Zoning Board of Appeals August 23, 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: Charles Lawler (neighbor of applicant, representing applicant before the board due to applicant's work schedule conflict with meeting).

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

Application Number Z2018-08

Owners Brian & Karen Taft, 54 Hampshire Way Niskayuna NY 12309, of the property located at: 110 Broadway Avenue Caroga Lake NY 12032 and identified as parcel # 83.15-8-1, for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.032 of said code.

Owner desires to: Build a bathroom addition/remodel and demolish an existing 8 foot by 19 foot woodshed. The proposed addition does not meet side yard setback as it pertains to a corner lot. An 8 foot variance is being requested.

Douglas Purcell moved to approve and accept the minutes from the August 9 meeting. Chairman Kenneth Coirin seconded the motion. All said aye. The motion passed.

Chairman Kenneth Coirin: These hearings are two-part. The first is for the public. After we hear anything from the public, we’ll close that and go into the session just for the board.

Chairman Kenneth Coirin: Are you Mr. Taft?

Charles Lawler: No, I’m here for him. He’s working tonight. He’s a paramedic in the town of Colonie. He bought his home across from mine last year. Mr. Taft is a big man. He’s as big if not bigger than you are. His bathroom is very small. He only has a 30 inch shower.

Chairman Kenneth Coirin: Kind of difficult.

Charles Lawler: He designed this to bring his bathroom out a little bit and to give him a little bit of closet space in there. And, 45 foot from the center of the road with the new zone— I don't know where it came from, but we're 37 foot, which is still quite a bit away. I'm still in between where the well is and where the septic tank is. They're out quite a bit more.

The secretary asked that the speaker give his name for the record.

Charles Lawler: I don't know if there's anything else you need. This has been going on since April.

The chairman asked if there was any correspondence.

The vice-chair, Douglas Purcell, replied that there was correspondence included with the packet.

Chairman Kenneth Coirin read from the handwritten letter that included signatures from neighbors. The handwritten letter read, in part:

7/30/18
We the undersigned do not have a problem with the addition for Brian Taft at 110 Broadway Ave in Caroga Lake.

The letter was signed by Charles Lawler, William Bellinger, Bert Hanna, Catherine Light, and Gary Gent.

Douglas Purcell: For the record, Ed Jersey did not sign.

The Mendetta's also did not sign.

The secretary asked for a copy of the letter.

Chairman Kenneth Coirin closed public at 7:04 PM.

Chairman Kenneth Coirin: Anybody have any questions or concerns?

Frank Malagisi: I do. Central air system on the side, is that what that is?

Charles Lawler: That’s a generator.

Frank Malagisi: Is that going to?

Charles Lawler: That has to be moved.

Frank Malagisi: OK. Where does he plan on putting it?

Charles Lawler: It is just going to be moved back, away from the house, eighteen foot behind the house, on that side, on that corner.

Douglas Purcell: Frank [Malagisi], on the second drawing, he shows the generator being behind the new addition but near the well.

Frank Malagisi: That’s what I wanted to know: He’s going to go behind.

Douglas Purcell: I have some confusion about what is being requested here. The variance application makes it look like we think we are here to talk about the new addition for the bathroom, which meets all of the setbacks from everything that I see.

Chairman Kenneth Coirin: Yes.

Douglas Purcell: What’s discussed in the denial notice is taking eight feet from a sideline. And I think that they’re talking about the sideline on Second Avenue from what appears to be an eight foot addition to the garage.

Charles Lawler: No. I can understand what you are saying. Go ahead.

Douglass Purcell: My real confusion is: if I look this, the garage is supposed to be in line with all the rest of the structures on there, and it is clearly not.

Chairman Kenneth Coirin: Yes, it extends behind.

Douglass Purcell: It extends behind. And, it extends to me, from my perception, I could not find a property line. Did you have any success?

Chairman Kenneth Coirin: No.

Douglass Purcell: Frank did you?

Frank Malagisi: No.

Kathleen Ellerby: And I didn’t see the woodshed.

Douglass Purcell: Well the woodshed’s down.

Chairman Kenneth Coirin: It’s been demolished.

Frank Malagisi: That’s been taken down. It is eight [foot] by 16 [foot]?

Douglass Purcell: Am I mistaken? What are we here to discuss if it is not the eight feet going towards the back of the property?

Chairman Kenneth Coirin: Yes, it’s the eight feet variance needed from the centerline of Second Avenue to the proposed new construction. That’s how I read this.

Charles Lawler: I was told I needed to be 45 foot from the center of the road of Second Avenue and with the addition it’s 37 [foot]. That’s the difference.

Chairman Kenneth Coirin: Yes, OK.

Charles Lawler: He had us take the shed down in order to put the addition on.

Douglass Purcell: I believe that’s probably for [area] coverage.

Chairman Kenneth Coirin: Right.

Douglass Purcell: I would guess that’s for [area] coverage.

Kathleen Ellerby: I think the confusion is: Here it’s all even and here it sticks out.

Chairman Kenneth Coirin: It actually is out. I see what Doug [Douglas Purcell] meant. On the very first drawing, it shows the garage even with the back line, but it’s clearly that eight foot back.

Frank Malagisi: That’s already the structure that’s been there.

Douglass Purcell: Garage. What it looked like to me also.

Charles Lawler: Yes, no that’s been there.

Frank Malagisi: That’s preexisting.

Charles Lawler: Preexisting.

Chairman Kenneth Coirin: It’s there for…

Douglass Purcell: OK.

Chairman Kenneth Coirin: Yes. On the first one, it shows the garage even with the back.

Charles Lawler: Even? OK.

Chairman Kenneth Coirin: On the second one, it actually shows it as it is.

Charles Lawler: Right. That’s the way it should be.

Chairman Kenneth Coirin: Right.

Charles Lawler: Right. But that is all existing. We just took this out.

Chairman Kenneth Coirin: Right, that was your demolition.

Charles Lawler: Right. He [Code Enforcement Officer John Duesler] had no problem with that. And the other thing he was concerned about is that…

Chairman Kenneth Coirin: This is what we’re talking about.

Charles Lawler: Right. But because it is five foot here and four foot there, he said the drawing measurements didn’t add up. And I said that’s that little 12 inch jog that’s there.

Chairman Kenneth Coirin: That’s already there.

Charles Lawler: Yes. That’s why it is five foot here and four foot there. He had quite a bit of misunderstanding with that.

Chairman Kenneth Coirin: But his whole proposed building line is 37 foot.

Charles Lawler: Yes.

Chairman Kenneth Coirin: Anybody have anything else?

Frank Malagisi: No.

Chairman Kenneth Coirin: Alright.

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.

Board members said, “No.”

Chairman Kenneth Coirin: Secondly, whether the benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than an area variance.

Board members said, “No.”

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

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 said, “No.”

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

Frank Malagisi made the motion to accept the eight foot variance. Kathleen Ellerby seconded the motion.

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

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

Chairman Kenneth Coirin: It has passed.

Charles Lawler: Thank you ladies and gentlemen. I should be able to get it tomorrow, hopefully?

Chairman Kenneth Coirin: Well, we’ll see. I don’t believe this has to go to the APA [Adirondack Park Agency].

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

The meeting adjourned at 7:12 PM.

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

Copyright © James McMartin Long 2017–2024