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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 – absent
Pete Welker – absent
Frank Malagisi – present
Mike Frasier - present
Others in attendance: Attorney Jerimiah Woods, Jared Maddocks, Tracy Maddocks, Robert Sullivan, Linda Sullivan, James Selmser and Pricilla Selmser.
Chairman Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Frank Malagisi made the motion and Mike Frasier 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 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.
Chairman Ken Coirin advised that the Zoning Board of Appeals was in public session at 7:00pm to continue hearing 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. This application was originally heard June 1, 2017
Owner Desires to: Construct a two (2) car garage pole barn structure with open sides. Proposed structure would make the property 360 sq. ft. over the allowed percentage of coverage.
Chairman Ken Coirin asked the applicant to explain the application. Jarod Maddocks explained that he originally was going to build a three (3) car 24’X36’ carport structure. He has reduced the size to a two (2) car 24’x24’ structure. There is presently a 12’x18’ garage structure on the property which will be removed after the carport is built.
Chairman Ken Coirin 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 Chairman Ken Coirin closed the public part of the hearing at 7:10pm and when into open board discussion.
Frank Malagisi stated to the applicant that should the variance be approved he would be at the maximum allowed coverage for the property. Jarod Maddocks confirmed and agreed that the present garage structure would be removed after the 24x24 carport is completed. All the present members were ok with this agreement.
With no other questions Chairman Ken Coirin 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. Coirin.
Chairman Ken 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 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.
Ken Coirin stated that the reduced size of the carport to 24’x24’ is now reasonable 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 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.
Chairman Ken Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application as presented and Mike Frasier 2nd the motion.
Chairman Ken Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would approve and allow the area variance and a no vote would deny the variance.
The voting results are as follows;
Ken Coirin - yes
Frank Malagisi – yes
Mike Frasier - yes
Chairman Ken Coirin advised the applicants that the application Z2017-04 for an area variance was approved and allowed 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.
Chairman Ken Coirin advised that the Zoning Board of Appeals was back in in public session at 7:13 pm to hear Application Z2017-05 by Linda Sullivan of 2784 State Hwy 10 Johnstown, NY 12095 of the property located at 228 South Shore Rd East Caroga Lake NY and identified as Parcel # 83.18-5-7 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 as it pertains to use and also maximum percentage of lot coverage is at issue. Also Article 8 Section 8.010 side yard setback is at issue per this ordinance.
Owner Desires to: Construct a Garage – Accessory use structure is not a use permitted by right or site plan review.
Chairman Ken Coirin asked if there was anyone to speak for the application. Robert Sullivan gave each of the present members a copy of the survey map showing the location of the proposed garage structure and explained what he wanted to do. The garage would be built on a vacant area of the lot.
Chairman Ken Coirin asked if there was any public comment for this application. Attorney Jerimiah Woods stated that he was present to represent neighboring land owner Judy Ferrara. He was retained by her to address her concerns with the construction of the garage and the nearby location of a well she owns. Attorney Jerimiah stated that she is not objecting to the application or construction of the garage. She is concerned that there would be damage to the well by construction vehicles and wanted in writing that any possible damage would be repaired and paid for by the Sullivan’s. Robert Sullivan stated that when he planned out the location of the garage it was designed so it would not interfere with the well. A written Indemnity Agreement was presented and was agreed to by the Sullivan’s to sign. A copy of this signed Indemnity Agreement will be included with this application.
Frank Malagisi stated that the proposed garage 1766 sq. ft. A shed presently on the lot would make the coverage 19% over allowable coverage. Bob Sullivan stated that it had not been decided whether the shed would be removed but if it was it be make the coverage 17% over. The applicants would need a variance for 286 sq. ft.
Frank Malagisi asked Robert Sullivan is there was any other possible location for the proposed garage and he replied there was none. Frank Malagisi asked Attorney Jerimiah Woods if he had any other concerns. He replied that the concerns of his client Judy Ferrara regarding protecting the well were addressed and with the agreement by the Sullivan’s to sign the Indemnity Agreement. Robert Sullivan stated that he knew the location of the well and designed the garage location with it in mind. He also stated that he knew it was a dug well with a clay covering and was not being used presently.
Chairman Ken Coirin 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 Chairman Ken Coirin closed the public part of the hearing at 7:32pm and when into open board discussion.
Chairman Ken Coirin stated that this application would need a use variance and an area variance. The board members agreed to review the criteria for a use variance and an area variance together.
Chairman Ken Coirin stated to the board members that they will review the four (4) criteria for a use variance first.
1. That the strict application of said use provisions of this ordinance would result in a specified unnecessary hardship to the applicant (i) 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.
The board members agreed and replied no.
2. That the property in question cannot yield a reasonably return if used for any permissible use applicable to the zoning district in which the property is located.
All board members agreed and replied no.
3. That the variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same district possess without such a variance.
All board members agreed and replied no.
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 which would alleviate the specific, unnecessary hardship found by the Zoning Board of Appeals to affect the applicant.
All board members agreed and replied no.
Chairman Ken Coirin advised that the Zoning Board Appeals would now review the five (5) criteria for an area variance.
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
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
Chairman Ken Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application as presented for a Use variance and Area variance with the Indemnity Agreement signed and Mike Frasier 2nd the motion.
Chairman Ken Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would allow and grant the use and area variances and a no vote would deny the use and area variances.
The voting results are as follows for a Use variance;
Ken Coirin - yes
Frank Malagisi – yes
Mike Frasier – yes
The voting results are as follows for an Area variance;
Ken Coirin - yes
Frank Malagisi – yes
Mike Frasier – yes
Chairman Ken Coirin advised the applicants that their application Z2017-05 for a use and area variances 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.
Chairman Ken Coirin advised that the Zoning Board of Appeals was back in public session at 7:37pm to hear Application Z2017-06 by Linda Sullivan of 2784 State Hwy 10 Johnstown, NY 12095 of the property located at 228 South Shore Rd East Caroga Lake NY and identified as Parcel # 83.18-3-26 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and Section 4.010 as it pertains to use and also maximum percentage of lot coverage is at issue and Article 8 Section 8.010 side yard setbacks and shoreline setback is at issue per this ordinance.
Owner desires to: Construct a House, side yard, shoreline setbacks, and percentage of lot coverage are at issue.
Chairman Ken Coirin asked the applicant to explain what he wanted to do. Bob Sullivan explained that he wanted to construct a house on the property. He presented the present board members a map of the property showing the location of the proposed home. He stated that he had revised the plan so the house would be 40’ away from the lakefront which is 10’ further than the current footprint. He also revised the width of the proposed house so it would be further for the side yard setbacks. Frank Malagisi asked about the present septic system. Bob Sullivan stated that he had the septic system which has a pump tank and leach field installed in 2010 and would be behind the proposed structure. The system was designed for a three (3) bedroom home.
Frank Malagisi asked Attorney Jerimiah Woods if he had any concerns. He replied that any concerns were addressed with application Z2017-05.
Chairman Ken Coirin 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 Chairman Ken Coirin closed the public part of the hearing at 7:39pm and when into open board discussion.
Frank Malagisi stated that he likes that the proposed home was moved further back from the lake front. Ken Coirin stated that he like that the redesigned home would increase the side yard setbacks. Frank Malagisi asked about the height of the proposed house. Bob Sullivan replied that it was still to be determined but would be less than the 30’ to 35’ as required by the zoning ordinance. Since the proposed home was just redesigned he did not have the exact figure for the height.
Frank Malagisi stated that the current pre-existing coverage is 1110 sq. ft. and the living space of the proposed structure would be 1216 sq. ft. He did not feel like this was a lot. He again asked Attorney Jerimiah Woods if he had any concerns. He replied that was no concerns with the proposed home construction. Bob Sullivan stated that he would also be enhancing the current shared driveway which would be an improvement to the area. He also confirmed that if the application is approved construction would not begin until after Labor Day.
With no other questions Chairman Ken Coirin stated to the board members that they will review the five (5) criteria for an area variance for application Z2017-06 that are from the Town of Caroga Zoning Ordinance.
Chairman Ken 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 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
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
Chairman Ken Coirin asked for a motion to vote. Mike Frasier made the motion to approve the application as presented and Frank Malagisi 2nd the motion.
Chairman Ken Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would allow the area variance and a no vote would deny the variance.
The voting results are as follows;
Ken Coirin – yes
Frank Malagisi – yes
Mike Frasier - yes
Chairman Ken Coirin advised the applicant that his application Z2017-06 for an area variance was approved and granted by the Town of Caroga Zoning Board of Appeals. The applicants were advised that the application goes to the APA and they have up to 30 days to review and comment. A copy of the proposed revised structure and property map will be included with the application.
Chairman Ken Coirin asked for a motion to adjourn the hearing at 7:52pm. Mike Frasier made the motion and Ken Coirin 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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