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Zoning Board of Appeals January 5, 2017 Minutes

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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 – absent

Frank Malagisi present

Mike Frasier - absent

Others in attendance: Don Gonsirwski, Deborah Schramek, Lynne and John Delesky, Charles Ackerbauer and Larry Chaplinski.

Chairman Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Doug Purcell made the motion and Frank Malagisi 2nd the motion and present board members agreed.

Chairman Ken Coirin advised that the Town of Caroga Board of Appeals was meeting to hear a variance application. 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 Z2016-08 by Larry Chaplinski of PO Box 953 Northville, NY 12134 of the property located at S. Shore Rd Caroga Lake NY and identified as Parcel # 83.-1-.27 for an area 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: Sub-divide a lot into 4 lots

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals secretary there was none.

Chairman Ken Coirin asked the applicant to explain what he wanted to do. Larry Chaplinski explained that he wants to sub-divide the approx. 50-acre lot into 4 separate lots. The proposed sub-division is in 2 different zoning districts. Part is in the 2.5-acre zoning district and part is in the 10 acres zoning district. The proposed subdivided lots would also be in both zoning districts. One lot would be 27 acres which he plans on keeping for himself. The other 3 lots which would be 8.5 acres, 8.64 acres and 3.41 acres. He wants to sell so that other families could build and enjoy the area as much as he has. He hired Charles Ackerbauer, a licensed surveyor to help with the sub-division. He said that the preliminary plan was presented to the Town of Caroga Planning Board and they commented that it was a sensible plan. It was also sent to the APA and they had no adverse comments for the sub-division.

Chairman Ken Coirin asked if there were any comments from the public. Don Gonsirwski who is a nearby land owner expressed his concern on the impact the sub-division would have on his property. He was concerned with the sewage, drainage and what setbacks that a sub-division would cause. He also asked why the approx. 50-acre lot was in 2 different zoning districts. The Zoning Board members replied that these districts were set many years ago by the APA and density may have been the main reason to the best of their knowledge. Ken Coirin stated that any new proposed construction must meet the setback requirements. Charles Ackerbauer stated that they would be willing to work with any setbacks stipulations. Should the Zoning Board of Appeals approve the area variance on the 10-acre lot size the Planning Board will still need to decide on the final approval for the sub-division. Larry Chaplinski stated that he may someday build a home on the 27-acre lot he plans on keeping and not sub-divide it in the future. Don Gonsirwski asked for clarification on the map for lines and measurements. The Zoning Board members showed him the lines and the map that he was originally looking at was not to scale. Charles Ackerbauer gave him a copy of the survey map.

With no other comments or questions Ken Coirin closed the public part of the hearing at 7:16pm and when into open board discussion.

Ken Coirin asked why one of the proposed lot lines was done diagonal and not straight. Charles Ackerbauer stated that it gave more area to keep the character of the zone. Larry Chaplinski stated that he would be willing to adjust lot lines should it be requested by neighbors.

Frank Malagisi stated that any proposed building should follow all building codes and setbacks and he would like to see that any proposed structures be in the area zoned for 10 acres.

Doug Purcell stated that he felt better about the proposed sub-division since it was looked at favorably by the Planning Board and APA when they were presented the preliminary plans. Ken Coirin agreed.

Frank Malagisi stated his concern is the proposed sub-division is in 2 zoning districts and is creating 4 non-conforming lots. His main issue is the 3.4-acre lot. He also suggested that the proposed sub-division maybe should be 3 lots instead of 4. Ken Coirin stated that access was the concern and that is why it is 4 lots. Frank Malagisi stated that he was concerned that the 27-acre lot could be sub-divided in the future. Doug Purcell stated that any future plans for sub-division would need to be heard by the Planning and Zoning Boards.

Frank Malagisi asked Charles Ackebauer the reasoning for the way the proposed sub-dividing was done and he replied that it made more sense for ease of access for each lot. Frank Malagisi stated that should the variance be allowed for the sub-division he want it stipulated restrictions for future structures.

Doug Purcell asked how future buyers would know this and Charles Ackerbauer stated it could be stipulated in the deed where structures allowed and stipulated setbacks.

Chairman Ken Coirin l asked the members if they had and questions or comments.

With no other questions Mr. Coirin stated to the board members that they will review the five criteria for an area variance for application Z2016-08 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Coirin.

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. Frank Malagisi made the motion to approve the application with the stipulated restrictions that any proposed construction be within the 10-acre zoning district of the property and the Planning Board has given final approval of the sub-division. Doug Purcell 2nd the motion.

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

The voting results are as follows;

Ken Coirin – yes

Doug Purcell – yes

Frank Malagisi – yes

Mr. Coirin advised the applicant that his application Z2016-06 for an area variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicants were advised the application will be sent to the Town of Caroga Planning Board for their approval.

Chairman Ken Coirin asked for a motion to adjourn the hearing at 7:35pm. Frank Malagisi made the motion and Doug Purcell 2nd the motion and all board members agreed,

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary


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