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Zoning Board of Appeals July 21, 2011 Minutes

Zoning Board 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 – present

Others in attendance: Waslyl and Maryann Matheychk, Bill Taylor, Frank Caruso, Howard Sherman and Dick Wood.

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 Pete 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 the public 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 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. Note – this application was originally scheduled to be heard 6-21-11 and was tabled due to no quorum.

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

Zoning Board of Appeals member Doug Purcell stated that he is exempting himself from the hearing of Application Z2011-02 due to being a near neighbor of the applicant.

Mr. Welker asked Mr. Taylor to explain what he wanted to do. Mr. Taylor explained that he wanted to add a 20” x 12” addition to be used as a garage. The addition will make it more convenient for winter use and snow removal and will eventually have a bedroom on the 2^nd floor of the garage. The proposed addition will be on a cement slab. Mr. Taylor also states that he wants to build a 12’ X 12’ garden shed for storage which will also be on a cement slab.

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

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 with Doug Purcell exempted from any discussion.

Mr. Welker asked the board members if they had and comments. Frank Malagisi asked Mr. Taylor about the septic system. Mr. Taylor explained that he has a 1000 gal system that leeches to the wooded area. Frank Malagisi stated he had a concern with the addition being close to the septic system. Regulations state that the septic system must be at least twenty (20) ft from a structure and with the proposed addition it would be approx two (2) ft away. Frank Malagisi asked about the wood walkways already located on the property and if they were included in the coverage. Mr. Taylor stated that he did not include them in the measurements. Pete Welker stated that the proposed additional is 400 feet coverage plus the 120 sq ft of the proposed garden shed is over the 10% of coverage allowed with a variance. Mr. Welker also stated that the proposed location of the garden shed would only be a six (6) foot setback from the property line.

Mr. Welker 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. Welker stated to the board members that they will review the five criteria for application Z2011-02 for an area variance that are from the Town of Caroga Zoning Ordinance

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.

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.

Frank Malagisi stated that there would be no changes and all 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 that the way the application was presented there was no other feasible means and replied no.

3. Whether the requested area variance is substantial.

All board members replied yes.

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

Frank Malagisi replied that there would be environmental issues with septic systems location with the proposed addition and all board members replied and agreed yes.

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 deny the application and Mr. Kane 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 - no

Ken Coirin - no

Frank Malagisi – no

Robert Kane - no

Mr. Welker advised Mr. Taylor that his application Z2011-02 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 advised the Town of Caroga Zoning Board of Appeals is back in Public Session at 7: 15 pm to hear Application Number Z2011-04 by Frank Caruso and Denise Karsten of PO Box 104 Lafayette, NY 13048 of the property located at 367 East Stoner Lake Caroga Lake NY 12032 and identified as Parcel # 12.19-3-2 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 located in RT-10 of said code.

Owner desires to construct a Single Family Dwelling. Lot Coverage, Shoreline, Side Yard and Front Yard Setbacks are at issue.

Mr. Welker asked Mr. Caruso to explain what he wanted to do. Mr. Caruso explained that he wanted remove the original structure and replace it with a new single family dwelling that will be 28’ x 30’. The proposed structure will also have a 2^nd story. It will be built on the original foot print with no increase in coverage. Mr. Welker asked if the proposed structure will be built on the original footprint and Mr. Taylor confirmed that it would be. Mr. Caruso presented to the board members he plans showing the location of the proposed structure and also included his future plans to build a garage, 2 decks and replace pilings in front of the camp to prevent eroding. Frank Malagisi asked Mr. Taylor to pin point the exact location of the present septic system.

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

With no other questions, Mr. Welker closed the public part of the meeting at 7:21PM and went into open session.

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

Mr. Welker stated that the application is for only for the proposed structure but expressed concern about the proposed location of the garage and setback from the road may be an issue. Mr. Caruso stated that the road is a private road and should not be an issue. Frank Malagisi expressed concern over one of the proposed decks stating that it will be located closer to the lake front and setbacks become an issue. The board members explained to Mr. Taylor that he plans for replacing the piling to prevent erosion and deck in front of the camp is an environmental issue and that when he is ready to proceed the Department of Environmental Conservation must be contacted with his plans. Doug Purcell asked if the location of the proposed structure can be moved back eight (8) feet and Mr. Taylor stated that is could not. Mr. Welker stated that the application presented to the Zoning Board of Appeals is for the structure only and that is what the board members would be voting on.

Mr. Welker 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. Welker stated to the board members that they will review the five criteria for application Z2011-04 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 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.

Ken Coirin stated that a variance would be needed and all the board members agreed and replied no.

3. Whether the requested area variance is substantial.

Ken Coirin stated that it was not substantial and all board members agreed 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.

Mr. Welker asked for a motion to vote. Mr. Coirin made the motion to grant to variance as written and presented to the board without the proposed future plans for a deck and to exclude the waterfront plans and Mr. Purcell 2^nd the motion.

Mr. Malagisi 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

Ken Coirin - yes

Frank Malagisi – yes

Doug Purcell – yes

Robert Kane - yes

Mr. Welker advised Mr.Taylor that his application Z2011-04 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 applicant was advised to contact the Code Enforcement Officer for the APA’s decision.

Zoning Board of Appeals went back into public session at 7:33PM. Chairman Peter Welker stated that he is exempting himself from the hearing of Application Z2011-05 due to discussions he has had with Howard Sherman who representing the applicant and being a near neighbor of the applicant. Zoning Board of Appeals Vice Chairman Ken Coirin will be in charge to this hearing.

Mr. Coirin advised the Town of Caroga Zoning Board of Appeals is back in Public Session at 7: 33PM to hear Application Number Z2011-05 by Sharon MacCoy-Egert of 9248 Talway Crile Boynton Beach FL 33472 c/o Box 113 Caroga Lake, NY of the property located at 332 South Shore Rd East Caroga Lake NY 12032 and identified as Parcel # 83.14-1-26.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 located in LF-2.5 of said code.

Owner desires to construct a Garage. Shoreline, Side Yard and Front Yard Setbacks are at issue.

Mr. Coirin asked if there was anyone to speak for the application. Howard Sherman states he is representing Ms. MacCoy-Egert and will speak for her. Mr. Sherman explained that the applicant wished to build a garage on her property. The location of the garage was determined by the location of trees in the area and not wanting to remove them. The owner also owns property across the road but it is a wet area.

Mr. Coirin asked if there was a public comment. Mrs. Matheychk spoke up for her and her husband to say she has an issue with the proposed garage. She is a neighbor to the applicant and the proposed garage would be two (2) feet from their property line and is also concerned with it blocking any view it would have from her windows. Mr. Sherman was asked if it was possible to make the proposed garage smaller. Mr. Sherman stated that it was not possible because of the location and the trees.

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

With no other questions, Mr. Coirin closed the public part of the meeting at 7:40PM and went into open session.

Roll call was taken with the same results as previously recorded with the exemption of Pete Welker as previously recorded.

Ken Coirin asked if the proposed garage could be moved at least three (3) feet from the Matheychk’s property line as a compromise and Mr. Sherman stated that could not be accomplished without taking down at least one tree and that is what the applicant was avoiding.

Frank Malagisi and Bob Kane asked if it can be considered building the garage across the road. Mr. Sherman stated that the area is classified as a wetland and not usable.

Ken Coirin asked Mrs. Matheychk and her husband how far from the property line would be willing to consider as a compromise and they replied at the least six (6) feet away from their property line. Frank Malagisi stated that he did not see a reasonable alternative for the garage to be built, that he has a concern with the garage being built close to the road and being built to close to the property line of the Matheychk’s to in order to save a tree.

Mr. Coirin 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. Coirin stated to the board members that they will review the five criteria for application Z2011-05 for an area variance that are from the Town of Caroga Zoning Ordinance

Mr. Coirin 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.

All board members agreed there was a concern 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.

Ken Coirin and Doug Purcell stated that it does and all the board members agreed and replied yes.

3. Whether the requested area variance is substantial.

All board members agreed and replied 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 that it is a physical not environmental change and agreed no.

All board members replied and agreed no.

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

Mr. Coirin 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;

Ken Coirin - no

Frank Malagisi – no

Doug Purcell – no

Robert Kane - no

Mr. Coirin advised Mr. Sherman that application Z2011-05 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. Sherman asked what else needed to be done. The board members advised him that the removal of a tree was a reasonable alternative but that the applicant must make the decision and reapply her application.

Mr. Coirin asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:54PM. Mr. Purcell made the motion and Mr. Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary