Zoning Board of Appeals April 5, 2012 Minutes

Zoning Board Chairman Ken Coirin opened the public session of the meeting at 7:00pm. Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman – Ken Coirin - present

Pete Welker – present

Frank Malagisi –present

Doug Purcell – present

Robert Kane – present

Others in attendance: Town of Caroga Code Enforcement Officer Mike Heberer, Scott Dunlap and Carol Deyoe

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

Chairman Ken Coirin 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. Coirin advised the Town of Caroga Zoning Board of Appeals will hear Application Number Z2012-01 by Scott Dunlop of 107 Deer run Rd Shaftsbury, VT 05262 of the property located at 239 Pine Lake Rd Caroga Lake NY 12032 and identified as Parcel # 38.11-1-20 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF 1 of said code as it pertain to Shoreline setbacks.

Owners desire to Increase footprint and increase the height of the structure.

Mr. Coirin asked the applicant to explain what they wanted to do. Scott Dunlap explained the existing two story is 14’ x 22’. The one story part of the structure is 8’ x18 ’. He wants rebuild the existing 1 story section with a 10’ x 20’ two story section to the front of the structure. Mike Heberer explained that the only issue for this variance is the lake setback. The applicant is requesting a two (2) foot variance which will make the setback from the lake at 59’.

Mr. Coirin asked if there was and comments from the public and there was none.

Mr. Coirin asked if there was any correspondence for this application and the secretary replied yes there was. A letter was read from Lodema Jenkins, who owns the neighboring property at 237 Pine Lake Rd, expressing a concern with the location of structures and property lines outlined on Scott Dunlap’s property. Town of Caroga Codes Enforcement Officer Mike Heberer stated he spoke with Mrs. Jenkins addressing her concerns. There is no change of the property lines, the structure size is accurate and any other structures such as a shed do not pertain to the variance request. A copy of Mrs. Jenkins letter will be attached with the application.

Frank Malagisi stated he spoke to the Town of Caroga Highway Superintendent and he had no concerns with the variance request.

With no other questions, Mr. Coirin 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. 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 Z2012-01 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 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 replied 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 no.

Mr. Coirin asked for a motion to vote. Pete Welker made the motion to approve the application as written and Bob Kane 2^nd the motion.

Mr. Coirin 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;

Ken Coirin – yes

Pete Welker - yes

Frank Malagisi – yes

Doug Purcell - yes

Robert Kane - yes

Mr. Coirin advised the applicant that the application Z2012-01 for a variance was approved 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. Coirin advised the Town of Caroga Zoning Board of Appeals will review Application Number Z2011-01 by Kenneth P Cronin Sr of PO Box 233 Caroga Lake, NY 12032 of the property located at 109 North Branch Rd Caroga Lake NY 12032 and identified as Parcel # 67.-1-11 for a use variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.040 Paragraph (c) of said code. Mr. Coirin advised that the applicant was granted a temporary use variance for a snowmobile repair shop on 2/24/2011 with the agreement that it would be reviewed again within a year. Mr. Welker wanted it noted that with the past light winter, it would be hard to determine the full effect of this snow mobile repair shop. He suggested that the board extend the application another year and the monitoring that the applicant agreed to. Ken Coirin asked if there was anyone to speak regarding the application. Carol Deyoe stated that she has concerns with the snowmobile repair shop. She states that economics was the reason for moving the shop to the present location but still does not feel that it should be allowed in a residential neighborhood. She noted that there was an increase in traffic and litter. The 90 degree corner that was an issue is now cut back do to the increase in traffic. She still has a concern with gas and oil seepage since her home is located below the snowmobile shop. She states that the applicant did not take the time to explore other places to locate the shop and she feels does have an adverse effect on the neighborhood.

Ken Coirin asked Mike Heberer if he had any concerns. Mike Heberer stated he made four (4) surprise stops at the applicants shop. He always found it clean and spill pans under any equipment being repaired. Mike Heberer did state that with a mild winter it was hard to make a full determination. He suggested that it was fair that the board extend temporary application another year.

Mr. Coirin asked for a motion to vote to extend the temporary seasonal use variance on Application Z2011-01. Pete Welker agreed that due to the fact that this was a light winter made to motion to extend the application and Frank Malagisi 2^nd the motion.

Mr. Coirin 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;

Ken Coirin – yes

Pete Welker - yes

Frank Malagisi – yes

Doug Purcell - yes

Robert Kane – yes

The applicant will be notified that his Application Z2011-01 for a season use variance has been extended for the 2012-2013 winter season with the same stipulations. The following stipulations are as follows;

1. That the hours of operation be Mon thru Fri from 9am to 5pm and from 9am to 12pm on Sat and Sun.

2. That the seasonal variance be for the 2012 to 2013 season beginning Nov 1^st to April 1^st.

3. That the variance be reviewed 1 year from the date of this hearing.

4. That Ken Cronin agreed to at least 2 random property inspections by the Town of Caroga Code Enforcement Officer.

Mr. Coirin asked for a motion to close the Hearing of the Zoning Board of Appeals at 7:27M. Mr. Purcell made the motion and Mr. Welker 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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