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Zoning Board of Appeals July 20, 2017 Minutes

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 – present

Pete Welker – present

Frank Malagisi – absent

Mike Frasier - present

Others in attendance: Ed and Fern Jutras, Mike Manning, Minott and Meredith Osborm, Jim Milstin, Tyler and Patricia Santmire and Charles Ackerbauer.

Chairman Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Pete Welker made the motion and Mike Frasier 2^nd 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 Z2017-09 by Minott Osborn of 1194 SW Live Oaks Cove Port St Lucia, FL 34986 of the property located at 2358 South Shore Trail Canada Lake Caroga Lake, NY 12032 and identified as Parcel # 52.18-1-21 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.

Owner desires to: Construct an 8’ x 10’ single story addition.

Chairman Ken Coirin asked the applicant to explain what he wanted to. Mr. Osborn explained that he wanted to add the addition to the back of the existing camp. The proposed addition will be 80 sq. ft.

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 7:03pm and when into open board discussion.

Ken Coirin and Doug Purcell both stated that the information presented in the application is straight forward and Mike Frasier stated he was ok with the application as presented.

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 Z2017-09 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 addition is further back from the shoreline and Doug Purcell stated that he has minimized the addition as much as possible 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. Doug Purcell made the motion to approve the application as presented and Pete Welker 2^nd 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

Doug Purcell - yes

Pete Welker – yes

Mike Frasier - yes

Chairman Ken Coirin advised the applicants that the application Z2017-09 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 7:06 pm to hear Application Z2017-07 by Tyler and Patricia Santmire of 57 Old Albany Post Rd Rhinebeck, NY 12572 of the property located at 612 South Shore Rd East Caroga Lake NY and identified as Parcel # 83.13-5-43 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 of said code.

Owner Desires to: Relocate existing Cabin. A four (4) foot encroachment to the west side of the lot variance is needed.

Chairman Ken Coirin asked if there was anyone to speak for the application. Tyler Santmire stated that he wants to relocate the cabin so future plans will accommodate a new well, septic system and garage. The cabin would be closer to the lakefront but still at least 95 feet away.

Chairman Ken Coirin asked if there was any public comment for this application. Jim Milstin stated that he is a neighboring property owner and he has no objection to the proposed plan his main concern was his current holding tank and his future plans for a new septic system. His was concerned was the applicants plans to build a garage in the future and whether it would be too close to his plans for a new septic system in the future. He is not concerned with the cabin be moved, his concern was the five foot allowable encroachment may interfere with his future plans. Pete Welker asked where the proposed well would be located and Tyler Santmire stated that it would be located approx. 10 feet from the road and lot line. Jim Milstin commented that maybe the application should be postponed until the exact location of the proposed well and septic system is presented. Tyler Santmire stated he has hired an engineer and the plans should be finalized in a few days.

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.

Chairman Ken Coirin asked Tyler Santmire whether he would he would be removing the existing chimney. He confirmed yes. He also verified that he did not plan to remove any of the pine trees but to accommodate future plans one of the pine trees will need to be removed but the pine trees on the other side of the cabin will remain. Doug Purcell will be satisfied with this but commented that the plans for no basement should be rethought. Tyler Santmire stated that with the low water table in that area he did not want to deal with water seepage and sump pumps.

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 Z2017-07 that are from the Town of Caroga Zoning Ordinance. The five (5) criteria for an area variance were read by Mr. Coirin.

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.

Ken Coirin stated that the concerns by Jim Milstin would be addressed by the engineered plans and all the 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.

All board members replied and agreed no.

Chairman Ken Coirin asked for a motion to vote. Doug Purcell made the motion to approve application Z2017-07 as presented area variance and Mike Frasier 2^nd the motion.

Chairman Ken Coirin stated that the Zoning Board of Appeals would now vote. A yes vote would allow and grant the 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

Mike Frasier – yes

Chairman Ken Coirin advised the applicants that their application Z2017-07 for an 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 7:15pm to hear Application Z2017-08 by Peter Jutras of 4601 Heather Lane Bogart GA 30622 of the property located at 497 St Hwy 10 Caroga Lake NY 12032 and identified as Parcel # 24.6-3-10.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.032 (a) of said code.

Owner desires to: Construct a new single family dwelling. The height of the structure is at issue.

Chairman Ken Coirin asked if there was anyone to speak for the application. Ed Jutras spoke to say he was present to speak for his son who is the applicant. He stated that his son wants to rebuild a new family home on the existing footprint of the current structure. The current structure was built in 1926, has been added onto many times and the plans are more practical to replace it.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals secretary there was one note from Glen and Lisa Wilson of 485 St Hwy 10 and they have no objection of the proposed structure and are thrilled with the improvement in the area.

With no other comments or questions Chairman Ken Coirin closed the public part of the hearing at 7:19pm and when into open board discussion.

Ken Coirin asked if there were any plans for the proposed structure. Charles Ackerbauer gave the board members a copy of the plans. He explained that in order to build the new 2 story home the foundation need to be raised. The increase in height to 39 feet will accommodate the 2^nd story and roof pitch necessary to handle the snow load codes for the area. He stated that he knows the APA has a 40-foot height restriction and the Town of Caroga’s height restriction is 35 feet. He did not see an issue with allowing the 40 foot variance for the proposed structure.

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 Z2017-08 that are from the Town of Caroga Zoning Ordinance.

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.

Ken Coirin stated that it is an improvement and 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 the board members were satisfied with the explanation for the foundation that raises the height of the proposed structure and all board members 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

Chairman Ken Coirin asked for a motion to vote. Mike Frasier made the motion to approve the application [Z2017-08] as presented and Doug Purcell 2^nd 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

Doug Purcell - yes

Pete Welker – yes

Mike Frasier - yes

Chairman Ken Coirin advised that application Z2017-08 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 plans is attached with the minutes.

Chairman Ken Coirin asked for a motion to adjourn the hearing at 7:25pm. Doug Purcell made the motion and Ken Coirin 2^nd the motion and all board members agreed,

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

KC/mj