Zoning Board of Appeals December 6, 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 – present

Pete Welker – present

Frank Malagisi –present

Robert Kane – absent

Others in attendance: Frederick and Susan Franko, Karen Wheeler, John Delsky and Bob Sullivan

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 Z2012-12 by Stewart Cox/ Frederick Franko of 210 South Market Street Johnstown NY 12095 of the property located at 246 South Shore Rd East Caroga Lake NY 12032 and identified as Parcel # 83.18-3-21 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code in a LF 2.5 Zoning District.

Owner desires to: Construct a construct a new Single Family Dwelling. Shoreline and side yard setbacks are at issue.

Mr. Coirin asked the applicant to explain what he wanted to do. Mr. Franko explained that the camp that was on the property has been demolished and displayed plans showing the proposed new structure that he wants to build on the existing footprint. He explained that the proposed structure is planned to be constructed in approximately the same footprint, no closer to the shoreline than the prior structure, straightened to be parallel to the property lines.

Mr. Coirin asked if there was and comments from the public and there was. Bob Sullivan spoke to say he is in favor of the proposed structure and that it will conform to today’s modern standards. A letter of correspondence from Elise Wilson was read by Ken Coirin, who as a neighboring property owner, objects to the proposed structure because of the side-yard setback and conflicting property survey lines. The correspondence was entered into the record. Karen Wheeler remarked to clarify the concern that the proposed structure would be closer to the property line in question than the original structure. Mr. Franko advised that there was an error in one of the lines done by the surveyor and the survey been corrected, amended and the surveys for his lot and the neighboring lot lines are now in agreement.

With no other questions, Mr. Coirin closed the public part of the meeting at 7:10PM and went into open session.

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

Ken Coirin asked if the members had any comments. Pete Welker stated that the proposed structure will be no closer to the lake, is already a non-conforming lot and his concern is the APA regulations of 75 feet from lakefront. Ken Coirin stated that the demolished structure was approx. 1300 square feet and the proposed new structure will be 1900 square feet.

Doug Purcell asked if the applicants have considered moving the proposed structure further back on the property. Mr. Franko replied that he could consider that if needed to have the application for a variance approved by the Zoning Board and the APA.

Frank Malagisi asked about the septic system and water supply locations. Mr. Franko that there is an existing holding tank and the well is 100 feet further away back on the property.

Ken Coirin and Pete Welker both agreed that they would like to see the proposed structure moved back further on the property. Mr. Franko stated that he would agree to move the proposed structure at least 12 to 15 feet further back on the property. That would make at least 400 square feet of the proposed structure behind and outside of the 75 foot lakefront APA regulation.

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 Z2012-12 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 property line does not allow and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

All board members agreed and replied yes as the application is submitted. The board recommended that the structure be moved further back on the property and Mr. Frank agreed to the recommendation.

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 with it amended with the location of the proposed structure to be at least setback an additional 15 feet from the lakefront and Frank Malagisi added that the amended surveys be recorded, filed and copies sent to the town to be included with the application. 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

Frank Malagisi – yes

Pete Welker – yes

Doug Purcell - yes

Mr. Coirin advised the applicant that the application Z2012-12 for a variance was approved by the Town of Caroga Zoning Board of Appeals with the following stipulations;

That the construction of the proposed structure be moved an additional 15 feet further back from the current proposed location.
That the amended survey be recorded, filed and the amended copy submitted to the Code Enforcement Officer and a copy to be attached with the application.

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 7:28PM. Doug Purcell made the motion and Pete Welker 2^nd the motion.

Respectfully Submitted

Mary Johnson

Caroga Zoning Board of Appeals Secretary