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Zoning Board of Appeals October 19, 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 present

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. The application was originally heard 9/28/17 and tabled.

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

Chairman Ken Coirin advised that the Zoning Board of Appeals was in 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.

In as much as that some members were not present at the previous hearing held 9/28, Chairman Ken Coirin asked the applicant to explain re-explain what he wanted to do. George Newnham gave the board members additional photos showing the area where he wanted to locate the carport and explained he wanted to build the carport to protect his vehicles. The photos showed the issues he had with the rocks, a rock wall, trees and a long hanging electric supply line to his home. He again explained the carport proposed is to protect his vehicle from any more damage from branches falling from the trees where his vehicle is parked. He also stated that 6’ setback was not possible because of these issues and does not understand why the Town of Caroga Highway Superintendent is making an issue of this since maintaining the road in the setback is nearly impossible because of the rock wall, trees and rocks. Judith Newnham stated that their neighbors have no problem with the proposed carport that will be built in an Adirondack style.

Frank Malagisi asked for verification of the size of the proposed carport. George Newnham stated that the proposed carport will be 10’ x 16’.

Chairman Ken Coirin asked if there was any further correspondence for this application other than the letter sent by the Town of Caroga Highway Superintendent Stephen Putman submitted and read at the hearing 9/28 stating that he was not in favor of allowing the variance. The proposed location of the carport is six (6) feet 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 and Judith Newnham both stated that the have talked to National Grid and were told they would not do anything with the low hanging electric supply line.

With no other comments or questions Chairman Ken Coirin closed the public part of the hearing at 7:05pm and when into open board discussion.

Doug Purcell asked George Newnham to verify the size of the proposed carport because the plans show it to be 16’ x 16’. Did he plan on a 16’ x 16’ cement pad with the carport built on top? George Newnham replied that the carport will only be 10’ x 16’. Frank Malagisi asked what the lot size was and it was confirmed that it was 75’ wide by 160’ deep. Frank Malagisi suggested that after reviewing the photos the possibility of burying the electric supply line. He also stated that in looking over the property that beyond the 18’ gravel path there was an additional 18’ and the proposed carport could be located in that area. Frank Malagisi and Doug Purcell both have an issue with the survey lines was not clearly marked and this can cause issues now and in the future for determining setbacks. It was verified that the town has from the center of the road a 25’ right away for maintenance of the road. George Newnham stated that he does not understand why he is not allowed to do what he wants on his property. Judith Newnham stated most of the houses on the road do not met this setback. Frank Malagisi stated that there is room for what he suggested in moving the proposed carport further back on the property if the applicant would bury the electric supply line and Doug Purcell agreed. George Newnham would not agree to this proposed suggestion.

Chairman Ken Coirin asked the board members if they had any other questions or comments and the board replied they did not. With no other questions or comments Chairman Ken Coirin stated to the board members that they will review the criteria for an area variance.

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.

Frank Malagisi and Doug Purcell both stated that there is an alternative and all board members agreed.

3. Whether the requested area variance is substantial.

Doug Purcell and Ken Coirin both stated yes all board members agreed.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Doug Purcell not but Frank Malagisi and all the board members disagreed.

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. Frank Malagisi made the motion to deny the application as presented and Doug Purcell 2nd the motion.

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 - yes

Pete Welker – yes

Frank Malagisi - yes

Chairman Ken Coirin advised the applicants that their application Z2017-12 for variances was not approved and denied. The applicants were advised of this decision.

Chairman Ken Coirin asked for a motion to adjourn the hearing at 7:20pm. Doug Purcell made the motion and Frank Malagisi 2nd the motion and all board members agreed.

Respectfully Submitted

Mary Johnson

Town of Caroga Zoning Board of Appeals Secretary


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