Town of Otsego Zoning Board of Appeals
Minutes - December 20, 2005
The monthly Town of Otsego Zoning Board of Appeals (ZBA) meeting was held on this date. Chairman Tony Scalici called the public hearing to order at 7:34 PM.
PUBLIC HEARING
05.12 - Frank & Katherine Stabile - Area variance, addition of room to existing structure - 6773 State Highway 80 (#69.60-1-9.03)
Chairman Scalici read aloud four letters from neighbors of the applicant, which had been addressed to the ZBA:
a.. Wayne Bunn strongly objects to the project. He refers to paragraphs
2a through 2e in Section 9.03 ("Area Variances") of the Land Use
Law, saying that he doesn't feel
the project satisfies any of these paragraphs. He notes that the building
has essentially doubled in size, and that the construction was done without
receiving necessary
approvals. He requests that the variance be denied and the new addition removed.
b.. Debra Creedon is in favor of the renovations.
c.. Arthur Chiarotto has no problem with the project, saying that it improves
the property, and that people should be able to do what they want with their
properties.
d.. Roy & Patricia Ackman protest the project, saying that it is a detraction
to their property value and an obstruction to their view of Otsego Lake.
They also have
concerns about the effects on their shared septic system.
Scalici passed the letters around for the members' benefit. With no further
correspondence and no one from the public in attendance, Jim Ferrari moved
to close the public
hearing. Joe Potrikus seconded the motion and it was approved, 5-0.
REGULAR MEETING
Chairman Anthony Scalici called the regular meeting to order at 7:54 PM. All five ZBA members were present: Scalici, Greg Crowell (Vice-Chairman), Jim Ferrari, Joe Potrikus, and Sam Hoskins.
Crowell moved to approve the minutes of the November 15 meeting as written. Hoskins seconded the motion and it was approved, 5-0. Scalici commended the quality of the monthly minutes.
General correspondence received since the last meeting consisted of copies of the Land Use Law pages, containing amendments adopted on December 14, 2005; and the November-December, 2005 issue of Talk of the Towns & Topics. These were distributed to the members.
The Board moved on to applications.
APPLICATIONS
05.12 - Frank & Katherine Stabile - Area variance, addition of room to existing structure - 6773 State Highway 80 (#69.60-1-9.03)
Engineer Hans deWaal represented the applicant. In response to one of the concerns mentioned during the public hearing, deWaal said that he plans to upgrade the septic system. The Board examined the file documents, and spent some time trying to identify where exactly the property was located. Several members said that they ought to visit the site so they could see the building and the surrounding properties.
Sam Hoskins noted the neighbors' complaints, and that the building was already non-conforming, having been built prior to the enactment of the Land Use Law. Chairman Scalici pointed out that a complaint from a neighbor was not necessarily a reason to deny a variance, but said that the Board could request additional information, despite their having deemed the application complete at the last meeting. Joe Potrikus asked if the Board could approve the variance conditional on a seepage pit being installed, but Scalici said that would be a Planning Board matter.
The consensus of the Board was that they wanted a full description (preferably with before/after photos) of the building's renovation, and photos or scale representations showing the sizes of a reasonable number of neighboring structures. They asked deWaal to bring this to the January 17, 2006 meeting.
05.11 - Village of Cooperstown - Interpretation, notice of violation, public parking lot - Linden Avenue, Cooperstown (#131.00-1-16.02)
Chairman Scalici read aloud a letter from Village of Cooperstown Attorney John Lambert. It said that the Village had been working on a resolution of the matter with Town Attorney Margaret McGown (enclosing a copy of a letter from her), and that in the meantime they withdrew their request for an interpretation of their notice of violation. Scalici noted that that means the violation is still in effect, and it was up to the Town how they wanted to follow up on it.
OTHER BUSINESS
The Board discussed ZBA personnel. Greg Crowell's current term ends December 31, 2005. Jim Ferrari moved to recommend that the Town reappoint Crowell to the ZBA. Sam Hoskins seconded the motion and it was approved, 4-0, with Crowell abstaining.
Crowell moved to recommend that the Town retain Bill Deane as ZBA Secretary. Joe Potrikus seconded the motion and it was approved, 5-0.
With no further business, at 8:36 PM Crowell moved to adjourn the meeting. Hoskins seconded the motion and it was approved, 5-0.
Respectfully submitted,
Bill Deane, Secretary