Town of Otsego Zoning Board of Appeals

Minutes - June 20, 2006

PUBLIC HEARING

06.03 - Eileen & Jim Burda (Hans deWaal) - Area variance, expansion of structure within 100 feet of Canadarago Lake - 165 Marble Road (#52.08-1-32.00)

Chairman Greg Crowell called the public hearing to order at 7:37 PM. Crowell explained that the purpose of the hearing was to hear input from the public about
the proposed project. He asked whether anyone had any comments, but no one responded. After it was left open for four minutes, Tony Scalici moved to close the public
hearing. Sam Hoskins seconded the motion and it was approved, 3-0.

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Greg Crowell called the meeting to order at 7:39 PM. Roll
call was taken by Secretary Bill Deane. Board members present were Crowell, Tony Scalici (Vice-Chairman), and Sam Hoskins. Joe Potrikus and Jim Ferrari were absent.
Zoning Enforcement Officer Mike Miller was also present.

Scalici moved to approve the minutes of the May 16, 2006 meeting as written. Hoskins seconded the motion and it was approved, 3-0.

Correspondence received since the last meeting consisted of the following:

· Notices from Glimmerglass Opera to the individual members, inviting them to a July 5 event.

· A flier from the Association of Towns of the State of New York, regarding Planning and Zoning Summer Schools for 2006. No interest was expressed.

· Copies of the May/June, 2006 Talk of the Towns & Topics, distributed to members.

· Copies of the Spring, 2006 Planning News, distributed to members.

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

APPLICATIONS

06.03 - Eileen & Jim Burda (Hans deWaal) - Area variance, expansion of structure within 100 feet of Canadarago Lake - 165 Marble Road (#52.08-1-32.00)

Engineer Hans deWaal was on hand to represent applicants Eileen and Jim Burda. Chairman Crowell read aloud a May 20 form-letter in support of the project,
signed by neighbor David Muller. The Board briefly reviewed the file documents.

Tony Scalici moved to grant the variances sought for construction of a 12x26' deck, including 25 feet to the north side, 19 feet to the south side, and 34 feet
on the front, also permitting construction within the Canadarago Lake shoreline protection area. Scalici said that the variances were not substantial because they extend
the building by only five feet, with no additional living space and minimal impact on usage; and that the construction was in character with the neighboring properties. Sam
Hoskins seconded the motion and it was approved, 3-0.

06.04 - William Bowers - Interpretation of Planning Board decisions on site plan/special permitted use application by Mark LaValley - 515 Keating Road (#82.00-2-2.07)

Bill Deane explained that William Bowers's application had been rejected by the Town. There is no basis for ZBA interpretation of a Planning Board decision,
and the applicant's only recourse is to file an "Article 78" to the State Supreme Court, which he plans to do.

06.05 - Rons & Janis Pence - Area variance, expansion of deck within 100 feet of Canadarago Lake - 198 Bibik Road (#52.11-1-28.01)

Applicants Rons and Janis Pence were present, explaining their proposal to extend an existing deck on their house within 100 feet of Canadarago Lake. The deck,
on the lake side of the building, currently measures 10 by 16 feet, and is some 60 feet from the Lake. Their project would extend it to 12 by 18 feet, covered by a shed
roof. They would also replace a set of stairs, extending six feet toward the lake. They noted that the Planning Board had denied their putting a roof on the original deck
back in 1997.

ZBA members examined the documents submitted and asked questions about the dimensions and shape of the deck. They determined that the variances needed are 16
feet on the south side and 28 feet on the north side, plus relief from Land Use Law Section 4.04 (construction within the lakeshore protection area). Chairman Crowell noted
that the Board would need documentation (photos and/or drawings on a tax map) on neighboring structures, and Bill Deane said that they would need a list of neighbors within
200 feet, with their addresses. Deane explained the basic respective roles of the ZBA and Planning Board to the applicants.

Sam Hoskins moved to deem the application complete, contingent on the above-mentioned documents being submitted by July 4, and to schedule a public hearing for
July 18. Tony Scalici seconded the motion and it was approved, 3-0.

With no other business before the Board, at 8:30 Sam Hoskins moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary