Town of Otsego Zoning Board of Appeals

Minutes - November 20, 2007

PUBLIC HEARINGS

07.06 - Frank Maloney/Roberta Kieler - Area variance, addition to existing home - State Highway 80 (#99.00-1-14.02)

07.07 - Frank Maloney/Roberta Kieler - Area variance, construction of garage - State Highway 80 (#99.00-1-14.02)

At 7:17, Bill Michaels moved to open both public hearings simultaneously. Chairman Greg Crowell seconded the motion and it was approved, 4-0. No one
other than the applicants was present. Tony Scalici noted that this had been the case since before 7 PM, the hearings' scheduled start time.

Michaels moved to close the public hearings. Anita Weber seconded the motion and it was approved, 4-0.

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 7:18 PM and roll call was
taken by Secretary Bill Deane. Board members present were Crowell, Tony Scalici (Vice-Chairman), Bill Michaels, and Anita Weber. Sam Hoskins was absent.

Michaels moved to approve the minutes of the October 16 meeting as written. Scalici seconded the motion and it was approved, 4-0.

There was no new correspondence received since the last meeting. The Board moved on to applications.

APPLICATIONS

07.06 - Frank Maloney/Roberta Kieler - Area variance, addition to existing home - State Highway 80 (#99.00-1-14.02)

It was noted that Frank Maloney is the owner of the property, so the application should be in his name. Roberta Kieler noted that there were changes to
the variances sought, due to a review of the placement of the property lines (but no change to the dimensions or placement of the addition). They now request a 10-foot
variance at the front (north) side and a 19-foot variance to the rear (west) side.

Bill Michaels moved to approve the variances, saying the proposed project would have no undesirable effect on the neighborhood; that it is in keeping
with neighboring properties; and that produces an improvement in the property and an overall positive effect, which the Board encourages. Tony Scalici seconded the
motion, adding that the variances sought represent the minimum relief necessary for the desired effect. The motion was approved, 4-0.

07.07 - Frank Maloney/Roberta Kieler - Area variance, construction of garage - State Highway 80 (#99.00-1-14.02)

In a segue from the above application, Bill Michaels moved to approve the variance sought (25 feet on the south side), saying the proposed project would
have no undesirable effect on the neighborhood; that it is in keeping with neighboring properties; and that produces an improvement in the property and an overall
positive effect, which the Board encourages. After a brief review of the application, Anita Weber seconded the motion and it was approved, 4-0.

Bill Deane advised the applicants that they still owed $50 for the ZBA application fees. Roberta Kieler wrote a check for that amount and Deane later
delivered it to the Town Clerk. The applicants thanked the Board for their service.

OTHER BUSINESS

Bill Michaels referred to discussion the Board members had prior to the opening of the meeting. Michaels noted that there is a discrepancy in the
wording of Land Use Law Section 4.04 (Lakeshore Protection): in the Law (page 19), it says that no construction is allowed within 500 feet of either Otsego or
Canandarago Lakes, whereas in the summary of amendments (pages 51-52), it indicates that construction between 100-500 feet is permitted, but requires site plan review.
Michaels said the ZBA has been assuming that new construction between 100-500 feet of either Lake is permitted with site plan review (i.e., requires no variances from
the ZBA). Bill Deane said he had brought the discrepancy to the attention of the Town Clerk, since she typed the Land Use Law and apparently neglected to update Section
4.04 when it was amended in 2005. Michaels moved to convey the ZBA's finding and assumption to the Town Board, asking them to clarify and repair the Land Use Law on
this matter. Chairman Crowell seconded the motion and it was approved, 4-0.

Bill Deane said there would be no meeting in December unless a new application was received within the next two weeks.

At 7:38, Chairman Crowell adjourned the meeting.

Respectfully submitted,

Bill Deane, Secretary