Town of Otsego Planning Board

Minutes - January 8, 2008

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:32 PM. Roll call was taken by Planning Board Clerk Bill Deane. All
members were ultimately present: Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Doug Greene, Joe Galati, and Steve Purcell (Purcell arrived at 8:34,
after the Votypka application). Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John Stucin were also present.

The Board referred to the minutes of December 4, 2007, mailed to the members. Lord suggested the following revisions: under "REGULAR MEETING," paragraph 3, line 4,
remove "even" and "out"; and under "OTHER BUSINESS," paragraph 1, line 1, replace "nominated" with "appointed." Borgstrom moved to approve the minutes as amended.
Phillips seconded the motion and it was approved, 6-0.

Zoning Enforcement Officer Stucin distributed copies of his report for December-January. It essentially duplicated the Planning Board agenda.

Chairman Lord reviewed correspondence received since the last meeting:

a.. Letters from Marie Rudloff's attorney, detailing her complaints about Harmony House Café. Lord said this would be discussed during the "applications" portion of
the meeting.
b.. A survey form, regarding Planning Board issues, from Cornell University. This was passed around to members, then filed in "general correspondence."
c.. A letter from the Army Corps of Engineers (filed), authorizing a project requested by Mike Hurilla, owner of Lakeview Motel and Cottages.
d.. A flier about a training program, "SEQRA," to be held in Syracuse on March 4. Lord reminded Board members that they are required to undergo at least four hours
of training each year.
e.. The November/December 2007 issue of Talk of the Towns & Topics, distributed to members.
With no further correspondence, the Board moved on to applications.

APPLICATIONS

John & Juanita Bartl (Les Sittler) - First lot split - Pope Road (#52.00-2-8.00)

Donna Borgstrom read aloud the minutes of December 4 relevant to this application. Attorney Les Sittler presented a tax map showing the proposed first
lot split, which the Board had reviewed at the last meeting, and explained the split. Sittler said the plat would be modified to include an inset, as requested by the
Board.

Wes Ciampo moved to deem this a first lot split and authorize the chairman to sign the plat when modified. Borgstrom seconded the motion and it was
approved, 6-0.

Albert Wingate -Site plan review, special permitted use, real estate/contracting office - 757 Bissell Road (#97.00-2-25.01)

Donna Borgstrom read aloud the minutes of December 4 relevant to this application. Patricia Wingate submitted a letter, authorizing her to apply on
behalf of the property owner (her husband, Albert). She also submitted a tax map of the property, a GIS aerial photo, and a sketch showing the site plan. At the
Board's request, she drew in trees and lighting on the sketch.

Chairman Lord referred to the site plan requirements on page 32 of the Land Use Law. He noted that the applicants are missing a survey, topographic
contours, landscaping plans, and construction sequence.

Wingate submitted a short environmental assessment form (EAF), making minor revisions based on Lord's suggestions. Lord completed the Planning Board
section of the form with member input. Borgstrom moved to declare a negative declaration and authorize the chairman to sign the EAF. Doug Greene seconded the motion,
it was approved, 6-0, and Lord signed the form.

John Phillips moved to waive the requirements for a survey and topographic contours, due to minimal change to the site and the availability of a tax map
and aerial photo; and to waive the requirements for landscaping plans and construction sequence, as they are not applicable. Joe Galati seconded the motion and it was
approved, 6-0.

Borgstrom moved to deem the application complete and to schedule a public hearing for February 12. Discussion followed about the options of home occupation vs. special
permitted use. Attorney Ferrari particularly noted the size of the proposed sign, which far exceeds the two square feet permitted under "home occupation" in the Land
Use Law. The consensus of the Board was that the special permitted use application was the best option for this applicant. Doug Greene made a general suggestion that
the Board should be careful about the level of advice it gives. Greene then seconded the motion and it was approved, 6-0.

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

At 8:20, Donna Borgstrom moved to go into executive session. John Phillips seconded the motion and it was approved, 6-0. Attorney Ferrari and Zoning
Enforcement Officer Stucin were to be included in the session, but Phillips was not, due to his prior role in representing the applicant in this case. Phillips moved to
the public seating area.

At 8:29, Borgstrom moved to come out of executive session. Joe Galati seconded the motion and it was approved, 5-0, with Phillips abstaining. Chairman
Lord announced that, while in executive session, the Board discussed complaints by the applicant's neighbor, Marie Rudloff, and correspondence from her attorney about
them.

Stucin asked the Board to postpone any further discussion on this application in light of new information that needs to be investigated. Applicant
Richard Votypka noted that he would be away in February and March, and that he is in the process of selling the business to someone who is aware of the issues.

Borgstrom moved to postpone this application until the April 1 meeting. Doug Greene seconded the motion and it was approved, 5-0. Phillips returned to
the meeting table.

Edward Walker - Sketch plan conference, major subdivision - Browdy Mountain Road (#84.12-1-1.01)

Applicant Edward Walker said that he had had a minor subdivision of a 24.5-acre parcel approved by the Planning Board in 1994. He now wants to divide a
16-acre parcel remaining from that split into five lots of 3+ acres each. Walker submitted a site plan, a topographic map, and aerial photos. He noted that there are
deed covenants on the property.

Chairman Lord referred to Land Subdivision Regulations, Sections 3.1 and 5.3 (required documents), and Article 6 (waivers). He urged Board members to
study these regulations, as it has been some time since a subdivision came before the Board, and some members have not yet experienced one.

Walker has an existing private road which he thinks exceeds Donovan specifications. Lord had asked Jim Tallman, Cooperstown Fire Department Chief, to
inspect the property and road in light of any concerns which might be created by the subdivision. Tallman was present and reported that he had inspected the property,
and found no Fire Department concerns. Lord said that the Board may want the Town Engineer to examine the road at Walker's expense, but Walker said he already had his
own engineer.

Lord noted that Walker would need to provide a list of neighbors (and their addresses) within 200 feet of the 1987 property lines, and documentation of
woods and rocky areas in the property. Walker said this requirement had been waived by the Board during his 1994 application, but Lord said that was due to the low
density of the area and the family situation existing at that time. Lord said he would provide Walker with a copy of the 1994 waiver rationale.

Walker asked to be put on the February 12 agenda, and said he would return with a preliminary plat and a long EAF.

Tony Gambino - Sketch plan conference, special permitted use, business/professional office - 5438 State Highway 28 (#131.00-1-1.00)

Applicant Tony Gambino, accompanied by prospective buyer Jeff Salinger, discussed his plans to convert the former Java Joz shop into a professional
office building. The building would consist of two 50x90-foot floors, plus a lower level. Gambino submitted a preliminary sketch, showing 29 parking spaces (which
would allow for 8,700 square feet of office space). He said he is working with engineer Hans DeWaal. Chairman Lord noted that there would be a slight increase in the
amount of impervious surface

Jim Tallman, who lives across the road from the property, commented that he thinks this project will be an improvement over previous enterprises located
there.

Gambino asked to be put on the February 12 agenda.

OTHER BUSINESS

Chairman Lord discussed whether the Kantors had made a change to their approved site plan for Portabello's Too. Lord showed correspondence (filed) from the Army Corps
of Engineers, and said he and Zoning Enforcement Officer Stucin had since spoken to George Casey of the Army Corps. Casey said the issue giving rise to the citation was
largely a problem caused by the Department of Environmental Conservation, not by the Kantors. No changes to building requirements, site plan, grading, or roads were
required.

Chairman Lord discussed the Comprehensive Plan. The Town Board will be holding a workshop on it on January 23. Planning Board members have not specifically been
invited, but it is a public meeting.

Chairman Lord discussed "driveways" in the Land Use Law. Zoning Enforcement Officer Stucin had said that the Planning Board's proposed change to the definition of
"structure" would affect driveways. Lord found some 12 mentions of "driveway," but does not see any conflict with the structure definition. Lord and Stucin will
examine this further and discuss it at the February 12 meeting.

Attorney Ferrari said the new statewide legislation regarding fire and building codes went into effect on January 1.

The Board discussed appointment of Planning Board Vice-Chairman for 2008. John Phillips moved to reappoint Donna Borgstrom to the role. Wes Ciampo seconded the motion
and, with no other nominations, it passed by acclamation.

Chairman Lord discussed the memorandum of agreement (MOA) between the Town and the Watershed Supervisory Committee (WSC). The MOA expires on March 15, 2008, but the
WSC now thinks the septic inspection and upgrade program won't be complete before 2011. Lord suggested that the MOA be made permanent, with a 90-day "opt-out clause"
which could be exercised by either party. John Phillips moved to recommend this suggestion to the Town Board. Steve Purcell seconded the motion and it was approved,
7-0. Lord said he would relay this decision to the Town Board.

Bill Deane discussed the February 12 agenda, noting the date change due to the Presidential Primary on February 5. On the agenda so far are the Wingate public hearing,
and the Wingate, Walker, and Gambino applications, plus a couple of items of other business. Deane noted that a secretary would be needed, as he will be out of the
country. Joe Galati volunteered to serve as secretary for the February 12 meeting. Deane said he would brief him on the process.

At 9:56, Wes Ciampo moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk