Zoning Board of Appeals February 23, 2012 Minutes

Zoning Board Acting Chairman Doug Purcell 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 Christine Perkins - present

Others in attendance: Greta Frasier

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

Mr. Purcell 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.

Acting Chairman Doug Purcell advised that the Zoning Board of Appeals will hear Application Number Z2011-09-A* by Greta Frasier and Kenneth Cronin of 2533 State Hwy 10 Johnstown (Town of Caroga), NY 12095 of and identified as Parcel # 98.-2-3 for a use 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.

Mr. Purcell stated that he is withdrawing his prior recusal on this application and will be participating in the review and decision henceforth. While he felt compelled to recuse himself initially, attendance at an ethics seminar recently highlighted the association with the applicant to be no more or less than most of the Zoning Board of Appeals members present. He therefore feels that he can hear and vote on this application objectively

Mr. Purcell asked the applicant to again explain what she wanted to do. Ms. Frasier explained that she owns an approx. 100 acre parcel and wants to move the family pets there which are 2 horses, 2 goats that are companions to the horses, a miniature donkey and approx. 20 chickens. She states that they owned the animals before she moved to Caroga Lake. The portion of the property proposed for this use is removed from the septic and wells and no wetlands will be used for the livestock. The land borders another property that owns horses. The animals are presently being boarded but due to the loss of income and financial circumstances the applicant wants to move to animals to her property. She stated she has tried to sell the animals but with state of current economics has not been able to so.

With no other questions and no correspondence Mr. Purcell closed the public part of the hearing at 7:06 PM and went into open session.

Frank Malagisi states that he was previously in favor of granting the use variance but upon reviewing prior variances denied he has determined there is no definition of agricultural use for this use variance. Also to be considered is the fact that the property is zoned residential and has never been used for agricultural purposes. Other properties in the area have been farms in the past and were preexisting nonconforming uses. There presently is no guide for the Zoning Board to use for agricultural uses.

Bob Kane states that he was on the board when the zoning was decided for the Town of Caroga and at that time there was no farming within the town so agricultural was not considered as part of zoning.

Christina Perkins states that in her opinion agriculture represents a business not for pets. Requesting a use variance is difficult within the towns inside the APA. The personal financial circumstance she realizes is an issue for the applicant but is self-created.

Doug Purcell referred to Bob Kane’s statement that there was no reason to include agricultural uses within the Town of Caroga Zoning Ordinances. He states that the Town of Caroga Planning Board is in the process of rectifying the agricultural omission for the zoning with revisions in the zoning and definitions for the town but until that is completed the Zoning Board of Appeals has no guide to follow for making agricultural decisions. He presently notes that the applicants request for allowing livestock is a self-created problem and the financial criteria deals with the property, not a personal situation.

Frank Malagisi states that he can see an upcoming need for future requests for agricultural uses.

Bob Kane states that although he understands the applicant’s circumstances, the APA might deny the application based on the criteria for zoning and agricultural uses.

Christina Perkins states that it is difficult to get approval for a use variance within the APA. The property is zoned residential and that is difficult to change.

The applicant, Ms. Frasier commented that she did not think it would be an issue to obtain a use variance, she owns 100 acres and bordering neighbors own horses.

With no other questions or comment Mr. Purcell advised that the Zoning Board Appeals, in granting use 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.

Mr. Purcell then stated to the board members that they will review the four criteria for application Z2011-09A* for a use variance that are from the Town of Caroga Zoning Ordinance

1. Whether the applicant cannot realize a reasonable return provided that lack of return is substantial as demonstrated by competent financial evidence.

Frank Malagisi commented that the animals are pets, not a business. Additionally, the financial evidence dealt with personal circumstances, not a return on the property itself and all board members agreed and replied yes.

2. That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.

Doug Purcell states that it is not unique and all board members agreed and replied yes.

3. That the alleged hardship has not been self- created.

All board members agreed that it was self-created and replied no.

4. Whether the relief asked for, the requested variance will not alter the essential character of the neighborhood.

All board members agreed and replied yes it will change because the area is zoned residential.

Mr. Purcell asked for a motion to vote. Mr. Malagisi made the motion to deny the variance as written and Ms. Perkins 2^nd the motion.

Mr. Purcell 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;

Doug Purcell – yes

Frank Malagisi – yes

Bob Kane – yes

Alternate Christina Perkins - yes

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary