Zoning Board of Appeals September 22, 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 – absent

Doug Purcell – absent

Robert Kane – present

Others in attendance: Anne Michalek, Marcus Harazin, Richard Wood, Frank Franko, Charles Kochheiser, Helen Vandelwalker, Emma Fogel and Pauline Ryan.

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 Bob Kane 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 Z2011-08 by Marcus Harazin and Ann Michalek of 120 Darroch Rd Delmar, NY 12054 of the property located at 242 West Lake Rd Caroga Lake NY 12032 and identified as Parcel # 52.9-1-18 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF 2.5 of said code. Lake Front and Side yard setback are at issue as is the height of the structure.

Owners desire to construct a Remove an Exisitng Structure and Rebuild a New Structure.

Mr. Welker asked the applicants to explain what they wanted to do. Marcus Harazin explained that he wanted to remove the original 1300 square foot structure that has gone beyond needed repairs and replace it with a new structure. Frank Franko who is the contractor for the construction displayed the drawing for the new proposed structure. He explained that the main part of the new two (2) story structure will be built on the original footprint will an additional room added to the back of the proposed structure. The proposed structure will be approx. twice the size of the existing structure. An existing outhouse and shed will be removed to allow for the expansion. The height of the proposed structure will be approx. 30 feet with the different roofline. Pete Welker asked if there will any fill brought in for the construction. Mr. Franko replied that he does not believe they will any additional fill. Pete Welker asked if there will be a basement. Mr. Franko replied that there is a plan for no basement or a partial basement. It cannot be determined after the removal of the old structure and construction begins due to the area being known for large boulders and rock ledges. With or without a basement the height of the proposed structure will be the same.

Mr. Welker asked if there was and comments from the public. Helen Vandewalker asked about the location of current leach field and septic system and whether it can accommodate the proposed structure. Mr. Franko explained that the current septic system which was updated a number of years ago, is approx. 50 feet behind the house and the leach field will be over 100 away from the house. Ms. Vandewalker expressed a concern with the construction and construction vehicles disturbing the current septic and leach field systems. Mr. Welker explained that the Code Enforcement Officer Mike Heberer monitors the construction site and will address concerns if needed.

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 7:12PM 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 Z2011-08 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.

Ken Coirin and Pete Welker replied no, that the proposed structure will be an asset 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.

Ken Coirin replied the proposed structure cannot be moved any further back due to the topography of the land and all the board members agreed no.

3. Whether the requested area variance is substantial.

Ken Coirin replied that the proposed structure will be no closer than the existing structures that are being removed and 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 no.

Mr. Welker asked for a motion to vote. Mr. Kane made the motion to approve the application and Mr. Malagisi 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

Ken Coirin – yes

Robert Kane - yes

Mr. Welker advised the applicants that their application Z2011-08 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.

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

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary