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 - July 19, 2005

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Anthony Scalici called the regular meeting to order at 7:34 PM. Roll call was taken by ZBA secretary Bill Deane. Members present were Scalici, Jim Ferrari, and Joe Potrikus. Absent were Greg Crowell (vice-chairman) and Sam Hoskins. Also present was Zoning Enforcement Officer Sal Furnari.

The Board referred to the minutes of the June 21 meeting, mailed to the members. Jim Ferrari moved to accept the minutes as written. Joe Potrikus seconded the motion, and it was approved, 3-0.

Chairman Scalici referred to the only piece of correspondence received since the last meeting, a notice from Town Clerk Pam Deane about an August 10 public hearing on proposed Land Use Law changes, encouraging ZBA members to attend. Copies of the notice were distributed.

Scalici also reported on his telephone conversation with Town Supervisor Tom Breiten about the respective roles of the Planning Board and ZBA. Bill Deane added that Breiten said the ZBA's recent practice of holding public hearings during the same meeting that an applicant is first seen, violates State law. In the future, applications should be deemed complete by the ZBA, and a motion made for a public hearing to be held at a future date.

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 Hans deWaal, representing the applicant, submitted drawings on a tax map, and photos, showing the locations of buildings on neighboring properties, as requested at the last meeting. Many of them are as close or closer to Canadarago Lake than the building in question. He also submitted a revised application, addressing Land Use Law Section 4.04 (shoreline protection).

Members reviewed the application, which requests area variances of 19 feet on the north side and 20 feet on the south, the same as the existing building. It was the consensus of the Board to also address a 56-foot variance on the shoreline protection section, since the proposed new porch is only 44 feet from Canadarago Lake (the existing building is 50 feet from the lake).

Chairman Scalici noted that the Board had received what it asked for, and asked if there was any further discussion. There was none, and Jim Ferrari moved to grant the variances, saying that the proposed change was in keeping with the character of the neighborhood, it is not substantial in relation to the existing building and neighboring buildings, and will have no adverse impact on the neighborhood. Joe Potrikus seconded the motion and it was approved, 3-0.

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

Contractor Jim Rogers, representing the applicant, submitted drawings on a tax map, and photos, showing the locations of buildings on neighboring properties, as requested at the last meeting. Many of them are as close or closer to Otsego Lake than the building in question. He also submitted a revised application, addressing Land Use Law Section 4.04 (shoreline protection).

Members reviewed the application, which requests area variances of 25 feet on the west (front) and 25 feet on the south, to accommodate the proposed 5x11½' addition to the building, which will be only about 41 feet from the center of the road.

Joe Potrikus moved to grant the variances, saying that there would be no undesirable change to the neighborhood, and that the benefits (including the prevention of water entering the house) sought could not be achieved by any other reasonable method. Jim Ferrari seconded the motion, adding that the proposed change was in keeping with the character of the neighborhood. The motion was approved, 3-0.

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

The proposed addition is an "L"-shaped structure measuring 27 by 28 feet, and is well over 100 feet from Otsego Lake. The application requests a side-yard variance of four feet on the south.

Chairman Scalici asked whether there would be a new septic system, and was told that there would. Joe Potrikus asked whether there was a way the four-foot variance could be avoided, and Rogers said that this is the way the applicant wanted the addition built. Rogers said there would be no foundation on the uphill side of the building, and that construction on the addition would not start before next year. The Board asked about the sizes of neighboring houses. Rogers listed several in excess of 1,500 square feet.

Joe Potrikus and Jim Ferrari each expressed concerns about the large, odd-shaped addition, and how it would conform with the neighborhood. Further discussion revealed that the consensus of the Board would be to disapprove the variance, though it was noted that the design was more of an issue than the variance. They thought Rogers should go to the Planning Board for sketch plan conference before the ZBA makes a decision.

Bill Deane reminded the Board that a public hearing had been held on June 21, so they would have to rule on the application within 34 days of today.

Chairman Scalici advised Rogers that the ZBA could rule against the application tonight, Rogers could withdraw the application, or he could agree to "stop the clock" on the decision process, giving him time to work with the Planning Board on the design. In view of his options, Rogers was in favor of asking the ZBA to stop the clock, and submitted a written request to that effect.

Jim Ferrari moved to table the application, stopping the clock, and allowing the Planning Board to review the site plan; the outcome would determine the applicant's and ZBA's next steps. Joe Potrikus seconded the motion and it was approved, 3-0.

05.09 - Josh Kantor, Portabello's Restaurant - Area variance, outside tables - 6027 State Highway 28, Fly Creek (#114.05-1-61.00)

Josh Kantor was sent to the ZBA by the Planning Board, who said he would need a variance on the outside tables at Portabello's Restaurant because they encroached on the setbacks. Zoning Enforcement Officer Furnari, who was at the July 5 Planning Board meeting, reported on the discussion that led to this decision.

Chairman Scalici said he had spoken to Planning Board Chairman Jonathan Bass about this. Scalici said that the Planning Board was mistaken in sending Kantor to the ZBA, because area variances deal with structures and buildings, and a table is neither.

The Board discussed this, referring to the definition of "structure" on page 49 of the Land Use Law. They reached a consensus that Chairman Scalici was correct, and there was no basis for the application. Kantor asked whether he could get something in writing attesting to this, and was told that it would be recorded in the minutes of tonight's meeting.

The issue of a use variance was discussed; Scalici said that the Board could address this only if the Kantors were issued a citation.

Bill Deane asked whether, since Kantor had filed an application and paid a fee, the Board should rule on his application. Chairman Scalici said that no ruling was necessary, since it was an invalid application.

APPLICATION ADDED TO AGENDA

05.10 - Don Olin - Interpretation of Land Use Law - 972 County Highway 26, Fly Creek (#98.00-1-35.22)

Justin Walsh, Don Olin's son-in-law, said that the Olins had received a notice of violation from Zoning Enforcement Officer Furnari, and disagree with it. Furnari charged them with using a recreational vehicle as a dwelling, or second principal building, in violation of the Land Use Law.

Don Olin said that they had used the RV only for sleeping while a house is being built, and would not be using it for that purpose after July 23. He also said that the Land Use Law doesn't cover RVs. The board referred to Land Use Law definitions of "building," "trailer," and "mobile home."

Chairman Scalici noted that no official action (i.e., issuance of a formal citation) had taken place, therefore there was no basis for the ZBA to interpret
anything. He said that if there was a formal citation, or a complaint from a neighbor, an application for interpretation could be filed. However, the current application is invalid. In view of that, Olin verbally withdrew his application.

At 9:32 PM Jim Ferrari moved to adjourn the meeting. Chairman Scalici seconded the motion and it was approved, 3-0.

Respectfully submitted,

Bill Deane, Secretary