Zoning Board of Appeals June 12, 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 – absent

Frank Malagisi – present

Mike Frasier - present

Others in attendance: Mary Ellen Charles and Linda Gilbert

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 application. 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 Z2014-02 by Mel Charles of PO Box 751 Caroga Lake NY 12035 of the property located at 2144 State Hwy 10 Caroga Lake NY 12032 and identified as Parcel # 83.6-12-9 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.

Owner Desires to: Install a sign, height of posts to be 72” high and sign is 48” x 32”.

Mr. Coirin asked the applicant what she wanted to do. Ms. Charles explained that she wanted to put up the sign that would promote her real estate business. She explained where she wanted to locate the sign and gave the board members a copy of the survey map of the property. She explained that the survey map might be slightly skewed which would alter the right of way lines She researched DOT survey maps and was told that maps from 1920, 1930 and 1943 were archived in Utica NY. She states that DOT regulations require that the sign is to have a 25’ setback.

Linda Gilbert spoke to say that she drives past the location of the real estate office daily. She stated that she does not disapprove of the business sign but the provisions of the Town Ordinance must be followed for signage and setback. DOT is also expressed concern for the location of the proposed sign and location. She, along with Mary Ellen Charles reviewed the survey map of the property and agreed it was slightly skewed. Ken Coirin stated the postal address of the property location on the corner of Summit Ave and St Hwy 10 was left to the resident to choose which they wanted.

Mary Ellen Charles stated that signage is already an issue but New York State Law requires that she must clearly post that she is a Licensed Real Estate Broker and that is the reason she gas multiple signs.

Ken Coirin asked if there was any correspondence for this application and the secretary replied that there was 3 letters. A note referencing a phone message left by Tina Herrick Culver and a personal visit to the Town Of Caroga Town Clerks office was expressing her concern with the sign. She stated she would not be opposed to a sign similar to the one that is used on the building owned by Canada Lake Computers. She feels it should be a small unobtrusive sign and that allowing anything different would set a precedent for future owners. A letter submitted by Steve Putman, Town of Caroga Highway Superintendent, asking that he be consulted on any matter that involves decisions for right a-ways and setbacks for the maintained edge of the roads. He requested that the minutes contain a written statement from him or reflect that he was in attendance to discuss any of the above matter. It was determined by the board that his request does not pertain to this matter because the property is located on a state highway.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:11PM and when into open board discussion.

Doug Purcell asked if the sign would be 2 sided. Mary Ellen Charles confirmed that it would be. Frank Malagisi asked about the lighting for the sign. Ms. Charles stated that she is considering solar lighting. Ken Coirin asked if she planned on living at the real estate office. Ms. Charles stated that her living there would be seasonal depending on business. She also stated that she knows changes are being discussed and may be coming to the town regarding signage. She used the Caroga Marina as an example. Frank Malagisi and Ken Coirin stated that the marina, store and sign was ruled allowable by a judge was it was a previous business and as long as everything was contained within the same footprint as in the past.

Frank Malagisi stated his main concern is some of the restrictions with the signage and that signs that are currently on the door, porch, and on the front property.

Frank Malagisi stated he is thinking of the neighbors as he expresses his and concern with the lighting of the sign. Mary Ellen Charles states that she would use a solar light for the sign and was thinking about planting trees on the boundary. Frank Malagisi stated he is still concerned with the lighting. Doug Purcell asked if she would consider using reflectors on the sign and she agreed that it would be a good idea. All the board members agreed that it would be a good idea for reflectors instead of lights for the sign.

Frank Malagisi stated he is ok with the open and closed sign in the door but stated that the other signs need to go. For Sale signs must be put away out of sight when not in use for property sales.

Doug Purcell stated that he realized that better signage is needed to promote the business but must comply with the right of way setback. Linda Gilbert states that the DOT right of way line is from the middle of the driveway. Ms. Charles states that a DOT representative from Fultonville said that the measurement for the right of way setback of 25’ is from the center of the highway and showed the rough location of where the sign could be placed on the survey map. Frank Malagisi states he would want that clarified by DOT and that would be for an approval on this decision to move forward. Ken Coirin stated that the board can for forward on the decision with stipulated restrictions for approval. Frank Malagisi states that he would make a motion for approval with the stipulated restrictions for the sign to include the Licensed Real Broker info, only reflectors used, no lighting, removal of the current signs on the porch, railings, structure and ground and DOT and Town Code Enforcer approval of the location. Ken Coirin asked the secretary to read back the stipulated restrictions so all the board members were clear on what was said. Doug Purcell said he would 2^nd the motion this way and all the board members agreed to proceed.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-02 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.

Frank Malagisi stated that the applicant stay within the stipulated restrictions and 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 with the stipulated restrictions 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

Mike Frasier – yes

Frank Malagisi - yes

Mr. Coirin advised the applicant that application Z2014-02 for a variance was approved by the Town of Caroga Zoning Board of Appeals with the following stipulations;

That License Real Estate Broker is on the sign
That no electrical or solar lighting is used on the sign. Only reflectors will be allowed.
That the applicant must remove the current signs. This includes on the porch, ground, railing and structure.
That the DOT and the Town Code Enforcer gives approval of the location.

Chairman Ken Coirin asked for a motion to close the hearing at 7:33pm. Frank Malagisi made the motion and Doug Purcell 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary