Town of Otsego Zoning Board of Appeals

Minutes - November 21, 2006

REGULAR MEETING

The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date (no meeting was held in October, as there was no agenda). Chairman Greg
Crowell called the meeting to order at 7:37 PM. Roll call was taken by Secretary Bill Deane. All Board members ultimately were present: Crowell, Tony Scalici
(Vice-Chairman), Joe Potrikus, Jim Ferrari, and Sam Hoskins. Hoskins arrived after the first vote.

The Board reviewed the minutes of the September 19 meeting, mailed to the members. Chairman Crowell suggested the first sentence of the final paragraph under
the Brophy application be reworded thus: "Scalici moved to deem the application complete, contingent on the aforementioned documents to be submitted to the Town Building by
October 3, and schedule a public hearing for October 17." Joe Potrikus moved to approve the minutes as amended. Tony Scalici seconded the motion and it was approved, 4-0.

The only correspondence was a letter (filed in "general correspondence") from member Joe Potrikus. Read aloud by Chairman Crowell, it announced Potrikus's
resignation from the ZBA effective December 31, due to his election as a Town Councilman. Tony Scalici moved to accept Potrikus's resignation. Chairman Crowell seconded
the motion and it was approved, 4-0, with Potrikus abstaining.

Joe Potrikus asked what happened to the Brophy application, which came before the Board during the September meeting. Bill Deane explained that Jim Brophy's
wife, Jacquie, told him they were abandoning the project due to a boundary dispute with a neighbor, affecting the location of the proposed swimming pool. Since the
application had been deemed complete contingent on certain documents being submitted by October 3, and they were not, there is no issue of the "clock ticking" on the
application.

Joe Potrikus also asked what became of the ZBA's discussion about the definition of "structure" in the Land Use Law. Bill Deane said he had brought it to the
attention of the Planning Board at their October meeting. They agreed with the ZBA's concerns, and they are working on either revising the definition or drafting a list of
exceptions to it, to submit to the Town Board.

The Board moved on to the application.

APPLICATION

06.09 - Village of Cooperstown (Susan Snell) - Area variance, expansion of pavilion within 100 feet of Otsego Lake - 6266 State Highway 80 (#84.00-1-26.00)

Architect Susan Snell, representing the Village of Cooperstown, distributed copies of the application, architectural drawings, and photos, which were examined
by the members. Snell had gone before the Town Planning Board with the proposed project, and they advised her she had to go to the ZBA first. The Village wants to expand
an existing pavilion, from 19x29 feet to 30x48 feet, near the west side of Otsego Lake at Three-Mile Point. The expansion would bring the pavilion within 34 feet of the
Lake (as compared to 50 feet currently), and may also bring it within 30 feet (the setback requirement) of the western property boundary. A survey will be done to determine
that.

Joe Potrikus asked what would be done about water runoff created by the increase of impervious surface so close to the Lake. Bill Deane said that is something
the Planning Board will address, but the consensus of the ZBA members was that it concerns them as well. There was discussion about the roles of and relationship between
the Planning and Zoning Boards in the application process.

Potrikus moved to deem the application complete, contingent on a survey being provided to establish the western setback, and to schedule a public hearing for
December 19. Tony Scalici seconded the motion and it was approved, 5-0.

Further discussion followed. Sam Hoskins read aloud from Land Use Law Section 9.03, listing the criteria the ZBA considers in granting or denying area
variances. Few of these had yet been addressed. The size of the pavilion is being more than doubled, with no rationale given for the need for a larger pavilion. Snell
said the Village wants to accommodate more tables, more space between the tables, and handicap-access on the pavilion. Tony Scalici said the Village should submit something
in writing, explaining these reasons. Bill Deane suggested the previous motion should be rescinded and a new motion made, adding this to the contingencies of deeming the
application complete.

Scalici moved to rescind the previous motion. Potrikus seconded the motion and it was approved, 5-0. Scalici then moved to deem the application complete,
contingent on a survey being provided to establish the western setback, and a list of reasons the Village needs a larger pavilion, and to schedule a public hearing for
December 19. Potrikus seconded the motion and it was approved, 5-0.

With no further business, at 8:15 Tony Scalici moved to adjourn the meeting. Jim Ferrari seconded the motion and it was approved, 5-0.

Respectfully submitted,

Bill Deane, Secretary