Zoning Board of Appeals June 24, 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 – absent

Chairman Welker stated that the purpose of this meeting was due to the tabling of two applications from the May 25th meeting. The board is required to meet within 30 days of tabling an issue.

Tonight the board will consider Application # Z2010-02 Mark Candela 41 Petty Lane Medford NY 11763 for the property located in the Town of Caroga and identified as parcel 53.17-2-3 located at 109 Channel Road Caroga Lake NY. The applicant wishes to build a shed however there is a deed restriction on schedule A of the deed which states that neither they nor their heirs or assigns, shall at any time hereafter erect, maintain or permit any mercantile or commercial business or any building other than a dwelling house, on the premises herein conveyed.

Chairman Welker states, “It appears that this is a deed restriction which does not permit building of any further buildings on this property at 109 Channel Road Caroga Lake NY. Under legal advise by the town attorney the applicant has the option of withdrawing the application or a motion can be put forward that this board will not take any action on this application until the deed restriction issue has been resolved.” The chairman then asked for any other comments.

At this point the roll was called and it was noted that no one else was in attendance at the meeting.

The board didn’t have any further discussion. Mr. Malagisi made a motion that the board would not take any further action on application Z2010-02 until the deed restriction is resolved. Mr. Purcell seconded the motion.

A roll call vote was taken.

Frank Malagisi – Yes

Doug Purcell – Yes

Ken Coirin – Yes

Mr. Welker - Yes

The motion was unanimously carried. This application will not come up again before the board.

The Board then considered application #2010-03 this is to construct a dock on West Lake to be built an additional 10 ft X 12 ft expanded to the old dock which is also 10ft x 12 ft at 322 West Lake Road Caroga Lake NY. The applicant is Shaun & Cynthia Edwards 450 Old Orchard Circle Millersville MD 21108. The footings for the new dock were already put into the water. With a ground cover or bed cover below it. The DEC has issued a summons and the summons requires that this (the material in the water) be removed at this point – June 24, 2010 the material has not been removed to the boards’ knowledge. The Department of Environmental Conservation has not responded that it would be OK to go ahead with this. The Chairman Mr. Welker stated that what needs to be done is the matter needs to be tabled once again. A motion was then asked for unless there was further discussion… hearing none. Mr. Coirin made a motion to table the issue Mr. Purcell seconded the motion. A yes vote means to table it.

A roll call vote was taken.

Frank Malagisi – Yes

Doug Purcell – Yes

Ken Coirin – Yes

Mr. Welker – Yes

There were no other matters to come before the board this evening. At 7:09 pm a motion to adjourn was made by Mr. Malagisi. All board members were in favor of the motion.

Respectfully Submitted,

Linda M. Gilbert, RMC, CMC

ZBA Clerk