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Zoning Board of Appeals October 18, 2012 Minutes

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

Chairman – Ken Coirin - present

Doug Purcell – absent

Pete Welker – present

Frank Malagisi –present

Robert Kane – absent

Others in attendance: Carolyn Suffern, Elizabeth Cannon, Joe and Mary Jablonski

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 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 Z2012-09 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 12’ x 19’ addition the Shoreline setback is at issue.

Mr. Coirin asked the applicant to explain what she wanted to do. Carolyn Suffern explained that she wants to add this addition that will include a 2^nd story to be used as an addition room with storage area underneath. She explained that she presently has no storage room for her items and this addition will solve that issue. The proposed 12’ x 19’ addition will be approx. 30’ from the lakefront which is two (2) feet further than the present structure.

Pete Welker asked how she determined the lakefront setback. Ms. Suffern stated she used the scale from her survey map. Pete Welker states that by viewing the survey map with the proposed addition it will be no closer to the lakefront and an additional 2’ further. He does have an issue with the lake setback because the present structure is already non-conforming. Frank Malagisi states that there is a hardship present since the contour of the land does not allow for any other location of the proposed 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 7:12PM and went into open session.

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

Frank Malagisi states that he is in favor of the proposed structure being 2’ further from the lakefront. Ken Coirin states that there is no other place for the proposed structure. Pete Welker confirmed that the proposed structure will not be any closer to neighboring property owners and that the only issue he has is the shoreline setback which the APA’s new regulations are set at 75’.

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 Z2012-09 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.

Ken Coirin states that the contour of the property does not allow the proposed addition to be anywhere else 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 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. Frank Malagisi made the motion to approve the application as written and Ken Coirin 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

Frank Malagisi – yes

Pete Welker - yes

Mr. Coirin advised the applicant that the application Z2012-09 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) to ninety (90) 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 was back in public session to hear Application Number Z2012-10 by David & Elizabeth Cannon of 57 Shore Rd Setauket, NY 11733 of the property located at 334 S Shore Trail Rd Canada Lake, Caroga Lake NY 12032 and identified as Parcel # 58.18-1-12 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 shoreline setbacks.

Owner desires to: Construct a 10’ x 13’addition.

Mr. Coirin asked the applicant to explain what she wanted to do. Elizabeth Cannon explained that they want to add a 10’x 13’ addition which will include a downstairs bathroom. The proposed addition will be added to the back of the present structure and will include a dormer that will add more head space for the 2^nd story of the present structure.

Frank Malagisi asked Ms. Cannon the location of the present septic system. Ms. Cannon explained the system is located up the hill away from the camp and not near the proposed addition. Frank Malagisi asked if the trail behind the structure that is used by other property owners to access their camps will be affected. Ms. Cannon stated no.

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 7:22PM 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 states that the lakefront setback is presently 16’ and the APA may have issues with the proposed addition due to the new regulations even though it is already a pre-existing non-conforming lakefront setback.

All 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 Z2012-10 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 that based on the floor plan there is none and all board 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. Ken Coirin made the motion to approve 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 grant the variance and no vote would deny the variance.

The voting results are as follows;

Ken Coirin – yes

Pete Welker - yes

Frank Malagisi - yes

Mr. Coirin advised the applicant that the application Z2012-10 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) to ninety (90) 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 was back in public session to hear Application Number Z2012-11 by Hal & Alice Schumacher and Joe and Mary Jablonski of 134 Prospect Ave Gloversville, NY 12078 of the property located at 115 Hutchinson Rd Caroga Lake, NY 12032 and identified as Parcel # 52.11-4-16 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 shoreline setbacks.

Owner desires to: Construct a 16’ x 36’ addition.

Mr. Coirin asked the applicants to explain what they wanted to do. Mr. Jablonski explained that they wanted to add a 16’ x 36’ foot addition to the back of the present structure. The addition will include a bathroom be used to house the hot water tank, heating and storage because there is no basement. There is presently a 6’ x 24’ structure on the back of the camp and will be removed to allow for the proposed addition.

Ken Coirin states that the submitted plan are well drawn out showing good details of the proposed addition. He confirmed that the present structure is 40’ from the lakefront and that the addition will be added to the back. Frank Malagisi asked the applicant about the present septic system and whether there are plans to replace it. Joe Jablonski confirmed that there are plans to replace it in the future. He also asked that if the tree that has been cut down is allowing for the proposed additions and Mr. Jablonski confirmed that that was the reason. He also confirmed that he would be moving a shed that is presently located near the proposed addition will be further back behind the camp. Frank Malagisi states that the proposed addition is well within the allowable 10% increase in coverage.

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 7:28PM 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. All 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 Z2012-11 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 Ken Coirin 2^nd 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

Pete Welker - yes

Frank Malagisi - yes

Mr. Coirin advised the applicant that the application Z2012-11 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) to ninety (90) 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 asked for motion to close the hearing at 7:40PM. Pete Welker made the motion and Frank Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary