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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
Doug Purcell – present
Pete Welker – present
Frank Malagisi – present
Mike Frasier - absent
Others in attendance: Jeff Holland, Albert Bauer, Chris Foss, Sven Ritsep, Lynne Delesky and John Delesky.
Chairman 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 two (2) variance applications. The hearing is in 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 Z2016-06 by Albert Bauer of 235 West Fulton St Gloversville, NY 12078 of the property located at Hilley Rd Caroga Lake NY and identified as Parcel # 99.1-69.2 for a use variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 district of said code.
Owner Desires to: Put up a Shed
Ken Coirin asked the applicant to explain what they wanted to do. Albert Bauer explained that he wanted to put in a temporary shed for storing tools while he worked on the property. Ken Coirin asked him to explain what he meant by a temporary shed and was it movable. Albert Bauer explained that he has future plans to build a home and garage but for now he wants put up a 10’ x 22’ Amish built shed that would be used to lock away tools and any equipment when he not working on the property. He stated that the shed would remain until future construction is completed.
Chairman Ken Coirin asked if there were any comments from the public. Sven Ritsep stated that he was representing the Caroga Fish and Game Club and said that the members of the club have no objection to what Albert Bauer wants to do.
Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied that there was one notice of communication from Robert Mahoney stating that as a neighboring property owner he is in favor of the variance and endorses what he want to do.
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 l asked the members if they had and questions or comments. Frank Malagisi stated that it makes total sense to him for the applicant to put up a shed first for storing and locking away tools.
With no other questions Mr. Coirin stated to the board members that they will review the four criteria for a use variance for application Z2016-06 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.
All board members agreed that the use variance to put up a shed be allowed.
(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 present board members that the applicant cannot build until the land is cleared.
(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 present members agreed that the variance was necessary.
(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 it would not be detrimental.
Mr. Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application as written and Doug Purcell 2nd the motion.
Mr. Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would grant the use and area 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 his application Z2016-06 for a use variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicants were advised the application was sent to the APA and they had up thirty (30) days upon receipt to respond.
Chairman Ken Coirin advised that the Zoning Board of appeals was back in public session at 7:09pm to hear Application Z2016-07 by Christopher and Leslie Foss of 111 Prindle Ave Johnstown, NY 12095 of the property located at 268 South Shore Rd East Caroga Lake NY and identified as Parcel # 83.10-3-9 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 lakefront setbacks are at issue.
Owner Desires to: Build a new structure.
Chairman Ken Coirin asked the applicant what he wanted to do. Chris Foss explained that the present camp is over 50yrs old and it needs to be to replaced. Its presently built on piers and they have moved and the camp is slowly “creeping” towards the lakefront. Chris Foss explained that he plans on building a new structure within the same foot print and it will be a year-round residence. Ken Coirin asked Mr. Foss if he had a drawing of what he proposed to build and Chris Foss showed the members a plan that he had done. He explained that it was not the final plan and need some adjustments. Ken Coirin asked him what the height of the proposed structure was and Chris Foss said it was presently 38 feet and Ken Coirin stated that the building code is restricted to 35 feet for new structures. Chris Foss stated that he plans on adjusting and lowering the proposed foundation height to meet the 35’ code height. He also stated that with a 50’ lot that is not much rooms to do anything else.
Chairman Ken Coirin asked if there were any comments from the public. John Delesky stated as a neighboring home owner he was in favor of the proposed structure and it would be an enhancement and improvement to the area. John Holland stated that as another neighboring property owner he was also in favor and has no issues with the proposed structure. John Holland asked for clarification on the allowable building height and explained that he may be dealing with the same issue of replacing his present camp in the near future. The Zoning Board members explained that the allowable height of new structures is a maximum of 35 feet and is measured for the original ground level not any ground that has been disturbed or raised.
Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals Secretary replied that there was none.
With no other comments or questions Ken Coirin closed the public part of the hearing at 7:15pm and when into open board discussion.
Chairman Ken Coirin asked if the present members if they had any questions or comments. Frank Malagisi stated that he looked at the present structure and agrees with the applicant that the piers are bad. He also comments that it was good that the proposed structure was being built within the existing footprint. Ken Coirin asked Chris Foss about the proposed desk that is being replaced on the drawing and whether it was closer to the lakefront. Chris Foss stated that it would be about 3 feet closer. Frank Malagisi stated that 2/3 of the deck is within the original footprint and he has no issue with the proposed deck since the property is steeps and that is other choice. Chris Foss stated that most of the camps in that neighborhood all have the same setback from the lakefront as what he is proposing. Doug Purcell stated that any proposed structure that is built closer to the lakefront is an issue with the APA. He explained that when the Zoning Board of Appeals review the criteria they must note that there is no other alternative. Chris Foss stated that he had sent his preliminary plan to the APA and they were ok with what he is proposing.
With no other questions Mr. Coirin stated to the board members that they will review the five criteria for application Z2016-07 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 Doug Purcell 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
Pete Welker - yes
Frank Malagisi - yes
Mr. Coirin advised the applicant that their application Z2016-07 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.
Chairman Ken Coirin asked the Zoning Board of Appeals Secretary to note that the applicant has given a rendered drawing copy of the proposed structure to file with the application and available to look at if necessary.
Chairman Ken Coirin asked for a motion to adjourn the hearing. Doug Purcell made the motion and Frank Malagisi 2nd the motion and all board members agreed,
Respectfully Submitted
Mary Johnson
Town of Caroga Zoning Board of Appeals Secretary
KC/mj
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