Town of Otsego Zoning Board of Appeals

Minutes - January 18, 2005

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date (no meetings were held in November or December, 2004, as there were no agenda items). Chairman Anthony Scalici called the public hearing to order at 7:38 PM.

PUBLIC HEARING

Application #05.01 - Deborah Kantor, Portabello's Restaurant - Area variances, side- and front-yard setbacks, 6027 St. Hwy. 28, Fly Creek (#114.05-1-61.00)

Present were the applicant, Deborah Kantor, and her son, Josh, neither of whom spoke during the public hearing. Also present was one member of the public, Ed Kukenberger. Chairman Scalici asked him why he was present, and Kukenberger said he was there "to see what's going on."

Scalici said that the Board members had not seen the application until tonight, so they needed time to review it. After a few minutes of doing so, he announced that the public hearing would be left open while the Board proceeded to the regular meeting.

REGULAR MEETING

Chairman Scalici called the regular meeting to order at 7:44 PM. Board members present were Scalici, Greg Crowell (vice-chairman), and Sam Hoskins. Absent were Jim Ferrari and Joe Potrikus. Also present were Zoning Enforcement Officer Jane Berry and ZBA Secretary Bill Deane.

The Board reviewed the minutes of October 19, 2004, mailed in November. Since no member had brought his copy of the minutes, new copies were provided. Sam Hoskins moved to approve the minutes as written. Greg Crowell seconded the motion, and it was approved, 3-0.

Correspondence received since last meeting consisted of the January-February, 2005 Towns & Topics magazine and the Fall 2004 Planning News, which were left out for perusal.

At 7:52, Chairman Scalici said he was closing the public hearing. Greg Crowell made a motion to that effect, seconded by Sam Hoskins, and carried, 3-0. The Board
proceeded to the application.

APPLICATION

Application #05.01 - Deborah Kantor, Portabello's Restaurant - Area variances, side- and front-yard setbacks, 6027 St. Hwy. 28, Fly Creek (#114.05-1-61.00)

Deborah and Josh Kantor approached the table to answer questions. The Kantors had erected a movable 8x11' storage shed/doghouse in their parking lot without going through proper channels. Though the structure is under 100 square feet, not requiring a permit, it does require an area variance due to its proximity to the property lines at both the south and west sides. Jane Berry had thus required them to file a ZBA application and come before the Board tonight.

Josh Kantor pointed out on the existing blueprint where the new structure is located, within 16 inches of the west property boundary and two feet of the south boundary. He designated the south property boundary as the rear-yard (requiring a 30-foot setback) and the west boundary as the side-yard (requiring a 15-foot setback). He said that the structure does not affect parking spaces.

After deliberation, Greg Crowell moved to grant a variance of 28 feet on the south (rear) side, and 13'8" on the west side, citing that no undesirable change will be produced in the character of the neighborhood; that the benefit could not be achieved by any other feasible method; that, while the variance is substantial, it produces no adverse impact on the environment; and that, while the alleged difficulty is self-created, the project is done with the intent to improve the efficiency of the operation.

Sam Hoskins seconded the motion, and it was approved, 3-0. The Kantors paid the $25 application fee.

OTHER BUSINESS

Bill Deane checked with the Town Clerk, and confirmed that the Town Board had reappointed Anthony Scalici as ZBA chairman for 2005 and Sam Hoskins as a ZBA member through 2009. ZBA members discussed their appointment of a vice-chairman for 2005. Scalici recommended that, if Greg Crowell was willing to continue as vice-chairman, he be reappointed to that position. Hoskins seconded the sentiment, and Crowell accepted the nomination.

Board members expressed frustration at their not seeing the Kantor application before tonight's public hearing, and questioned the practice of holding the hearing on the same day the application came before the Board. Jane Berry and Bill Deane explained their roles in creating an agenda and distributing documents to ZBA members. Berry apologized for a lapse of communication in this instance. She said it has been the practice since last summer that she deems applications complete, then schedules the application and the public hearing on the same date. Deane said that, based on the Board's feedback, in the future he would mail the agenda and other documents two weeks before the meeting, instead of one week.

Sam Hoskins mentioned the Planning Board's work on recommending changes to the Land Use Law, and said that the ZBA should be involved in this process as well. He suggested that the two Boards meet together at some point. Jane Berry suggested that the Board also update the ZBA by-laws, which are "ancient."

With no further business, at 8:32 PM Greg Crowell moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary