Zoning Board of Appeals November 11, 2010 Minutes

Chairman Pete Welker opened the public session of 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

Others in attendance: Tim Best and Rick Zierack

Mr. Welker advised the Town of Caroga Zoning Board of Appeals was in public session at 7:00PM

Chairman Pete Welker asked if there are any additions or corrections of the previous hearing minutes. The present board members replied there were none. Mr. Welker asked for a motion to be made to waive reading and to accept the minutes as written. Ken Coirin made the motion and Doug Purcell 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 application Z2010-06 that was tabled on October 14, 2010. The hearings are two part hearings. The first part is a public session to hear the applicants and the public to speak about the application. The second part is an open session when the board discusses the application.

Mr. Welker asked for a motion to re-open the application. Ken Coirin made the motion and Doug Purcell 2^nd the motion. The Zoning Board of Appeals will 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.

Tim Best and Rick Zierack were present to represent the applicants. Tim Best explained that they are helping to build the addition for the Mullers. The addition is being built to include a bedroom and bathroom on the first floor of the structure. Presently the bedrooms and full bathroom are located on the second floor and for medical reasons a bedroom and bathroom are needed on the first floor of the structure. The proposed addition will include expanding a small half bath into a full bathroom and economically is more practical to tie into the present plumbing. The proposed addition will be able to accommodate a wheelchair. Mr. Welker asked why the addition could not be built to the north side of the structure where a variance would not be needed. Tim Best explained that the plumbing and septic lines are the issue. The Zoning Board members replied that this answered their question that there was not reasonable alternative which was the main reason the application was tabled on October 14^th. Bob Kane states that the variance should be allowed for medical reasons. With no other questions and no correspondence, Mr. Welker closed the public part of the hearing at 7:07and went into open session.

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

Mr. Welker asked if any of the Zoning Board of Appeals members has any other questions. The members replied they were satisfied with the information presented to them.

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

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.

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.

The board members all agreed that a reasonable alternative was not possible and all the board members agreed and replied no.

3. Whether the requested area variance is substantial.

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.

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. Kane made the motion to grant the application 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

Bob Kane - yes

Mr. Welker advised that application Z2010-06 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 that Janice Corr that she is resigning as Zoning Board Alternate for personal business reasons. The Zoning Board of Appeals will begin searching for a replacement.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:12PM. Mr. Coirin made the motion and Mr. Purcell 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary