Zoning Board of Appeals August 20, 2013 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

Vice Chairman Doug Purcell – present

Pete Welker – present

Frank Malagisi – absent

Mike Frasier - absent

Others in attendance: Kenneth Tucker

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. Pete Welker made the motion and Doug Purcell 2^nd the motion. All board members agreed.

Chairman Ken Coirin advised that the Town of Caroga Board of Appeals was meeting to hear variance applications. The hearing is two part hearings. The first part is a public session to hear the applicants and the public about the applications. The second part is an open session when the board members discuss the applications.

Chairman Ken Coirin advised that the Zoning Board of appeals was in public session to hear Application Z2013-03 by Kenneth and Patsy Tucker of 743 Swaggertown Rd Scotia NY 12302 of the property located at 438 Kasson Dr Caroga Lake NY 12032 and identified as Parcel # 52.15-3-2 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 pertains to the maximum lot coverage which is 10% in LF 2.5.

Owner desires to: Install a Prefabricated Garage.

Mr. Coirin asked Mr. Tucker to explain what he wanted to do. Mr. Tucker stated that he wants to install the pre-fabricated garage as protection for his vehicle. He stated that he included with his application details of the pre-fabricated garage he wants to install. It is 26 feet by 22 feet and built of heavy gauge metal and built to with stand high winds and heavy snow loads. It will be installed on the ground and eventually he will have the area underneath covered with asphalt.

Pete Welker verified with Mr. Tucker the exact pre-fabricated garage he wants to install. Mr. Tucker stated that he included the manufactures advertisement with his application and pointed out the one he wants to install. Ken Coirin asked Mr. Tucker to confirm the full dimensions of the existing cottage and shed on the property. Mr. Tucker stated that the cottage is 19.6 feet by 42 feet and the shed is 8 x10 and 10 x 12 feet.

Ken Coirin closed the public part of the hearing at 7:14pm and went into open session.

Doug Purcell stated that he calculated the lot size to be 16,420 sq ft. The Zoning Board members calculated the cottage to be 833.2 sq ft and the shed is 200 sq ft for a total coverage of 1033.2 sq ft for the existing structures. The pre-fabricated garage is 22 ft x 26 ft and would be 572 sq ft. The total coverage will increase to 1605.2 sq ft and determined well within the allowed increase in coverage for the size of the property.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2013-03 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 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 a no vote would deny the variance.

The voting results are as follows;

Ken Coirin – yes

Doug Purcell - yes

Pete Welker – yes

Mr. Coirin advised the applicant that application Z2013-03 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The Zoning Board Chairman will review the decision with the Town of Caroga Code Enforcement Officer and will determine if it goes to the APA for their review and final decision. The APA has up to one hundred and eighty (180) days upon receipt of the application paperwork to respond with their decision for approval or denial.

Chairman Ken Coirin asked for a motion to close the hearing at 7:18pm. Doug Purcell made the motion and Pete Welker 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary