Zoning Board of Appeals August 9, 2018 Minutes

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

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

Members of the public in attendance: applicant Nicholas Russo, Richard Ricciardi and Mary Ricciardi.

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

Douglas Purcell moved to waive the reading of the minutes from the July 12 meeting and that they be accepted as written. Kenneth Coirin seconded the motion. All said aye. The motion passed.

Chairman Kenneth Coirin: This is a meeting of the Zoning Board of Appeals to hear application Z2018-07 by Mr. Nicholas Russo for the property located at 180 South Shore Road East Stoner Lake. This is a two-part meeting. The first is open to the public. Then, we’ll close that and go into a closed session for the board.

Z2018-07 owner Nicholas Russo of 35 William St., Gloversville, NY 12078 12032, of the property located at 180 South Shore Rd. East Stoner Lake (vacant with improvement) and identified as parcel # 24.7-1-13.5 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.050 established by Section 4.010 of said code.

Owner desires to: remove and replace existing 10 foot by 14 foot shed with a new larger 16 foot by 16 foot shed. Accessory structures are not permitted by right or by site plan review in said zone.

Chairman Kenneth Coirin: Is there any correspondence on this?

Douglas Purcell: We have one piece of correspondence which I will read into the record.

Douglas Purcell read correspondence from Robert L. Miller, 196 E. Stoner Lake Rd., Caroga Lake, NY, dated July 24, 2018.

Chairman Kenneth Coirin: Would you give us a fast overview as to what you want to do?

Nicholas Russo: Right now, presently, I have a, I believe, an 11 foot by. Take it out of my head,

Mary Ricciardi: 14 [foot]

Nicholas Russo: an 11 foot by 14 foot building and it’s 1 foot off the property line. I would like to move it to the center of the property, which would be 20 foot off one side and 24 foot off the other and 50 foot from the shore and actually be more than 50 foot from the road and it’s going to be a 16 foot by 16 foot, that would be the footprint of the building.

Chairman Kenneth Coirin: OK.

Nicholas Russo: Only because I need. Right now, things are piled up one on top of the other, the floor is gone in it, the door I have to actually kick the door to get it to open up right now.

Chairman Kenneth Coirin: So it’s pretty rotted then?

Nicholas Russo: It was build back in the late 60s.

Chairman Kenneth Coirin: OK.

Nicholas Russo: And it was meant for actually to be a screened in porch and it’s collapsing. So I just want to, I have a, I’ve already talked to the guy, they call it Wooden Stuff, down toward Fonda.

Chairman Ken Coirin: Uh huh.

Nicholas Russo: And he’s going to build it for me. And I’ve got to go and give him the okay when, if this goes through. And it’s going to be just for storage because I want to keep my boating up there, boating stuff up there, lawn mowers, rakes and shovels and stuff like that.

Chairman Ken Coirin: Yeah, normal shed use.

Nicholas Russo: But more than shed, yeah, no, but I don’t want it to look like a shed. I want it to actually look like a building that would enhance the area.

Chairman Ken Coirin: Okay

Nicholas Russo: But make people appreciate it rather than say well here’s another storage building.

Chairman Ken Coirin: Yep.

Nicholas Russo: It’s going to have a door in the front and a door in the back and it’s going to have just empty inside. I’d like to have a porch on it just to make it look like a building that’s going to have a log cabin style siding on it.

Chairman Ken Coirin: Okay. All right, is there anybody else who would like to speak to this?

Richard Ricciardi: I’m just here, an observer.

Nicholas Russo: They’re my sister

Chairman Kenneth Coirin: Oh, alright fine.

Chairman Kenneth Coirin closed the public portion at 7:05 pm

Chairman Kenneth Coirin: Anybody have any questions for Mr. Russo?

Frank Malagisi: How do you know it’s 1 foot off the property line?

Nicholas Russo: I measured it.

Frank Malagisi: You measured it. Has it been surveyed?

Nicholas Russo: Approximate, no it’s approximate. It’s approximate 1 foot? The property next door used to be my grandparents and my father gave it to my aunt and my aunt gave us the house down in Gloversville and then he put a pine tree the top of the property and one at the shoreline to represent the property line. And Bob Miller and Kanches did a survey on their property because Kanches had to have a sewer put in across the road.

Chairman Kenneth Coirin: Okay.

Nicholas Russo: Well, then they put a post, and it happened to be right behind the pine tree and that’s where I measured off from and it’s approximate 1 foot off the property line and I don’t like that.

Chairman Kenneth Coirin: Yeah.

I just never cared for that idea. I wanted it more to the center.

Chairman Kenneth Coirin: Okay.

Frank Malagisi: Moving the shed you’ll be totally on your property?

Nicholas Russo: I’ll be totally on my own property. In the back, I’m like 300 feet out to the county line or the …

Richard Ricciardi: state

Nicholas Russo: state line and I still have on the other side of the road all the way to the shoreline.

Chairman Kenneth Coirin: Yeah.

Nicholas Russo: Right to the water. So, I’m good.

Chairman Kenneth Coirin: You’re quite …

Nicholas Russo: Right where I am.

Chairman Kenneth Coirin: All the setbacks have been met on this. So you’re okay there. Anybody else?

Douglas Purcell: It looked like there were 2 buildings on the property, is …

Nicholas Russo: No, that’s the next one over.

Douglas Purcell: That’s the next one over? Okay.

Mary Ricciardi: Yeah.

Nicholas Russo: That’s the one my parents, grandparents used to... now it’s Dick and what’s her, Nancy, I can’t think of their last. Mendelson [Richard W Mendick] ...

Douglas Purcell: Okay, I just ...

Chairman Kenneth Coirin: Yeah.

Douglas Purcell: It was hard to tell.

Nicholas Russo: Yeah, I know. Whoever took the picture took it on the wrong angle.

Chairman Ken Coirin: Yeah.

Douglas Purcell: Yeah, they did, because …

Nicholas Russo: Because directly in front …

Douglas Purcell: I basically had to go to the code enforcer’s office to even figure out where on the road you were.

Nicholas Russo: Yeah.

Chairman Ken Coirin: Yeah.

Douglas Purcell: Since there was no 911 number. I …

Nicholas Russo: Correct.

Chairman Kenneth Coirin: No.

Nicholas Russo: Yeah, there is no 911 …

Douglas Purcell: Right.

Nicholas Russo: I’m assuming it’s 177, 1 something …

Chairman Kenneth Coirin: Yeah, I had to …

Mary Ricciardi: It’s 180.

Nicholas Russo: It’s 180?

Chairman Kenneth Coirin: Yeah, I had to search for it because I finally found it on his application.

Douglas Purcell: Oh! Okay.

Chairman Kenneth Coirin: Finally, but it took me a while.

Nicholas Russo: Yeah, I didn’t know what number to put on it so I just scribbled a number on there.

Douglas Purcell: And you’re storing materials there, where have you got property that you’re … are you just using the beach that’s on the property across. The lake …

Nicholas Russo: I own all the way from the lake all the way back to the state property.

Chairman Kenneth Coirin: Okay.

Douglas Purcell: But you have no camp or cabin or …

Nicholas Russo: No, this one has been there and it’s all I … like I say, my grandparents used to own the camp next door and my aunt sold it to my sister and my brother-in-law. Then I bought it from her. And they never put a camp on.

Douglas Purcell: Okay.

Chairman Kenneth Coirin: Okay. Anything else? Everybody else is good.

Douglas Purcell: I’m good.

Chairman Kenneth Coirin: Okay, when considering an application, we go through 5 different criteria and I’ll read those now. The board …Yes?

Douglas Purcell: We are doing a use variance, not an area variance.

Chairman Kenneth Coirin: Hmm. Okay. Alright, so we’ll do the use variance. No use variance will be granted without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. The following tests must be met for each and every use allowed by zoning on the property, including uses allowed by special use permit. The applicant cannot realize a reasonable return, as shown by competent financial evidence. The lack of return must be substantial.

Douglas Purcell: I don’t really have a problem with that.

Chairman Kenneth Coirin: I don’t either. It’s …The condition of the existing building is very poor …

Douglas Purcell: Right.

Chairman Kenneth Coirin: He’s going to be moving it from 1’ to 20’

Douglas Purcell: Yep.

Chairman Kenneth Coirin: …from the nearest property line.

Douglas Purcell: Okay.

Chairman Kenneth Coirin: The alleged hardship relating to the property is unique. The hardship may not apply to a substantial portion of the zoning district or neighborhood.

Board members said, “No.”

Chairman Kenneth Coirin: The requested use variance, if granted, will not alter the essential character of the neighborhood.

All board members said, “No.”

Frank Malagisi: It will improve the neighborhood.

Chairman Kenneth Coirin: The alleged difficulty has been self-created.

All board members said, “No.”

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

Douglas Purcell made a motion to grant the granting the variance application Z2018-07. Frank Malagisi seconded the motion.

Chairman Kenneth Coirin: A yes vote grants the application. A no vote denies it.

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

The application has been granted.

Chairman Kenneth Coirin: Does this go to the APA [Adirondack Park Agency]? I’m not sure on this one.

Douglas Purcell: I don’t think …

Chairman Kenneth Coirin: The decision will go to the Code Enforcement Officer and he will let you know when you can begin construction, demolition and construction.

Douglas Purcell made the motion to adjourn. Frank Malagisi seconded the motion. All were in favor.

The meeting adjourned at 7:15 pm.

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

Copyright © James McMartin Long 2017–2024