Zoning Board of Appeals December 5, 2013 Minutes

Zoning Board Chairman Ken Coirin opened the public session of the hearing at 7:04 pm. 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 – present

Mike Frasier - present

There were no others in attendance.

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 made the motion to waive reading and to accept the minutes as written. Pete Welker seconded 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 hearings are held in two parts. The first part is a public session to hear from 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 Z2013-04 by David and Elizabeth Cannon of 57 Shore Road e. Setauket NY 11732 of the property located at 334 South Shore Trail Canada Lake and identified as Parcel # 52.18-1-12 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in a LF 2.5 of said code as it pertains to the shoreline setback.

Owner desires to: Modify the previously approved 10 X 13 foot rear addition.

There being no one present to present the application, Ken Coirin asked it there was any correspondence relative to the application.

There being none, Ken Coirin closed the public part of the hearing at 7:10 pm and went into open session.

Pete Welker stated that while the increase in square footage for the proposed addition from 130 sq. ft. to 492 sq. ft. is within the 10% coverage allowance, the addition of 8 ft. of frontage barely 16 ft. from the shoreline is significant and a concern. All present confirmed this concern.

Frank Malagisi stated that his inspection of the site raised concerns with the proximity of the proposed addition to the access trail. Additionally, while the existing structure is close to the septic system, the proposed addition brings the building footprint another 8 ft. closer.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2013-04 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 felt that the originally approved variance request provided and feasible alternative and replied yes.

3. Whether the requested area variance is substantial.

All board members felt that the addition of 8 ft. of frontage 16 ft. from the shoreline was significant 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.

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 felt that by not pursuing the originally approved application, the difficulty was self-created and replied yes.

Mr. Coirin asked for a motion to vote. On the basis of the requested variance being a substantial request with the addition of 8 ft. frontage within 16 ft. of the shoreline and the difficulty being self created, Doug Purcell made the motion to reject the application and Pete Welker seconded the motion.

Mr. Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would reject 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

Frank Malagisi – yes

Mike Frasier - yes

Chairman Ken Coirin asked for a motion to close the hearing at 7:25 pm. Doug Purcell made the motion and Pete Welker seconded the motion.

Respectfully Submitted

Douglas H. Purcell, Jr.

Town of Caroga Zoning Board of Appeals

Note: Elizabeth Cannon arrived for the meeting at 7:30 pm indicating that it was her understanding the meeting was scheduled for that time. Mr. Coirin advised the applicant that meeting to review the application was set for 7 pm and that the application Z2013-04 for a variance was rejected by the Town of Caroga Zoning Board of Appeals. The discussion points and concerns were reviewed with the applicant at that time.