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 - August 16, 2005

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Acting Chairman Greg Crowell called the regular meeting to order at 7:39 PM. Roll call was taken by ZBA secretary Bill Deane. Members present were Crowell, Jim Ferrari, and Sam Hoskins. Absent were Anthony Scalici (Chairman) and Joe Potrikus. Also present was Zoning Enforcement Officer Sal Furnari.

The Board referred to the minutes of the July 19 meeting, mailed to the members. Bill Deane shared recommended changes given to him by Chairman Scalici:

a.. Under the Brady application, rather than "It was the consensus of the Board to also address." it should read "The Board also addressed ."
b.. Under the Sullivan application, at the end of the second paragraph, "road." should be changed to "road, and five feet from the west side."
c.. Under the Jocelin-Hastings application, at the end of the second paragraph, "south." should be changed to "south, as the proposed addition will be only 26 feet from the south boundary."
d.. Under the Kantor application, after the last sentence should be added, "The matter of the fee was addressed when Kantor offered to forego any refund he might be entitled to."
e.. Under the Olin application, after the first sentence of the third paragraph, should be added "Interpretations require that a valid enforcement action has been taken.
Zoning Enforcement Officer Furnari stated that the citation was issued to the wrong party, thus was not valid."
After discussion as to whether members who were not present at the previous meeting could vote on the minutes, Sam Hoskins moved to accept the minutes as amended. Jim Ferrari seconded the motion, and it was approved, 3-0.

There was no correspondence, so the Board moved on to applications.

APPLICATIONS

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

Virginia Joslin-Hastings was present, as was her contractor, Jim Rogers. Acting Chairman Crowell and Jim Ferrari reviewed what had occurred with this application during the past two ZBA meetings: a public hearing had been held in June, and the applicant had "stopped the clock" on the decision process in July, after the ZBA had expressed concern with the proposed design, and suggested he go before the Planning Board to review the site plan before returning to the ZBA.

Bill Deane read the minutes (not yet approved) of the August 2 Planning Board meeting relevant to this application. The applicant had a sketch plan conference with the Planning Board, and the consensus of that Board was that they had no problems with the proposed addition's concept or sketches.

Deane asked whether the applicant needed to formally "restart the clock" before the ZBA ruled, but the consensus of the Board was that this was not necessary. After brief discussion, Jim Ferrari moved to grant a variance of four feet on the south side (because the proposed addition is only 26 feet from the southern property boundary), and to permit construction in the shoreline protection area (within 500 feet of Otsego Lake). Ferrari said that the proposed addition was in keeping with the character of the neighborhood, it was not substantial, and that there was no evidence of a negative impact. Sam Hoskins seconded the motion and it was carried, 3-0.

05.09 - Barbara Petersen - Area variance, treated deck and staircase within 500 feet of Canadarago Lake - East Lake Road/County Highway 22, Richfield Springs (#39.00-2-2.01)

Barbara Petersen submitted photos and drawings to accompany her revised application. Petersen seeks to build a treated deck and staircase in the center of a narrow, steep section of her land going down to Canadarago Lake. She had gone before the Planning Board in July, but was instructed to go before the ZBA first. Because the deck and staircase exceed 42 inches in width, and that section of the lot is only 51 feet wide, she will need variances for the side- and front-yard setbacks, as well as construction in the shoreline protection area.

Sam Hoskins asked whether the neighbors have staircases. Petersen replied that she was the only one in the neighborhood who didn't have one. The Board noted that the application did not specify the dimensions of the variances sought. They instructed Petersen to provide exact distances that the proposed construction will be from the boundary lines and the road, preferably on a diagram.

Sam Hoskins moved to deem the application complete, contingent on the aforementioned measurements to be provided by September 6, and to schedule a public hearing for September 20. Jim Ferrari seconded the motion and it was carried, 3-0.

05.10 - David Wilshere - Area variance, construction of new garage - Curry Road, Hartwick (#112.00-1-27.10)

No one appeared on behalf of this application. The Board reviewed it and agreed that it was incomplete. Acting Chairman Crowell advised Zoning Enforcement Officer Furnari what the Board would need, so that Furnari could work with the applicant to complete the application.

OTHER BUSINESS

Bill Deane reported on his discussions with Chairman Scalici and Planning Board Chairman Jonathan Bass. Both want to find ways that the two Boards can better work on applications together, avoiding duplication of effort and unnecessary delays. Scalici suggests, for example, that applications involving lakeshore protection should be deemed complete by the Planning board contingent on ZBA approval. This way, the ZBA wouldn't have to go through their process only to have the application revised or denied by the Planning Board. Zoning Enforcement Officer Furnari pointed out that, under that system, the applicant could go through a costly and lengthy process with the Planning Board, only to have the variances disapproved by the ZBA. The Planning Board will have this topic on their September 6 meeting agenda, and the ZBA can discuss it further at their September 20 meeting.

Deane also relayed his and Scalici's concerns with the wording of approval motions. Deane needs to prepare a formal resolution letter to the applicant,
specifying the wording of the motion. It is important that the members use clear and specific reasoning, consistent with the criteria on pages 36-37 of the Land Use Law, in making motions. Deane showed a copy of a recent approval letter so the members could see the finished product.

At 8:36 PM Sam Hoskins moved to adjourn the meeting. Jim Ferrari seconded the motion and it was approved, 3-0.

Respectfully submitted,

Bill Deane, Secretary