Town of Otsego Zoning Board of Appeals

Minutes - October 16, 2007

PUBLIC HEARINGS

Chairman Greg Crowell opened the public hearings at 7:02 PM, and explained that this was the public's opportunity to make comments about applications under
consideration.

07.04 - John Nichols - Area variance, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)

Chairman Crowell asked whether anyone from the public had comments about the John Nichols application.

Veronica Seaver, a next-door neighbor to Nichols, expressed general concern about changes to the historic character of the neighborhood by any building
project. Crowell said that the ZBA considers that factor before granting variances.

Charlotte Hall, who lives across the road from Nichols, expressed concern about the increased height of the roof, possibly impeding her view of Otsego Lake.
Contractor Jim Rogers said the roof would be only about four to five feet higher than it is now. Hall did not think that would have a significant impact on her view.

Both Seaver and Hall examined the building plans. Bill Deane informed them that this might be their only opportunity to express specific concerns before
the Planning Board voted on the project in November. Neither Seaver nor Hall had additional comments.

Chairman Crowell read aloud letters (filed) from neighbors Carol Taylor, Douglas Hastings, David Boggs, Virginia Joslin-Hastings, and Armin & Nancy Sommer,
each expressing approval of the proposed project.

07.05 - Judith Brown - Area variance, home occupation sign - 5082 State Highway 28 (#146.00-2-6.00)

Chairman Crowell asked whether anyone from the public had comments or questions about the Judith Brown application, but no one responded.

Bill Michaels moved to close the public hearings. Anita Webber seconded the motion and it was approved, 5-0.

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 7:13 PM and roll call was
taken by Secretary Bill Deane. All Board members were present: Crowell, Tony Scalici (Vice-Chairman), Bill Michaels, Sam Hoskins, and Anita Weber. Hoskins arrived after
the first public hearing, and left before the final vote.

The Board reviewed the minutes of the September 18 meeting, mailed to the members. Scalici moved to approve them as written. Michaels seconded the motion and it was
approved, 5-0.

Chairman Crowell reviewed correspondence received since the last meeting:

· Copies of the September/October, 2007 issue of Talk of the Towns & Topics, distributed to the members.

· Fliers on a seminar, "Zoning, Subdivision and Land development Law," to be held at Syracuse on October 26, distributed to the members.

· Ordering information on Zoning Bulletin, a bi-monthly newsletter.

The Board moved on to applications.

APPLICATIONS

07.04 - John Nichols - Area variance, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)

The Board briefly reviewed the John Nichols application, seeking variances of 20 feet on the north side of the property, and 25 feet on the south side.

Tony Scalici moved to grant the variances as requested. Scalici said that there would be no change to the character of the neighborhood, as there are
numerous nearby buildings of similar size, and that the extent of the expansion (approximately 20%) was not excessive.

Sam Hoskins seconded the motion, adding that the new building actually decreased the encroachment on setbacks on both the north and south sides.

Chairman Crowell noted that no variance was needed on the Lakeshore protection law, as the building is more than 100 feet (about 250') from Otsego Lake.

The variances were granted by a vote of 5-0. Nichols asked whether, if he wound up making the replaced building smaller than submitted, he would have to
reapply to the ZBA. He was advised that he would not.

Bill Deane explained that Nichols or his representative should return before the Planning Board on November 13, at which time that Board could schedule a public hearing for
December, or waive the hearing and vote on the site plan application.

07.05 - Judith Brown - Area variance, home occupation sign - 5082 State Highway 28 (#146.00-2-6.00)

Tony Scalici reported on signs he inspected in 55 MPH zones in the Town. One is 2x3 feet with three-inch letters, while another is 2x2½ feet with four-inch
letters. Scalici thinks applicant Judith Brown's request for a 12-square-foot sign, six times the limit specified in the Land Use Law, is extreme.

Chairman Crowell remarked that Brown's CPA service is not the type of business that gets drive-by customers. Crowell said that the proposed sign borders on
advertising, rather than identification. Brown said that the sign was not only for advertising, but also to help people find the building. The visibility of the sign is a
safety concern for drivers searching for it, particularly in the wintertime, when she does most of her business.

Brown submitted a mock-up of her proposed sign, with letters measuring six inches in height. She said that a sign designer advised her that letters should
be at least that high to be seen from 200 feet at 55 MPH, and at least four inches high to be seen from 100 feet. Brown also submitted photos of her property, surrounding
properties, and nearby signs, an aerial view of the neighborhood, and a tax map. The Board examined the documents.

Brown said that she may want to apply for a use variance in the future, so she could use her house as a home occupation. Scalici said that a use variance
would not be applicable if she were already using the home for her business. He said that an applicant for a use variance has to prove that his property is rendered of no
value by the restrictions of the Land Use Law, and that the ZBA has minimal discretion in approving such a variance.

Bill Michaels moved to grant a variance of eight square feet (allowing for a sign of ten square feet). After discussion, he amended his motion to grant a
variance of six square feet (allowing for a sign of eight square feet), and allowing the telephone number to be included on the sign. Michaels said that the proposed sign
will not have an undesirable effect; the variance cannot be achieved by any other feasible method because the speed of traffic will not allow a permitted sign to be read
safely; though the difficulty is self-created, the variance sought is minimal; the proposed project is in keeping with neighboring properties and signs; and the proposed
project produces a safety improvement in the property and an overall positive effect, which the Board encourages.

Tony Scalici seconded the motion and considerable discussion followed, including Brown's appeals for a greater variance. The motion was passed, 3-2, with Scalici and Anita
Weber opposed.

Brown expressed frustration with the process, saying she could have bypassed the Board and just put up a sign, as others have done. She asked if the Board
would be responsible if a smaller sign caused someone to have an accident while trying to read it.

07.06 - Roberta Kieler - Area variances, addition to existing home and construction of garage - State Highway 80 (#99.00-1-14.02)

Roberta O. Kieler explained her proposals to put a 15x31' addition to the rear of her house (requiring a 14-foot variance to the west), and to build a
garage (requiring a 25-foot variance to the south). She submitted photos, an aerial view, and a survey of the property, which were examined by the members. The consensus
of the Board was that this should be treated as two separate applications, which is how it was submitted. Bill Deane advised Kieler that she owed the Town $50 for the two
ZBA applications.

Bill Michaels moved to deem the applications complete and schedule public hearings for November 20. Tony Scalici seconded the motion and it was approved,
4-0.

 

OTHER BUSINESS

Bill Deane noted that, in his 3½ years working with the ZBA, the Brown application was the first one which has had something other than a unanimous vote.

At 8:52, Chairman Crowell moved to adjourn the meeting.

Respectfully submitted,

Bill Deane, Secretary