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Zoning Board of Appeals August 9, 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

Doug Purcell – present

Pete Welker – absent

Frank Malagisi –present

Robert Kane – present

Alternate Christina Perkins - present

Others in attendance: Barbara Donnley, Kate and Alex Yvars, Bill and Kaye Schrader and John Delsky

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. Malagisi 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 Z2012-05 by Kaye Schrader of 1 West Clinton St Johnstown, NY 12095 of the property located at 308 South Shore Rd East Caroga Lake NY 12032 and identified as Parcel # 83.14-4-3 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in LF Zone of said code.

Owner desires to: Construct a deck.

Mr. Coirin asked the applicant to explain what she wanted to do. Kaye Schrader explained she wanted a more useable outdoor area for sitting and entertaining. The proposed deck will be attached to the house and be 24’ x 13’ and be built 2’ above the ground with railings.

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 none.

With no other questions, Mr. Coirin closed the public part of the meeting at 7:07PM and went into open session.

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

Frank Malagisi stated that the proposed deck would make the shoreline setback at 49’. It is presently 56’. Kaye Schrader stated that the proposed location of the deck would avoid the removal of any trees. Doug Purcell asked Kaye Schrader about the flagstone area by the lake and why she could not expand that for more useable space or did she consider adding the deck to the side of the structure. Kaye Schrader explained that’s the flagstone area by the lake is small and did not want to change it and that the septic system is located on one side of the structure and there was not enough room on the other side of the structure. Ken Coirin stated that the proposed deck is within the 10% allowable increase in coverage.

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 Z2012-05 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.

The septic system does not allow this and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

Ken Coirin and Frank Malagisi stated that the variance was substantial but did not want to deny the variance and 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.

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. Bob Kane made the motion to approve the application as written and Christina Perkins 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

Doug Purcell - no

Frank Malagisi – yes

Bob Kane – yes

Christina Perkins - yes

Mr. Coirin advised the applicant that the application Z2012-05 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 Z2012-06 by Alexander and Catherine Yvars of 12 Easterly St Gloversville, NY 12078 of the property located at 199 Avery Rd Caroga Lake NY 12032 and identified as Parcel # 83.10-5-13 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 setbacks.

Owner desires to: Demolish existing structure and build a new structure. Shoreline setback is at issue.

Mr. Coirin asked the applicant to explain what they wanted to do. Alex Yvars explained that he wanted to demolish the existing structure and build a new structure. He explained that he had revised his original plans after contacting Mary O’Donnel of the APA and her inspection of the site. The proposed structure will now be built on the existing footprint. One of the proposed decks will be moved to one side of the structure and the other deck on the back was revised to allow a better and safer entrance to the camp. Alex Yvars explained that the blue ribbons marked a wetland area next to the existing structure, is not usable and will not be disturbed.

Mr. Coirin asked if there was and comments from the public. Barbara Donnley stated that she approved what the Yvars want to do.

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 7:22PM and went into open session.

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

Doug Purcell asked if the applicants planned on removing the pine and spruce tree next to proposed structure. Mr. Yvars confirmed that he planned on removing the trees and it would also be better for the road. Frank Malagisi asked if the existing deck was being replaced and Alex Yvars yes it was being replaced and relocated to the side of the structure. Ken Coirin commented that the deck proposed to relocate the entry to the camp is a good idea since the present entry is located directly on the road.

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 Z2012-06 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.

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.

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

Doug Purcell - yes

Frank Malagisi – yes

Bob Kane – yes

Christina Perkins - yes

Mr. Coirin advised the applicant that the application Z2012-06 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 advised that he always submitted plans to the APA and was granted approval by them. A copy of the letter was given to the board members. Ken Coirin advised the applicants that the Zoning Board of Appeals decision will be submitted within five (5) working days and they are to contact the Code Enforcement Officer.

Ken Coirin asked for motion to close the hearing at 7:32PM. Doug Purcell made the motion and Christina Perkins 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary