The Regular Monthly Meeting of the Town Board of the Town of Otsego were held on the 10th day of

Town of Otsego Zoning Board of Appeals

Minutes - February 21, 2006

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date (the meeting scheduled for January 17 was postponed at the request of the agenda's only applicant, due to the threat of inclement weather). Chairman Anthony Scalici called the meeting to order at 7:34 PM. Roll call was taken by Secretary Bill Deane. Members present were Scalici, Greg Crowell (Vice-Chairman), Joe Potrikus, and Sam Hoskins. Jim Ferrari was absent.

Greg Crowell moved to approve the minutes of the December 20, 2005 meeting as written. Joe Potrikus seconded the motion and it was approved, 4-0.

General correspondence received since the last meeting consisted of a hard-copy of the letter faxed by Lambert & Trosset for the Village of Cooperstown application on the date of that meeting; a January 12 letter from Wayne Bunn, reiterating his objections to the Stabile application; and the Board's letter to Stabile neighbors Pamela & Richard Scurry, returned to sender for "no such number."

The Board moved on to applications.

APPLICATIONS

05.12 - Frank & Katherine Stabile - Area variance, addition of room to existing structure - 6773 State Highway 80 (#69.60-1-9.03)

Engineer Hans deWaal represented the applicant, who wants to remove a 10'x24' porch and replace it with a 16'x24' addition to the house. They want to increase their living space to justify the expense for a new septic system. deWaal submitted a copy of a letter he had written to the ZBA on January 18, formally asking that the clock be stopped on the decision process, in view of his request for a postponement until February 21. Chairman Scalici asked if deWaal was prepared to "restart" the clock, and deWaal said he was.

deWaal submitted a letter from applicants Frank & Katherine Stabile, describing the property (with an accompanying photo) prior to the construction. He also submitted the County's aerial photo of the property, showing it in relation to the neighboring properties. Board members reviewed the new and old documents and exchanged thoughts about the project. The consensus was that it would be hard to justify saying the project met the requirements of Land Use Law Section 9.03, as it is a substantial addition and the difficulty was self-created.

Scalici also expressed concern about possible Planning Board objections. deWaal defended the project and his role in it, and asked whether it could be approved contingent on Planning Board site plan approval. Scalici said he didn't think that would be proper procedure.

Joe Potrikus remarked that the project would be less-objectionable if only the current porch were replaced by living space, with the additional 6'x24'space consisting of a porch with a lower shed roof. deWaal and the Board were receptive to that idea.

Greg Crowell moved to grant variances of 18 feet on the north side and 18 feet on the south side for a 10'x24' house addition and a 6'x24' open porch with a shed roof. Crowell said that, while the proposed project will produce a change in the neighborhood, overall it will not have an undesirable effect; the benefit sought (an increase in living space while retaining a porch) cannot be achieved by any other feasible method, as building upward rather than outward would obstruct the view of neighbors; and, though the difficulty is self-created, the variance sought is not substantial. Scalici added that the proposed project is in keeping with neighboring properties, and it produces an improvement in the property and an overall positive effect, which the Board encourages. Potrikus seconded the motion and it was approved, 4-0.

06.01 - David Nash - Area variance, construction within 100 feet of Canadarago Lake - 2131 County Highway 22 (#38.20-1-18.00)

Engineer Hans deWaal represented the applicant, submitting a letter giving him permission to do so, and a check for the $25 application fee. He seeks a front-yard variance of 35 feet, a north side-yard variance of 24 feet, and a variance on Land Use Law Section 4.04, to permit construction within the 100-foot Canadarago Lakeshore protection area (the current structure is 42 feet from the Lake; the new construction would bring it to within 30 feet of the Lake).

deWaal submitted a tax map and the County's aerial photo of the property, showing it in relation to neighboring properties. He also submitted photos of neighboring structures. The Board reviewed the application and other documents.

Sam Hoskins moved to deem the application complete and schedule a public hearing for March 21. Greg Crowell seconded the motion and it was approved, 4-0.

OTHER BUSINESS The Board discussed the appointments of ZBA Chairman and Vice-Chairman. Chairman Scalici said that, since he was not sure whether he would continue on the Board after his term expires in December, he wanted to step down as Chairman. He nominated Vice-Chairman Greg Crowell to succeed him, if he was willing. Crowell said he was, and the Board agreed to the nomination by consensus. Neither Sam Hoskins nor Joe Potrikus expressed interest in succeeding Crowell as Vice-Chairman, so Scalici said he would be willing to serve as Vice-Chairman during the remainder of his term. Crowell nominated Scalici as Vice-Chairman, and the Board agreed to the nomination by consensus.

With no other business, at 8:43 Greg Crowell moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary