied that a variance would be needed even if the shed could be relocated and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

Mr. Purcell replied that Mr. Snyder made an effort to try and re-locate the shed and the board addressed the existing issue and all board members agreed and 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.

Ms. Corr states that it is replacing an existing structure and all board members agreed and replied no.

All board members agreed and replied no.

Mr. Welker asked for a motion to vote. Ms. Corr made the motion to grant the variance for proposed shed and Mr. Purcell 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

Frank Malagisi – yes

Doug Purcell - yes

Bob Kane - yes

Alternate Janice Corr - yes

Mr. Welker advised Mr. Snyder that the application Z2010-01 for a variance was granted for the proposed shed 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 advised that they will now review the proposed deck. Mr. Malagisi states he would want to see the deck flat on the ground. Ms. Corr states that she feels that there is no justification for a deck other then the Snyder’s wanting one and does not believe that it is adequate grounds for approving the variance. Ms. Corr also states there was no deck when the property was purchased by the Snyder’s. Mr. Welker advised of previous history of deck issues on other applications. Mr. Purcell states that there is a safety issue with the drop off of the deck. Mr. Malagisi suggested an alternative of using patio pavers. Mr. Welker states that it has been an issue in the past. He also states that no railing proposed is a safety issue. Mr. Snyder asked if it would make a difference it he put on a railing. Mr. Welker states that the drop off is still a safety issue. The board members confirmed that there is already existing steps and felt that no variance would be needed if the Snyder’s utilized patio pavers for the area. Mr. Snyder questioned how other decks were allowed in the area. Mr. Welker advised that most decks were replacing pre-existing decks. The steps that exist can be replaced as long as they cover the same area.

Mr. Welker then stated to the board members that they will review the five criteria for application Z2010-01 for the proposed deck 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.

Ms. Corr replied only if there is a safety issue. Mr. Purcell replied that it does not fail just on that basis and all Board members replied agreed and replied yes .

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 agreed and replied yes.

3. Whether the requested area variance is substantial.

All board members replied and agreed yes it is substantial.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Frank Malagisi stated he has a concern with erosion and all board members replied and agreed yes.

Ms. Corr replied that yes that the Snyder’s purchased the property they knew a variance would be required. All board members replied and replied yes.

Mr. Welker asked for a motion to vote. Mr. Frank Malagisi made the motion to deny the variance for the deck and Ms. Corr 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

Frank Malagisi – yes

Doug Purcell - yes

Bob Kane - yes

Alternate Janice Corr - yes

Mr. Welker advised the Snyder’s that their application for a variance was denied for the proposed deck. 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, the minutes and all correspondence 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. Snyder confirmed that nothing can be done during the 30 days while the application is being reviewed by the APA. Mr. Welker advised that the final decision is up to the APA. The Zoning Board of Appeals Secretary advised that the notice is sent out within five (5) days and that the minutes are usually completed and sent to each board member for approval before being submitted within five (5) days also.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:43PM. Mr. Purcell made the motion and Mr. Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary