Town of Otsego Zoning Board of Appeals
Minutes – January 20, 2009

 REGULAR MEETING
The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date (there was no meeting in December, 2008).  Chairman Greg Crowell called the meeting to order at 7:11 PM and roll call was taken by Secretary Bill Deane.  All Board members ultimately were present: Crowell, Tony Scalici (Vice-Chairman), Sam Hoskins, and Bill Kitchen (who arrived at 7:15, after the first vote).  Scalici said he would not be at the February meeting, meaning the other three members would have to attend to have a voting quorum.

Chairman Crowell asked if anyone had a potential conflict with tonight’s applicant.  No one reported any conflict.

Scalici moved to approve the ZBA minutes of November 18, 2008 as written.  Hoskins seconded the motion and it was approved, 3-0.

Chairman Crowell reviewed correspondence received since the last meeting:

·         The January/February 2009 issue of Talk of the Towns&Topics, copies of which were distributed to members.

·         Copies of the Land Use Law amendments adopted by the Town Board on December 10, 2008.  These were distributed to the members.  Bill Deane summarized the revisions, and explained that others were in the works, thus these pages shouldn’t be incorporated into the master books just yet.

·         Fliers (distributed to members) on a training program, “SEQRA,” to be held in East Syracuse on March 4. 

·         An e-mail from Otsego County, regarding a “Planning Board Overview tutorial available on-line, and noting that a similar ZBA tutorial was in the works.

The Board moved on to applications.

APPLICATIONS
09.01 – Bill Adams – area variance, construction of deck in Canadarago Lakeshore protection area – 194 Bibik Road (#52.11-1-27.00)
Applicant Bill Adams submitted drawings and explained his proposed project of constructing a deck onto an existing structure on the east side of Canadarago Lake.  He said the construction would be about 22 feet from the center of Bibik Road on the east, and 70 feet from the high-water mark of the Lake on the west, requiring variances of about 38 and 30 feet, respectively.  He said he had paid $50 to the Zoning Enforcement Officer for his application fees. 

Tony Scalici asked that Adams provide the exact variances sought, and also the corresponding dimensions of neighboring properties.  Scalici moved to deem the application complete contingent on the receipt of these items by February 3, and to schedule a public hearing for February 17.  Sam Hoskins seconded the motion and it was approved, 4-0. 

Adams said he would not be present for the February hearing, and had no one who could represent him.  He said he would take his chances that no one would come to the hearing with questions, rather than push the project back a month by delaying the hearing until March.  Bill Deane explained the next steps involving the Planning Board, if his variances were granted.  In order to get on the March 3 Planning Board agenda, he would have to submit a site plan review application to the Zoning Enforcement Officer by February 17.

09.02 – John Meyer – area variance, addition to existing structure – 134 Red House Hill Road (#69.00-1-12.02)
Chairman Crowell read aloud a January 6 letter (filed) from applicant John Meyer, stating that he was withdrawing his application.

09.03 – NYSHA (Joe Siracusa) – area variance, construction within 100 feet of Otsego Lake, Native American Interpretive Site – State Highway 80 (#115.00-1-4.00)
Joe Siracusa, Director of Operations for the Farmers’ Museum, and landscaper Michael Haas were present.  Haas paid $25 cash (later delivered to the Town Clerk) for the application fee.

Siracusa and Haas explained the proposed project of constructing a Native American interpretive site behind the Fenimore Art Museum.  It would start with the relocation of the Seneca Log House from the Farmers’ Museum.  They had gone before the Planning Board, which sent them to the ZBA for a variance from Land Use Law Section 4.04 (lakeshore protection), since part of the construction was within 100 feet of Otsego Lake.   Siracusa and Haas displayed photos and architectural drawings relevant to the project.

Siracusa and Haas said that, contrary to what they originally thought, the buildings (bark huts) would all be more than 100 feet from the Lake.  They corrected their application to reflect this.  The only portion of the project within the 100-foot distance would be the wall/seating area, which would be 55 feet from the Lake, thus requiring a 45-foot variance on the east.

The Board reviewed Section 4.04 and the revised definition of “structure,” to determine whether a variance was actually needed for the wall/seating area.  The consensus was that a variance was necessary.

Sam Hoskins moved to deem the application complete as amended, and to schedule a public hearing for February 17.  Tony Scalici seconded the motion and it was approved, 4-0.  Bill Deane explained the next steps involving the Planning Board, if their variance were granted. 

OTHER BUSINESS
The Board discussed the roles of ZBA President and Vice-President for 2009.  Both Greg Crowell and Tony Scalici said they were willing to continue in their respective positions.  Scalici moved to reappoint Crowell as ZBA President.  Sam Hoskins seconded the motion and it was approved, 4-0.  Hoskins moved to reappoint Scalici as ZBA Vice-President.  Crowell seconded the motion and it was approved, 4-0.

Bill Deane noted that he had been e-mailing the minutes and agendas to ZBA members, in addition to mailing hard-copies of the same documents.  He asked whether he could simply e-mail the documents in the future, as he now does with the Planning Board, saving time, postage, and paper.  The consensus of the ZBA was that Deane should continue mailing these documents. 

With no further business, at 8:24 Chairman Crowell adjourned the meeting.

Respectfully submitted,

Bill Deane, Secretary