Zoning Board of Appeals April 24, 2014 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 – present

Mike Frasier - absent

Others in attendance: Daniel and Carla Izzo

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 Z2014-01 by Daniel and Carla Izzo of 136 Beech St Mayfield NY 12117 of the property located at 357 County Hwy 137 Caroga Lake NY 12032 and identified as Parcel # 99.-1-30.25 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code. Property is located in a R8.5 zoning district which sets the maximum building height of 35’. Building height is at issue.

Owner Desires to: Build a Single Family Dwelling

Mr. Coirin asked the Izzo’s to explain what he wanted to do. Daniel Izzo explained he wanted to build a two (2) story single family dwelling. The basement will be nine (9) feet high with walk out exit that makes the total height of the structure over the corner where the walkout exit is located 39’. Mr. Izzo stated that the convenience of a walkout basement exit is necessary makes it easy for storage or moving out of lawn maintenance equipment or water sports equipment. All other corners of the structure will be thirty (30) feet high. He is requesting a variance of four (4) feet for the one corner of the structure.

Ken Coirin asked if there was any correspondence for this application and the secretary replied there was none.

Ken Coirin closed the public part of the hearing at 7:05pm and went into open session.

Ken Coirin asked if there was any questions or comments. All the members replied they have been to the property to review the site, the request for a variance is reasonable and are satisfied with the application and had no other questions or comments.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-01 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. Frank Malagisi made the motion to approve the application as presented and Doug Purcell 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

Frank Malagisi - yes

Mr. Coirin advised the applicant that application Z2014-01 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The application 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 7:10pm. Doug Purcell made the motion and Pete Welker 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary