Zoning Board of Appeals January 30, 2019 Minutes

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

Chairperson Douglas Purcell — here
Vice-Chairperson Kenneth Coirin — here
Frank Malagisi — here
Kathleen Ellerby — here
John Byrnes — here

Members of the public in attendance: Christopher Maddalone, Lucia Maddalone.

Chairperson Douglas Purcell opened the public hearing at 7:00pm.

Chairperson Douglas Purcell asked if there were any corrections or additions to the minutes of the January 8, 2019 meeting. There were none. He then asked if there was motion to waive the reading and accept the minutes as published.

Kenneth Coirin moved to waive the reading of the minutes from the November 29, 2018 Zoning Board of Appeals meetings and accept them as published. Frank Malagisi seconded the motion. All were in favor.

Application Number #Z2018-11

Owner: Christopher & Lucia Maddalone 525 Union Street Schenectady NY 12305 of the property located at: 108 Montayne Lane Caroga Lake NY 12032 and identified as parcel # 83.9-2-25 for a variance to the Town of Caroga Zoning Ordinance which is in violation of Article 4 Sections 4.050 and 4.101 of said code.

Owner Desires to: demolish existing structure and build a single family dwelling. The lakefront setback and lot coverage are at issue.

Chairperson Douglas Purcell: This meeting was last tabled on January 8, 2019. On November 20, 2018 we asked one of the neighbors, Eugene Mierzwa, who was disputing the applicants’ stamped survey, to present their own survey, if they took issue with it. We gave them until the end of the year. We have had no communication back from them. We said in our letter to them that failure to do so would mean that we took that as his acceptance of your stamped survey and that if he has any further disputes, it could be done in civil court. Since we do have a new board member [John Byrnes], we’ll conduct this as a two-part hearing.

Chairperson Douglas Purcell asked Christopher Maddalone for a brief overview.

Christopher Maddalone reviewed his plans. [See 2018-10-23 and 2018-11-20 ZBA minutes.] They own multiple lots. What he labels as “Lot A” has a home 20 foot by 40 foot, 51 feet from shoreline. They have 21 feet from the back lot line. They wish to increase the house dimensions by 4 feet in width and add 6 feet in the front. They’ve already taken down the structure on 105 Montayne Lane on a lot of 2,912 square feet. They intend to combine lots and use that lot for septic for the shoreline home. By combining the two lots, the total about 8,721 square feet. The Code Enforcement Officer recommended centering the replacement structure on the lot to reduce non-conformance. They propose to build a new two-story home, 24 foot by 40 foot. They are requesting a variance of 304 square feet, assuming the two lots are combined. By combining the two lots, the applicant claims that the overall percent coverage is decreased by seven percentage points. The building would go from 800 square feet to 1,104 square feet.

Chairperson Douglas Purcell asked if there was any correspondence. The secretary reported that there was none.

Chairperson Douglas Purcell closed the public session.

Chairperson Douglas Purcell asked if Mr. Maddalone had combined the lots. He had not.

Chairperson Douglas Purcell expressed his concern that if lots were not combined then the area coverage overage would greatly increase.

Frank Malagisi asked if the survey was filed with Fulton County. Mr. Maddalone said it was not. Frank Malagisi said he should file it. Mr. Maddalone agreed.

Frank Malagisi asked if the third lot with an existing structure was going to use the new raised-bed septic field on the lot where the building was torn down. Mr. Maddalone said yes.

Kathleen Ellerby asked what would happen if the lot with the existing structure was sold off in the future, would it have use of the septic field? Mr. Maddalone said that was a good question.

Frank Malagisi asked if he was willing to give an easement so that it appears in the deeds of each of the properties so that there would not be any complications down the road. Mr. Maddalone agreed to do so.

Kathleen Ellerby asked if the building was still on “A”, the shoreline lot, since she could no longer see it. Mr. Maddalone said he just tore it down two or three weeks ago.

John Byrnes asked where the existing septic system was for lot “A”. Mr. Maddalone said he did not know where the septic system for “A” was presently. He knows where there is a tank. He thought it had been there for 60 years. He pointed to where the clean-out access is.

John Byrnes asked if was even possible to put a new house and new septic on the “A” lot. Mr. Maddalone said no, it would not fit with the new requirements of a raised-mound system: there’s not enough room to put a new septic anywhere on the lot. There’s a driveway at the back of the lot.

Chairperson Douglas Purcell asked if Kenneth Coirin had any questions. He did not.

Chairperson Douglas Purcell asked if applicant was concerned blocking the view from his other property located behind his shoreline property. Mr. Maddalone said it would actually increase the lake view.

Chairperson Douglas Purcell asked if there was any way to keep the proposed building from going closer to the lake than the prior structure. Mr. Maddalone said the new front porch would be six feet in depth. It would not be a covered structure. He said that without the porch you would step out of the house onto grass and it would make the house look unattractive.

Chairperson Douglas Purcell asked if there was any room to go back away from the shoreline. Mr. Maddalone said no, because of a driveway easement for a private road.

Frank Malagisi asked if people drive over that easement. Mr. Maddalone said no, the easement was for the house he’d purchased behind the shoreline lot in question and he claimed there was an easement for National Grid to get to a utility pole by the westerly neighbor’s house, though the neighbor’s septic is there so, it won’t be driven on. He restated National Grid “might” have an easement.

Chairperson Douglas Purcell asked if anyone had any additional concerns. There were none.

Chairperson Douglas Purcell: 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.”

Chairperson Douglas Purcell: 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.

All Board members said, “No.”

Chairperson Douglas Purcell: Thirdly, whether the requested area variance is substantial.

All board members said, “No.”

Chairperson Douglass Purcell added: as long as he combines the two lots.

Chairperson Douglas Purcell: 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.”

Chairperson Douglas Purcell: 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.”

Chairperson Douglas Purcell said he would entertain a motion.

Frank Malagisi moved to grant the variance with the stipulation that he has his surveyor file the paperwork for the survey; that he attach an easement to use the septic for both the shoreline and rear properties; and that the septic lot be combined with the shoreline lot.

Kenneth Coirin seconded the motion.

Chairperson Douglas Purcell said we have a motion to approve the variance contingent on the three conditions Frank Malagisi stipulated. A “yes” vote will grant the variance. A “no” vote will deny it.

Roll call vote:

Kenneth Coirin: Yes.

Frank Malagisi: Yes.

Kathleen Ellerby: Yes.

John Byrnes: Yes.

Chairperson Douglas Purcell: Yes.

Chairperson Douglas Purcell discussed local training offerings.

Chairperson Douglas Purcell discussed proposed worksheets and asked for members to review by the end of the next week.

Chairperson Douglas Purcell said he would entertain a motion to adjourn.

Frank Malagisi moved to adjourn. Kathleen Ellerby seconded the motion. All were in favor.

The meeting adjourned at 7:20 pm.

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