Zoning Board of Appeals May 24, 2018 Minutes

Members of the Zoning Board of Appeals in attendance by roll call were:

Chairman Kenneth Coirin — here
Douglas Purcell — here
Frank Malagisi — here
Mike Frasier — absent
Kathleen Ellerby — here
Peter Welker — here

Members of the public in attendance: John Bellinger, Lenore Bellinger, John Mellen, Matt Addison, Lynn Garski, Jerry Garski

Chairman Kenneth Coirin opened the public hearing at 7:00pm.

Chairman Kenneth Coirin: I would like to make a motion to waive the reading of the minutes. All in favor?

All said aye.

Application Number: Z2018-02

Owner: David Falvo PO Box 310 Caroga Lake NY 12032 of the property located at: 135 Green Lake Road and identified as parcel #52.11-2-16 for a Site Plan Review of the Town of Caroga Zoning Ordinance.

Owner Desires to: build an 8’ × 20’ front deck and enlarge the garage. Percentage of ground cover is at issue, Shoreline and side yard setbacks are at issue. As it pertains to Article 4 Section 4.050 and Article 9 Section 9.010 of the Town of Caroga Zoning Ordinance.

Chairman Kenneth Coirin: The first one is the one we tabled last week, Z2018-02 for David Falvo and we’re just going to go a quick overview of what you want to do, again.

David Falvo: OK, yes, that’s fine. I even got a little video if you didn’t have a chance to go and see the property. I just videoed it. What I did was — I can play it twice. What I did was I moved the existing stairs. Can you see that? I moved the stairs where they’ll actually be located.

Chairman Kenneth Coirin: Where they were, in other words?

David Falvo: Well, actually, where they will be located.

Chairman Kenneth Coirin: Where they will be.

David Falvo: Off to the side, because after I spoke with the other board they said [speaker was interrupted].

Chairman Kenneth Coirin: So the driveway is in front of the stairs?

David Falvo: Yes.

Chairman Kenneth Coirin: So these will be set back into the deck?

David Falvo: Can you guys see?

Douglas Purcell: I can see it.

David Falvo: I’ll play it again. It’s only a minute. It’s only coming out — For the last board, they said I could come out to the existing line which is 8 foot 5 inches, but I can’t extend beyond that, so I moved the stairs to the side and that’s going to take up part of the deck: the 8 [foot] by 20 [foot] deck.

Chairman Kenneth Coirin: OK.

David Falvo: I did a little walk-around. You can see, it really doesn’t come out that far. I mean, these tables are probably — two of these tables [the 30 inch by 72 inch tables in the Town of Caroga meeting room] together, that would be the whole space there [of the 8 foot by 20 foot deck]. But, while that’s playing [the video recording Mr. Falvo brought] basically, we just went through it before. It passed the APA [Adirondack Park Agency] or went through that step. It went through setback rules of the Planning Board. And, were here because it was the number of square footage that’s over on the total lot size. And, it’s over and I know Doug [Purcell] did the percentages last time and his math is spot-on. It’s over. It seems like it’s over a lot based on that percentage, but it’s basically a small square footage that we’re asking for. It’s only 180 square foot total. That’s all we’re asking for. We didn’t go well beyond the — you know, we didn’t ask for like a 20 foot deck going out. You can move it [the laptop] around, if it needs to go.

Mr. Falvo moved the laptop in front of Peter Welker.

Peter Welker: I got it now.

David Falvo: So the stairs are going now. They’re going to be part of where the deck is and they’re going towards the driveway instead of through the front of the house, which would encroach more on the road and all that. Last time also, the neighbors, Doug Smith — he came in. I know I just saw him outside, but I wasn’t sure if he was here. He came in of his own, you know, free will and just said it would look great, it would certainly finish off the house and make the neighborhood look better. My other neighbor sent an email. That was a note on there. I clarified that with Linda [Gilbert, Town Clerk]. It wasn’t me sending a fax: It was actually the other neighbor sending an email. The Rockefellers that are on my left side said that would be great as well. I’ve got a couple — I mean, you probably have all this in front [speaker was interrupted]

Chairman Kenneth Coirin: I think we do.

David Falvo: Yes. Basically, I’ve got a small lot, compared to my neighbors, compared to probably everybody else in Caroga, I’ve got this little sliver of land right there [pointing to a map]. This is a rough sketch of how the deck would go. The stairs are going off to the side and not out to the front. That’s pretty much it in a nutshell.

Chairman Kenneth Coirin: Thank you. Anybody here wish to speak to this application? Then, I will close the public portion of the meeting and go into the board’s.

The public portion closed at 7:06 PM.

Douglas Purcell: I would like to remind you, David [Falvo] that it’s not just the square footage that’s at issue. You have also encroachment and a setback from the road.

David Falvo: All right. I didn’t think that was an issue. That road is a right of way road. I own the land right through to the lake there.

Douglas Purcell: Correct, but there still is a right of way and there is a setback from the road. Also, there’s a setback to the side that’s at issue. Even though you aren’t moving closer to the side, it is still one of the setbacks that’s not being met.

David Falvo: No, we’re good on the side. We had the wrong measurements. It was the 13 foot. We’re good on the side. I understood on the front. I thought we had that squared away with the other board [Planning Board], because there was an existing deck and stairs, we’re not going beyond that. So, we’re not going to further encroach. We’re going to stay within that existing encroachment.

Chairman Kenneth Coirin: Now, I understand about the right of way. I have the same thing with mine. A road runs through. The same type of thing.

David Falvo: I have my deed and the deed there. It says that the right of way is not what they have called it.

Chairman Kenneth Coirin: A matter of fact, mine reads [speaker was interrupted]

David Falvo: John would have known it.

Frank Malagisi: Because of the size of the lot, would you agree to a survey?

David Falvo: Sure, there are pins are there. They haven’t been moved. But, since the original survey was done, I still have.

Frank Malagisi: Do have copies of that survey?

David Falvo: I could dig them out. I’m sure they’re somewhere. I’m sure the town has them. I think all the measurements were accurate. I don’t know if anyone is questioning that.

Frank Malagisi: I know, but we’re getting close to the line, as far as the garage or the shed. I don’t know what you’re going to call it.

David Falvo: Same thing.

Frank Malagisi: Either or. I would feel comfortable if I could see a survey.

David Falvo: We’re not going closer to that side when we’re doing the foot, foot and a half expansion. We’re going towards the driveway side. So, we’re not encroaching more on that side.

Frank Malagisi: But, I just want to make sure that everything that you have there is on your property.

David Falvo: Oh, well that was the whole — and that’s what I have here — so, that was the whole thing with with — so, my lot used to be a rectangle. It used to be a straight rectangle. It even showed it in there. Actually, this is good. See that dotted line? That is my lot. And, because of when I bought the property — because the shed was over by how ever many feet, my neighbor here said well, I’ve got a well back here, a hand-pump well that I use. I’ll give you this [parcel with the shed] if you give me this sliver there [with the hand-pump well].

Frank Malagisi: But, has it been resurveyed since then?

David Falvo: Yes, that was all done when I purchased the property. And, this was the outcome. This is why these lines changed. So, it’s surveyed. My pins right now are there, there [pointing to a map], two on this side of the road, and two there. So, they’re still in the ground. If you walk behind the shed there, you’ll see that one right in the corner.

Frank Malagisi: Has that survey been recorded?

David Falvo: I want to say yes, but I’m not a 100% sure. I would have to check that with John [Duesler, Code Enforcement Officer]. I would imagine that would have to because [speaker was interrupted]

Douglas Purcell: Changing lot lines.

Frank Malagisi: That’s a tax map.

David Falvo: Yes, this came off the SDG [Fulton County Image Mate online]. But it would have to be recorded because it changed my deed. And, that may be in the deed in front of you as well. It actually should be because that is the indenture.

Frank Malagisi: Sure, it gives you the measurements, but we don’t actually have a physical [speaker was interrupted]

David Falvo: There’s no drawing? If this flies tonight — everybody’s OK with it — and that’s something you want just to be sure, absolutely. We’ll make sure you get it whether I have to buy, do another one, or we can use the existing one.

Frank Malagisi: I would like to see the survey prior to the approval or disapproval.

David Falvo: OK. Just so you think this would be accurate, or the shed might be over?

Frank Malagisi: I don’t know. I’m not trying to guess. I don’t want to guess.

David Falvo: Yes, well it’s not.

Frank Malagisi: Just because of the fact of size of the lot and how small we agree that it is and the changes that have been made. I just want to make sure that you are building on your existing property.

David Falvo: Yes.

Frank Malagisi: Because now is the time, if there were a question [speaker was interrupted]

David Falvo: Right. John [Duesler, Code Enforcement Officer] would be able to answer that.

Frank Malagisi: ... with the shed, the shed could be moved forward, if it were to be on your neighbor’s lot.

David Falvo: It is not a question in my mind. If there is in yours, then we can ask John [Duesler, Code Enforcement Officer] or we can look the paperwork they have in town. It’s all done through town. Does anyone else have that question?

Douglas Purcell: Do you want to make a motion to table this pending the submission of a survey?

Frank Malagisi: Yes. I will make that motion.

David Falvo: John [Duesler, Code Enforcement Officer] already looked at this.

Frank Malagisi: Did he see the survey?

David Falvo: He went through the APA [Adirondack Park Agency].

Frank Malagisi: Did the APA [Adirondack Park Agency] see the survey?

David Falvo: All the paperwork went to them.

Frank Malagisi: No, I’m talking about a survey.

David Falvo: It’s all mapped out. I don’t know what you mean by a survey. Like if it’s a legal document or not, but it’s all been given to the town and all been given to the APA [Adirondack Park Agency]. It’s not a question in anyone else’s mind. If it is in yours, I can see it being a legitimate question.

Frank Malagisi: I do, but that question can’t be answered tonight. And, I’m not trying to be the bearer of any bad news.

David Falvo: Look, we’ve already delayed this. I came here prepared with the information that I was asked to give. If this was a question, I wish you would have brought it up earlier, then I would have had that.

Frank Malagisi: And, I apologize, but I still feel more at ease if I could see a survey.

David Falvo: Can we do it with a contingent on the fact that a survey will come? Can you make a decision tonight? We won’t build. We won’t do anything. Then, that survey is accurate as we presented it, and then make a decision and go from there?

Frank Malagisi: I don’t know that I could make a decision without first looking at the survey.

David Falvo: Saying this is accurate where our drawing is and saying that shed is on my property and would not encroach any more on the side, can we make a decision on that? Contingent on my bringing a survey to verify that at a later date?

Frank Malagisi: My motion would be table and request a new survey.

David Falvo: This didn’t come up last time. It didn’t seem to be an issue.

Chairman Kenneth Coirin: Do we have a second on the motion?

Douglas Purcell: I’ll second the motion, so we can at least move forward.

Chairman Kenneth Coirin: All those in favor for tabling this until we have a survey? A yes would be to table it, a no would not.

Roll call vote:

Chairman Kenneth Coirin: Yes
Kathleen Ellerby: Yes
Frank Malagisi: Yes
Douglas Purcell: Yes
Peter Welker:Yes

Chairman Kenneth Coirin: OK, I guess we are going to wait for a survey.

Chairman Kenneth Coirin: Hopefully we will be able to conclude this one pretty soon. All right, survey’s done, just give the Town Clerk a call. Thank you.

Application Z2018-02 was tabled pending submission of a survey.

Chairman Kenneth Coirin: Moving on to Zoning Application Z2018-04. Owners are John and Lenore Bellinger. If you would give us a quick overview of what you’d like to do.

Application Number: Z2018-04

Owner: John & Lenore Bellinger 492 Crooks Grove Road Ballston Spa NY 12020 of the Property located at: 325 East Stoner Lake Road and identified as parcel # 24.7-1-41, 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 48 sq. ft. house. The front yard setback is at issue by 26 feet.

Lenore Bellinger: We purchased this property two years ago. We handed in all our paperwork. We handed in our survey. We had the Army Corps of Engineers come up and walk it, because right after we purchased it, somebody said there was wetlands involved. Army Corps of Engineers came up and they deemed certain parts of it wetlands, certain parts of it usable land. We’ve already got APA’s [Adirondack Park Agency’s] approval to put the septic, which the septic is in. We got a permit from John [Duesler, Code Enforcement Officer] to put a shed in, which is in. Got a permit — we gave them engineer blueprints to move forward to build our camp and we thought we were moving forward and then my husband and John [Duesler, Code Enforcement Officer] met and my husband just wanted to make sure everything is where it should be and then, the building inspector just learned: I made a mistake: I zoned this L-1 instead of L whatever, and now you don’t meet the setbacks for the road. He originally told us 25 feet. The camp is 39 feet from the road. The setbacks are 75, so everything changes and we are already under contract with our guy to do the foundation. We didn’t think there was any problems, because we’ve handed in all our paperwork, we’ve gone through the APA [Adirondack Park Agency], we’ve done everything right up to this point other than this mistake on the building inspector’s.

Chairman Kenneth Coirin: Yes, it is unfortunate he made a mistake.

Lenore Bellinger: So, we are here asking for a variance to keep the camp where he originally gave us the setbacks. If you go down through there, there’s other camps which are a lot closer than we’ve already been are asking for. Like Lot 114 is 19 feet. Each one of these [documents she’s submitted]

Chairman Kenneth Coirin: Yes, we’ve got that in there.

Lenore Bellinger: So, that’s what we’re in here for. We’re trying to move forward. We’ve crossed our T’s and dotted our I’s. Here’s a letter from the Army Corps of Engineers. One thing that John [Duesler, Code Enforcement Officer] was missing was a letter from APA [Adirondack Park Agency]. On July 7, 2016, the Army Corps of Engineers came out looked at the property and he marked the wetlands and did all the measurements. On July 9, two days later, APA [Adirondack Park Agency] came out. Whatever the Army Corps of Engineers does, she [the Adirondack Park Agency employee] doesn’t go against them. So, they deemed everything to be perfect — we were moving forward. That letter was missing in our file. I’ve since got a copy from APA [Adirondack Park Agency] if you’d like a copy of that. I do have a copy. We don’t want to be moving backwards. We just want to be moving forwards. So that’s where we are with this whole plan.

Lenore Bellinger submitted an APA Jurisdictional Determination J2016-0506, to board members.

Lenore Bellinger: Our septic is in. Our well is in. We spent money for engineered blueprints, engineered septic plans, and we’re under contract to put the cellar in.

Chairman Kenneth Coirin: Just give us a couple minutes to read through this.

Chairman Kenneth Coirin: Is there anybody here who would like to speak to this?

Douglas Purcell: Any correspondence?

There was no correspondence on any of the cases.

Chairman Kenneth Coirin: In that case, we’ll close the public portion and open it up to the board.

The public closed at 7:21 PM.

Douglas Purcell: I want to make a little bit of a correction. During your discussion, you commented that the setback from the road is 75 feet. That’s actually not correct: the setback is 50 feet. So you are only encroaching 11 feet into that area. It’s a good thing.

Lenore Bellinger: Thank you. I don’t want to change anything.

Douglas Purcell: The diagrams that are included are pretty generic and basic. At this point, you do not anticipate any building being closer to the road than what you’ve already done, with additions?

Lenore Bellinger: No.

Douglas Purcell: OK.

Lenore Bellinger: No, 39 feet is exactly where we want it.

John Bellinger: Just to mention, when got approved, we got approval from him — the septic has been in for over a year. Now, we are moving. We got the building permit. Unfortunately, things fell through with the guy to put the cellar in because it was a month in looking over our plans before he approved them. So, we had to wait ’til spring, which was now. Now, we’re back on spot work. They’re going us, putting other cellars in. We’re just trying to get things going. So, we can continue this.

Lenore Bellinger: We are actually under contract with the guy. He was actually start it two weeks ago. We didn’t think there was any problems. We’d done everything we were supposed to do. and John [Bellinger] was just check with John [Duesler, Code Enforcement Officer] — my husband’s name is John. But, now he’s pushed that cellar ahead of ours. He’s been willing to work with us a little bit.

Chairman Kenneth Coirin: That’s good.

Douglas Purcell: That’s the only question I have.

Frank Malagisi: I see that it shows that you are 105 feet from the high water mark.

Lenore Bellinger: Yes.

Frank Malagisi: And the high water mark is 75 feet.

Lenore Bellinger: We don’t want to push closer to the lake. We actually want to stay away from the lake.

Frank Malagisi: I know, but both ends, kind of.

Chairman Kenneth Coirin: Anybody else have any questions? Concerns?

Chairman Kenneth Coirin: The Zoning Board of Appeals, in the granting of an 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 health, safety, and welfare of the community. There are five criteria. The first is 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 said no.

Chairman Kenneth Coirin: Secondly, 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.

Chairman Kenneth Coirin: I think they’re kind of blocked in with the wetlands.

Douglas Purcell: The wetlands certainly make a difference.

All board members said no.

Chairman Kenneth Coirin: Thirdly, whether the requested area variance is substantial.

Douglas Purcell: They’re encroaching about 20% on the setback.

All board members said no.

Chairman Kenneth Coirin: Fourthly, 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 said no.

Chairman Kenneth Coirin: Fifthly, 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 agreed no.

Chairman Kenneth Coirin: I’ll entertain a motion on this.

Douglas Purcell: I’ll make the motion that we grant the variance application Z2018-04 as submitted.

Kathleen Ellerby: I’ll second it.

Chairman Kenneth Coirin: A yes vote grants the application. A no vote denies it. Secretary, please call the roll.

Roll call vote:

Chairman Kenneth Coirin: Yes
Douglas Purcell: Yes
Frank Malagisi: Yes
Kathleen Ellerby: Yes
Peter Welker: Yes

Chairman Kenneth Coirin: It’s passed.

Lenore Bellinger: Thank you very much.

Chairman Kenneth Coirin: You’re welcome. Now it does have to go to the APA [Adirondack Park Agency] even though you’ve got your letter.

Lenore Bellinger: I did speak with Doug Miller [Douglas Miller, Adirondack Park Agency, Environmental Program Specialist] because for some reason she didn’t remember visiting the property. Once he pulled it up, he was like: I don’t think she needs to come back out there. So, he says she’s scheduled to come out in June or something. I don’t know. I’m going to get back on the phone with him. I wanted to talk with him about building a little boardwalk over the wetlands.

Chairman Kenneth Coirin: We’ll check and see if it has to go or not.

Lenore Bellinger: Yes, he told me it didn’t have to when I spoke with him two weeks ago.

Chairman Kenneth Coirin: But the Code Enforcement Officer will get back in touch with as to whether it has to go or no it doesn’t. But, you are approved through here.

John Bellinger: At the time I also want to add: the only thing that was in question with the APA [Adirondack Park Agency] was the wetland and if we had enough room to put the septic in. So, that was their only concern. That’s when that letter got turned over to you.

Frank Malagisi moved to adjourn. Douglas Purcell seconded the motion. All board members said aye. The meeting adjourned at 7:26pm.

Respectfully submitted
James McMartin Long
Town of Caroga Deputy Supervisor,
acting as Zoning Board of Appeals Secretary

Copyright © James McMartin Long 2017–2024