Zoning Board of Appeals May 25, 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 - present

Frank Malagisi – present

Doug Purcell – present

Robert Kane - present

Others in attendance: Jim Selsmer, Emma, Fogel, John Fenzl, Ken Curley, Mike Heberer, John Stockli, Helen and Wellington Vandewalker, Janice Corr, Brad Jermaine and Marlene Perchtel.

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 three (3) 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 Z2010-02 by Mark and Linda Candela of 41 Petty lane Medford NY 11763 for the property located at 109 Channel Rd Caroga Lake, NY 12032 and identified as Parcel # 53.17-2-3 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in Zoning District LFB of said code. Side yard setback is at issue

Owner desires to: Construct a 10 x 12 shed

Mr. Welker advised that due to legal issues for this application, he asked for a motion to Table a decision until clarification is obtained. Frank Malagisi made the motion and Doug Purcell 2^nd the motion. All members agreed.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was back in public session at 7:03PM to hear application Number Z2010-03 by Shaun & Cynthia Edwards of 450 Old Orchard Circle Millersville MD 21108 for the property located at 322 W Lake Rd Caroga Lake, NY 12032 and identified as Parcel # 52.9-1-12 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF 2.5 Zoning District said code. Shoreline setback is at issue.

Owner desires to: Enlarge existing 10’ x 12’ dock by adding another 10’ x 12’ section.

Mr. Welker advised that due to legal issues for this application, the Town of Caroga Zoning Board of Appeals asked for a motion to Table a decision until clarification is obtained. Frank Malagisi made the motion and Bob Kane 2^nd the motion. All members agreed.

Mr. Welker advised the Town of Caroga Zoning Board of Appeals was back in open session at 7:05 PM to hear Application Number Z2010-04 by Independent Towers Holdings LLC of 11 Herbert Drive Latham NY 12110 of the property owned by the Town of Caroga and identified as Parcel # 68.1-27 For a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050. of said code. The property is located in the Conservation District.

The project is for the proposed construction of a cellular communication tower and a height variance is needed.

Mr. Welker asked the applicants to speak and explain what they wanted to do. Ken Curley and John Stockli proceeded to explain that they represents Independent Towers and their plans for a 90 foot cell tower in the Town of Caroga. He shows the board members pictures of the proposed site location for the cell tower which would be located on town owned property near the golf course. He explained the testing that was done using a balloon at the proposed site. The balloon was raised to an height of 10 feet over the proposed height of the cell tower and demonstrated how little visual impact it will have on the area and showed pictures that demonstrated how small of it visual impact the tower will have. Mr. Stockli showed a chart demonstrating the increased cell service coverage for the area. The proposed cell tower will not be visible from any of the nearby lakes. Brad Jermaine, who owns property located near the proposed cell tower, asked what the cell tower will be constructed of. Mr. Stockli stated that it will be a metal pole and of a color to blend in with the area. Mr. Jermaine stated that he is in favor of the cell tower and it is something much needed in this area. Bob Kane asked why they are not going higher with the cell tower to increase coverage. Mike Heberer explained that the APA, who has already checked the area of the proposed site would not be favorable to a tower over the proposed height of 90 feet. Pete Welker asked how, with people he knows, gets cell service on a track phone in this area. Mr. Stockli explained that track phones get some service by bouncing signals from other towers but service in not dependable and sporadic. The proposed cell tower will have one carrier service. Frank Malagisi asked if there was room to add another cell carrier service and Mr. Stockli stated that there was room to add additional cell service carriers. Brad Germaine asked if the signal could have an effect anyone. Mr. Curley explained that the signal goes straight out from the top over the tower and would not have any effects. John Fenzl asked if there would be guide wire used to stabilize the tower and would a security gate surround the area around the tower. Mr. Curley explained that the tower would be anchored at the base with a foundation that will be determined at construction phase and will not have guide wires. The tower will have a security fence only accessible by maintenance staff. Janice Corr asked it the tower will taper in width from the bottom to the top and Mr Stockli confirmed that was correct. Brad Germaine asked if the town will benefit financially with the tower. Town Supervisor Jim Selsmer stated that yes, the town will benefit along with having cell service. John Fenzl stated that he is completely in favor of the proposed cell tower. It is something that has been greatly needed in the area. The increased service that would be available out weights the concerns expressed in the pass of the visual impact which has been demonstrated as minimal. Frank Malagisi asked how far the cell service will reach. Mr. Stockli stated that it will reach pass Green Lake and as far as Pine Lake.

Mr. Welker asked if there was any correspondence for this application and the Town of Caroga Secretary for the Zoning Board of Appeals replied that there was. A letter from Mark and Doreen Ford was read stating that they were in favor of approval for the variance. Another note was read from Patricia Schine stating that she was asking why she received a letter for the variance and it was explained to her.

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 7:35PM and went into closed session.

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

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 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 then stated to the board members that they will now review the five criteria’s for the area variance for application Z2010-04 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 a motion to vote. Mr. Malagisi made the motion the grant the variance 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

Ken Coirin – yes

Doug Purcell - yes

Frank Malagisi – yes

Bob Kane - yes

The applicants were advised that their application Z2010-04 for a variance was approved by the Town of Caroga and upon receipt of the paperwork, the APA for their review and final decision on the “Class A” project.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:35PM. Mr. Purcell made the motion and Mr. Coirin 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary