Home Calendar Departments Directory Gallery Documents History

ZBA home About Notices Applications Decisions APA Letters Resources

Zoning Board of Appeals August 24, 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 – absent

Pete Welker – present

Frank Malagisi – present

Mike Frasier - absent

Others in attendance: Justin and Ashley Steele, Gregory Heroth and Doug Smith.

Chairman Ken Coirin asked for motion to waive reading the minutes from the previous hearing. Pete Welker made the motion and Frank Malagisi 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 public session at 7:00pm to hear Application Z2017-10 by Laura and Justin Steele of PO Box 234 Caroga Lake, NY 12032 of the property located at 761 South Shore Rd East Caroga Lake, NY 12032 and identified as Parcel # 83.-1-4 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 a 24; x 40’ Pole Barn for Storage. An accessory structure is not permitted in a R-10 Zoning District.

Chairman Ken Coirin asked the applicant to explain what he wanted to do. Justin Steele explained that he wanted to build the pole barn for storage of equipment. Ken Coirin stated that all setback requirements are met and the only issue is allowing a variance for an accessory structure. Ken Coirin asked the applicant the height of the proposed pole barn. Justin Steele replied that the ceiling height inside will be 10 feet and the roof trusses are 5 feet which will make the height of the pole barn approx. 15 feet.

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.

Frank Malagisi stated he is in favor of allowing the proposed pole barn. It is better for anything to be stored within the pole barn then being outside in this area.

Chairman Ken Coirin stated that he believes that this is a use variance and will review the criteria for a use variance and the present board members agreed.

With no other questions or comments Chairman Ken Coirin stated to the board members that they will review the four criteria for a use variance for application Z2017-10 that are from the Town of Caroga Zoning Ordinance.

The four (4) criteria for a use variance were read by Mr. Coirin.

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 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

Pete Welker – yes

Chairman Ken Coirin advised the applicants that the application Z2017-10 for a use 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 7:08pm to hear Application Z2017-11 by Gregory & Lorine Heroth of 357 County Highway 131A Johnstown, NY 12095 of the property located at 147 Green Lake Rd Caroga Lake, NY 12032 and identified as Parcel # 52.-1-15.12 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 a single family dwelling. The property was not properly subdivided back in 1988. (The proposed lot is 1.32 acres and required minimum lot size is 2.5 in that zoning district. All other requirements are met.

Chairman Ken Coirin asked the applicant to explain what he wanted to do. Gregory Heroth explained that he wanted to build a single family home with two bedrooms and two bathrooms and an attached garage. He stated that all the setbacks meet the zoning requirements and that he needed a variance for the lot size.

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 7:09pm and when into open board discussion.

Ken Coirin stated that the lot had been sub-divided by the previous owners. Gregory Heroth stated that when he bought the lot he did not realize at the time that the lot was in a 2.5 district. Ken Coirin asked Gregory Heroth to verify the square footage of the proposed structure and the height. Gregory Heroth stated that the home would be 37’ x 24’ and the garage would be 20’ by 22’ for a total of 1344 sq. ft. of coverage. The height of the proposed structure would be 30.9 feet.

Chairman Ken Coirin stated that in reviewing the application he questioned whether the board should review the criteria for a use variance or area variance. Frank Malagisi stated that they should review and vote on both and all the board members agreed.

With no other questions Chairman Ken Coirin stated to the board members that they will review the four criteria for a use variance and vote then will review five criteria for an area variance and vote for application Z2017-11 that are from the Town of Caroga Zoning Ordinance.

The four (4) criteria for a use variance were read by Mr. Coirin.

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.

Chairman Ken Coirin asked for a motion to vote. Frank Malagisi made the motion to approve the application [Z2017-10] 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 use variance and a no vote would deny the variance.

The voting results are as follows;

Ken Coirin – yes

Frank Malagisi - yes

Pete Welker – yes

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.

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. Pete Welker made the motion to approve the application as presented and Frank Malagisi 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

Frank Malagisi - yes

Pete Welker – yes

Chairman Ken Coirin advised the applicants that the application Z2017-11 for an use variance and 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 asked for a motion to adjourn the hearing at 7:22pm. Frank Malagisi made the motion and Pete Welker 2^nd the motion and all board members agreed.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary

KC/mj