Zoning Board of Appeals June 21, 2011 Minutes

Zoning Board Standing Chairman Frank Malagisi 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 - absent

Vice Chairman – Ken Coirin – absent

Frank Malagisi – present

Doug Purcell – present

Robert Kane – present

Alternate Member Christina Perkins - absent

Others in attendance: Bill Taylor, Richard Woods, Ron Dygert, Ken Jackson and Jim Selsmer

Standing Chairman Frank Malagisi asked if there are any additions or corrections of the previous hearing minutes. The present board members replied there were none. Mr. Malagisi asked for a motion to be made to waive reading and to accept the minutes as written. Doug Purcell made the motion and Robert Kane 2^nd the motion. All Zoning Board members agreed.

Standing Chairman Frank Malagisi 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 the public about the application. The second part is an open session when the board discusses the application.

Mr. Malagisi advised the Town of Caroga Zoning Board of Appeals will hear Application Number Z2011-02 by William and Susan Taylor of PO Box 938 Caroga Lake, NY 12032 of the property located at 500 S. Shore Rd East Caroga Lake NY 12032 and identified as Parcel # 83.14-1-2 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF of said code. Lot coverage Shoreline and side yard setbacks are at issue.

Owners desire to construct a 20’ x 12’ addition.

Zoning Board of Appeals member Doug Purcell excused himself from the board as a voting member due to the fact that he was a neighbor of the applicants.

Mr. Malagisi advised that with the excusal of Doug Purcell the Zoning Board of Appeals is without a quorum and asked for a motion to Table application Z2011-02. Robert Kane made the motion and Frank Malagisi 2^nd the motion.

Mr. Malagisi advised the Town of Caroga Zoning Board of Appeals is back in Public Session at 7: 03pm to hear Application Number Z2011-03 by Ronald Dygert of 198 Dygert Rd Palatine Bridge NY 13428 of the property located at 185 Garlock Rd Caroga Lake NY 12032 and identified as Parcel # 83.10-4-61 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 located in RT of said code.

Owner desires to construct a 21” x 26” deck.

Mr. Malagisi asked Mr. Dygert to explain what he wanted to do. Mr. Dygert explained that he has owned the camp for 36 years and the area in front of the camp in un-level and sloping and hard to use as a sitting area for a placing outdoor table. He would like to build a deck across the front of the camp and extending it to the water edge with an overhang to enhance the property. Ken Jackson spoke saying that he is a former owner of the Dygert camp and is speaking as a neighbor and for other neighbors. He states he and the neighbors are in favor of approving Ron Dygert application for a deck. The deck would greatly improve the appearance of the area and would be an environmental improvement.

Mr. Malagisi asked if there was any correspondence for this application and the secretary replied there was none.

With no other questions, Mr. Malagisi closed the public part of the meeting at 7:10PM and went into open session.

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

Mr. Malagisi asked the board members if they had and comments. Doug Purcell asked Mr. Dygert how much of the deck will over hang on the water. Mr. Dygert explained that the proposed deck will cantilever over the water. He also stated that none of the proposed deck will be touching the water and will cause little environmental impact of the water edge. Mr. Malagisi stated that he measured the setback of the camp and it is 16’ from the high water mark and the proposed deck would extend out over the water. My Dygert explained that his proposed deck measurements are approx. and can be scaled back if necessary. Mr. Malagisi stated that he has issues with the proposed deck because of the new APA regulations imposed a couple of years ago. Doug Purcell explained that past applications approved by the Zoning Board have been rejected by the APA due to coverage issues. Ken Jackson asked about other decks in the area that are similar to the deck proposed by Ron Dygert. Frank Malagisi explained that these decks are pre-existing decks and was already in place before the new APA regulations went into effect. Mr. Malagisi suggested that Mr. Dygert use pavers to cover the area. Mr. Dygert stated that he thought about that but was concerned with frost heaving and it would take a lot of excavating to level the ground to place the pavers. The board members had no other recommendations to make to Mr. Dygert. Bob Kane and Doug Purcell both stated that they were not in favor of allowing the proposed deck.

Mr. Malagisi asked if the board members had any other comments or questions. The board members replied that had no other comments and understood what the applicant wanted to do.

With no other comments Mr. Malagisi stated to the board members that they will review the five criteria for application Z2011-03 for an area variance that are from the Town of Caroga Zoning Ordinance

Mr. Malagisi 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.

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.

Doug Purcell stated that it does not and all the board members agreed and 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 the board members agreed there are other options and replied yes.

3. Whether the requested area variance is substantial.

Doug Purcell and Frank Malagisi stated that it was substantial and all board members agreed yes.

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. Malagisi asked for a motion to vote. Mr. Purcell made the motion to deny the application and Mr. Kane 2^nd the motion.

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

The voting results are as follows;

Frank Malagisi – yes

Doug Purcell – yes

Robert Kane - yes

Mr. Malagisi advised Mr. Dygert that his application Z2011-03 for a variance was denied 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 applicant was advised to contact the Code Enforcement Officer for the APA’s decision.

Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:22PM. Mr. Purcell made the motion and Mr. Kane 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary