Zoning Board of Appeals April 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 – present

Frank Malagisi – absent

Mike Frasier - absent

Others in attendance: Daniel Lair, Walter Hogan and Linda Gilbert Town of Caroga Town Clerk.

Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Doug Purcell 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 7:03pm to hear Application Z2016-01 by Daniel & Sharon Lair of PO Box 821 Caroga Lake, NY 12032 of the property located at 620 South Shore Rd East Caroga Lake NY and identified as Parcel # 83.13-5-41 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 district of said code as *side yard setback and coverage are at issue*.

Owner Desires to: Build a 12’ x 16 Addition to an Existing Shed.

Mr. Coirin asked the applicant what he wanted to do. Daniel Lair explained that he wanted to add a 12’ x 16’ addition to an existing shed to store his classic car. The addition will be finished to match the existing shed.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied there was none. Town of Caroga Town Clerk Linda Gilbert spoke to say a letter was sent to a nearby property owner Mathew Hermance and returned unable to be delivered.

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 present members if they had any questions. Doug Purcell stated that he has no issues with the application. *The increased lot coverage is approximately 14 to 15% and will have no additional impact on the side yard setback as it is no closer than the existing structure*.

With no other comments Mr. Coirin stated to the board members that they will review the five criteria for application Z2016-01 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. Doug Purcell made the motion to approve the application as written and Pete Welker 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

Mr. Coirin advised the applicant that their application Z2016-01 for a variance was granted and approved by the Town of Caroga Zoning Board of Appeals. A copy of the application goes to the APA and they have up to Thirty (30) days after receipt to respond. This part of the hearing was completed at 7:12pm.

Walter Hogan requested that he be able to speak to the Zoning Board of Appeals. His application Z2015-06 was reviewed on 1/7/16 and denied by the ZBA. He was not satisfied with the decision based on the criteria and stated that there are other existing decks on the lake as close or closer to the lake then the deck he proposed building and questioned how can these decks be allowed and his be denied. Mr. Hogan stated that he has contacted the APA and was told that his property is located with the Hamlet Zoning and would have been returned noting the decision to allow the variance is within the authority of Zoning Board of Appeals.

Walter Hogan stated that he adjusted the size of the proposed deck and will be resubmitting his application. Mr. Hogan also submitted pictures of the decks in question at 129 Kirchens Grove Rd and 227 Kirchens Grove Rd. Ken Coirin stated that the concern for these decks must be brought to the attention of the Town of Caroga Code Enforcement Officer. Mr. Hogan stated that he does not want to cause problems with other property owners but his application was denied because of the lake front setback so these other existing decks should not be allowed either.

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

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary