Zoning Board of Appeals August 17, 2010 Minutes

Chairman Pete Welker opened the meeting at 7:06pm. 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 – absent

Robert Kane – present

Alternate Janice Corr - present

Others in attendance: Wellington & Helen Vandewalker

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. Frank Malagisi made the motion and Robert Kane 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 a variance application. 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.

Chairman Pete Welker advised that the Town of Caroga Zoning Board of Appeals Hearing was in public session at 7:00PM 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 asked the Vandewalker’s if they had and comments. Helen Vandewalker states that they wanted to add a 10’ x 12’ addition to the dock to allow for room for a 18’ pontoon boat she is purchasing. The additional dock will allow easier access and docking for her husband and herself due to medical conditions. Bob Kane commented that as a pontoon boat owner and experience with docking one that she should not need 24’ of dock. Mrs. Vandewalker states that she did not see a problem with the additional dock area due to the fact that neighboring waterfront owners have docks similar to the same size. The existing 10 x 12 dock has been removed and ready to be replaced along with the request for the additional 10 x 12 dock. Frank Malagisi stated that he realized that there was a medical hardship and suggested that they make a two(2) part hearing to vote on the replacement dock then vote on the request for the expansion of the additional dock. Pete Welker and Alternate Janice Corr both agreed that this could be done if necessary. Bob Kane states that he believes that the 10’ x 12’ is enough space. Helen Vandewalker explained that the states that the additional docking would be two long catwalks to make the additional docking space easier to maneuver straight into because of trees by the shoreline. Pete Welker asked Mrs. Vandewalker to clarify the deck location and size since what she was describing was not what was included in the variance request. Mrs. Vandewalker reviewed the property and water front area where the existing dock was located and where she planned on putting the expansion. She described the dock expansion as 2 cat walks that could go along each side of the pontoon boat to make easier access. Mr. Welker confirmed that what was being explained by Mrs. Vandewalker was that the additional dock requested would go further out into the water then was described in the variance request. Mrs. Vandewalker states that she is not a contractor but that is what she was hoping to do. Mr. Welker again commented that this is not what the variance is requesting.

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 7:15PM and went into open 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 all agreed that what Mrs. Vandewalker explained what she wanted to do is not what is described in the variance request. The present board members replied they had no other choice but to deny the variance. All the board had no further comment or 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 Z2010-03 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.

Janice Corr states that this would set an precedence if approved for other variance requests and all board members 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 that they do not know since they were presented with plans that were not as described in the variance request and all replied yes.

3. Whether the requested area variance is substantial.

All board members replied the variance request doubles the size of the dock and responded yes.

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

Janice Corr questioned the physical impact and 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 yes.

Mr. Welker asked for a motion to vote. Mr. Malagisi made the motion to deny the variance as written 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

Bob Kane – yes

Janice Corr - yes

The applicants were advised that their application Z2010-03 for a variance was denied by the Town of Caroga and upon receipt of the paperwork, the APA for their review and final decision.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:30PM. Mr. Malagisi made the motion and Ms. Corr 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary