Zoning Board of Appeals September 3, 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 - absent

Mary,

I would propose the following changes

1^st paragraph –since the minutes were not available
Reverse the order of correspondence & Tim Mitchell’s description.

Doug

Others in attendance: Timothy and Susan Mitchell

Ken Coirin asked for motion to table reading the minutes from the previous hearing held 6/4. Doug Purcell made the motion and all 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 at 7:01pm to hear Application Z2015-02 by Timothy and Susan Mitchell of PO Box 10 Caroga Lake NY 12032 of the property located at 118 Barbour Road Caroga Lake NY and identified as Parcel # 52.14-2-26 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in a LF 2.5 district of said code as it pertains shoreline setback issue.

Owner Desires to: Modify a existing screen 30” x 12’ screened porch.

Mr. Coirin asked if there was anyone present to speak for the application. Tim Mitchell states that he wanted to expand a screened porch 30” x 12’ for more practical use.

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

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:02pm and when into open board discussion.

Chairman Ken Coirin asked if the members had any questions. Frank Malagisi states he wants it clarified that the screen porch was being expanded 30” x 12’. The notice was incorrect with 30’. Ken Coirin wanted it noted that there will be no holes dug or foundation. The modified screened porch will be cantilevered from the original structure. Tim Mitchell wanted it noted that there would be no impact to the neighbors or environment. The nearest neighbor is 140’ away and set in a wooded area with low visibility. The board members replied that they were satisfied with the information for the application and had no other questions.

Tim Mitchell.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2015-02 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.

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

Mr. Coirin advised the applicant that application Z2015-02 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 7:05pm. Doug Purcell made the motion and Frank Malagisi 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary