Zoning Board of Appeals March 9, 2017 Minutes

Vice Chairman Doug Purcell opened the public hearing at 7:00pm. Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman Ken Coirin - absent

Doug Purcell – present

Pete Welker – absent

Frank Malagisi – present

Mike Frasier - present

Others in attendance: Christopher and Leslie Foss and student Emma Gottung

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

Vice Chairman Doug Purcell 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 a closed session when the board members discuss the applications.

Vice Chairman Doug Purcell advised that the Zoning Board of Appeals was in public session at 7:00pm to hear Application Z2017-01 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 # 83.18-3-9 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and 4.010 of said code.

Owner Desires to: construct a new structure which would encroach on both side yard setbacks and shoreline setback. A variance to exceed the maximum building height is also being requested. This is a quadruple variance.

Vice Chairman Doug Purcell asked the applicant to explain what he wanted to do. Mr. Foss explained that he wants to replace the existing camp with a year-round residence. The current camp which has been in the family for 60 years has been deteriorating rapidly and shifting off the piers. Mr. Foss decided that it was time to replace the camp. He submitted the proposed plans to the board members showing the proposed new structure.

Mr. Foss explained that he has revised the plans and now has moved the proposed structure back and additional 10 feet but cannot go any further because of the steepness of the lot. He had to raise the height of the full foundation to make it even with the ground level because of the steep bank and this has raised the height of the structure on one corner. M. Foss stated that the proposed structure fits in with the style of the existing area camps. He submitted the new proposed plans to the board members for their review.

Vice Chairman Doug Purcell stated that the original plan was to replace a 50 yr old structure that was falling down and shifting off of the piers it was built on. When the plan was originally presented he did not remember Mr. Foss statement that it was going to be a year-round residence being included in the previous minutes. Mr. Foss said that as the plans developed it made more sense to make it year-round home and to live in it year-round.

Vice Chairman Doug Purcell asked if there was any correspondence for this application and the Zoning Board of Appeals secretary there was none.

With no other comments or questions Doug Purcell closed the public part of the hearing at 7:10pm and when into open board discussion.

Frank Malagisi stated that he was ok with the proposed structure being moved back an additional 10 feet, He asked Mr. Foss what the retaining wall will be constructed of and he replied it will be built with highway construction blocks and will be 4ft in height. He also asked about the proposed septic system. Mr. Foss replied that it was being replaced with a tank behind the house and will be pumped to the other side of the road where he bought additional land for this purpose. He said that other camps in the area also have the same set up for septic systems. Frank asked if there was a drilled well and Mr. Foss stated he has a new well drilled and had to go 460 ft.

Doug Purcell stated that the sides would be tight and asked why the deck was on the side. Mr. Foss replied that it was always that way for easy access to the lake and entry to the house as there were no steps to access the lakeside deck. He confirmed that there were no planned steps on the new structure deck. Doug Purcell stated that he was still concerned on the one corner that was close to the side yard line. Mr. Foss presented revised plans showing a further adjustment for the site of the structure to center the building on both sides.

Mike Frasier stated that he had no concerns and that the proposed structure would be a positive addition to the area and bringing in another year-round resident

Frank Malagisi stated that his concerns were all addressed and is pleased with the proposed septic system set up.

With no other questions Mr. Purcell stated to the board members that they will review the five criteria for an area variance for application Z2017-01 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Purcell.

Mr. Purcell 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 replied agreed 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.

The size of the lot restricts where the structure can be built and the applicant has moved the proposed structure back an additional 10 feet and can go no further. The height variance for 3 feet is minimal. All board members agreed and replied no.

3. Whether the requested area variance is substantial.

Doug Purcell stated that the variance was substantial in that this was a quadruple variance, the applicant has made sufficient changes such that there would be a minimal impact on the area and 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 it was an improvement 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 replied and agreed no

Mr. Purcell asked for a motion to vote. Frank Malagisi made the motion to approve the application as presented and documented on the survey map and site plan revisions dated March 9, 2017 and Mike Frasier 2^nd the motion.

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

The voting results are as follows;

Doug Purcell – yes

Frank Malagisi – yes

Mike Frasier - yes

Mr. Purcell advised the applicant that his application Z2017-01 for an area variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicants were advised the application and paperwork will be sent to the APA and they have up 30 days after receipt to review the application and make any comments.

Vice Chairman Doug Purcell asked for a motion to adjourn the hearing at 7:25pm. Frank Malagisi made the motion and Mike Frasier 2^nd the motion and all board members agreed,

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

DP/mj