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Zoning Board of Appeals October 22, 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 – absent

Pete Welker – absent

Frank Malagisi – present

Mike Frasier - absent

Others in attendance: Shelia Yates Town of Caroga Code Enforcement Officer, Charles and Linda Lawlor, Sharon Bressette, Guy Borcina, Dave and Kathy Vanvaulkenburg and Frank Garger.

Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Frank Malagisi made the motion and Ken Coirin 2^nd the motion and 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 at 7:00pm to hear Application Z2015-04 by Charles and Linda Lawlor of PO Box 409 Caroga Lake NY 12032 of the property located at 109 Broadway Road Caroga Lake NY and identified as Parcel # 83.5-1-16.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 in a Resort district of said code as it pertains to rear yard setback.

Owner Desires to: Build a Garage.

Mr. Coirin asked the applicants what they wanted to do. Charles Lawlor explained that now that he and wife are living here year round he wanted to remove 2 existing storage structures and build a garage.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied there was one notice sent to Peterson Warren but was returned undeliverable with no forwarding address.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:03pm and when into open board discussion.

Chairman Ken Coirin asked if the members had any questions. Frank Malagisi asked the applicant to clarify the height of the garage. Charles Lawlor stated that the height is approx. 20 feet. Frank Malagisi states that is good since there is a 35 foot height restriction for new construction and Mike Frasier and Ken Coirin stated they were satisfied with that too.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2015-04 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.

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.

Shelia Yates wanted to add that the back of the proposed garage will be 10’ away for the lot line and not 6’ as indicated on the map.

Mr. Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application as written and Mike Frasier 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

Frank Malagisi – yes

Mike Frasier - yes

Mr. Coirin advised the applicant that application Z2015-04 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 that the Zoning Board of appeals was back in public session at 7:08pm to hear Application Z2014-03 by Joy and Guy Borcina of PO Box 795 Caroga Lake NY 12032 of the property located at 217 N, Shore Rd West Stoner Lake Caroga Lake NY 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. Decks are entirely within setbacks.

Owner Desires to: Keep portion of decks previously ordered to be removed.

Mr. Coirin asked Guy Borcina to explain the decks. Guy Borcina explained that the decks, landing and steps were added to make a safer entrance and exit to the structure for family.

He states that he has removed the steps and has agreed to cut the 10’ deck back to the pre-exiting 8’ on the west side of the structure. Frank Malagisi stated that with the survey done it clarifies the property lines that were in questions and clears up some of the questions. Frank Malagisi also states that he understands the applicant’s agreement to cut back the 10’ deck to the pre-exiting 8’. Guy Borcina states that he does not believe the decks change the characters of the neighborhood as described in the criteria. Kathy Vanvaulkenburg asked to clarify if the landing deck in question was on the side where the property drops off and it was stated yes. Frank Malagisi states that he is ok now with the east side yard setback of 12’ 9” from line as shows on the survey map. Kathy Vanvaulkenburg asked if that setback is ok now and the board members confirmed yes and that the water side is what is at issue. Chairman Ken Coirin asked if there as any other comments. Frank Garger replied that his comments are submitted in a letter for the board to read.

Chairman Ken Coirin asked the Zoning Board of Appeals Secretary to read the letter submitted by Frank Garger as part of the correspondence for this application. She noted that there was also a copy of the original denial notice for the decks issued 9/14/14 The letter by Frank Garger states that he once again wants to be put on the record that he is opposing the granting of any variance for the decks constructed by Guy Borcina. He does not understand that a decision was made on 6/11/15 that Borcina was given 120 days to remove the decks, was not done and how a revised variance request can change a decision from the Zoning Board of Appeals. He states that any variance should be denied. He feels that even though Guy Borcina states that he will cut back the 2 feet from the deck this changes nothing. The structure and decks in question are within the 75’ setback regulations now required by the APA. This has been ongoing for three years and questions how many chances do the Borcina’s get for compliance. A detailed copy of the letter is available for review with the application.

Frank Garger states he does not understand how this can be allowed with the regulations set by the APA requiring a 75’ setback for all structures.

Frank Malagisi states that this is already a pre-exiting and non-conforming structure. Any construction comes under review by the Zoning Board of Appeals. Kathy Vanvaulkenburg was this is an issue when she sees many structures and decks on or over the water. Franks Malagisi and Ken Coirin states that regulations may be different for zoning districts within the Town of Caroga and many of the structures are already pre-exiting and non-conforming. Frank Garger asks how even the 8 foot deck can be allowed still. Town of Caroga Code Enforcement Officer wants to states that there was originally a retaining wall where the deck now exists but was removed by previous owners causing an erosion issue..

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:25pm and when into open board discussion.

Ken Coirin states that the applicant has agreed to cut back the 10’ deck 2’ to the pre-exiting 8’. Frank Malagisi states that he measured the deck and confirmed that the steps have been removed but the 3’ x 7’ x 10’ landing must be removed. He states that a variance for 5’ 2” for the side yard setback need to be voted on and he has no problem with that since the survey map details the property lines. Ken Coirin and Frank Malagisi both states that the 10’ deck must be cut back to the pre-exiting 8’. The erosion issue must be addressed with DEC by the applicants.

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

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.

Frank Malagisi replied no as with the deck being cut back 2’ from the high water side and 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 states that with the 2’ being cut back as stipulated and agreed to it is not substantial 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.

Ken Coirin stated no with the steps and landing being removed and all board members agreed and replied no.

Ken Coirin replied yes but in agreement with the guidelines and the applicant meeting the stipulations then replied no and all board members agreed and replied no.

Mr. Coirin asked for a motion to vote. Frank Malagisi made the motion to approve a 5’ 2” variance for the deck on the east side of the structure and the following conditions that require the removing of the landing and steps and that the 10’ deck on the west side is cut back to the pre-existing 8’, pay all permit fees applicable and all within a agreed to time frame. With discussion with the applicant and Town of Caroga Code Enforcement Officer Shelia Yates it was agreed to that the applicant must comply with all the conditions by May 1, 2016. Mike Frasier 2^nd the motion. Voting results are as follows;

Ken Coirin –yes

Frank Malagisi – yes

Mike Frasier - 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 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 7:43pm. Frank Malagisi made the motion and Mike Frasier 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary