Zoning Board of Appeals January 7, 2016 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 – absent

Frank Malagisi – present

Mike Frasier - absent

Others in attendance: Walter Hogan and Shelia Yates Town of Caroga Code Enforcement Officer

Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Doug Purcell made the motion and Frank Malagisi 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 Z2015-06 by Walter and Patricia Hogan of 3 Walnut St Cooperstown, NY 13326 of the property located at 196 East Shore Rd West Caroga Lake NY and identified as Parcel # 83.6-9-4 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 has a building setback from the shore of 50’.

Owner Desires to: Build a 12’ x 14’ deck.

Mr. Coirin asked the applicant what he wanted to do. Walter Hogan explained he wanted to add the proposed 12’ x 14’ deck to the lake side of the structure for an easier entrance and exit. He explained that some of his family members have a disability and the proposed deck would make a better and safer entrance and exit for them. He also stated that where he is proposing the deck there was a 6’ x 6’ deck which he removed a long time ago because of its condition.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied there was 3 letters regarding the application. The 3 letters were from Dominick Andriola, Erika and Charles Stuart and Richard Klein. All 3 are neighboring property owners and each letters states that they no objection to the Hogan’s proposed deck and all 3 are in favor of approving the application for a variance. A detailed copy of each letter will be filed with the application.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:05pm and when into open board discussion.

Chairman Ken Coirin asked the applicant if he had considered any other options for the proposed deck and the applicant replied there was no other option. Ken Coirin advised the applicant that the previous 6 x 6 deck that was originally attached and removed from the structure was done over 2 years ago and cannot be included or “grandfathered” in as coverage. The applicant’s property is in a zoning district that has a 50’ shoreline setback and the proposed deck would only be 20 feet from the shoreline. Ken Coirin stated that the variance would be huge and is not feasible and Doug Purcell and Frank Malagisi both agreed. Ken Coirin stated that even if the board considered allowing the variance the APA would have issues with the application and not allow it because of the current zoning regulations for shoreline setbacks. Frank Malagisi asked the applicant if he had considered using pavers for the area and steps to the structure. The applicant stated he had not considered pavers. Ken Coirin asked the applicant if he would consider a unattached deck of 10’ x 10’ and the applicant replied that with 3 doors that enter and exit from the structure he could not and it would be not safe for his family. Frank Malagisi stated if the applicant would reconsider pavers or the reduced size deck the board would need to consider a variance for steps.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2015-06 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.

Frank Malagisi stated that yes, pavers could be considered and Ken Coirin and Doug Purcell agreed and both also replied yes.

3. Whether the requested area variance is substantial.

All Board members agreed and replied yes.

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 stated that before the board votes he wanted to ask if pavers could be considered and then a variance would only be needed for steps. The board members stated that with the location of the doors of the structure it is a safety issue. The board members stated that they would need to deny the proposed 12’ x 14’ deck unless the applicant would consider amending the application to avoid reapplying for another variance. The applicant Walter Hogan stated that he would appeal the denial and questioned why his application would be denied when he sees other structures in the area with decks that are as close or closer then what he is proposing. Ken Coirin stated that the Zoning Board of Appeals can only review what comes before the board for decks and cannot say whether any of the decks were pre-existing. Town of Caroga Code Enforcement Officer Shelia Yates stated that the applicant’s property is already within the 50’ setback. It was suggested that the applicant send a letter to the APA and explain that the deck he is proposing to build is for the safety of his family entering and exiting the structure and their disabilities and Walter Hogan stated he will do that.

Frank made the motion to deny the application as written and Doug Purcell 2^nd the motion.

Mr. Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would deny the variance and a no vote would approve and grant the variance.

The voting results are as follows;

Ken Coirin –yes

Frank Malagisi – yes

Mike Frasier - yes

Mr. Coirin advised the applicant that application Z2015-06 for a variance was denied by the Town of Caroga Zoning Board of Appeals.

Chairman Ken Coirin asked for a motion to close the hearing at 7:26pm. Ken Coirin made the motion and Doug Purcell 2^nd the motion.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary