Zoning Board of Appeals April 9, 2015 Minutes

Chairman Ken Coirin opened the public 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 - present

Others in attendance: David D’Amore.

Ken Coirin asked for motion to approve the minutes from the previous hearing held 11-6-14. Doug Purcell made the motion to approve the minutes and Frank Malagisi 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.

Chairman Ken Coirin advised that the Zoning Board of appeals was in public session at 7:11pm to hear Application Z2015-01 by Martin Foster & Tracey Caprice-Foster 29 Mallard Drive Mt. Laurel, NJ 08054 of the property located at 344 South Shore Road East Caroga Lake NY and identified as Parcel # 83.14-1-22.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 7 Section 7.021 Paragraph 2 of said code as it pertains to side yard and shoreline setbacks.

Owner Desires to: Construct a two story addition to the existing house.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied there was none.

Mr. Coirin asked if there was anyone present to speak for the application. David D’Amore stated he was representing the Fosters and was the architect for the proposed addition. He explained that the applicants wanted to add the proposed addition to create a bedroom on the 1^st floor of the home for safety reasons and easier access to the current bathroom. The 2^nd floor of the house has three (3) bedrooms which will become two (2) bedrooms and the part of the addition will become a new ½ bathroom. David D’Amore explained he contacted the Town of Caroga Code Enforcement Officer asking what the allowed amount of increase coverage for the proposed addition. He was advised that a formulation is used and was told that he was allowed 7.2 feet in increased coverage. Working with that formula he designed the proposed addition. The proposed addition has a height of 26’ 4” which falls within the currently allowed height of 35’ from the ground level. The setback is currently 14’ and with the proposed addition the setback will now be 8’. The entry will be reconfigured for easier access. The septic system and septic field will remain in the current location and a power pole will be moved and reset by the power company. Ken Coirin asked about two (2) “wings” that are on the plan off of the proposed bedroom addition. David D’Amore explained that they are 8’ high walls for a small deck off of the proposed bedroom for privacy so the applicants can sit outside of the bedroom to enjoy the view of the lake.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:06pm and when into open board discussion.

Chairman Ken Coirin asked if the members had any comments. Doug Purcell stated he was satisfied with the explanation of what the applicants wanted to do. Frank Malagisi stated that the proposed addition will not be any closer to the lake and he was good. Ken Coirin stated that he is satisfied with the height of the proposed addition.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2015-01 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. Pete Welker made the motion to approve the application as written and Frank Malagisi 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

Mike Frasier - yes

Mr. Coirin advised the applicant that application Z2015-01 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 advised have that the Zoning Board of Appeals must make a decision whether to allow an extension for the Borcina application Z2014-05. At the hearing held 11/6/14 the applicant was asked to provide a survey of the property before a decision could be made. The application was tabled and the applicant was notified that they would have until April 15, 2015. The Borcinas contacted the Town of Caroga Code Enforcement Officer asking for an extension to get the survey completed. Due to the severe winter weather, the surveyor, David Ackerbauer, has not been able to complete the job. It was confirmed that David Ackerbauer was hired to do the survey and planned to have it completed by the end of the month. Chairman Ken Coirin stated he will allow the extension until April 30^th. All Zoning Board of Appeals members agreed.

Chairman Ken Coirin asked for a motion to close the hearing at 7:12pm. Doug Purcell made the motion and Frank Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary