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Zoning Board of Appeals June 1, 2017 Minutes

Vice Chairman Doug Purcell opened the public hearing at 7:30pm. Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman Ken Coirin - absent

Vice Chairman Doug Purcell – present

Pete Welker – absent

Frank Malagisi – present

Mike Frasier - present

Others in attendance: Nicholas Simon, Carol and Arthur VanCoughnett, Tracy and Jared Maddocks, Joe Insognia, John Kalpin, Nancy Long, Mike Voght, Lynne Delesky, James Long, Tor Sherkerjian, Al Kozakiewicz

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 7:30 pm to hear Application Z2017-02 by Richard Loomis of 25 Jordon Rd New Hartford, NY 13413 of the property located at 101 Hutchinson Rd Caroga Lake NY and identified as Parcel # 52.11-4-21 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.

Owner Desires to: construct a 11’ 4” x 10’ mudroom addition to the existing camp. Shoreline setback is at issue.

Vice Chairman Doug Purcell asked if there was anyone to speak for the application. Carol VanCoughnett spoke on behalf of the applicant indicating that they want to construct the mudroom for storage and to serve as a laundry room. It will be built over an existing deck.

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 Vice Chairman Doug Purcell closed the public part of the hearing at 7:33pm and when into open board discussion.

Frank Malagisi stated that he has some issues with coverage. He stated when he looked at the applicant’s property that he came up with 1689 sq. ft. of total coverage which includes the camp, shed, decks and wooden walkway (228 sq. ft.) which was not included in the application for coverage total. He eliminated one deck which was declared to be a dock by Carol Coughnett and not yet installed in the water and should not be considered coverage. Minus the dock which is 10’ x 12’ for a total of 120 sq. ft., that leaves the total coverage at 1569 sq. ft. The wooden walkway (228 sq. ft.) are considered as coverage and must be added into the total amount of allowable coverage. Total allowable coverage is 1196 sq. ft. (10%) The total coverage is 373 sq. ft. over the allowed 10% which is over the allowable amount for a pre-existing non-conforming lot. The mudroom addition is being built over one of the existing decks so will not increase the coverage currently at 13%. Vice Chairman Doug Purcell agreed with the Frank Malagisi. Frank Malagisi asked Carol VanCoughnett about the septic system and where I was located. She replied that it was pumped up the driveway to a leach field located behind the camp.

With no other questions Vice Chairman Doug Purcell stated to the board members that they will review the five criteria for an area variance for application Z2017-02 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Purcell.

Vice Chairman Doug 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.

All board members agreed and replied no.

3. Whether the requested area variance is substantial.

All board members agreed that the coverage is already over for a pre-exiting non- conforming lot 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 replied and agreed no

Vice Chairman Doug Purcell asked for a motion to vote. Mike Frasier made the motion to approve the application as presented and Frank Malagisi 2^nd the motion also stating to the applicants that they are aware that any future request for variances would need to include all structures when considering the lot coverage.

Vice Chairman Doug Purcell stated that the Zoning Board of Appeals would now vote. A yes vote would grant and allow 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

Vice Chairman Doug Purcell advised the applicants that the application Z2017-02 for an area variance was granted and allowed by the Town of Caroga Zoning Board of Appeals. The application will also need to be heard by The Planning Board for Site Plan Review on application PB2017-02. 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 advised that the Zoning Board of Appeals was back in public session at 7:41pm to hear Application Z2017-03 by Tracy Maddocks of 444 Sprout Brook Rd Garrison, NY 10524 of the property located at South Shore Rd (vacant land) Caroga Lake NY and identified as Parcel # 82.12-2-9 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 4 Section 4.040 paragraph D of said code.

Owner Desires to: Construct a four (4) car garage pole barn structure. Project exceeds the maximum allowed for lot coverage by 780 sq. ft. in the zoning district.

Vice Chairman Doug Purcell asked the applicant to explain what she wanted to do. Tracy Maddocks stated her husband will explain. Jared Maddocks stated that they wanted to construct the storage pole barn to store their snowmobiles, equipment and classic cars he owns on the vacant lot he owns next to his property. It would clean up the area surrounding his camp and look better.

Vice Chairman Doug Purcell asked if there was any correspondence for this application and the Zoning Board of Appeals secretary there was none. Vice Chairman Doug Purcell stated he did not get a copy of the decision notice from the Code Enforcement Officer so the Zoning Boards of Appeals is working from information presented this evening. Frank Malagisi stated he has an issue with discrepancy with the measurements. The proposed storage pole barn is approx. 1200 sq. ft. and is equal to the allowable 10% coverage. The issue is the vacant lot where the proposed storage barn is to be built.

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 Vice Chairman Doug Purcell closed the public part of the hearing at 7:46pm and when into open board discussion.

Frank Malagisi stated that the proposed storage pole barn would make the area look better with the applicant being able to store his stuff away. Doug Purcell and Mike Frasier agreed.

With no other questions Vice Chairman Doug Purcell stated to the board members that they will review the five criteria for an area variance for application Z2017-03 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Purcell.

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.

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

All board members replied and agreed no

Vice Chairman Doug Purcell asked for a motion to vote. Frank Malagisi made the motion to approve the application as presented and Mike Frasier 2^nd the motion.

Vice Chairman Doug Purcell 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;

Doug Purcell – yes

Frank Malagisi – yes

Mike Frasier - yes

Vice Chairman Doug Purcell advised the applicant that his application Z2017-03 for an area variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicants have already sent paperwork to the APA and they were in favor of the application.

Vice Chairman Doug Purcell advised that the Zoning Board of Appeals was back in public session at 7:49pm to hear Application Z2017-04 by Tracy Maddocks of 444 Sprout Brook Rd Garrison, NY 10524 of the property located at 224 South Shore Rd (vacant land) Caroga Lake NY and identified as Parcel # 82.12-1-2 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Article 2 Section 2.050 as it pertains to the definition of Accessory Use Structure of said code.

Owner Desires to: Construct a three (3) car garage pole barn structure with open sides. Proposed structure would make the property 254 sq. ft. over the allowed percentage of coverage.

Vice Chairman Doug Purcell asked the applicant to explain what he wanted to do. Jared Maddocks stated that he eventually they would be year-round residents and he wanted to construct the 3 car pole barn in front of the residence to be able to park their cars under and store snow removal equipment during the winter months for easier access. There is an existing shed they he plans on removing after the storage pole barn is constructed.

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 Vice Chairman Doug Purcell closed the public part of the hearing at 7:50pm and when into open board discussion.

Frank Malagisi stated that when he checked the property in addition to the main structure at 28’ x 40’ (1120 sq. ft.), there are a 10’ x 28’ (280 sq. ft.) and an 8’ x 25’ (200 sq. ft.) porches and a 12’ x 18’ (216 sq. ft.) garage that were not included in the application to show the existing total coverage of 1816 sq. ft. The proposed structure is 24’ x 30’ which increases the coverage by 720 sq. ft. less the 216 sq. ft. when the existing garage is removed. This would put the proposed coverage at 2320 sq. ft. (16.6%) compared to the allowable 10% coverage of 1398 sq. ft. and in his opinion he would deny the application. Doug Purcell stated he has the issue with the increase in coverage. Jared Maddocks asked if it would make a difference if he reduced the size of the proposed structure to a 2 car storage pole barn. Frank Malagisi stated that he would need to resubmit an application if the board made the decision to deny the current application. Mike Frasier stated he did not have an issue with the current application and he understood what the applicant wanted to do.

With no other questions Vice Chairman Doug Purcell stated to the board members that they will review the five criteria for an area variance for application Z2017-04 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Purcell.

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.

Doug Purcell and Frank Malagisi both agreed there was no other way and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

Doug Purcell and Frank Malagisi both replied yes and Mike Frasier 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

Frank Malagisi replied yes and Doug Purcell and Mike Frasier replied no.

Vice Chairman Doug Purcell asked for a motion to vote. Frank Malagisi made the motion to deny the application as presented and Doug Purcell 2^nd the motion.

Vice Chairman Doug Purcell stated that the Zoning Board of Appeals would now vote. A yes vote would deny the area variance and a no vote would allow the variance.

The voting results are as follows;

Doug Purcell – no

Frank Malagisi – yes

Mike Frasier - no

Vice Chairman Doug Purcell advised the applicant that no action was being taken on their application Z2017-04 for an area variance as a concurring vote of the majority of the full membership (3 votes) was required to constitute an official action by the Town of Caroga Zoning Board of Appeals.

Jared Maddocks asked if he submitted plans for a smaller structure would it make a difference. Doug Purcell stated he would have a review of the application to he heard again by the Zoning Board of Appeals when it is anticipated that better board representation will be present. The next hearing is scheduled for June 15^th.

Vice Chairman Doug Purcell asked for a motion to adjourn the hearing at 8:06pm. Mike Frasier made the motion and Frank Malagisi 2^nd the motion and all board members agreed,

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

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