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Chairman Ken Coirin opened the public hearing at 6:30pm. Members of the Zoning Board of Appeals in attendance by roll call were:
Chairman Ken Coirin - present
Vice Chairman Doug Purcell – absent
Pete Welker – present
Frank Malagisi – present
Mike Frasier - absent
Others in attendance: Darlene and John Zambri, Fred Franko, Jim Selmser, Alan Fiedler, Sharon Borrell and Shelia Yates Town of Caroga Code Enforcement Officer.
Ken Coirin advised that the Zoning Board of Appeals members will waive the reading of the previous minutes and all present board 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. Ken Coirin stated that this application was previously heard on 10/28/14 and was Tabled until the applicant can provide a survey for the property lines.
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
Chairman Ken Coirin asked if there was anyone to speak for the application and there was no one. Ken Coirin asked if there was any correspondence and the Zoning Board Secretary replied that there was one letter. A letter from Bill and Susan Muller was read and stated that they think the decks would be a nice improvement and support approving and granting the variance for the St. Peters.
Ken Coirin closed the public part of the hearing at 6:35pm and went into open discussion.
Town of Caroga Code Enforcement Officer Shelia Yates stated that she was sent a survey of the St. Peter property that showed the property line that was questioned now has new markers and stakes placed. St. Peter did not have the complete property surveyed due to costs. After reviewing the survey Ken Coirin and Frank Malagisi stated that they were both satisfied with markers on the property line that was the issue. Pete Welker asked if this is adequate since the applicant was asked for a complete survey of the property at the prior hearing on 8/28/14. Frank Malagisi stated that he visited the property and the line that was questioned was clearly marked and was satisfied. Ken Coirin asked if the board members were satisfied with the information and the survey done by NE Land Survey Consultants and submitted by David St. Peter The members present replied that they would accept the survey.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-03 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. Pete Welker made the motion to accept the survey and application as written and approve the application and Ken Coirin 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-03 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The applicant will be advised that the application is sent to the APA. Upon receipt, they have up to 180 days to review the application and respond with their approval or denial.
Chairman Ken Coirin advised that the Zoning Board of appeals was in back in public session at 6:40pm 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.
It was noted at the hearing previously heard 10/2/14 that applicant was requested to provide a survey of the property and the application was tabled.
Ken Coirin asked if there was anyone present to speak for the application and there was no one. Ken Coirin closed the public part of the hearing at 6:42pm and went into open session.
The applicant has not had the property surveyed yet. Ken Coirin asked for a motion to vote and Table application Z2014-05. Frank Malagisi made the motion and Ken Coirin 2nd the motion.
Voting results are as follows;
Ken Coirin – yes
Pete Welker - yes
Frank Malagisi - yes
Chairman Ken Coirin advised that the Zoning Board of appeals was back in public session at 6:44pm 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 asked if there was anyone to speak for the application. John Zambri explained that all he wanted to do was enclose a existing deck that is 5’ x 12’ and have a 9’ x 12’ mudroom entrance to the camp. There is also a small platform attached to the deck that is used and will be removed. Jim Selmser who is a neighbor of the Zambri’s stated that he is in favor of what the Zambris want to do. It would be an improvement to the structure and they would be building closely within the footprint. Ken Coirin asked if there was any correspondence and the Zoning Board Secretary replied that there was none.
With no other comments Ken Coirin closed the public part of the hearing at 6:46pm and went into open discussion.
Frank Malagisi stated that the proposed enclosing of the deck will be no closed to the lake. Pete Welker stated that the variance is only for a few feet.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-06 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. Pete Welker made the motion to accept the application as written and approve the application and Ken Coirin 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-06 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The application will be forwarded to the Planning Board for Site Plan Review for Article 9 Section 9.010 Paragraph 01. The application is sent to the APA for the Zoning Variance. Upon receipt, they have up to 180 days to review the application and respond with their approval or denial.
Chairman Ken Coirin advised that the Zoning Board of Appeals was back in public session at 6:51pm and 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.
Ken Coirin stated that at the hearing previously heard 10/2/14 they board reviewed the dock and portion of the steps. Shelia Yates, Town of Caroga Code Enforcement Officer said she had an update on the coverage at issue. It was clarified that a portion of pre-existing shed is ½ on land and ½ over the water. Ken Coirin asked if there was anyone to speak for the application. Mr. Fiedler stated that he wants to replace ½ of the docks and removing a portion of them. He wants to replace the shed and steps leading to the dock. Ken Coirin asked why he was angling part of the steps. Mr. Fiedler he will be using the pre-existing piers. Ken Coirin asked if there was any correspondence and the Zoning Board Secretary replied that there was none.
With no other comments Ken Coirin closed the public part of the hearing at 6:55pm and went into open session.
Pete Welker stated that the camp already had steps and Frank Malagisi asked Mr. Fiedler if he planned on connection the proposed steps to the existing steps and Mr. Fiedler replied no. Frank Malagisi commented that the applicant would be rebuilding the shed where the pre-exiting shed is located which is ½ on land and ½ over water but in the same footprint. He asked Mr. Fiedler what the construction material would be and he replied it would be out of pressure treated lumber. Pete Welker expressed a concern on the steps on the water but stated that they would be replacing the 3’ x 5’ pre-existing steps. Ken Coirin asked if the steps would be connected to the 15’ x4’ dock and Mr. Fiedler replied no that they would be separate structures. Pete Welker still had concerns with the steps. Frank Malagisi asked Mr. Fiedler if the steps would have railings. Mr. Fiedler stated that the present railings have slats with chicken wire and he plans on the same for the new proposed steps.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-07 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 accept and approve the application as written as long as the steps are not connected and the shed stays within the same footprint and Ken Coirin 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-07 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The application will be forwarded to the Planning Board for Site Plan Review for Article 9 Section 9.010 Paragraph 01. The application is sent to the APA for the Zoning Variance. Upon receipt, they have up to 180 days to review the application and respond with their approval or denial.
Chairman Ken Coirin advised that the Zoning Board of Appeals was back in public session at 7:02pm 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.
Ken Coirin asked if there was anyone here to speak for the application and Fred Franko stated that he was here to represent the Smiths. He explained that the present entry has to cover. The plan is to replace a pre-existing roof that has been an issue and extend it out over the present deck. The roof line will be no higher than the existing one. Ken Coirin asked if there was any correspondence and the Zoning Board Secretary replied that there one notice of the hearing sent to a property owner but was returned undeliverable.
Ken Coirin closed the public part of the hearing at 7:10pm and went into open discussion.
Pete Welker commented that he has no problem with the roof line change. His concern is the added structure within the 75’ setback of the water because of the proposed entrance of 8’ x 8’ Although it is adding only 64sq ft it is within the 75’. Frank Malagisi stated that the new roof is good sense in his mind given the snow load for the area. Pete Welker stated that the steps attached to the entrance are also part of the structure but together with the entrance would still be within 100 sq ft. The concern is the setback.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-08 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 accept and approve the application as written as long as the steps are not connected and the shed stays within the same footprint and Ken Coirin 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-07 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The application will be forwarded to the Planning Board for Site Plan Review for Article 9 Section 9.010 Paragraph 01. The application is sent to the APA for the Zoning Variance. Upon receipt, they have up to 180 days to review the application and respond with their approval or denial.
Chairman Ken Coirin advised that the Zoning Board of appeals was in public session at 7:11pm to hear Application Z2014-09 by Sharon & Ronald Borrell PO Box 696 Caroga Lake NY 12032 of the property located at 2287 State Highway 10 Caroga Lake NY 12032 and identified as Parcel # 83.9-5-7 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code. Parcel is located in a LF 2.5 district.
Owner Desires to: Demolish existing garage and construct a 16 x 24’ garage. Maximum lot coverage of 10% is at issue. New structure would meet side yard and rear setbacks
Mr. Coirin asked the applicant if there was anyone to speak for the application. Sharon Borrell stated that they want to do rebuild a garage slightly bigger than the existing one for additional storage. The garage will be located further from the side yard line.
Ken Coirin asked if there was any correspondence for this application and the secretary replied that there one hearing notice sent and was returned undeliverable.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:14pm and when into open board discussion.
Frank Malagisi stated that he has no concerns with the proposed garage and that it will be built further from the side yard line and Pete Welker agreed.
With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2014-09 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. Pete Welker made the motion to approve the application as written and Frank Malagisi 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that application Z2014-09 for a variance was approved by the Town of Caroga Zoning Board of Appeals. The applicant is advised that the application is sent to the APA. Upon receipt, they have up to 180 days to review the application and respond with their approval or denial.
Chairman Ken Coirin asked for a motion to close the hearing at 7:20pm. Frank Malagisi made the motion and Pete Welker 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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