Zoning Board of Appeals November 17, 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

Alternate Christine Perkins

Others in attendance: Greta Frasier and Ron Ernest

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. Doug Purcell made the motion and Ken Coirin 2^nd the motion. All Zoning Board members agreed.

Zoning Board member Doug Purcell advised he is excusing himself from the board due to a personal friendship with the applicant.

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 Z2011-09 by Greta Frasier and Kenneth Cronin of 2533 State Hwy 10 Johnstown (Town of Caroga), NY 12095 of the property located at 242 West Lake Rd Caroga Lake NY 12032 and identified as Parcel # 98.-2-3 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.031 and Section 4.50 of said code. Parcel is zoned R10.

Owners desire to construct a Barn and fence in corrals for the purpose of keeping livestock.

Mr. Welker asked the applicants to explain what she wanted to do. Ms. Frasier explained that she owns an approx. 100 acre parcel and wants to construct a 24’ x 36’ barn for the purpose of having 1 or 2 horses, a beef cow, a goat and chickens. The property has no septic, no wells and no wetland and will be used for the livestock only. Pete Welker asked if there was any livestock on the property now. Ms. Frasier states that she has approx. 20 chickens now and they will also be using the proposed barn.

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.

Frank Malagisi stated that he has no problem with the applications request for the barn and horse(s). Ken Coirin stated that the property is zoned residential and zoning does not allow for agricultural use but the applicant already owns chickens and has for many years with no complaint and this makes a difference. Christina Perkins states she has a concern with the list of livestock the applicant wished to have. She states that if the variance is allowed it will set precedence for future applications. She states that if the application is granted it should be with restrictions. Pete Welker states that there is another home owner nearby the property that owns a couple of horses. He also has concern with the applicants request for a beef cow that and the possibility of slaughter on the property. Ms. Frasier stated that the cow will be sent away for slaughter and not be slaughtered on the property. Frank Malagisi confirmed with the Zoning Board Secretary that there was no correspondence for this application. He also states that there is a hardship with cost should the applicant have to board the livestock. He is willing to make a motion to approve the variance with restrictions. Ken Coirin states that he has no problem with the barn only with its use. Pete Welker states that his concern is that the area is zoned residential.

Ms. Frasier requested that if the board granted her variance that she be allowed to have 2 horses as they will keep each other company and that she be allowed to have the miniature donkey.

Pete Welker asked if there were any other comments or questions concerning the application. 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 Z2011-09 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 replied and agreed 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 replied no.

3. Whether the requested area variance is substantial.

Ken Coirin replied yes it is. Frank Malagisi replied that on the paperwork it is but will approve the variance with restrictions. Pete Welker stated that the application stands as written or with restrictions.

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 with the Restrictions that there are allowed only two (2) horses, one (1) miniature donkey and the already present twenty (20) chickens and Mr. Frank 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 - no

Ken Coirin – yes

Frank Malagisi - yes

Robert Kane – yes

Alternate Christine Perkins - yes

Mr. Welker advised the applicants that their application Z2011-09 for a variance was granted by the Town of Caroga Zoning Board of Appeals with restrictions as follows;

The application is allowed only two (20 horses
The applicant is allowed one (1) miniature donkey, and
The applicant is allowed the twenty (20) chickens already present.

The application 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 7:20PM. Mr. Frank Malagisi made the motion and Mr. Kane 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary