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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 – absent
Frank Malagisi – present
Doug Purcell – absent
Robert Kane – present
Others in attendance: Paul and Linda Fithian and Ginger Bruce
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. Frank Malagisi made the motion and Bob Kane 2nd 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 Z2011-06 by David Briot of PO Box 285 Caroga Lake, NY 12032 of the property located at 2199 Stater Hwy 10 Caroga Lake NY 12032 and identified as Parcel # 83.10-2-13.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in RT of said code. Side yard setback are at issue.
Owners desire to construct a Woodshed.
Mr. Welker asked Ginger Bruce who is speaking for the applicant David Briot to explain what he wanted to do. Ms. Bruce explained that the applicant wanted to construct a woodshed for the storage of firewood next to his residence. The woodshed would be located is next to the driveway he uses to bring in logs. Frank Malagisi asked about the trees that are cut down along the property line and if there are survey markers indicating where the property line was located. Ms. Bruce replied that Mr. Briot took down the trees and he knows where the property line is. She also stated that the neighbors are in have no problem with the wood shed location. The location of the woodshed is the most convenient for bringing in wood.
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.
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 Z2011-06 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.
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.
Frank Malagisi replied that the woodshed location was not an issue and all the board members agreed no.
3. Whether the requested area variance is substantial.
All board members 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 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 approve the application and Mr. Malagisi 2nd 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
Robert Kane - yes
Mr. Welker advised Ms. Bruce that application by Z2011-06 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 applicant was advised to contact the Code Enforcement Officer for the APA’s decision. Note – Town of Caroga Code Enforcement Officer Mike Heberer advised that the application does not need to go to the APA as the variance is in a RT zoning district.
Mr. Welker advised the Town of Caroga Zoning Board of Appeals is back in Public Session at 7: 11 pm to hear Application Number Z2011-07 by Paul Fithian of 53 Fifth Ave Newburgh, NY 12550 of the property located at 120 Mac Ave Caroga Lake NY 12032 and identified as Parcel # 83.15-6-16 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 Garage. Side Yard and Rear Yard Setbacks are at issue.
Mr. Welker asked Mr. Fithian to explain what he wanted to do. Mr. Fithian explained that he wanted to remove two (2) existing structures that is the garage with attached outhouse and woodshed and construct a new garage. Pete Welker asked Mr. Fithian to pinpoint the exact location of the garage in reference to the property map presented to clarify the setback. Mr. Fithian showed the board members that the garage location would be set fourteen (14) feet from the property line on the right side of the garage.
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 7:11PM and went into open session.
Roll call was taken with the same results as previously recorded.
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 Z2011-07 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.
Pete Welker stated that the garage will be an enhancement to the property 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 Board members agreed and replied no.
3. Whether the requested area variance is substantial.
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.
Frank Malagisi stated that the garage will be an improvement to the neighborhood and 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 grant to variance as written and Mr. Kane 2nd 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
Robert Kane - yes
Mr. Welker advised Mr. Fithian that his application Z2011-07 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 applicant was advised to contact the Code Enforcement Officer for the APA’s decision. Note – Town of Caroga Code Enforcement Officer Mike Heberer advised that the application does not need to go to the APA as the variance is located in a RT zoning district.
Mr. Welker asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:16PM. Mr. Malagisi made the motion and Mr. Kane 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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