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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
Vice Chairman Doug Purcell – present
Pete Welker – present
Frank Malagisi – present
Mike Frasier - absent
Others in attendance: Pauline Ryan, David St. Peter, Kerry Flynn, Kathleen, Flynn, James Divyan and Shelia Yates
Chairman Ken Coirin asked for a motion to accept the previous minutes as written. Doug Purcell made the motion and Frank Malagisi 2nd the motion. All members agreed.
Chairman Ken Coirin advised that the Town of Caroga Board of Appeals was meeting to hear variance applications. The hearings are 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 Z2014-03 by David St. Peter of 20 Heather Drive Gansevoort NY 12831 of the property located at 572 West Lake Rd Caroga Lake NY 12032 and identified as Parcel # 52.9-1-5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.
Owner Desires to: Construct a 16 x 20 deck and a 7 x 11 deck. Shoreline setback is at issue, as the entire structure is within the shoreline setback.
Mr. Coirin asked the applicant what he wanted to do. David St. Peter stated he purchased owns in June. He states that the outside of the house and any access to the house are in disrepair and unsafe. He plans to use the two proposed decks to improve access to the building. In addition, the proposed decks would provide an outdoor area to enjoy the lake view.
Ken Coirin asked if there was any correspondence for this application and the secretary replied that there was a letter from Bill and Karen Muller stating that they were in favor of the proposed decks as it would be an improvement to the property and to the area. Ken Coirin asked if there was anyone present who wanted to speak. Pauline Ryan stated she wanted speak to the Zoning Board of Appeals saying that she was in favor of granting the variance for the St. Peter application Z2014-03. She stated that she knows the property and its present condition and any repairs and improvements that include the proposed decks will be an enhancement to the neighborhood. She also stated that her son was in favor of the variance being granted. She read a note written by her but not given to the board to file with the application.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:07PM and when into open board discussion.
Ken Coirin asked Davis St. Peter to clarify the drawings he submitted for the proposed decks because there were 2 drawing submitted with the application. Mr. St. Peter stated that the first drawing was his first initial phase and concept of what he wanted to do and the 2nd drawing shows more clearly his final proposed plans. Ken Coirin noted that on the 2nd drawing the proposed steps were moved to the north side and that was a better location. David St, Peter stated that he moved the location of the steps for improved access.
Doug Purcell stated that it looked like there would be some excavation and what he planned to do with any excess dirt. David St Peter replied that any excess dirt would be pushed under the camp. Doug Purcell asked if he would consider cutting back the deck slightly so its visibility from the access trail would have less of an impact because of the location of the camp. St. Peter replied that his vision of the proposed decks was for a better and safer access to the house and a safe egress for both doors into the house. He would consider what is necessary for the variance to be approved.
Frank Malagisi asked where the location of the septic system was. David St. Peter replied it was located on the opposite side of the house and would have no impact of the proposed decks.
Mr. St. Peter was asked if he had the property surveyed when he purchased it. He replied that he had a survey done when he purchased his original house which is neighboring this property and he did not have another survey done when he bought this property. He gave the board members a survey map of the area which shows his current house and the one he purchased. He stated that he plans to keeps them as separate properties. The board questioned one property line which was not clear and asked for a current survey which will clearly showing a distinct line and setbacks dividing the 2 properties. Frank Malagisi stated that will avoid any future problems should either property be sold. Mr. St Peter agreed to have that done.
Ken Coirin asked for a motion to vote. Frank Malagisi made the motion to Table a decision on application Z2014-03 until the applicant can submit a current survey that would establish the line between the 2 properties. Doug Purcell 2nd the motion. All board members agreed. Mr. St. Peter was advised of the decision and agreed to have the survey done as soon as possible.
Chairman Ken Coirin advised that the Zoning Board of appeals was back in public session at 7:25PM to hear Application Z2014-04 by Marcus and Christine Wilson of 154 Second Ave Gloversville NY 12078 of the property located at 205 East Stoner Lake Rd Caroga Lake NY 12032 and identified as Parcel # 24.7-1-22 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: Replace existing asphalt stairs with wooden stairs and decking. Shoreline setback is at issue.
Mr. Coirin asked the applicant if there was anyone to speak for the application. James Divyan who is a neighbor of the applicants spoke to say he had no objection to the Wilsons application for removing the asphalt steps and replacing them with wooden steps. The present asphalt steps which drop approx. 6 feet to access the shore are covered with moss making the very slippery and a hazard to use. He could not understand how the previous owners of the property never slipped and had injuries from using the steps.
Ken Coirin asked if there was any correspondence for this application and the secretary replied that there was. A letter from Frank Garger was read and states he and his wife own the neighboring property and they have no objection to the Wilsons application. He confirmed that the camp sits up high and the steps are needed for safe access to the lake area. They would like to say that the steps and any proposed landing platform be setback at least 10 feet from any property sideline.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:27PM and when into open board discussion.
Frank Malagisi asked Mr. Divyan if he knew the stakes that he located on the property. He replied that one of the stakes divides the Wilson property from the Garger property and he believes that the other stake is the high water mark stake. Frank Malagisi commented that the removal of the asphalt steps that are a hazard will be a good improvement and the board members agreed. Frank Malagisi asked if the proposed platform would be at ground level and Mr. Diyvan confirmed that. The proposed plans show that the replacing wooden steps will be exactly where the present asphalt are and end in the same exact place which are 7’ from the existing dock and will not be connected.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-04 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 agreed and replied no.
3. Whether the requested area variance is substantial.
Ken Coirin stated that the steps would be no closer and 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 variance with the stipulation that the replacement stairs are exactly as shown and built no closer.
and 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
Doug Purcell – yes
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-04 for a variance was approved by the Town of Caroga Zoning Board of Appeals.
Chairman Ken Coirin asked for a motion to close the hearing at 7:36pm. Frank Malagisi made the motion and Doug Purcell 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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