Zoning Board of Appeals September 3, 2020 Minutes

Chair Douglas Purcell opened the public hearing at 7:00pm. He announced that tonight’s meeting is being conducted as a tele-conference in compliance with NY governor Andrew Cuomo’s Executive Order of March 12, 2020, No. 202.1, and extended through September 4, 2020 with Executive Order 202.55.

Members of the public in attendance: Laura Moran, one unidentified party.

Roll call:

Chair Douglas Purcell: here
Kenneth Coirin: here
Frank Malagisi: here
Kathleen Ellerby: here
John Byrnes: here

Chair Douglas Purcell said the meeting minutes of August 6, 2020 and August 20, 2020 were published to the web on August 31. He asked if there any changes or correction to the minutes from those two meetings. Hearing none, he then asked for a motion to approve.

Motion: Kenneth Coirin moved to approve the minutes of August 6, 2020 and August 20, 2020. Kathleen Ellerby seconded the motion. All were in favor.

Application Number Z2020-07 by Laura & Sean Moran, 10 Patroon Place, Ballston Lake NY 12019, is for the property located at 112 Hys Road and identified as parcel 83.9-2-21 in LF-2.5 zoning district, APA Low Intensity.

The property owner proposes to build a 12 foot by 17 foot (204 square foot) deck on the rear property side of said location. This consideration involves the following section(s) of the local zoning ordinance. Article 4, Section I, Subsection B; District Regulations. Acreage of this parcel allows 1,176 square feet of ground to be covered. Without the proposed deck the coverage is 1,443 square feet. With the proposed deck coverage is 1,647 square feet. This would put the allowed coverage often percent over by 471 square feet. A variance of 471 square feet is being requested. The allowed Side Yard Setback for this property is 13.2 feet. Proposed setback is 10 feet: therefore a 3.2-foot variance is being requested.

Chair Douglas Purcell said we have one application before the board tonight. He said this will be two-part hearing for the application; a public and a closed. He said the Board will first hear from the applicant, entertain comments from the public, and hear any correspondence. He reminded those speaking to address all comments to the Board. He said that during this time, the Board will refrain from questions or comments as this will be done in closed session. He said once all parties have had an opportunity to speak, the Board will go into closed session..

Chair Douglas Purcell said that at this time the Board will hear Application Z2020-07, by Laura and Sean Moran for the property located at 112 Hys Road and identified as parcel 83.9-2-21. He said the property owners propose to build a 12 foot by 17 foot deck on the rear of said property. He said the area coverage and side yard setback are at issue.

Chair Douglas Purcell asked the applicant to describe for the board the project and justification for the requested variance.

Laura Moran said they purchased the home at the end of last season. She noted there was no outdoor living section. She said they bought the home because it was right on the lake. She envisioned a deck off the back. She said they have had some drainage issues at the back of the home. She said the deck out the back would assist with the drainage issues. She said the land is saturated. She said that made the land unusable when there is rain, since the land is near the lake water level. She is looking to get permission to add the 12 foot by 17 foot deck. She conceded that would put the parcel over the allowed percent coverage. She also noted that the building is 10 feet from the side boundary. She said they are proposing the deck to be “symmetrical to the house”. She said the deck would not extend past the house closer to the side boundary. She said their goal is to enjoy the lake.

Chair Douglas Purcell asked for comments from the audience.

There were no comments from the public

Chair Douglas Purcell asked if there was any correspondence related to the application.

Clerk James McMartin Long said there was none.

Chair Douglas Purcell said that at this time the Board will go into closed session to discuss the application.

The Board went into closed session at 7:05pm.

Frank Malagisi asked why 17 feet wide.

Laura Moran said 17 feet is the width of the house so the width was to keep it symmetrical to the house.

Frank Malagisi asked if the applicant would consider shortening the deck.

Laura Moran said they have a sliding glass door on the back and its on the side that has the setback issue.

Frank Malagisi suggested 10 foot by 16 foot.

Laura Moran said she has 12 foot boards.

Frank Malagisi said he had no further questions.

Kathleen Ellerby observed two different setbacks on two provided drawings, one has 8 foot and the other has 10 foot. She asked which was correct.

Laura Moran said the 10 foot measurement is correct. She said the one with 8 foot was the initial drawing that went to the Code Officer was an estimate. The ZBA application had more accurate measurements.

John Byrnes asked what the percent coverage overage was.

Chair Douglas Purcell said the current coverage is 12.3 percent and the proposed increase is to 14 percent.

Kathleen Ellerby said she came up with the same thing.

John Byrnes said that was a reasonable request.

Kenneth Coirin said it seems pretty cut and dried.

Chair Douglas Purcell said one of his concerns was the proximity to existing dug well. He figured they would be five feet away from the dug well. He asked how deep the supports would be.

Laura Moran said four feet depth.

Chair Douglas Purcell said Frank Malagisi had asked about the 17 foot dimension, but he was more concerned about the 12 foot dimension. He asked if they had considered something like 8 foot by 17 foot. He noted 12 feet was a large distance out.

Laura Moran said it was the size they had planned. She thought it should be far enough away from the dug well that it shouldn’t be a problem.

Chair Douglas Purcell asked where the septic was.

Laura Moran said it was on the road side.

Chair Douglas Purcell said that was his hope. He asked the Board if there were any other questions. There were none. He said he had looked at the Short Environmental Assessment Form and the SEQR determination would fall into a Type II action, 617.5(c)(9) as it is a construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls. He concluded that the Board did not need to do a SEQR determination.

Chair Douglas Purcell said since there were no additional questions or comments and no significant adverse determination for the SEQR review, he would go on to the criteria for an area variance. He then read from the Zoning Ordinance:

In making its determination, on an area variance application the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the ZBA shall also consider:

1. 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 the area variance;

Kenneth Coirin said no.

Frank Malagisi said no.

Kathleen Ellerby said no.

John Byrnes said no.

Chair Douglas Purcell said no.

2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

Kenneth Coirin said no.

Frank Malagisi said no.

Kathleen Ellerby said no.

John Byrnes said no.

Chair Douglas Purcell said no, they are already over the percent coverage so anything they would want to do would require an area variance.

3. Whether the requested area variance is substantial;

Kenneth Coirin said no, not overly.

Frank Malagisi said that if you take the whole property, it is substantial.

Kathleen Ellerby said no.

John Byrnes said no.

Chair Douglas Purcell said, regarding the side yard setbacks, he was pleased the applicant wasn’t going any closer to the one side yard setback, and thus not substantial given the existing structure and an increase from 12.3% to 14% was marginally substantial, but taking the 8 foot depth he had previously suggested, he said that it would be tight with chairs. Thus, he concluded it was not substantial.

4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

Kenneth Coirin said no.

Frank Malagisi said no.

Kathleen Ellerby said no.

John Byrnes said no.

Chair Douglas Purcell said no.

5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the ZBA, but shall not necessarily preclude the granting of the area variance.

Kenneth Coirin said no.

Frank Malagisi said no.

Kathleen Ellerby said no.

John Byrnes said no.

Chair Douglas Purcell agreed.

Chair Douglas Purcell continued, reading from the Zoning Ordinance:

The ZBA, in the granting of area variances, 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 the health, safety and welfare of the community.

Chair Douglas Purcell said he would entertain a motion.

Motion: John Byrnes moved to grant the variance application as submitted. Kathleen Ellerby seconded the motion.

Roll call vote:

Chair Douglas Purcell: yes
Kenneth Coirin: yes
Frank Malagisi: no
Kathleen Ellerby: yes
John Byrnes: yes

Chair Douglas Purcell said the variance has been granted but referred to the Adirondack Park Agency. The APA has 30 days after receipt of a complete referral to reverse the granting of a variance.

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

The meeting adjourned at 7:21 pm.

Respectfully submitted
James McMartin Long
Town of Caroga Town Board Member,
Zoning Board of Appeals Clerk/Secretary

Copyright © James McMartin Long 2017–2024