Minutes - January 4, 2005

REGULAR MEETING

While awaiting a representative for the scheduled public hearing, Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:40
PM. Board members present were Bass, Paul Lord (vice chairman), John Stucin, Wes Ciampo, and Donna Borgstrom. Also present were Zoning Enforcement Officer Jane Berry, and Planning Board clerk Bill Deane. Board member Lin Vincent and Town Attorney Margaret McGown were absent. Incumbent Board member John Phillips was present, though his term expired December 31, 2004, and the Town Board had not yet renewed his term or named a replacement. Bass reminded Phillips that he was not eligible to vote in tonight's meeting.

The Board reviewed the minutes of the December 7 meeting, prepared by Bill Deane and mailed to the members. Paul Lord recommended two corrections: on page 1, under the Gleason agenda application, paragraph 2, "Lake Otsego" should be "Otsego Lake"; and, on page 3, paragraph 4, the second "Planning" should be "Town." Donna Borgstrom moved to approve the minutes as amended. Wes Ciampo seconded the motion, and it was approved, 5-0.

Jane Berry gave a report of her position. She issued only two permits in December, but continues to receive a steady pace of inquiries, mostly about subdivision. Berry also brought up the subject of the movable storage shed/doghouse erected without permission by the Kantors in the Portabello's parking lot. Though the structure is under 100 square feet, not requiring a permit, this will need an area variance due to its proximity to the property lines. The Kantors are scheduled to appear before the Zoning Board of Appeals (ZBA) on January 18. Berry wondered whether they would also need site plan modification from the Planning Board, assuming their variance was granted by the ZBA.

Chairman Bass referred to Land Use Law, Section 2.05, Special Requirement #3, which says that "a site plan may be required at the discretion of the Planning Board." He pointed out that Haggerty-Ace Hardware had had a similar situation, with no site plan approval deemed necessary. After discussion, the Board reached a consensus that the Kantors would not require a site plan for this structure.

John Stucin asked Jane Berry about the many "for sale" signs being put up on building lots, wondering whether real estate agents are contacting her before putting these up. Many of these involve potential subdivision and/or zoning concerns. Various discussion followed.

Chairman Bass reviewed correspondence received since the last meeting:

* A letter from the County Clerk's office, regarding the Margaret Clark subdivision (filed).

* The Fall/Winter 2004 Biological Field Station Reporter, passed around for the members' benefit.

* Copies of the November-December 2004 Towns & Topics magazine, distributed to the members.

Chairman Bass then moved on to the public hearing.

PUBLIC HEARING

James Gleason - Site plan approval, replacement of existing structure - 6872 St. Hwy. 80, Cooperstown (#69.36-2-25.00)

Chairman Bass opened the public hearing at 8:01 PM. Builder Gus Pfeuffer represented the applicant. Chairman Bass asked whether anyone wanted to speak or ask about the proposed project, but no one responded. Paul Lord moved to close the public hearing. Donna Borgstrom seconded the motion, and it was approved, 5-0.

AGENDA APPLICATIONS

James Gleason - Site plan review, replacement of existing structure - 6872 St. Hwy. 80, Cooperstown (#69.36-2-25.00)

Builder Gus Pfeuffer represented Mr. Gleason. Paul Lord read the minutes of the December 7 meeting relevant to the application. Bill Deane noted that one of the neighbor letters, to Karl Demnitz, had been returned, "not deliverable as addressed." Deane also read a letter Pfeuffer had submitted, expressing the intent to build a dry-well on the lake (east) side of the building, as requested at the previous meeting. Pfeuffer said that he had since spoken to the applicant, who prefers that they put in shrubbery rather than crushed stone.

Photographs of the site were passed around, so that Board members could see what is there now and how much room is available. Attendee Joe Potrikus, proprietor of Greener World, offered some input as to what type of shrubbery would work best. Gus Pfeuffer then orally amended his letter, stating that the applicant intends to put in a dogwood hedge rather than a dry-well and trench on the lake (east) side of the building.

John Stucin moved to approve the site plan. Wes Ciampo seconded the motion and, following opportunity for discussion, the motion was approved, 5-0. Jane Berry advised Gus Pfeuffer that the applicant owed the Town $25 each for the Land Use permit, the Planning Board application, and the ZBA application, for a total of $75. Chairman Bass stamped the application "approved" and signed it.

Frank "Sonny" Kukenberger - Sketch plan conference, minor subdivision of land - State Highway 28/80, Fly Creek (#114.00-1-45.02)

Jane Berry announced that Frank Kukenberger had withdrawn this application.

NEW APPLICATION ADDED TO AGENDA

Joe Potrikus - Site plan review, storage shed - 116 Day Road, Fly Creek (#114.00-1-74.00)

Joe Potrikus, proprietor of Greener World, described his plan to erect a 20x48' pole-barn storage building 25 feet behind his 40x60' existing barn. The new building would be eight feet high and have three walls, open on the southeast side. It would consist of corrugated tin panels, and be used to store heavy equipment currently sitting in the yard. It would sit approximately 220 feet from the property line and have no electricity. There would be no change in his business. Potrikus provided a simple sketch of the proposed building, then drew it to scale on a copy of the existing survey.

Jane Berry pointed out that Greener World is categorized as a service trade establishment, and that the Planning Board can decide whether or not site plan approval is required. The consensus of the Board was that not requiring a site plan might set a precedent.

The Board referred to the New York State Environmental Quality Review Act (SEQRA) Handbook, section 617.5-C9, and Potrikus answered subsequent questions: there will be no increase in exterior lighting; construction will start as soon as permits are approved, and take one to two weeks.

Paul Lord moved to deem the project a Type II action under SEQRA. Donna Borgstrom seconded the motion, and it was approved, 5-0.

Donna Borgstrom moved to waive the survey requirement, due to the existence of a survey from a previous application. Paul Lord seconded the motion, and it was approved, 5-0.

The Board discussed whether or not a public hearing should be held. Bill Deane read the minutes of the March 13, 2001 public hearing on Potrikus's previous application. Wes Ciampo moved to waive the public hearing on the current project, since there will be no substantial change to the previously-approved site plan. Chairman Bass seconded the motion and, following opportunity for further discussion, the motion was defeated, 3-2, with Paul Lord, John Stucin, and Donna Borgstrom voting "nay."

Paul Lord moved to deem the application complete and schedule a public hearing for February 1. Donna Borgstrom seconded the motion, and it was approved, 5-0.

OTHER BUSINESS

The Planning Board discussed the appointment of a vice-chairman for 2005. Paul Lord, existing vice-chairman, expressed interest in continuing in that role, and no one else expressed interest in taking the position. John Stucin moved to reappoint Lord as Planning Board vice-chairman. Donna Borgstrom seconded the motion, and it was approved, 5-0.

Regarding the proposed workshop to discuss potential Land Use Law changes, Jane Berry said she had discussed it with Margaret McGown and they decided that March would be the best time to do this. Some Board members felt that it should be done earlier. Chairman Bass ran down the topics that should be addressed, including perc tests, storage units, health care facilities and elderly housing. It was the consensus of the Board to discuss these topics during the regularly-scheduled February 1 meeting, then schedule a workshop at a later date if additional time were needed.

Chairman Bass offered to invite Army Corps Regional Officer George Casey to a future Planning Board meeting, to help clarify wetland and permit issues that the Board encounters during the Environmental Assessment Form process. The Board was agreeable to this.

Jane Berry noted that the Town had received grant money to develop a Comprehensive Plan, and that the Planning Board would soon become vitally involved in this process.

John Phillips suggested that at least one Planning Board member should attend each Town Board meeting. Paul Lord pointed out that, indeed, their By-Laws state that a Planning Board representative should attend each Town Board meeting. Lord said that he planned to attend the next Town Board meeting on January 12.

Jane Berry pointed out that, at the last meeting, the Planning Board had recommended the Town Board reappoint certain Town personnel, where the Planning Board instead should have simply voted to retain these people. Donna Borgstrom moved to retain current Town Attorney Margaret McGown, Town Engineer K. Wayne Bunn, and Planning Board Clerk Bill Deane for 2005. John Stucin seconded the motion, and it was approved, 5-0.

At 9:14 PM, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk