Town of Otsego Zoning Board of Appeals

Minutes - June 21, 2005

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Anthony Scalici called the public hearings to order at 7:38 PM. He explained that the purpose of such hearings was to get input and comments from the public, and introduced each application individually.

PUBLIC HEARINGS

05.05 - Richard Brady - Area variance, enclosed porch - Marble Road,
Richfield Springs (#52.08-1-9.00, et al)

Harold Armstrong, describing himself as a neighbor of Brady's,
said that he was in favor of the proposed project. No one else from the
public responded, nor was there any correspondence received.

05.06 - John Tedesco - Area variance, construction of second house on
5.98-acre lot - 590A County Highway 26, Fly Creek (#114.00-1-56.02)

No one from the public responded, nor was there any
correspondence received.

05.07 - James & Katherine Sullivan (Jim Rogers) - Area variance, addition to
existing camp within 500 feet of Otsego Lake - Lake Shore Drive, Cooperstown
(#69.44-1-33.00)

No one from the public responded, nor was there any
correspondence received.

05.08 - Jocelin-Hastings Trust (Jim Rogers) - Area variance, addition to
existing structure within 500 feet of Otsego Lake - State Highway 80,
Cooperstown (#69.36-2-19.00)

No one from the public responded. Bill Deane noted that he had
received a phone call from Barbara Nichols that day, wondering why she had
not been notified, since she is a close neighbor of this property. She
expressed no objections, but this raises the question as to whether all the
neighbors within 200 feet were identified by the applicant. Deane had
invited Nichols to attend the meeting if she had any comments or questions
about the project, but she did not attend.

At 7:42, Greg Crowell moved to close the public hearings. Jim
Ferrari wondered whether it was proper to have public hearings at the same
meeting the applications were introduced to the Board members, but was
reminded that the ZBA had been doing it that way since last year. Ferrari
then seconded the motion, and it was approved, 3-0.

REGULAR MEETING

Chairman Anthony Scalici called the regular meeting to order at 7:42 PM, and
asked ZBA Secretary Bill Deane to take roll call. Board members present
were Scalici, Greg Crowell (vice-chairman), and Jim Ferrari. Absent were
Sam Hoskins and Joe Potrikus. Also present were Zoning Enforcement Officer
Sal Furnari and Deane.

Chairman Scalici referenced the minutes of the past three meetings, none of
which had yet been approved (there were no meetings in February or May).
Jim Ferrari moved to approve the minutes of the January 18 meeting as
written. Greg Crowell seconded the motion, and it was approved, 3-0.

Greg Crowell wondered whether he could vote on the March minutes, since he
was not present at the meeting. Bill Deane noted that all three votes were
necessary to approve any motion tonight. Chairman Scalici said attendance
at a meeting is not necessary to vote on the approval of minutes, so Crowell
moved to approve the minutes of the March 15 meeting as written. Jim
Ferrari seconded the motion and it was approved, 3-0.

Greg Crowell moved to approve the minutes of the April 19 meeting as
written. Jim Ferrari seconded the motion and it was approved, 3-0.

Chairman Scalici reviewed correspondence received since the last meeting.
It consisted of a mailer from the Audubon New York association, advertising
a book entitled Important Bird Areas of New York, and a flier from the New
York State Association of Towns regarding Planning and Zoning Summer
Schools. These items were passed around to the attendees.

With no further old business or correspondence, the Board moved on to
applications.

APPLICATIONS
05.05 - Richard Brady - Area variance, enclosed porch - Marble Road,
Richfield Springs (#52.08-1-9.00, et al)

Engineer Johannes deWaal represented the applicant, who wants to
build an enclosed porch replacing a smaller porch on an existing property
within 500 feet of Canadarago Lake, requiring setback variances on the north
and south sides. Chairman Scalici noted that there was no tax map with the
application, making it difficult to identify how the property fits into the
neighborhood. He asked Sal Furnari to make sure future applications
included tax maps showing properties within 200 feet of the applicants'.
Furnari retrieved the Town's tax map to help with this application.

Hans deWaal submitted drawings and photos of the building,
saying it is not as close to the lake as are the buildings on neighboring
properties.

Jim Ferrari asked whether the applicant should be seeking a
variance under Section 4.04 on page 19 of the Land Use Law, in addition to
the setback variances. This section addresses the Otsego and Canadarago
Lakes Shoreline Protection Area, and was amended by the Town Board on
September 8, 2004. The ZBA members present did not realize that the law had
changed, restricting construction within 500 feet of the lakes rather than
100 feet. Chairman Scalici expressed frustration that the ZBA is not
properly informed about changes to the Land Use Law, and wondered what the
motivation for this change was. The Board will need time to explore these
issues.

Ferrari said that the applicant would need to provide a tax map,
designating the proximity to the lake of buildings on neighboring
properties, and to address Section 4.04 on his application. They asked
deWaal to return with this information at or before the next meeting. Bill
Deane noted that the Board had 62 days to act on an application once a
public hearing is held.

Ferrari moved to table the application until the July 19
meeting. Greg Crowell seconded the motion and it was approved, 3-0.

05.06 - John Tedesco - Area variance, construction of second house on
5.98-acre lot - 590A County Highway 26, Fly Creek (#114.00-1-56.02)

John Tedesco was present. He has a house on a 5.98-acre lot in
the RA-2 district, and wants to build a second house on the lot, though
Section 2.03 of the Land Use Law specifies he must have at least three acres
for each house. Tedesco noted that there had previously been a trailer
(with electricity, water supply, and septic system) on the spot he wants to
build the second house, and that the property has about 500 feet of road
frontage, more than enough to meet the requirements of 150 feet for each
house.

Jim Ferrari asked Tedesco whether he had considered subdividing
the property. Tedesco said he didn't want to do that at this time. Sal
Furnari said that he had discussed the application with Planning Board
member John Stucin, who said that subdivision is not necessary as long as
the acreage, frontage, and setback requirements are addressed within
"identifiable land areas," per Land Use Law Section 3.04.

Chairman Scalici asked whether there was a plot plan, and
Tedesco submitted one. Scalici asked Tedesco to designate the length of the
proposed house on the plot, which he did, estimating it as 75 feet long.
The Board reviewed the plot plan and agreed that the only issue was the lot
size, 5.98 acres instead of the required six.

Greg Crowell moved to grant the variance, saying that no
undesirable change would be produced in the character of the neighborhood;
that the benefit sought could not be achieved by any other feasible means;
that a variance of .02 acres is not substantial; that no adverse effect
would be created on the physical or environmental conditions in the
neighborhood; and that, although the difficulty is self-created, the new
structure essentially would replace a trailer which was on the site at one
time. Crowell added the provision that the new construction must meet all
other provisions of Land Use Law Section 3.04. Ferrari seconded the motion
and it was approved, 3-0.

05.07 - James & Katherine Sullivan (Jim Rogers) - Area variance, addition to
existing camp within 500 feet of Otsego Lake - Lake Shore Drive, Cooperstown
(#69.44-1-33.00)

Builder Jim Rogers represented the applicant. Chairman Scalici
noted that, since this property is within 500 feet of Otsego Lake, the Board
would need the same items requested for the Brady application, including
physical evidence that the proposed construction would not be out of
character with the neighboring properties. Rogers could submit photographs
of neighboring structures, or sketch them on a tax map.

Rogers wondered whether other recent applicants from that
neighborhood, such as Michael Feinman, were required to submit the same type
of documentation. Chairman Scalici said that Feinman may not have been,
because the ZBA was not aware of the Land Use Law change; if not, it was
their mistake.

Bill Deane advised the Board that Sal Furnari, the Town's Zoning
Enforcement Officer, had made site visits to this and other applicants'
properties; Deane wondered whether Furnari's testimony would satisfy the
Board's requirements. Chairman Scalici replied that the Board needed
documentary evidence, not hearsay.

Sal Furnari asked whether the Board would need to know the
locations of neighbors' wells and septic systems. Chairman Scalici said
that this is a codes issue and not the ZBA's concern.

05.08 - Jocelin-Hastings Trust (Jim Rogers) - Area variance, addition to
existing structure

Builder Jim Rogers also represented this applicant, and
acknowledged that the same issues would apply, since this project is also
within 500 feet of Otsego Lake.

The Board recognized two people who said they are neighbors of
the Jocelin-Hastings property, and came to comment on the proposed project.
They said they did not understand the public hearing process, which is why
they didn't speak earlier. James Gleason stated that he supports and
approves of the project. Carol Taylor stated that she also approves of it.

Jim Ferrari moved to table both the Sullivan and
Jocelin-Hastings applications until the July 19 meeting, giving the
applicants time to submit the documentation requested. Greg Crowell
seconded the motion and it was approved, 3-0.

With no further business, at 9:15 Jim Ferrari moved to adjourn
the meeting. Greg Crowell seconded the motion and it was approved, 3-0.

Respectfully submitted,

Bill
Deane, Secretary