Zoning Board of Appeals September 20, 2018 Minutes

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

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

Members of the public in attendance: Gail Fisher.

Chairman Kenneth Coirin opened the public hearing at 7:24pm.

Chairman Kenneth Coirin moved to accept the minutes as presented for August 23, 2018 and August 30, 2018. Kathleen Ellerby seconded the motion. All were in favor.

Kathleen Ellerby moved to waive the reading of the minutes. Chairman Kenneth Coirin seconded the motion. All were in favor.

Application Number: #Z2018-10

Owner: Gail Fisher PO Box 714 Caroga Lake NY 12032 of the property located at: 3068 State Highway 29A in the Town of Caroga, and identified as parcel # 83.15-7-4 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Section 4.032 Paragraph (d) and Article 8 Section 8.010 General Exceptions of said code.

Owner Desires to: build an addition and porch at the rear of the current structure. A side yard setback is at issue.

There was no correspondence on this matter.

Chairman Kenneth Coirin: We just need a fast overview on what you want to do even though we’ve already heard it [during the immediately preceding Planning Board session].

Gail Fisher: It is a 50 foot wide lot. I have no room on the one side. I could conceivably go back that way, but that it limits any access to the rear of the property — to work on anything, to put in a garage. It makes sense to me to just go straight back. I am apparently three feet from the property line on that side. I don’t know how accurate that is.

Chairman Kenneth Coirin: You are at least three foot six.

Gail Fisher: Because I’ve never had a survey. That is what I’m told.

Chairman Kenneth Coirin: I think you’re at least three foot six, from what I saw when I was out there.

Chairman Kenneth Coirin closed public at 7:27PM.

Chairman Kenneth Coirin: Any questions or concerns?

Kathleen Ellerby: Gail, looking at your picture — the 18 [foot] by 22 [foot] square that you have, that's the existing house. Correct?

Gail Fisher: Correct.

Chairman Kenneth Coirin: Correct.

Kathleen Ellerby: What’s this little 8 [foot] by 10 [foot]?

Gail Fisher: That’s the bathroom that exists. I’ll be tearing that off. It wasn’t done correctly anyhow.

Kathleen Ellerby: And, I’m just going to throw that out there. Because you only have three foot six inches there. What if you came the 22 [foot] but came 11 [foot], 22 [foot], made an “L” shape, that’d give you —

Gail Fisher: And, it gives me just a little corner there.

Kathleen Ellerby: But, it would give you 13.5 [foot] on one side and 14.5 [foot] —

Gail Fisher: I did look at that. I wouldn’t even have had to come here, but it was important enough to me to file that —

[unintelligible due to several simultaneous voices speaking]

Peter Welker: What zone is this?

Chairman Kenneth Coirin: HC —

Gail Fisher: The roof line, I mean everything —

Chairman Kenneth Coirin: HC is on page —

Gail Fisher: Costs less —

Peter Welker: Highway Commercial —

Gail Fisher: It would be so much more aesthetically and everything.

Chairman Kenneth Coirin: You have anything Pete [Peter Welker]?

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: I don’t think so. In fact, I think it’ll be an improvement.

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.

Chairman Kenneth Coirin: Not going any closer to the line. She needs the room on the other side for access to rest of the lot, so I don’t believe so.

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: I’ll entertain a motion on this application.

Peter Welker moved to grant variance Z2018-10. Kathy Ellerby seconded the motion.

Chairman Kenneth Coirin: A “yes” vote approves the application. A “no” vote denies it.

Roll call vote:

Kathy Ellerby: Yes.
Chairman Kenneth Coirin: Yes.
Peter Welker: Yes.

Chairman Kenneth Coirin: You are approved. It now goes to the Adirondack Park Agency. They have their time to look at it and approve or deny it.

Peter Welker moved to adjourn. Kathleen Ellerby seconded the motion. All were in favor.

Meeting adjourned 7:33pm.

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