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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 – absent
Frank Malagisi – present
Others in attendance: Dave and Kathy VanVolkenburg, John Garger, Frank Garger, Carol Mark, Ceil Vickerson and MaryEllen Charles who is representing the Gulicks.
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 Frank Malagisi 2nd the motion. All Zoning Board members agreed.
Chairman Ken Coirin advised that the Town of Caroga Board of Appeals was meeting to hear a variance application. The hearing is 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.
Chairman Ken Coirin advised that the Zoning Board of appeals was in public session to hear Application Z2012-14 by Dave & Kathy VanVolkenburg of 212 n Shore Rd West Stoner Lake Caroga Lake NY 12032 of the property located at 212 n Shore Rd West Stoner Lake Caroga Lake NY 12032 and identified as Parcel # 12.17-1-5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code. This application was previously Tabled on December 20, 2012 until the applicants could obtain a recorded survey as requested by the Zoning Board of Appeals.
Owner desires to: Obtain permission to keep the woodshed built too close to the lot line. Side yard setbacks are at issue.
Mr. Coirin advised that the applicants had submitted a survey done by licensed surveyor Charles Ackerbauer on 1/15/13 showing clearly the boundary line between the VanVolkenbug and Gulick property. Mary Ellen Charles spoke up to say that she does not believe the survey was accurate. She claims that she had photos that the survey markers were moved. Ken Coirin states that the survey map clearly shows the location of the markers used to mark the boundary line between the properties, was done by Charles Ackerbauer who is a New York State licensed surveyor. He states that the Zoning Board of Appeals meeting for a variance for the location of the woodshed only.
Ken Coirin states that he had talked to the Code Enforcement Officer to confirm that the allowable lot coverage is 25% and the VanVolkenburgs are well within that. This was disputed at the hearing held 12-20-12 when it was stated that the VanVolkenbugs were over the allowable coverage. Mary Ellen Charles asked if all the permits issued to the VanVolkenburgs were included in determining how much coverage the VanVolkenburgs have. Ken Coirin states he has all the information. Mary Ellen Charles states that she believes that the information is inaccurate. John Garger states that when he wanted to build on his property he was told that a side yard setback had to be 16 feet and that the lot was overbuilt and was not allowed any other construction. He does not know why the VanVolkenburgs were allowed to build the woodshed when he was not allowed any additional building. Mary Ellen Charles questioned how the VanVolkenburgs did not know the woodshed was in dispute when paperwork sent to them clearly shows that they knew it was not a legal structure. Kathy VanVolkenbug states she did not know the legal process and that paperwork she signed was so they could have the woodshed. Mary Ellen Charles questions how are they allowed to have a woodshed that was built without a permit, than issued a denial notice that required the hearing for a variance to allow the woodshed. She also states that the original application states that the VanVolkenburgs agreed to move the woodshed. It was explained that the permit was issued post construction with the stipulation of moving the shed to within permitted setbacks. As the construction did not meet the side yard setback, the denial notice was issued with the subsequent application for variance to bring the matter to the ZBA for review and decision
Mr. Coirin states that he had a letter of correspondence sent by the Gulicks and asked the Zoning Board secretary to read it. The letter is from John and Agnes Gulick who own the property neighboring the VanVolkenburgs and states that they are opposed to the woodshed and it should be removed. They question the procedure for the permit and application for the woodshed that was built without a permit. The letter also authorizes Mary Ellen Charles to speak on their behalf. A detailed copy of the letter will be attached and filed with the hearing minutes for 1/24/2013.
Mr. Coirin asked if the board members had any other comments or questions. The board members replied that had no other comments or questions.
Ken Coirin closed the public part of the hearing at 7:15pm and went into open session.
Frank Malagisi states that the survey clearly shows that the woodshed is on the VanVolkenburg property and not on the Gulicks property as previously stated. Kern Coirin states that the question is the setback variance.
With no other comments from the board members Mr. Coirin stated that they will review the five criteria for application Z2012-14 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 replied yes it has and Frank Malagisi 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 states there are other places to put the shed and all board members agreed and replied yes.
3. Whether the requested area variance is substantial.
Frank Malagisi states he did not feel the variance was substantial and Doug Purcell and Ken Coirin replied yes it was. These responses evoked a verbal reaction from the public present.
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.
Doug Purcell and Ken Coirin replied yes and Frank Malagisi replied no.
Frank Malagisi states that when the board votes on its decision it had to be a unanimous decision and Ken Coirin and Doug Purcell confirmed this. Frank Malagisi states that the conflict is the location of the woodshed and could it be moved and be acceptable. Ken Coirin asked the VanVolkenburgs if they would consider moving the woodshed closer to the front door of their home. Kathy VanVolkenburg states that to do that they would be covering a buried waterline that is shared with the Gulicks. She states that was one of the reasons for building the woodshed in its present location. Reviewing the survey map, Ken Coirin suggested that by moving the woodshed closer to the house would have at least a 10’ side yard setback. The VanVolkenburgs stated that it would result in additional cost of removing another tree and the woodshed would still be partially covering the waterline. Ken Coirin stated that in order to have at least a 10 foot side yard setback, this seemed to be the only alternative. The VanVolkenburgs agreed to this.
Mary Ellen Charles and Carol Mark both interrupted to say and argued that the woodshed would still be aesthetically unappealing, affecting the selling value of the Gulicks, and that the decision of the zoning board does not take into consideration seasonal residents. Mary Ellen Charles stated that the survey map was incorrect and the markers were moved. They were advised that this was the closed session of the hearing and the public part was closed.
Mr. Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application with the stipulation that the VanVolkenburgs relocate the woodshed a minimum of ten (10) feet from the side yard. Doug Purcell 2nd 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
Doug Purcell - yes
Mr. Coirin advised the applicants that their application Z2012-14 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 one hundred and eighty (180) days upon receipt of the application paperwork to respond with their decision for approval or denial.
Mary Ellen Charles requested that a copy of the decision notice, the minutes and all the paperwork that is sent to the APA also be sent to the Gulicks.
Ken Coirin asked for motion to close the hearing at 7:40PM. Doug Purcell made the motion and Frank Malagisi 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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