Minutes - February 7, 2006

PUBLIC HEARING

Jeffrey Wait - Site plan review, replacement of bungalow/construction of new residence within 100 feet of Otsego Lake - 6793 State Highway 80 (#69.52-1-11.00)

Chairman Jonathan Bass called the public hearing to order at 7:33 PM. Jeffrey Wait gave a brief summary of his proposed project for the benefit of the public. Chairman Bass asked if anyone from the public had comments, but no one responded. Bass noted that one letter sent by the Planning Board to a neighbor, Fraydun Manocherian, had been returned, "not deliverable as addressed." Paul Lord moved to close the public hearing. John Stucin seconded the motion and it was approved, 7-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:37 PM. All Board members were present: Bass, Paul Lord (Vice Chairman), John Stucin, Wes Ciampo, Donna Borgstrom, Lin Vincent, and John Phillips. Also present were Planning Board Attorney Margaret McGown and Planning Board Clerk Bill Deane.

The Board referred to the minutes of the January 3, 2006 meeting, mailed to the members. Donna Borgstrom moved to approve them as written. John Phillips seconded the motion and it was passed, 7-0.

Chairman Bass announced that Zoning Enforcement Officer Sal Furnari had resigned.

Correspondence included the January-February, 2006 issue of Talk of the Towns & Topics, passed around to members. Of particular interest was an article about penalties for failure to file a subdivision map. Also was a memo from Terry Bliss of the Otsego County Planning Department, informing the Town about government workshops being held in February. Chairman Bass read it aloud and left it out for members to peruse.

The Board moved on to applications.

APPLICATIONS

David Bertram - Lot line adjustment - Pierstown Road (#99.00-1-2.00)

Chairman Bass gave David Bertram a copy of the new lot line adjustment form, and asked him to work with Attorney McGown and return with the completed form and other necessary documents at a later date.

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

Paul Lord read aloud the minutes of the January 3 meeting relevant to this application. Chairman Bass reported that he spoke with John Bonafide of the State Historic Preservation Office (SHPO) on February 1, and Bonafide said that SHPO would not require an archaeological survey. Bass had asked SHPO to submit a letter to that effect by today's date, but no letter had been received. Furthermore, the Department of Environmental Conservation (DEC) had not responded to either of the Planning Board's letters about this project.

After discussion, it was the consensus of the Board to go forward with the application, as all agencies involved in coordinated review had had ample opportunity to document their concerns, if any. Bass completed the Environmental Assessment Form (EAF) with the Board's input. John Phillips moved to declare a negative declaration and authorize the Chairman to sign the form. Lin Vincent seconded the motion, it was approved, 7-0, and Bass signed the EAF. He and Bill Deane will work on getting a summary of the decision to the DEC.

A public hearing on this application was held on November 1, at which time Randy Dean had agreed to "stop the clock" on the decision process (normally limited to 62 days after the public hearing) on his application. At this time, Dean asked to "restart" the clock, and the Board agreed by consensus.

Phillips moved to approve the minor subdivision as presented. Wes Ciampo seconded the motion and it was approved, 7-0. Bass stamped the subdivision map "approved" and signed it, advising Dean that he had 30 days to file it with the County.

Jeffrey Wait - Site plan review, replacement of bungalow/construction of new residence within 100 feet of Otsego Lake - 6793 State Highway 80 (#69.52-1-11.00)

Paul Lord read aloud the minutes of the January 3 meeting relevant to this application. Jeffrey Wait's application sought to remove a bungalow within 100 feet of Otsego Lake, and to construct a new residence within 500 feet of the Lake. Wait was considering building a garage in place of the removed bungalow at a later date, but hearing that this would require a separate application, decided not to pursue it at this time. He thus plans to withhold demolition of the bungalow so that he would have the option of replacing it in kind later.

Paul Lord said that demolition of the bungalow constitutes construction within 100 feet of the Lake, still requiring a separate site plan application. Bill Deane said that the public hearing notices had specified such construction, yet no one from the public had come. Deane said he hoped that would be considered before another public hearing was scheduled in the future. Lord read aloud the notice mailed to neighbors, confirming that it specified "replacement of bungalow/construction of new residence within 100 feet of Otsego Lake." However, the general consensus was that the demolition of the bungalow should be "taken off the table."

Attorney McGown pointed out that this would put Wait in violation of Land Use Law Section 3.04. By retaining the bungalow and building a new residence, he would have two principal dwellings on the same lot, with only 103 feet of road frontage. A Certificate of Occupancy for the new house could not be issued until the bungalow was removed.

Lord added that the Board had considered the removal of the bungalow as something of a trade-off for building the new residence, mitigating some of the erosion and runoff concerns created by the larger new building. Chairman Bass said that, since the bungalow has no foundation and its removal would require no substantial excavation, no site plan should be required for this part of the project. The Board agreed by consensus.

Bass asked if there were any other changes to the site plan. Wait said that he planned to put in four to six inches of crushed stone under the deck.

Lord moved to approve the site plan as originally submitted. Lin Vincent seconded the motion and it was approved, 7-0. Bass stamped the site plan "approved" and signed it.

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

Bill Deane reported than Robin Clark had asked to be removed from tonight's agenda.

Jason Oliver - Minor subdivision - 360 Christian Hill Road (#113.00-1-62.05)

Dick Parsons of Kaatskill Mountain Surveyors said that he was representing the applicant, though he had no letter attesting to that. After discussion, the consensus of the Board was to move forward with the application, making any decisions contingent on receiving such a letter.

Parsons described the proposed project for the benefit of the Board. Jason Oliver wants to subdivide a 13.65-acre lot into parcels of 6.05, 4.05, and 3.55 acres, respectively. The Board reviewed the documents submitted for the project and agreed it constituted a minor subdivision. Chairman Bass completed the short EAF with the Board's input. Wes Ciampo moved to declare a negative declaration and authorize the Chairman to sign the form. Donna Borgstrom seconded the motion, it was approved, 7-0, and Bass signed the EAF.

Parsons said the property was 650 feet from the Town of Hartwick line, so no notice to them would be required. Paul Lord expressed concern that wetland would constitute the road frontage of one of the lots.

Lin Vincent moved to deem the application complete, contingent on the Board's receiving by February 21 (1) a letter from the applicant, empowering Kaatskill Mountain Surveyors to act on his behalf, and (2) a list of deed restrictions, if any. John Phillips seconded the motion and it was approved, 7-0. Phillips moved to schedule a public hearing on March 7, with the same contingencies. Vincent seconded the motion and it was approved, 7-0.

Tony Gambino - Simple lot split - State Highway 80 (#69.00-1-23.01)

Tony Gambino explained his proposal to split an 8.66-acre lot into two parcels of 5.00 and 3.66 acres, respectively. Questions arose about road frontage, as the tax map makes it unclear whether the property actually borders State Highway 80. After Attorney McGown and Board members examined the deed, survey, drawings, and tax maps, they agreed that Gambino does have the required frontage.

Paul Lord moved to approve this as a first lot split. Donna Borgstrom seconded the motion and it was approved, 6-1, with John Stucin opposed. Chairman Bass said he would issue a letter formalizing this decision. McGown advised Gambino to file it with the County within 30 days.

OTHER BUSINESS

The Board discussed Margaret McGown's draft of Land Use Law amendments (Sections 4.02 and 4.04) regarding the installation of septic systems along Otsego Lake. Paul Lord expressed his concerns about the aesthetics of the systems, saying that he felt the Board should have at one look at each proposed system, reserving the right to require site plan review. Donna Borgstrom said that the Board should specify what would trigger site plan review. After discussion, and input from John McManus of Lamont Engineers, Lord agreed that his concerns applied only to above-ground systems, not below-grade or raised bed systems. McGown revised the wording on the Section 4.04 draft and read it aloud. Lord moved to accept the language of the revised document. John Stucin seconded the motion and it was approved, 7-0. McGown said she would e-mail the revised language to the Town Clerk in time for the February 8 Town Board meeting.

The Board discussed Margaret McGown's proposed Planning Board checklist to be used with each application. Members and Bill Deane agreed it was a good idea, and made suggestions for additions to the list. McGown said she would submit a revised checklist before the March meeting, which she wouldn't be able to attend.

Chairman Bass brought up the Zoning Enforcement Officer vacancy, which he expected would be discussed during the February 8 Town Board meeting. Paul Lord and John Stucin have volunteered to serve as application intake officers until the position is filled.

Paul Lord discussed the Watershed Supervisory Committee's wish to have a representative from the Town, to speak on behalf of the Town, on its committee. Members agreed that it should be a member of the Town Board, not the Planning Board.

With no further business, at 10:05 PM, John Phillips moved to adjourn the meeting.

Respectfully submitted,

Bill Deane