Zoning Board of Appeals October 2, 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: Shelia Yates Town of Caroga Code Enforcement Officer, Linda Gilbert Town of Caroga Town Clerk, Kathy and Dave VanVolkenburg, Jim Selmser, Tim Warner, Fred Franko, Frank Garger, John and Darlene Zambri, Guy and Joy Borcina, Peter Manns and Jeremy Manning.

Chairman Ken Coirin asked for a motion to accept the previous minutes as written. Pete Welker made the motion and Doug Purcell 2^nd 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.

#1 Chairman Ken Coirin advised that the Zoning Board of appeals was in public session to hear Application Z2014-05 by Joy Borcina of PO Box 795 Caroga Lake NY 12032 of the property located at 217 N. Shore Rd West Stoner Lake NY 12032 and identified as Parcel # 12.17-1-13 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 located in a LF-1 district of said code.

Owner has added decks to the structure. Structure is within the shoreline setback.

Mr. Coirin asked the applicant to explain what she wanted to do. Joy Borcina stated that her husband will explain. Guy Borcina explained that he bought the property in 2006 and gave plans for the decks to then Town of Caroga Code Enforcement Officer Mike Heberer. He stated that when he not heard back he assumed that the plans were ok and he removed the overhang roof and built an open deck and built a 10’ x 10’ deck on the side for easier access for family and for his wife to be able to feed birds in the area more easily. He stated that he now realizes that the installation of the decks had to be approved and that is why he and his wife are now here before the ZBA. Guy Borcina stated that he planned another deck and talked to Tor Shekerjian who was then the Town of Caroga Code Enforcement Officer. He gave the ZBA members some photos of the structure showing what the structure looked like at the time of purchase and why he added the decks.

Ken Coirin asked if there was any correspondence for this application and the secretary replied that there was 3 letters for this application. ZBA board member Doug Purcell read the letters. The first letter was from Beverly Stautzenbach and stats that she owns property at 225 North Shore Rd West Stoner Lake and is part owner of the property adjacent to the Borcina property. She states that she has no objection to the decks added to the property but believes that all required permits should be obtained and the property is surveyed to resolve and future property line issues. The 2^nd letter was from John Garger and Carol Mark. They state that the application for a building permit and variance for the decks already built should be denied for reasons that the applicants built the present decks with willful disregard with the APA regulations and local building codes, will not allow for proper inspection for construction specifications, will be a validation of “double standard” shown to local residents versus seasonal residents, that it effects the allowable lot coverage and would encourage other property to act own their own for future construction without proper permits. The 3^rd letter was from Frank Garger and states 11 different points that include the length of time that this issue has being going on, that the Borcina’s were hard to get ahold of to respond to the issues, the number of changes made to the camp since their purchase without permits and meeting the required setbacks for zoning. Point is that the Borcina’s should have had the property surveyed so that all the property lines would be properly marked. Frank Garger also pointed out that as a partial owner of the adjacent property he was not, but should have been notified in writing of the Borcina matter being heard this evening. Guy Borcina asked who the 2^nd letter was from again stating that he did not know the person. Doug Purcell stated that he was just reading what is written as required.

A detailed copy of each of the 3 letters will be included with the above application.

Joy Borcina gave the ZBA board members additional photos and sale information from when they purchased the property in 2006 showing the condition of the structure and its need for repairs. Frank Garger stated that there has been other work done on the structure that has not been permitted. He also states that there has been many attempts by the towns code enforcement officers to contact the Borcina’s with no response. The Borcina’s stated that they are commercial truck drivers and are away frequently but they have their cell phone number listed and stated they were not called to respond to any of the issues. Frank Garger stated that he remembers talking to the Borcina’s about the construction that was being done without a permit or proper inspection and commented that Guy Borcina said that it was all taken care of. Guy Borcina stated that he really did not clearly remember the conversation but was sorry if what he said was misunderstood. Joy Borcina asked why he has issues with them and why he has been seen taking pictures of their property. Frank Garger said that as a partial owner of the neighboring property he has issues with what the Borcina’s have been doing. Frank Garger questioned was he was not legally notified of this hearing. Town of Caroga Town Clerk Linda Gilbert stated that property owners within 250’ are notified of hearings and there are 6 people listed as owners of the neighboring property. Beverly Stautzenbach is one of the owners and whose address the tax notification goes to so she was sent a letter of notification for the hearing. It was clarified with the APA that standard procedure was followed for legal notification.

Kathy VanVolkenburg asked how it is determined what the side yard setback should be and whether it should be a 20’ or 12’ for allowable variance request. Ken Coirin stated that a property map is used along with present structures and what is being requested for a variance. Ken Coirin clarified that the hearing this is evening is for the variance request. It was suggested that the Borcina’s have a survey done to determine and clarify the property lines.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:23pm and when into open board discussion.

Ken Coirin stated that based on what he has seen that the old porch with the roof that has been removed and replaced with a deck is a preexisting structure and was rebuilt on the original foot print and is not an issue. The additional deck built on the front and the deck built on the side is the problem.

Frank Malagisi states that before the board members address the decks at issue he wants to see a survey done. There are no property markers showing the boundaries and he does not feel he can make a decision with this.

Guy Borcina stated that most the lots in this area are like this. Joy Borcina asked why the property boundaries were not an issue when they purchased the property in 2006. Frank Malagisi stated that the need for a survey at the time of purchase depends on the terms of the purchase agreement. They were advised to contact their lawyer or the bank they purchased the property from since the property boundaries are at issue.

Frank Malagisi made a motion that survey of the property be done and Doug Purcell 2^nd the motion. All board members agreed.

Chairman Ken Coirin advised that the Zoning Board of appeals was back in public session at 7:31PM to hear Application Z2014-06 by John and Darlene Zambri of 8250 State Rt 8 Little Falls NY 13365 of the property located at 129 Seven Oaks Rd Caroga Lake NY 12032 and identified as Parcel # 83.13-2-3 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 9 Section 9.010 Paragraph 01 of said code.

Owner Desires to: Enclose a 5’ x 12’3’ flat deck to create a 9” x 12’3’ enclosed porch. Structure will be 9 ½ feet from property line. Side yard setback should be 14 feet.

Chairman Ken Coirin advised that in reviewing the application the issues that need to be addressed have to be heard by the Town of Caroga Planning Board for Site Plan Review under Article 9 for a Non-Conforming Structure Use. Town of Caroga Code Enforcement Officer Shelia Yates stated that there are more issues to be reviewed than listed. Ken Coirin advised that the application must still be heard by the Planning Board. Mr. Zambri stated that he did not think this simple plan would be such a problem and asked what the planning board was and how long this will take. Ken Coirin stated that the planning board is local residents and a hearing will be scheduled as soon as it can be done within the legal requirements for notifications.

All the ZBA members agreed that the Zambri application Z2014-06 will be given to the Planning Board for site plan review.

Chairman Ken Coirin advised that the Zoning Board of Appeals will now hear Application Z2014-07 by Alan and Undine Fiedler of PO Box 391316 Mountain View CA 94039 of the property located at 376 S. Shore Trail Canada Lake Caroga Lake NY 12032 and identified as Parcel # 52.18-1-24 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 located in a LF 2.5 district and Article 9 of said codes.

Owner Desires to: Add a 15’ x 8’ deck, create a new dock and rebuild an existing shed all of which are located within the lake setback.

Mr. Coirin asked if there was anyone to speak for the application. Tim Warner, who is representing the Fiedler’s stated that he will explain what the Fiedler’s wanted to be as best as he can. He gave the ZBA members a number of proposed drawings showing the proposed deck. It was determined that this application must also be heard by the Town of Caroga Planning Board for Site Plan Review under Article 9 for a Non-Conforming Structure Use. Frank Malagisi suggested that the ZBA try to make a decision on some the issues. Ken Coirin stated that the application had to be heard by the Planning Board first before the ZBA can make any decisions.

All the ZBA members agreed that the Fiedler application Z2014-07 will be given to the Planning Board for site plan review.

Chairman Ken Coirin advised that the Zoning Board of Appeals will now review Application Z2014-08 by Stephen and Lynn Smith of 65 Stoney Hill Rd Amherst MA 01002 of the property located at 152 South Shore Rd Canada Lake Caroga Lake NY 12032 and identified as Parcel # 52.20-1-1 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 9 Section 9.010 Paragraph 01 of said code.

Owner Desires to: Alter roofline and modify (westerly facing) porch. Existing structure is almost entirely within the 75ft shoreline setback.

Mr. Coirin determined that this application must also be given to the Town of Caroga Planning Board for Site Plan Review under Article 9 for a Non-Conforming Structure Use. Fred Franko, who is representing the Smiths, asked if it was possible for the ZBA to review and make a conditional decision on the application. Ken Coirin advised that it was not possible and it must be heard by the Planning Board.

All the ZBA members agreed that the Smith application Z2014-08 will be given to the Planning Board for site plan review.

Chairman Ken Coirin asked for a motion to close the hearing at 7:46pm. Doug Purcell made the motion and Frank Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary