Town of Otsego Zoning Board of Appeals

Minutes - September 20, 2005

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date, called to order by Chairman Anthony Scalici at 7:33 PM. Roll call was taken by ZBA secretary Bill Deane. Members present were Scalici, Greg Crowell (Vice Chairman), Sam Hoskins, and Jim Ferrari, who arrived shortly after roll call. Also present was Zoning Enforcement Officer Sal Furnari. The only member absent was Joe Potrikus. Deane noted that this was the first ZBA meeting with more than three members present since September, 2004.

Chairman Scalici called the public hearing to order. He explained that the purpose of such hearings was to get input and comments from the public.

PUBLIC HEARING

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)

Chairman Scalici asked if anyone from the public had any comments about the proposed project. Randy Moshier, identifying himself as Barbara Petersen's neighbor to the north, said that he had no problems with the project, but said that there was a year-old boundary dispute between the two neighbors. Moshier's surveyor places the property line five feet farther south than Petersen's surveyor does. Moshier didn't think the ZBA should take any action until this dispute is resolved. ZBA members discussed the possible ramifications of a boundary line change, and how they could address them ahead of time.

With no other speakers or correspondence related to this application, Greg Crowell moved to close the public hearing. Jim Ferrari seconded the motion and it was approved, 4-0.

REGULAR MEETING

Chairman Scalici opened the regular meeting at 7:44 PM. The Board reviewed the minutes of the August 16, 2005 meeting, mailed to the members. Greg Crowell moved to approve the minutes as written. Sam Hoskins seconded the motion and it was approved, 4-0.

The only correspondence was the July-August, 2005 issue of Talk of the Towns & Topics, which was distributed to members. The Board then moved on to applications.

APPLICATIONS

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 was present. The Board reviewed her application and diagrams. Bill Deane read the minutes of the July 5 Planning Board meeting, during which Petersen appeared for a sketch plan conference. The Planning Board had expressed no objections to the project.

Chairman Scalici asked Petersen whether she would move the location of the structure if the boundary line were adjusted five feet south-ward. Petersen said she would not, as the location is governed by a large tree (which she doesn't want to remove) on the property. Jim Ferrari noted that the structure would not encroach on the neighbors' properties regardless of which boundary line might be proven correct. The consensus of the Board was that the variance be adjusted to allow for either boundary line; i.e., to add five feet to the variance sought on the north side.

Greg Crowell moved to approve variances of 43 feet to the front, 15 feet to the north side, 25 feet to the south side, and 78 feet from the Canadarago Lake shoreline protection area, also allowing construction within 500 feet of the Lake. Crowell cited that no undesirable change will be produced in the character of the neighborhood, nor detriment created to nearby properties; the benefit sought cannot be achieved by any other feasible method; though the variance is substantial in some ways, it is sought out of need and with intent to improve the property; the variance will have no adverse impact or effect on the physical or environmental conditions of the neighborhood; and the difficulty is not self-created, being caused by the existing slope and width of the property.

Sam Hoskins seconded the motion. Jim Ferrari added that the neighboring lots are similar, that there is no way to meet the setback requirements, that the structure won't encroach on the neighbors' properties, and that, while he appreciates Randy Moshier's concerns, the variance will not affect the dispute, as the ZBA has no opinion on which of the two surveys is accurate. The motion was carried, 4-0. Moshier asked for an explanation of the decision, and expressed satisfaction with it.

During a lull between applications, Pam Lea asked the ZBA about Parshall Road. She said there had been four recent auto accidents there since the road was paved, one involving her daughter, and she thinks a "dangerous curve" sign should be erected. Chairman Scalici advised Lea that this would be a Town Board issue, not a ZBA one.

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

David Wilshere was present, explaining his plans to build a 24x26' garage with an overhanging eave, requiring a 12-foot variance on the south side. Chairman Scalici said that the Board wanted to see documentation on buildings on neighboring properties. The Board reviewed the application and accompanying documents and photos.

Sam Hoskins moved to deem the application complete and schedule a public hearing for October 18. Greg Crowell seconded the motion and it was carried, 4-0.

Wilshere said that waiting another month before beginning construction would create a hardship for him. Bill Deane noted that Wilshere had been put on the August 16 meeting agenda, but had not appeared. Wilshere claimed that he thought that meeting was at 7:00, came at that time, and left because nobody else was there. He suggested that he would not wait for the ZBA approval before starting his construction.

05.11 - Cooperstown Central School - Interpretation, notice of violation, public parking lot - Linden Avenue, Cooperstown (#131.00-1-16.02)

No one appeared on behalf of this application. Chairman Scalici announced that he would be recusing himself from deliberations on the application, due to his membership on the Cooperstown Central School Board. He turned the meeting over to Vice Chairman Crowell.

The ZBA reviewed the application, debating its completeness and the merits of the notice of violation at length. They reviewed Land Use Law Article II, Section 2.03, which does not list a parking lot among permitted uses in the residential/agricultural (RA-2) district. They also reviewed the definition of "parking lot."

Chairman Scalici said that the property belongs to the School, but it is leased and maintained by the Village of Cooperstown. They have extended the existing parking lot by about 30 feet, which triggered the notice of violation issued by Zoning Enforcement Officer Furnari. Sam Hoskins said that the Village had been parking people there for many years, and to his knowledge it had never come before the ZBA.

Furnari said that he was asked to serve the violation notice by Town Supervisor Tom Breiten, but Furnari admitted that he didn't really understand what the violation was. The consensus of the ZBA was that they would have to hear evidence from both the Town and the School before making an informed decision.

Sam Hoskins moved to deem the application complete and schedule a public hearing for October 18. Jim Ferrari seconded the motion and it was carried, 3-0, with
Chairman Scalici abstaining.

OTHER BUSINESS

Chairman Scalici and Sam Hoskins both said they did not expect to be at the October 18 meeting. Both Vice Chairman Crowell and Jim Ferrari expect to be there, so the Board's having a quorum depends on Joe Potrikus's attendance.

Bill Deane brought up the subject of the ZBA's working on applications in conjunction with the Planning Board. Chairman Scalici had previously suggested that applications involving Land Use Law Section 4.04 (shoreline protection) be approved by the Planning Board contingent on ZBA approval. Deane said this was discussed during the September 6 Planning Board meeting, but that Board was not receptive to the idea. However, they noted that the intent of the law was that construction between 100-500 feet of the Lake merely requires site plan review, not a variance from the ZBA. They have proposed a rewording of the law which will clarify this. The proposal went to public hearing at the September 14 Town Board meeting, and the ZBA should learn the decision shortly. Scalici said that that wouldn't solve the fact that the Planning Board can't overrule a ZBA variance if they have issues with the building design. Deane pointed out that, if the Planning Board approved an application contingent on ZBA approval, an applicant could go through three or four Planning Board meetings and the expenses of a surveyor, engineer, contractor, etc., only to have the application denied by the ZBA.

At 9:02 PM Jim Ferrari moved to adjourn the meeting. Sam Hoskins seconded the motion and it was approved, 4-0.

Respectfully submitted,

Bill Deane, Secretary