Town of Otsego Zoning Board of Appeals

Minutes - December 19, 2006

PUBLIC HEARING

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)

Chairman Greg Crowell called the public hearing to order at 7:35 PM, and asked if anyone from the public had any comments or questions about the Village of Cooperstown application. No one responded. Crowell said the hearing would be left open while the Board proceeded to the regular meeting.

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 7:36 PM. Roll call was taken by Secretary Bill Deane. Board members present were Crowell, Joe Potrikus, and Jim Ferrari. Zoning Enforcement Officer Mike Miller was also present. Board members Tony Scalici (Vice-Chairman) and Sam Hoskins were absent.

The Board reviewed the minutes of the November 21 meeting, mailed to the members. Bill Deane relayed a correction from Susan Snell, that the dimensions cited as "19x29" near the bottom of page 1 should in fact be "19x39." Potrikus moved to approve the minutes as amended. Ferrari seconded the motion and it was approved, 3-0.

Chairman Crowell read aloud a letter from Bill Michaels, saying that he is applying to fill the vacancy to be left by Potrikus's resignation.

The only other correspondence was the November/December, 2006 Talk of the Towns & Topics, distributed to the attendees. The Board moved on to applications.

APPLICATIONS

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, introduced Village Trustee Jeff Katz and Superintendent of Public Works Brian Clancy. They submitted copies of a survey dated December 6, 2006, showing the proposed pavilion reduced from 30x48 to 24x48 feet. They also submitted copies of a letter (filed) from Cooperstown Mayor Carol Waller, explaining the Village's reasons for wanting the larger pavilion. This completed the document requirements specified at the last meeting. The Board examined the documents.

Snell noted that, according to the survey, no side-yard setback variance was needed, only a variance allowing construction within 100 feet of Otsego Lake. The Board and applicants discussed the problem of determining the distance to the edge of the water, since the water level fluctuates. The survey shows the proposed pavilion being 34.8 feet from the edge of the water (and the wheelchair ramp being 15 feet from the edge) as of December 6, when the water level was probably higher than the mean average due to the rainy year in the area. Zoning Enforcement Officer Miller pointed out that the Land Use Law defines the "Lake shore" as being 1,194.5 feet above sea
level.

Chairman Crowell noted that the proposed project benefits the general public, enhancing their ability to enjoy the lake. He said he was in favor of it.

Joe Potrikus said he was also in favor of this project, but expressed concerns about disregarding the intent of the Land Use Law regarding lakeshore protection, and in so doing setting a precedent.

Jim Ferrari expressed concern about the proposed increase in size of the pavilion, from 741 square feet to 1,152. Ferrari also asked what the height of the building would be, and was told it would be 14'8" high, well within the 40-foot height limit.

Clancy noted that there had been an even larger pavilion on the site until about half of it burned in the late 1970s. It was not replaced, and the space was used for parking.

Bill Deane brought up some housekeeping items for the Board to consider:

a.. The application was deemed complete at the last meeting contingent on certain documents being submitted, but the applicants were given no deadline to submit those. So as not to penalize the applicants for the Board's oversight, Deane scheduled the public hearing, notifying the neighbors by letter and submitting a legal ad to the CoopersTown Crier. The letter advised neighbors they could examine the file documents at the Town building, but the final documents were received just tonight, and the application had changed (seeking lesser variances) since the last meeting.
b.. The public hearing is still open, and ought to be closed before any vote.
c.. With only three members present of the five-man Board, a unanimous vote would be needed to pass any resolution. Chairman Crowell moved to close the public hearing. Potrikus seconded the motion and it was approved, 3-0.

Potrikus said that, if the Board considered the pavilion and wheelchair ramp as two separate items, it would be easier to decide. He saw no potential issue with the ramp, only the pavilion. The Board discussed the idea of making separate motions on these two items. Deane noted that only a single application had been filed.

Potrikus then moved to approve the variances sought: an 85-foot variance from Land Use Law Section 4.04 (lakeshore protection area), including 65.2 feet for the pavilion, based on the dimensions cited in the December 6, 2006 survey. Potrikus said that no undesirable changes would be produced in the character of the neighborhood; that, due to the slope of the property, the benefit sought could not be achieved by any other feasible method; that, while the variance sought is substantial, it produces a benefit to the public; that, while it produces a possible adverse effect on the environmental conditions, it could be mitigated by erosion control measures (e.g., planting of vegetation) recommended by the Planning Board; and that, while the difficulty is self-created, the project again is beneficial to the public.

Ferrari seconded the motion and it was approved, 3-0. Deane advised the applicants to work with Zoning Enforcement Officer Miller to prepare for the Planning Board's February 6 meeting.

06.10 - Gerry Welch - Area variance, erection of 75-foot observation tower - Wedderspoon Hollow Road (#54.00-2-1.02)

Bill Deane announced that applicant Gerry Welch had postponed his appearance due to a death in the family, and asked to be put on the January 16 agenda.

OTHER BUSINESS

Board members talked with two Cooperstown High School students, who had attended the meeting as a class requirement.

The Board discussed the vacancy to be left by Joe Potrikus's resignation effective December 31. The Town Board will be interviewing applicants on January 2. Besides Bill Michaels, Jonathan Bass has also expressed interest in the position.

The Board also discussed Tony Scalici's term, which ends on December 31. Scalici had expressed interest in remaining on the Board. Jim Ferrari moved to recommend that the Town Board reappoint Scalici to the ZBA. Potrikus seconded the motion and it was approved, 3-0.

Ferrari moved to recommend that the Town Board reappoint Bill Deane as ZBA Secretary. Potrikus seconded the motion and it was approved, 3-0.

Deane and Zoning Enforcement Officer Miller discussed some potential Land Use Law revisions which were being worked on by the Planning Board. They included clear-cutting in the lakeshore protection area, and the definition of "structure."

With no further business, at 8:44 Ferrari moved to adjourn the meeting. Potrikus seconded the motion and it was approved, 3-0.

Respectfully submitted,

Bill Deane, Secretary