Town of Otsego Zoning Board of Appeals
Minutes – August 19, 2008

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 7:15 PM and roll call was taken by Secretary Bill Deane. All Board members were present: Crowell, Tony Scalici (Vice-Chairman), Sam Hoskins, Bill Kitchen, and Anita Weber.

Chairman Crowell asked if anyone had a potential conflict with tonight’s applicant. No one reported any conflict.

Scalici moved to approve the ZBA minutes of June 17 as written. Kitchen seconded the motion and it was approved, 5-0.

Deane distributed correspondence received since the last meeting, including the July/August 2008 issue of Talk of the Towns&Topics, and information on a seminar, “Current Issues in Storm Water Regulation,” to be held in Syracuse on September 16, 2008. The Board moved on to the application.

APPLICATION
08.04 – David Bertram – Area variance, minimum road frontage in RA-1 district lot – 249 County Highway 28 (#99.00-1-1.22 & -2.01)
David Bertram submitted a drawing of his proposal. He owns two contiguous, separately-deeded lots of 50+ and 33+ acres, respectively, with only one having road frontage (150 feet). He wants to adjust the lot line, changing the acreages to 76 and seven acres, respectively, and selling the smaller parcel. He went before the Planning Board to apply for a lot line adjustment on August 5, but they told him he would need a variance from the ZBA due to the lack of the required 150 feet of road frontage on the proposed 76-acre lot. Bill Deane read aloud the minutes (not yet approved) of that meeting.

The consensus of the ZBA was that they had no basis to rule on this application, since Bertram had not been formally denied anything. Even if they had a basis, they could not justify legislating an illegal lot. They suggested Bertram incorporate a driveway easement to the larger lot as a condition of sale of the smaller one, which should eliminate the road frontage problem.

Bill Deane tried to explain that the Planning Board could not approve his proposed lot line adjustment as it stood. He asked whether a ZBA member could come to the September 2 Planning Board meeting, to explain the ZBA’s position, bridging the communication gap between the two Boards. Chairman Crowell said he would do that. He suggested that Bertram’s attorney, John Lambert, also be present.

With no further business, at 7:53, Sam Hoskins moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary