Minutes - January 3, 2006

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:30 PM. Members present were Bass, John Stucin, Wes Ciampo, Donna Borgstrom, Lin Vincent, and John Phillips. Also present were Planning Board Attorney Margaret McGown, Zoning Enforcement Officer Sal Furnari, and Planning Board clerk Bill Deane. Board member Paul Lord (Vice Chairman) was absent.

The Board referred to the minutes of the December 6, 2005 meeting, mailed to the members. John Phillips moved to approve them as written. Donna Borgstrom seconded the motion and it was passed, 6-0.

Chairman Bass asked whether Zoning Enforcement Officer Furnari had any report. Furnari said he had issued a couple of land use permits, and that he was keeping his eye on a couple of projects in progress.

John Stucin moved that the Planning Board reappoint Wayne Bunn (Town Engineer) and Bill Deane (Planning Board Clerk). John Phillips seconded the motion and it was approved, 6-0. According to Chairman Bass, though Margaret McGown has resigned as Town Attorney, she will remain as Planning Board Attorney. She said that was her understanding as well.

Attorney McGown reported that she had spoken to the Cullums' attorney, Tim Johnson, and that they were ready to sign an agreement to settle the lot line adjustment matter. McGown also reported that she had heard nothing from the attorneys for either George Hymas (Ed Gozigian) or Sal Furnari (Les Sittler), regarding their lot line adjustments.

Chairman Bass reviewed correspondence received since the last meeting:

a.. A copy of the corrected letter (filed) Chairman Bass issued for the Timothy Weir lot split.
b.. A "Notice of Complete Application" (filed) from the New York State Department of Environmental Conservation (DEC), regarding the Portabello's Too project.
c.. A letter (filed) from the Department of Health, regarding the Harmony House project. It said that the Department accepted Richard Votypka's sewage plans. Zoning Enforcement Officer Furnari reported that Votypka had substantially completed all his project requirements. Chairman Bass told Votypka, who was present, that he would get his special permit in the mail.
d.. A newsletter from the Otsego County Planning Department, passed around to members. Various other newsletters and fliers were also passed around.
e.. The Fall, 2005 issue of Planning News, copies of which were distributed to members.
f.. A copy of a new state law, brought in by Attorney McGown, which says that, effective 7/1/06, any project (site plan, subdivision, etc.) within 500 feet of an adjacent municipality must be referred to that municipality; i.e., they must be put on the mailing list for the public hearing notice.
g.. Copies of a proposed checklist, submitted by Attorney McGown, to remind the Planning Board about things they should address on each application. These were distributed to the members, with Bass asking them to look the list over and be prepared to discuss it at the next meeting.
h.. Copies of the changes to the Land Use Law, adopted December 14, 2005, including the definition of "service trade establishment." These were distributed to the members.

With no further correspondence, the Board moved on to applications.

APPLICATIONS

Randy Dean - Minor subdivision - 6023 State Highway 80 (#99.00-1-6.02)

Chairman Bass read aloud a letter from the Department of Transportation, agreeing to the Planning Board's designation as lead agency, but asking to be included as an involved agency. Bass also read aloud a letter from the State Historic Preservation Office, also agreeing to the Planning Board's designation as lead agency, but noting that the site is in an archeologically-sensitive area, and asking to be kept informed about the project. Bass reported receiving nothing from the DEC, the only other agency involved in coordinated review.

Bass completed the full Environmental Assessment Form (EAF) with Planning Board members' input. After receiving a consensus of the Board, Bass said he would send copies of the EAF, along with copies of the survey, Department of Transportation correspondence, and a cover letter to the involved agencies, asking that they respond before the Planning Board's next meeting on February 7.

Dave Carlson - Sketch plan conference, major subdivision - Smith Cross Road (#68.00-1-27.226)

Chairman Bass read aloud a letter written by David and Linda Carlson to the Planning Board on November 7, 2005. The Carlsons were present and explained the situation: they own parcels #5 and 6 of the 11-lot Sugar Hill subdivision. At the time they bought the lots in 1987 (prior to the enactment of the Town's Land Subdivision Regulations), they had them combined into a single 10.23-acre lot, so that they would have just one deed and one tax bill. Now they want to sell the property. They were advised to split the parcel back into two lots, improving their salability. However, they would not have the 150 feet of road frontage required by the Land Subdivision Regulations for the RA-1 District (lot #6 would have only 50 feet of frontage on the development's private road). The Carlsons are requesting a waiver of the frontage requirement so they can proceed with the subdivision.

John Stucin referred the Board to the minutes of their meeting of August 10, 1999, during which William Coleman - owner of Sugar Hill lots #9, 10 and 11 - came before the Board with an almost identical request. The Board, under advice from the Town Attorney, had denied the application. The Carlsons said that Coleman's situation was different, as their frontage insufficiency affected a vacant lot, whereas the Carlsons' would affect a lot on which a house was already built.

The Board reviewed the covenants of the deed. It was noted that the "road" in this development is actually a driveway, and doesn't meet Donovan specifications. Stucin said that it wouldn't take much to lengthen and upgrade the driveway into a road, giving them the frontage requirements, but Mr. Carlson said he wasn't interested in pursuing that.

Bass noted that the Land Subdivision Regulations have a provision (Section 6.1 on page 20) for waivers, but felt that issuing such a waiver in this case would set a dangerous precedent. Attorney McGown and other Board members agreed, especially in light of the Coleman denial.

Bass advised the Carlsons that they had the option of pursuing a variance through the Town's Zoning Board of Appeals (ZBA), although the ZBA had denied Coleman in 1999. Bass also suggested the Carlsons approach the committee working on the new Comprehensive Plan, to see if their situation might be addressed.

Robin Clark - Sketch plan conference, major subdivision - Tripp Hill Road (#83.00-1-12.46)

Chairman Bass said that the applicant had postponed her appearance.

Jeffrey Wait - Site plan review, removal of bungalow/construction of new residence within 500 feet of Otsego Lake - 6793 State Highway 80 (#69.52-1-11.00)

Jeffrey Wait submitted his application and supporting documents for construction within 500 feet of (but more than 100 feet from) Otsego Lake. Wes Ciampo reviewed the site plan requirements in Section 8.04 (pages 32-33) of the Land Use Law. The Board agreed that Wait had met these requirements, but asked him to consider implementing crushed stone or vegetation for erosion control, and denoting it on the site plan.

Donna Borgstrom moved to classify this as a Type II action per New York State Environmental Quality Review Act (SEQRA) section 617.5(C)(9). Lin Vincent seconded the motion and it was approved, 6-0. Wait submitted a check for the $25 site plan application fee. The consensus of the Board was that no County review would be required.

John Stucin moved to deem the application complete and schedule a public hearing for February 7. Lin Vincent seconded the motion and it was approved, 6-0.

OTHER BUSINESS

Chairman Bass announced that the meeting with the Comprehensive Plan Committee was scratched from the agenda. The Committee wants to do a presentation for the Town Board, Planning Board, and ZBA together at a later date.

Win McIntyre of the Watershed Supervisory Committee (WSC) and John McManus of Lamont Engineers were present to discuss the proposed Memorandum of Agreement (MOA) between the Town of Otsego and the WSC. It concerns the septic systems which will be installed along Otsego Lake, mentioned during the last meeting. They will be working with existing systems within 100 feet of the Lake, and new ones within 500 feet of the Lake. They estimated that there might be 75 septic systems involved in the Town of Otsego. Attorney McGown noted that the Land Use Law requires site plan review for such construction, and the only way around that would be for the Planning Board to recommend that the Town Board change the law to except septic systems covered by the MOA. She said she would talk to the attorney from the Association of Towns. McGown volunteered to draft an amendment to the Land Use Law, allowing the Town to sign an MOA to waive certain provisions of the law to permit the necessary reconstruction of septic systems in the Otsego lakeshore protection area.

Sal Furnari said that Andy Timmerman wants to put an apartment in his barn in the RA-1 district, and wondered what the Board thought of that. The consensus of the Board was that, as long as he meets the setback, acreage, and frontage requirements needed for a second primary residence on his property, the project would be permissible.

The Board discussed the appointment of Planning Board Vice-Chairman for 2006. Lin Vincent moved to reappoint Paul Lord to the position. John Phillips seconded the motion and it was approved, 6-0.

Bill Deane noted that two normal Planning Board meeting dates in 2006 conflict with holidays: the Fourth of July, and Election Day (November 7). Donna Borgstrom noted that the last time that happened, they had rescheduled to the second Tuesday of the month and had Deane submit a public notice to that effect. Bass said that the Board would discuss these particular meeting dates as they approached.

Bass announced that the Town Board had rescinded the policy of automatically canceling meetings whenever Cooperstown Central School was closed due to inclement weather.

With no further business, at 10:22 PM, Lin Vincent moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk