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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 – present
Frank Malagisi –absent
Robert Kane – present
Others in attendance: Carolyn Suffern, Bruce McConnelee, Harry and Margaret McDonough, John Deweese, Janet and Donald Rasmussen.
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 2nd 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 Z2012-07 by Carolyn Suffern of 8615 Cypress Lake Dr W Knoxville TN 37923 and PO Box 595 Caroga Lake NY 12032 of the property located at 215 north Shore Rd West Caroga Lake NY 12032 and identified as Parcel # 67.20-1-94 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.
Owner desires to: Construct a construct a 10’ x 24’ structure to be part screen house and part storage - the Shoreline and side yard setbacks are at issue.
Mr. Coirin asked the applicant to explain what she wanted to do. Carolyn Suffern explained that her proposed structure would allow her to have the needed storage which she lacks for her canoe and the screened in part would allow her to enjoy the outdoors more. The camp has been in the family for over 50yrs and for the last 20 she has always wanted to add the addition.
Mr. Coirin asked if there was and comments from the public and Harry McDounough spoke to say he objecting to the variance being granted for the proposed structure. He states as a neighbor at 221 North Shore Rd that the proposed structure would be invasive to his property and privacy. He outlined that the criteria for zoning ordinances does not meet the requirements for granting a variance for the proposed structure which includes the side-yard setback issues, and that there is and he believes there can be an alternative can be achieved. He also stated that the structures are already close and the proposed addition would be bring it closer and invading his right to privacy. Mrs. Suffern commented that the proposed structure would be built with a privacy buffer.
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 7:16PM and went into open session.
Roll call was taken with the same results as previously recorded.
Ken Coirin stated that the applicant has given him an alternative plan should the application for a variance be an issue and denied. When asked, Mrs. Suffern stated she just came up with the alternative plan yesterday and that it has not been submitted to the Town of Caroga Code Enforcement Officer. Pete Welker stated that he would deny the variance as submitted on the original plan. Doug Purcell stated that he is concerned with the side yard setbacks and the alternative plan is a better option. Mrs. Suffern asked if she would be allowed to submit a plan for a two (2) story addition as an alternative and the board replied that she can.
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 Z2012-07 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.
Ken Coirin and Doug Purcell stated that is would not be a undesirable change and 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 and Ken Coirin stated that yes there is an alternative and all board members agreed and 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.
Doug Purcell stated that he understood the neighbor’s concerns and that the proposed construction would not have an adverse impact over and above what was already apparent and 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. Pete Welker made the motion to deny the application as written and Doug Purcell 2nd 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
Doug Purcell - yes
Pete Welker - yes
Bob Kane – yes
Mr. Coirin advised the applicant that the application Z2012-07 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 their decision.
Mr. Coirin advised the Town of Caroga Zoning Board of Appeals will now hear Application Number Z2012-08 by Bruce McConnelee of 77 Glen Ave Scotia, NY 12302 of the property located at 442 Kasson Dr Caroga Lake NY 12032 and identified as Parcel # 52.11-5-4 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code as it pertain to setbacks.
Owner desires to: Construct a 12’ 17’ bedroom addition.
Mr. Coirin asked the applicant to explain what he wanted to do. Bruce McConnelee explained that the present structures bedrooms are located on the 2nd floor and the stairs are a challenge for his wife. The proposed bedroom addition is for health and safety reasons. There is presently a small room attached to the rear of the structure which will be demolished, squared off to the present structure to accommodate the proposed 12’ x 17’ bedroom addition.
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 7:26PM 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. Pete Welker and Ken Coirin stated they had no concerns. Doug Purcell asked Mr. McConnelee to the location of the septic system which was not clearly marked on the property map. Mr. McConnelee pointed out the location and stated that he knew the proposed structure would be closer to the system but that was still in compliance for the distance allowed by code. Bob Kane was concerned with the shoreline set back but the proposed bedroom addition will be to the rear and will not change the setback which is already non-compliant. 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 Z2012-08 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.
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.
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. Doug Purcell made the motion to approve the application as written and Pete Welker 2nd the motion.
Mr. Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would grant the variance and no vote would deny the variance.
The voting results are as follows;
Ken Coirin – yes
Doug Purcell - yes
Pete Welker - yes
Bob Kane – yes
Mr. Coirin advised the applicant that the application Z2012-08 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 their decision.
Ken Coirin stated to ask for a motion to close the hearing at 7:30PM. Janet Rasmussen spoke up to ask why her concerns are not being heard or addressed. Ken Coirin stated that the Zoning Board of Appeals has no knowledge or paperwork for her. Mrs. Rasmussen, clearly frustrated and upset explained that she complained to the Code Enforcement Officer about the height of the fence and that it was installed further than the permit allowed and is now blocking her view of the lake. Mrs. Rasmussen stated she has made many complaints and calls and when she last called the Town Clerk Linda Gilbert complaining about the fence she stated she was advised to be present tonight. John Deweese, who is a neighbor of the Rasmussen’s, spoke to say he was present to have clarified what is the procedure that the Rasmussen’s must take to resolve their issue. The Zoning Board members explained that her complaint was not an issue for the Zoning Board and that it should be brought to the attention of the Code Enforcement Officer and the Town Board. The Rasmussen’s and Mr. Deweese thanked the board members for heating them and advised that they will again contact the town with their complaint.
Ken Coirin asked for motion to close the hearing at 7:50PM. Doug Purcell made the motion and Pete Welker 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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