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Zoning Board of Appeals July 19, 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 – absent

Others in attendance: Howard Michaels, Michelle Altizio, John and Beverly Barkevich, Mildred Altizio, Carol Vancoughnett, Jim Altizio, Pat Valochovic, Marilyn Thoby, Rich Schroeder, Jack Dewese, Jackie Thompson, Jim and Barbara Blaydon and Susan and Martin Bradt.

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. Mr. Purcell made the motion and Mr. 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 variance applications. 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 Z2012-02 by Jackie Thompson of 1967 Park Plaza Lancaster, PA 17601 of the property located at 128 Kirchen Grove Rd Caroga Lake NY 12032 and identified as Parcel # 83.10-4-2 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in RT Zone of said code.

Owner desires to: Construct an 8 x 24’ deck to lake front side of house A Shoreline setback is at issue.

Mr. Coirin asked the applicant to explain what she wanted to do. Jackie Thompson explained that she wanted to add the deck that will be level with the existing structure for easier access for her mother, who is in a wheelchair, for easier access to the outside. She explained that that were not able to put in pavers due to the area being very uneven and full to roots for surrounding trees.

Mr. Coirin asked if there was and comments from the public. Jack Dewese a neighbor of Ms. Thompson stated that he that, years ago (1974) before the Zoning Board was in existence, he applied to directly to the APA for a deck addition to his home and had no issues getting approval. He realizes that with today’s stricter regulations, that the process for variances are more involved but he is in favor of the proposed deck. He also stated that the deck would be astatically correct and appealing to the area.

Mr. Coirin asked if there was any correspondence for this application and the secretary replied there was none.

With no other questions, Mr. Coirin 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.

Pete Welker stated that he did not see any plans for railing for the proposed deck. He questioned Ms. Thompson if she plans on adding railings. Ms. Thompson stated that she was adding railing but at the time of submitting her plans she had not picked out the design. Mr. Purcell asked if she had considered opening up the enclosed porch instead of adding the deck. Ms. Thompson explained that they use porch frequent and when to keep it as an enclosed area. Mr. Purcell asked if she thought of using pavers as an alternative. Ms. Thompson explained that she had thought about it but it was cost prohibitive to bring in fill to level the because of the un-level ground and tree roots.

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 Z2012-02 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 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.

Doug Purcell stated that it was not realistic and 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.

All board members replied .

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 agreed and replied no.

Mr. Coirin asked for a motion to vote. Pete Welker made the motion to approve the application as written and Doug Purcell 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

Mr. Coirin advised the applicant that the application Z2012-02 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 now hear Application Number Z2012-03 by Howard Michaels of PO Box 510 Caroga Lake, NY 12032 of the property located at 139 Hutchinson Rd Caroga Lake NY 12032 and identified as Parcel # 52.11-4-4 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 as it pertain to Sideyard setbacks.

Owner desires to: Construct a 6 x 18’ addition to the garage. A side yard setback is at issue.

Mr. Coirin asked the applicant to explain what he wanted to do. Howard Michaels explained that he wanted to add the proposed addition to his garage roof to be used as additional storage for his boat. He stated that there would be no other changes.

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 there was a letter submitted by a neighbor stating that they were in favor of the proposed garage roof addition. A copy of the letter is attached.

With no other questions, Mr. Coirin closed the public part of the meeting at 7:15PM and went into open session.

Roll call was taken with the same results as previously recorded.

Frank Malagisi asked Mr. Michaels if the wire fence on the side-yard is the property line. Mr. Michaels stated that yes is was. Mr. Purcell asked if he considered any other location for the proposed addition. Mr. Michaels stated that due a three (3) foot tree on the other side of the house and the location of the septic system that the only place for the addition is where it is proposed in the plans.

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 Z2012-03 for an area variance that are from the Town of Caroga Zoning Ordinance

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.

Ken Coirin stated that the large tree limits Mr. Michaels choices and Doug Purcell stated that a pathway to the lower structure also limits his choices. 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.

All board members agreed and replied no.

All board members agreed replied no.

Mr. Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application as written and Doug Purcell 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

Mr. Coirin advised the applicant that the application Z2012-03 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 was back in public session to hear Application Number Z2012-04 by Marilyn Thoby of PO Box 554 Caroga Lake, NY 12032 of the property located at 306 S Shore Rd West Caroga Lake NY 12032 and identified as Parcel # 82.8-3-7 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 as it pertain to Sideyard setbacks.

Owners desire to build a 14 x 24’ second floor addition with a carport underneath. The side yard setback is at issue.

Mr. Coirin asked the applicant to explain what she wanted to do. Ms. Thoby explained that she wanted to add the addition that would be a 2^nd bedroom and a carport to the present structure. She stated that she was thinking of future health concerns and an additions bedroom would met her concerns. The carport would be for parking convenience. Ken Coirin asked if she considered adding the proposed addition to the front of the present structure. Ms. Thoby stated that she believed she could not build any closer to the water. Frank Malagisi asked if she had considered building on the other lots she owned and Ms. Thoby stated that the lots were steep and rocky and able to be built on.

Mr. Coirin asked if there was and comments from the public. Jim Alitzio spoke to say as a neighboring property owner he has concerns that are a combination of issues including the significant increase in coverage which would be over the 10% and most of the public that attended which include surrounding neighbors agreed with the concern in the increased coverage. He states that in an area that is already crowded the proposed addition would add to the condition. He also states that the appearance of the proposed addition would be detrimental to the neighborhood. Another member of the public stated that he has concerns with the driveway entrance to the homes which is shared by the area property owners. John Barkavich spoke to say he is opposed to the proposed addition and gave a copy of a list showing his concerns which includes the allowable coverage and the proposed increase, the side-yard setbacks and the closeness of the proposed deck to the Altizio kitchen and bathroom infringing on their privacy, and structural concerns where the proposed addition will be added including the rafters and a visible dip in the roofline. Mr. Barkevich states as a professional engineer he is very concerned with present structure supporting the proposed structure. Barbara Blaydon spoke to say she has a concern with the shared driveway and a possible increase in traffic. Rich Schroeder, who is contractor for Ms. Thoby, explained that the rafters that will support the proposed addition are strong and other structure issues are cosmetic. Mr. Schroeder explained that he would be adding gutters and downspouts to take care of any water run-off. He does not believe the proposed addition will cause an increase in traffic other than during construction. He states that Ms. Thoby, like her neighbors, enjoys the quiet and peacefulness of the lake area. He also stated that the proposed deck will have a privacy railing to block the view into the neighbors structure. John Barkevich states that the Thoby structure must be engineer approved before any addition can be approved to be added onto. Rich Schroeder submitted a picture of the rafters in question and stated that the pictures shows the rafters to be straight and structurally sound. Michelle Altizio spoke to say as a family member and future owner of the Altizio camp she has a concern that the Thoby camp is already too close and the proposed addition and deck would bring it closer to her family camp. Jim Altizio questioned why Ms. Thoby did not consider adding a dormer addition which would keep within the original footprint of the existing structure. Carol Vancoughnett stated she had the concerns whether the holding tank would support the increased possibility of other people living at the Thoby camp. Ken Coirin replied that the holding tank is a separate issue and is under the direction of the Town of Caroga Sanitation Officer. Rich Schroeder stated that the holding tank is pumped out at least three (3) times a year.

Mr. Coirin asked if there was any correspondence for this application and the secretary replied there was a letter submitted by Denise Acee stating that that she has an issue with the side-yard setback in an area that is already crowed is her opinion and believes that the application by Ms. Thoby for a variance should be denied.

With no other questions, Mr. Coirin closed the public part of the meeting at 7:47PM and went into open session.

Roll call was taken with the same results as previously recorded.

Pete Welker states he has concerns with drainage issues. Frank Malagisi questioned Ms. Thoby is she considered building on other lots she owns across the road. Ms. Thoby answered that the lost are steep and rocky and are three (3) separate lots. Ken Coirin stated that the proposed addition and deck will bring the Thoby structure twenty feet closer to the side yard. Frank Malagisi stated he has a concern with the total square footage. The present structure is over the allowable coverage and the proposed addition and deck will increase the coverage almost 3 times more. Doug Purcell states that he also has an issue with the increased coverage. He states that it would be better if the proposed structure is build up, not out. Ms. Thoby replied her concern would be the weight being supported by the existing structure.

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 Z2012-04 for an area variance that are from the Town of Caroga Zoning Ordinance

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 yes it would change the character.

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 replied yes.

3. Whether the requested area variance is substantial.

All board members agreed and replied yes.

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 agreed and replied yes.

All board members agreed and replied no.

Mr. Coirin asked for a motion to vote. Doug Purcell made the motion to deny the application as written and Pete Welker 2^nd the motion.

Mr. Coirin 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;

Ken Coirin – yes

Pete Welker - yes

Frank Malagisi – yes

Doug Purcell - yes

Mr. Coirin advised the applicant that the application Z2012-04 for a variance was denied 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.

After completion of the hearing the Zoning Board of Appeals met to decide and vote for the Vice Chairman position. A motion was made by Pete Welker for Doug Purcell to be the Vice Chairman and was 2^nd by Frank Malagisi. Doug Purcell voted no for himself and all board members voted yes. Doug Purcell was voted in as the Vice Chairman of the Town of Caroga Zoning Board of Appeals.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary