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Zoning Board of Appeals October 14, 2010 Minutes

Chairman Pete Welker opened the public session of the meeting at 7:05pm. 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

Others in attendance: Michael and Barbara Roach.

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 two (2) variance 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 an open session when the board discusses the application.

Mr. Welker advised the Town of Caroga Zoning Board of Appeals will hear Application Number Z2010-07 by Michael and Barbara Roach of 61 Valencia Rd Clifton Park, NY 12065 of the property located at 201 Garlock Rd Caroga Lake NY 12032 and identified as Parcel # 83.10-4-57.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 7 Section 7.021(2) of said code.

This project is for the Construction of a Second Story Addition – Shoreline setback is at issue as it pertains to the APA rule of no expansion of structures that are already non-conforming to this setback.

Mr. Welker asked the Roach’s to explain what they wanted to do. Mr. Roach explained that he wanted to add an 8’ roof expansion on the second floor over an existing shed roof. The lot and structure is already non-conforming. There would be no additional lot coverage. The issue is that APA’s non-expansion zoning code. There would not be any additional height added to the structure.

Mr. Welker asked the present board members if they had any other questions or comments. The present board members replied they had no other questions.

Mr. Welker asked if there was any correspondence for this application and the secretary replied no.

With no other questions, Mr. Welker closed the public part of the meeting at 7:05PM and went into open session.

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

Mr. Welker asked the board members if they had and comments. The board members replied that had no other comments and understood what the Roach’s wanted to do.

Mr. Welker advised that the Zoning Board Appeals, in granting use 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 review the five criteria for application Z2010-07 for an area variance 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 the board members agreed and 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 the board members agreed and replied no.

3. Whether the requested area variance is substantial.

All board members agreed not an issue 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.

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. Malagisi made the motion to approve the variance as written for adding an 8’ roof extension over an existing shed roof 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

Ken Coirin - yes

Doug Purcell - yes

Mr. Welker advised the Roach’s that their application Z2010-07 for a variance was granted 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 the Town of Caroga Zoning Board of Appeals was back in public session at 7:08PM and will now hear Application Number Z2010-06 by Jeffery and Eileen Muller of PO Box 294 Caroga Lake, NY 12032 of the property located at 110 Webster Rd Caroga Lake, NY 12032 and identified as Parcel # 52.14-2-21 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.

This project is for the Construction of an Addition – side-yard setback is at issue.

With no one present to speak for the application and no correspondence Mr. Welker closed the public part of the hearing and went into open session.

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

The board members reviewed the plans submitted with the application. Pete Welker explained that the 14’ x 28’ addition is being added on for medical reasons and will include a bedroom and bathroom. The applicants need a 12’ for one corner of the property. The board members questioned whether there was an alternative place for the addition. The plans included with the application were not clear as to whether this was possible.

With no other comments Mr. Welker stated to the board members that they will review the five criteria for application Z2010-06 for an area variance 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 the board members agreed and 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.

Doug Purcell replied it might be. Ken Coirin states that it could be a sticking point since there appears to be an alternative and all the board members agreed and replied yes.

3. Whether the requested area variance is substantial.

Ken Coirin states that he did not think so and All board members 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.

Doug Purcell states no and all board members replied and agreed no.

Mr. Welker asked for a motion to vote. Mr. Malagisi made the motion to table the application until more information can be provided for a possible alternative for the addition. Ken Coirin agreed and Doug Purcell 2^nd the motion.

Mr. Welker stated that the Zoning Board of Appeals would now vote. A yes vote would table the variance and a no vote would deny the variance.

The voting results are as follows;

Pete Welker - yes

Frank Malagisi – yes

Ken Coirin - yes

Doug Purcell - yes

Mr. Welker states that the Zoning Board of Appeals voted to table application Z2010-06 until further information could be provided.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:25PM. Mr. Purcell made the motion and Mr. Kane 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary