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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: Burt Wilson, Andrew Wilson, Richard Sturgess, Jennifer Lair, Glen Wiacek, Wendy Gill, John Pawlows, Dan Tantalo, Barbara MacFee, Ellen Lair and Beth Morris
Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Doug Purcell made the motion and Pete Welker 2nd 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 rehear Application Z2016-03 by John Parslows of PO Box 104 Niverville, NY 12130 of the property located at 240 County Hwy 111 Caroga Lake NY and identified as Parcel # 68.9-2-7 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.031 district of said code. This application was previously heard June 16th and was tabled for further review. Chairman Ken Coirin asked the present board members if they all agreed to rehear this application. Pete Welker made the motion to agree and Doug Purcell 2nd the motion and all present board members agreed.
Owner Desires to: Build a Garage.
Mr. Coirin asked if there were any additional comments from the applicant or the public regarding this application that were not previously discussed at the hearing on June 16th.
Dan Tantalo asked if he may speak and how long he was allowed to comment. Ken Coirin replied that the board hears all comments from the public but within a reasonable amount of time. Dan Tantalo speaking for John Pawlows stated that the application for the proposed garage is now become a time factor and the essence to reach a decision is necessary for the weather in this area. He stated that the proposed garage has been discussed with different code enforcement officers and with different answers. The present zoning ordinance requires a variance. He stated that if the new proposed zoning variance is approved the proposed garage would not need a area variance and this hearing would not be necessary. He stated that this delay in decision is causing a hardship for the applicant as he trying to maintain several properties as described in the letter submitted to the board. He wants to be able to store away his boat, trailer and jet ski for the winter and not leave them outside covered with tarps. Ken Coirin clarified that the applicant is seeking a use variance. Glen Wiacek stated that his issue is allowing just a garage with no dwelling in an area zoned residential. By allowing this it could lead to other garages and then accumulating of junk outside of the garages. He does not understand how it could be a hardship for the applicant. John Pawlows stated that his hardship is trying to maintain several properties. He also stated that he is in the process of trying to sell his primary residence so he can live here year round.
Chairman Ken Coirin asked if there was any further correspondence for this application and the Zoning Board of Appeals Secretary replied that there was no other correspondence but the applicant submitted a letter for the board members to review showing hardship. Ken Coirin stated that he and the board members each had a copy and reviewed the letter and it will be submitted with the application.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:10pm and when into open board discussion.
Chairman Ken Coirin asked the applicant if his plan is to store everything in the garage during the winter months including the boat, trailer and jet ski and leave nothing outside and John Pawlows confirmed that was his intent except for in the summer months when they are in use. Frank Malagisi stated that the proposed garage should meet the building specifications for the Northeast including vertical siding, 12 gauge steels and collar ties on all the rafters. John Pawlows confirmed that the garage will meet all the specifications and up to code requirements.
With no other questions Mr. Coirin stated to the board members that they will review the four criteria for a use variance for application Z2016-03 that are from the Town of Caroga Zoning Ordinance. The four (4) criteria for a use variance were read by Mr. Coirin.
. (1) That the strict application of said use provisions of this ordinance would result in a specified unnecessary hardship to the applicant (1) which arises because of exceptional or extraordinary circumstances applying to the property and not applying generally to other properties in the same district; and, (ii) which results from lot size or shape legally existing prior to the date of this ordinance or topography, or other circumstances over which the applicant has no control. Ken Coirin replied that there would be no other use for the property and Doug Purcell replied that the applicant would not have purchased the property to build a just a garage
(2) That the property in question cannot yield a reasonable return if used for any permissible use applicable to the zoning district in which the property is located. Frank Malagisi and Ken Coirin both agreed that the use of the property for a garage would not be a commercial use and the applicant purchased the property based on information for zoning and future zoning.
(3) That the variance is necessary of the preservation of the property right of the applicant substantially the same as owners of other property in the same district possess without such a variance. Ken Coirin stated that there are already other commercial businesses located in the same area.
(4) That the variance would not be materially detrimental to the purposes of this ordinance or to property in the district in which the property is located, or otherwise conflict with the description or purpose of the district or the objectives of any plan or policy of the Town and that the variance requested is the minimum variance found by the Zoning Board of Appeals to affect the applicant. All members agreed to this and replied yes.
Mr. Coirin asked for a motion to vote. Doug Purcell made the motion to approve the application as written and Pete Welker 2nd the motion.
Mr. Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would grant the use variance and a no vote would deny the use 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 his application Z2016-03 for a use variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicant was advised to contact the Town of Caroga Code Enforcement Officer to complete the paperwork necessary to obtain the permit. The property is located within the Hamlet Zoning District and does not need to be sent to the APA.
Chairman Ken Coirin advised that the Zoning Board of appeals was back in public session at 7:19pm to hear Application Z2016-04 by Richard Sturgess and Jennifer Lair of 3044 State Hwy 29A Caroga Lake, NY 12032 of the property located at the above listed address and identified as Parcel # 83.-1-18 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.040 Paragraph (c) of said code. Non permitted use is at issue.
Owner Desires to: Build a 30’ x 40’ Pavilion.
Mr. Coirin asked the applicants to explain what they wanted to do. Richard Sturgess explained that he wanted the build the pavilion to use as coverage for the convenience of customers for shade or coverage during rainy weather. The proposed pavilion would be an economical advantage for their business. The pavilion would also be available for families wanting to use for a birthday party or family get together not for musical festivals as was rumored.
Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied there was none.
Chairman Ken Coirin asked if there were any comments from the public regarding this application. Burt Wilson stated that he was in full support of the proposed pavilion and would be a vast improvement for the business. Beth Morris stated that she has watched the applicants work hard to improve the business and knows it is used by many of the town residents and seasonal residents and campers. The business is good for the area especially when the town is trying to promote the area. The owners are friendly and the store and are kept clean. She is in full support of the proposed pavilion.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:22pm and when into open board discussion.
Chairman Ken Coirin asked if the present members if they had any questions. Pete Welker stated that he thought the proposed pavilion was a good idea and Doug Purcell agreed. Mike Frasier stated he had no issues with the proposed pavilion. Frank Malagisi stated he measured the area and the proposed location of the pavilion would be set back further from the road then ate area that is now used by customers and stated that would be better for the safety of the customers.
With no other comments Mr. Coirin stated to the board members that they will review the four criteria for application Z2016-04 for an area variance that are from the Town of Caroga Zoning Ordinance.
Chairman Ken Coirin read the criteria for a use variance.
That the strict application of said use provisions of this ordinance would result in a specified unnecessary hardship to the applicant (1) which arises because of exceptional or extraordinary circumstances applying to the property and not applying generally to other properties in the same district; and, (ii) which results from lot size or shape legally existing prior to the date of this ordinance or topography, or other circumstances over which the applicant has no control. Ken Coirin stated that the location of the proposed pavilion will increase the safety of the customers using it and all the board members agreed.
2. That the property in question cannot yield a reasonable return if used for any permissible use applicable to the zoning district in which the property is located. All the board members agreed that the proposed pavilion would bring in more business and would an economical improvement for the area.
3. That the variance is necessary of the preservation of the property right of the applicant substantially the same as owners of other property in the same district possess without such a variance. All the board members agreed that the business is the only one like it in the area and nothing to compare it to.
4. That the variance would not be materially detrimental to the purposes of this ordinance or to property in the district in which the property is located, or otherwise conflict with the description or purpose of the district or the objectives of any plan or policy of the Town and that the variance requested is the minimum variance found by the Zoning Board of Appeals to affect the applicant. All the board members agreed that it would not be detrimental.
Mr. Coirin asked for a motion to vote. Doug Purcell made the motion to approve the application as written and Mike Frasier 2nd 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
Frank Malagisi yes
Pete Welker - yes
Mike Frasier - yes
Mr. Coirin advised the applicant that their application Z2016-04 for an area variance was approved and the variance granted by the Town of Caroga Zoning Board of Appeals. The applicants were advised to contact the Town of Caroga Code Enforcement Officer to complete the necessary paperwork for their application. Ken Coirin clarified that the application request is within the Town of Caroga Hamlet District and the application does not need to be sent to the APA for final review.
Chairman Ken Coirin asked for a motion to close the hearing at 7:27pm. Doug Purcell made the motion and Mike Frasier 2nd the motion.
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
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