Zoning Board of Appeals September 28, 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 – absent

Others in attendance: George and Judith Newnham

Chairman Ken Coirin 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.

Chairman asked for a motion to approve the minutes of the previous meeting. Pete Welker made the motion and Doug Purcell 2^nd the motion and Ken Coirin agreed.

Chairman Ken Coirin advised that the Zoning Board of Appeals was public session at 7:00pm to hear Application Z2017-12 by George and Judith Newnham of PO Box 706 Caroga Lake, NY 12032 of the property located at 127 Irving Pond Rd Caroga Lake, NY 12032 and identified as Parcel # 68-6-1- 5 for a triple variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 and 4.010 and Article 8 Section 8.010 of said code.

Owners Desires to: Construct a carport.

1. An accessory structure is not permitted in the hamlet zoning district.

2. The proposed structure is in the town right of way and encroaches on the front yard setback.

3. The side lot line is at issue.

Chairman Ken Coirin asked the applicant to explain what he wanted to do. George Newnham explained he wanted to build the carport to protect his vehicles. They have been damaged several times from branches falling from the trees where his vehicles are parked.

Chairman Ken Coirin asked if there was any correspondence for this application and the Zoning Board of Appeals secretary there was a letter sent by the Town of Caroga Highway Superintendent Stephen Putman. He stated that he was not in favor of allowing the variance. The proposed location of the carport is six (6) from the road which is part of the right of way for maintenance for the town. The equipment used for maintaining may cause possible damage being located that close to the road.

George Newnham stated that the in the twelve (12) years he has lived here he has seen the town use only the pickup truck with a plow to take care of the road. Where he wants to put the carport is usually not maintained. Judith Newnham agreed with that statement and she also stated that they had neighbors saying that there were in favor of the carport but when asked they were told they did not need to be at the hearing to show that support.

Pete Welker stated that he looked proposed site of the carport and stated that by moving it back further it would be located under power lines.

George Newnham stated that the proposed carport would be built in an Adirondack style with a metal roof and would fit in the character of the neighborhood.

With no other comments or questions Chairman Ken Coirin closed the public part of the hearing at 7:08pm and when into open board discussion.

Ken Coirin stated that in reviewing the pictures given to him by the applicant he thought there was room the move the proposed location of the carport further back from the road. Doug Purcell asked the applicant if he would consider this and George Newnham replied that moving it further back would place it under the power lines and with a metal roof on the carport that would not be good. There are also septic lines underground that would be under the carport. Pete Welker stated that the town does have the right of way to maintain the road where the proposed carport would be located. Doug Purcell asked the applicants if they considered a different location for the carport possibly between the pines. George Newnham replied that he had considered different locations but it would result in cutting down trees, too close to his well and blocking the site of the home from the road. The tree that is the biggest issue and loses branches that has caused damage to his vehicles in not on his property.

Chairman Ken Coirin asked the board members if they had any other questions or comments. Doug Purcell stated that they should review the criteria for both a use and area variance for this application. He stated that he reviewed the use definition for an Accessory Structure and not sure why a variance was needed but the board should review the criteria for both a use and area criteria and Ken Coirin agreed.

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With no other questions or comments Chairman Ken Coirin stated to the board members that they will review the criteria. The board members will vote after both are reviewed.

The criteria for a use variance was reviewed first for application Z2017-12 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.

Doug Purcell stated that the applicant demonstrated this with the cost of auto repairs and all board members agreed.

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.

Ken Coirin stated he was ok with this and 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 board members will now review the criteria for an area variance.

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.

Doug Purcell stated that the application demonstrated this and all board members agreed and replied no.

3. Whether the requested area variance is substantial.

Ken Coirin stated that the variance is substantial and all board members agreed and replied yes.

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. Doug Purcell made the motion to approve the application as presented and approve the area variance as presented. No member would 2^nd the motion.

Ken Coirin stated his concern is how close to the road the proposed carport is and for future maintenance of the carport. George Newnham stated that the proposed carport is six (6) ft from the edge of the road gravel. Judith Newnham stated that there are already structures that close to the road. She said that she realizes that many of there were built before zoning regulations were restrictive and were grandfathered in. She says that they have always maintained their property and will continue to do so with the proposed carport.

Chairman Ken Coirin asked for a motion to vote for the area variances. Doug Purcell made the motion to deny the application as written and not approve the variance and Ken Coirin 2^nd.

Chairman Ken Coirin stated that the Zoning Board of Appeals would now vote for the area variance. A yes vote would deny the area variance and a no vote would approve the variance.

The voting results are as follows;

Ken Coirin – yes

Doug Purcell - no

Pete Welker – yes

Chairman Ken Coirin advised the applicants that their application Z2017-12 for variances was not approved and denied. The applicants were advised that their application can be tabled and reviewed again when there is a full board present and voting result may defer.

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 7:25pm. Doug Purcell 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

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