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 18, 2006

PUBLIC HEARING

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

Chairman Greg Crowell called the public hearing to order at 7:33 PM. He asked whether anyone from the public had any comments about the proposed project, but
no one responded. He left the hearing open while the Board moved on to the regular meeting and applications.

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. With no electrical power and the building under construction, the conditions were less than ideal. Chairman Greg Crowell called the meeting to order at 7:35 PM. Roll call was taken by Secretary Bill Deane. Board members present were Crowell, Joe Potrikus, and Sam Hoskins. Tony Scalici (Vice-Chairman) and Jim Ferrari were absent; Ferrari arrived near the end of the meeting, not participating in any votes.

The Board reviewed the minutes of the June 20 meeting, mailed to the members. Deane explained the status of the William Bowers application to Potrikus, who had missed that meeting. Hoskins moved to approve the minutes as written. Potrikus seconded the motion and it was approved, 3-0.

Deane called attention to the sample resolution (from a previous variance approval) he had mailed the members. He asked them to use it as a guide when making motions to approve variances.

There was no correspondence received since he last meeting. The Board moved on to applications.

APPLICATIONS

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

Bill Deane read aloud the minutes of June 20 relevant to this application, and said that the requested documents had been received since then. The Board
examined the photos and map submitted and expressed satisfaction with them.

Joe Potrikus moved to close the public hearing. Sam Hoskins seconded the motion and it was approved, 3-0.

Chairman Crowell moved to grant the variances sought: 16 feet on the south side, 28 feet on the north side, plus relief from Land Use Law Section 4.04 (construction within the lakeshore protection area). Crowell said that the variances will not produce noticeable change nor undesirable effect in the neighborhood; that the benefit sought cannot be achieved by any other feasible method; that the variance represents a minimal increase in the building footprint; that, while the situation is self-created, the construction is in keeping with neighboring properties; and that the construction will produce an improvement in the property and an overall positive effect. Sam Hoskins seconded the motion and it was approved, 3-0.

Deane explained to the applicants that their next step would be to go before the Town Planning Board for site plan review.

06.06 - Raymond & Teresa Bader - Area variance, replacement of residence within 100 feet of Otsego Lake - 6834 State Highway 80 (#69.44-1-35.00)

This application was added to the agenda due to the time constraints of the applicants. Raymond and Teresa Bader's house within 100 feet of Otsego Lake had burned down in March. By terms of their All-State insurance policy, they must rebuild it by December 17. Engineer Hans deWaal is representing the applicants. He submitted a letter of authorization, a ZBA application, a check for $25 to cover the application fee, copies of a site map, a septic system plan, a list of neighbors within 200 feet, and form-letters in support of the project signed by most of these neighbors. The Board examined the documents.

Bill Deane explained that deWaal had appeared before the Planning Board on July 11, at which time that Board deemed the Baders' site plan application complete and scheduled a public hearing for August 1. In view of that, plus the letters submitted, deWaal asked that the ZBA waive their public hearing requirement. The Board discussed this request, and expressed willingness to help expedite the process.

Joe Potrikus moved to waive the ZBA public hearing, contingent on there being no adverse comment or request for additional hearing during the August 1 Planning Board hearing. Sam Hoskins seconded the motion and it was approved, 3-0.

Potrikus moved to deem the application complete with the same contingencies. Hoskins seconded the motion and it was approved, 3-0.

Hoskins moved to grant the variances sought with the same contingencies: 12 feet on the north side, 12 feet on the south side, and 80 feet from the Lake, giving relief from Land Use Law Section 4.04 (construction within the lakeshore protection area). Hoskins said that, overall, the project will improve the neighborhood and produce no undesirable effect; that the benefit sought cannot be achieved by any other feasible method; that the variance is minimal, essentially representing a replacement-in-kind, with the increase in footprint designed to give handicap-access on the porch; that the situation is not self-created; that the construction is in keeping with neighboring properties; and that the project will produce an overall improvement to the property and the neighborhood. Potrikus seconded the motion and it was approved, 3-0.

With no other business before the Board, and the building in near-darkness, at 8:29 Sam Hoskins moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary