Town of Otsego Planning Board

Minutes - January 2, 2007

REGULAR MEETING

Acting Chairman Paul Lord called the monthly Town of Otsego Planning Board meeting to order at 7:35 PM. He explained that, because only four members of the seven-person Board were present, a unanimous vote would be needed to pass any resolution, and that applicants had the option of "stopping the clock" on their process, to wait for a more complete Board. Roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, John Stucin, Donna Borgstrom, and John Phillips. Also present was Zoning Enforcement Officer Mike Miller. Board members Wes Ciampo and Lin Vincent were absent, and neither member Jonathan Bass nor Planning Board Attorney Margaret McGown had yet been replaced by the Town Board.

The Board referred to the minutes of the December 5 meeting, mailed to the members. Borgstrom moved to approve the minutes as mailed. Phillips seconded the motion and it was approved, 4-0.

Zoning Enforcement Officer Miller distributed copies (filed) of his November and December, 2006 reports to the members. It showed four land-use permits issued in November and one in December, plus various other items of interest. Miller spoke about some of these.

Acting Chairman Lord reviewed correspondence received since the last meeting:

· An 11/20/06 letter (filed in "general correspondence") from the New York State Office of Parks, Recreation and Historic Preservation, advising of the Fly Creek Historic District's listing on the National Register of Historic Places. This was passed around to members.

· A 12/28/06 letter (filed in "general correspondence") from the New York State Department of Environmental Conservation, regarding a flood map modernization program for Otsego County. They are looking for Planning Board input at meetings they are holding on January 22 and 23. This was passed around to members.

· A 12/8/06 notice (filed) from the Office of the County Clerk, regarding the filing of the plat for the Adele Johnson subdivision.

· A 10/6/06 notice (filed) from the Office of the County Clerk, regarding the filing of the plat for the John Butts subdivision.

· A 9/29/06 notice (filed) from the Office of the County Clerk, regarding the filing of the plat for the Deerwood subdivision.

· A letter from Dennis Lang, asking the Board's denial of the Votypka application. Lord read highlights of the letter aloud before adding it to the Votypka file.

· A note from Town Engineer Wayne Bunn, regarding his engineering fee proposal on the Galati application.

· A letter (filed) from architect Michael Haas, regarding the storm-water pollution prevention plan for Portabello's Too!

· Papers (filed) regarding the Article 78 proceedings against the LaValley project.

· The New York Planning Federation's Fall, 2006 Planning News, distributed to members.

· The November-December, 2006 issue of Talk of the Towns & Topics, distributed to members.

· A notice from Bond, Schoeneck & King, PLLC, regarding Planning Seminars. This was passed around to members.

The Board moved on to applications.

APPLICATIONS

Richard Votypka - Site plan modification, Harmony House Café - State Highway 28, Fly Creek (#114.05-1-37.00)

Donna Borgstrom read aloud the minutes of the December 5, 2006 meeting relevant to the application. Applicant Richard Votypka submitted photos in response to complaints by his neighbor, Marie Rudloff. He said he did not plan to replace the apple tree that was removed during construction.

Acting Chairman Lord pointed out that Votypka had not complied with the conditions (i.e., agreements made with Rudloff as part of the plan) of his previous site plan, and now was before the Board with an application for site plan modification. Lord said that, before the Board ruled on the matter at hand, he wanted Votypka to submit a complete, written site plan modification application, summarizing what he does or does not plan to do regarding previous promises, and what he wants to do now. He advised Votypka to work with Zoning Enforcement Officer Miller on this.

Lord asked Votypka to agree to "stop the clock" on his application process, and return for the February 6 meeting with the requested application. Votypka said "O.K." and left with some parting comments about the stringency of the process.

Jerry Miller - Lot line adjustment - State Highways 80 & 205 (#97.00-2-4.43 & -6.02)

Donna Borgstrom read aloud the minutes of the December 5, 2006 meeting relevant to the application. Applicant Jerry Miller submitted the documents requested at that meeting, and these were examined by the Board.

John Phillips moved to deem this a lot line adjustment and authorize the chairman to sign the plat. Donna Borgstrom seconded the motion and it was approved, 4-0. Acting Chairman Lord stamped the Mylar and two copies "approved" and signed them.

Joseph Galati - Major subdivision - Christian Hill Road (#113.00-1-66.01)

Donna Borgstrom explained that applicant Joseph Galati was unable to attend tonight's meeting, and asked to be put on the February 6 agenda.

Rudy & Jennifer Burkhart - Minor subdivision - 4017 State Highway 80 (#96.00-1-14.00)

Donna Borgstrom read aloud the minutes of the December 5, 2006 meeting relevant to the application. Applicants Rudy and Jennifer Burkhart submitted most of the documents requested at that meeting, and these were examined by the Board. The Burkharts also submitted a check for $175 in payment of the subdivision fee.

Zoning Enforcement Officer Miller verified that there had been no other splits on the property since 1987. The Board discussed lot sizes and setbacks, and asked the Burkharts to revise the sketch showing the "notional lots." They noted that two of the requested items were not included on the plat:

a.. Location of a perc test on the lot without an existing septic system, done by a professional engineer.
b.. A name for the subdivision.
Acting Chairman Lord went through the Environmental Assessment Form (EAF) submitted by the applicants, and completed the Planning Board section with the members' input. Donna Borgstrom moved to declare a negative declaration and authorize the Chairman to sign the form. John Phillips seconded the motion, it was approved, 4-0, and Lord signed the EAF.

John Stucin moved to deem the application complete, contingent on the bulleted items above being provided by January 23, and to schedule a public hearing for February 6. Donna Borgstrom seconded the motion and it was approved, 4-0.

Robert Schropp (Norm Johannesen) - Minor subdivision - State Highway 28, Fly Creek (#114.00-1-43.00)

Donna Borgstrom read aloud the minutes of the November 14, 2006 meeting relevant to the application.

After brief discussion, John Phillips moved to waive the public hearing, based on a hearing being scheduled and advertised for December 5, and no one from the public appearing at that meeting. Borgstrom seconded the motion and it was approved, 4-0.

Borgstrom moved to deem the application complete, contingent on the Mylar showing P.E. sign-off on the perc test for parcel #1, and the septic systems for the existing houses on parcels #1 and 2. There was no second to or vote on the motion.

Bernice Bachanas (Bob Birch) - First lot split - Goose Street (#98.00-1-24.02)

Attorney Bob Birch submitted a survey map, showing applicant Bernice Bachanas's proposed first lot split. The Board examined the map and asked questions. Zoning Enforcement Officer Miller verified that there had been no other splits on the property since 1987.

John Phillips moved to deem this a first lot split and authorize the chairman to sign the Mylar. Donna Borgstrom seconded the motion and it was approved, 4-0. Acting Chairman Lord stamped the Mylar and one copy "approved" and signed them. Bill Deane advised Birch to file it with the County within 30 days.

Rich Shafer - Sketch plan conference, minor subdivision - State Highway 80 & Vic Breese Road (#96.00-1-4.01)

No one appeared on behalf of this application.

Anthony Gambino - Site plan modification, Java Joz - 5438 State Highway 28 (#131.00-1-1.00)

Donna Borgstrom read aloud the minutes of the August 1, 2006 meeting relevant to Anthony Gambino's previous application. Gambino wants to modify that site plan by adding an outdoor, 6x8-foot refrigerator next to the building. Zoning Enforcement Officer Miller was not sure if this required site plan modification, but recommended that Gambino come before the Planning Board.

The Board reviewed the previous and new documents. Acting Chairman Lord reviewed the EAF.

Borgstrom moved to deem this a Type II action, requiring no further review, under the New York State Environmental Quality Review Act (SEQRA), section 617.5, #7. John Phillips seconded the motion and it was approved, 4-0.

Phillips moved to deem the application complete and waive the public hearing, based on the facts that the unit is essential to the operation, its size is not significant, and the previous public hearing on this application produced no public comment. Borgstrom seconded the motion and it was approved, 4-0.

Borgstrom moved to approve the site plan as modified by the applicant. Phillips seconded the motion and it was approved, 4-0. Lord stamped the site plan "approved" and signed it.

Robert Iversen - Sketch plan conference, lot line adjustment - Armstrong Road (#84.00-1-37.01)

No one appeared on behalf of this application.

Robert Ubner - Major subdivision - 165 Tripp Hill Road (#83.00-1-28.01)

Donna Borgstrom read aloud the minutes of the May 2, 2006 meeting relevant this application. At that time the Ubners were not sure what they wanted to do, and decided to wait until the moratorium on major subdivisions was over. They still are not sure what they want to do. They don't want to subdivide the property until they know what their prospective buyers want, but can't advertise the amount of acreages until the property is subdivided. It was suggested the Ubners advertise "acreage available, will subdivide," and come back before the Board when they are ready to move forward.

OTHER BUSINESS

Acting Chairman Lord distributed copies of the latest incarnation of the Planning Board checklist. He said he would turn it over to the newly-appointed Board member to work on it with John Stucin.

Lord said that he had received a "tentative resignation letter" from Board member Lin Vincent. He said he would discuss the situation further at the February 6 meeting.

Lord asked John Phillips to contact former Planning Board Chairman Jonathan Bass, and ask him for the background on the requirement for perc tests being done by a P.E.

Lord discussed the potential Land Use Law revision regarding the definition of "structure." Bass had recommended that the words "or structure" simply be removed from the definition of "setback." Lord doesn't think that would solve the problem, however, as the term is used elsewhere in the law, including section 7.02 (D). He asked Board members to identify other mentions of "structure" in the Land Use Law, and be ready to discuss it at the next meeting.

Lord discussed the potential Land Use Law revision regarding phosphorous removal in septic systems. He has still not received the paperwork he requested from the Town of Springfield, and doesn't want to proceed until he receives that.

The Board discussed their previous proposal about clear-cutting in the lakeshore protection area. This had been rejected by the Town Board, who thought the 500 square foot specification was too lenient. Town Supervisor Tom Breiten had relayed their suggestion of 900 square feet instead. John Phillips said that the Town Board was focusing too much on trees, and that grass was better for erosion control anyway. He and Lord will talk with Breiten before resubmitting recommended language.

John Stucin moved to appoint Donna Borgstrom as Planning Board Vice-Chairman for 2007. Phillips seconded the motion and it was approved, 4-0.

Lord noted that the Planning Board's by-laws say that the Board should discuss the agenda for the next meeting before adjourning the current one. He explained that the current procedure is that the Chairman, Zoning Enforcement Officer, and Clerk meet about two weeks prior to the meeting to finalize the agenda, and that seems to work well.

Phillips showed some photos (filed) he had taken of Richard Votypka's lights and Marie Rudloff's chimney, in relation to her complaints. Lord noted that the Board had neglected to address Land Use Law #3.11, regarding buffer screens to be provided by commercial applicants.

Lord said that the Town Board had resolved to approve the New York State Department of Transportation's "Donovan Plan" with regard to driveways.

With no further business, at 10:12 Donna Borgstrom moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk