Town of Otsego Planning Board

Minutes - February 6, 2007

PUBLIC HEARING

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

Chairman Paul Lord called the public hearing to order at 7:32, and asked if anyone from the public had any comments or questions about the Burkhart subdivision application. No one responded. It was noted that the Board's notification letter to neighbor William Garomon was returned, "unable to find." Donna Borgstrom moved to close the public hearing. John Stucin seconded the motion and it was approved, 7-0.

REGULAR MEETING

Chairman Paul Lord called the monthly Town of Otsego Planning Board meeting to order at 7:34 PM. Roll call was taken by Planning Board Clerk Bill Deane. All members were present: Lord, Donna Borgstrom (Vice-Chairman), John Stucin, John Phillips, Wes Ciampo, Joe Galati, and Doug Greene. Lord welcomed Galati and Greene, new members on the Board. Also present were Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer Mike Miller.

The Board referred to the minutes of the January 2 meeting, mailed to the members. The following corrections and clarifications were noted:

· On page 2, under the Burkhart application, "notional lots" should be "notional principal building lots."

· On page 3, under other business, "lenient" should be "strict."

· On page 4, under the last item of other business, "driveways" should be "roadways."

· [See additional correction in this month's other business.]

Borgstrom moved to approve the minutes as amended. Phillips seconded the motion and it was approved, 7-0.

Zoning Enforcement Officer Miller said he had not yet had a chance to prepare a written report for January. He verbally listed the five land use permits he had issued in
that month.

Chairman Lord read from two pieces of correspondence received since last month:

a.. A letter from Town Supervisor Tom Breiten, advising of the appointments of Galati and Greene to the Board, and thanking all the Planning Board members for their
service to the Town.
b.. A memo (filed) from the County Clerk, regarding the filing of the Jerry Miller subdivision on January 9.
The Board moved on to applications.

APPLICATIONS

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

Donna Borgstrom read aloud the minutes of January 2 relevant to the application. It was noted that the documents requested during that meeting were received. The Board examined the revised plat, and the applicants sketched in the notional principal building lots.

John Phillips moved to approve the Burkhart Subdivision and authorize the chairman to sign the plat. John Stucin seconded the motion and it was approved, 7-0. Chairman Lord stamped the plat "approved" and signed it. He advised the applicants to file it with the County within 30 days.

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

Donna Borgstrom read aloud the minutes of January 2 relevant to the application. It was noted that, as requested, the perc test had since been signed off on the Mylar by an engineer.

Borgstrom moved to deem the application complete. John Stucin seconded the motion and it was approved, 7-0.

Chairman Lord asked if there was any discussion about the merits of the application, but none was offered. John Phillips moved to approve the subdivision as submitted. Borgstrom seconded the motion and it was approved, 7-0. Lord stamped the plat "approved" and signed it.

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

Donna Borgstrom read aloud the minutes of January 2 relevant to the application. The Board examined a package of documents submitted by Attorney Bob Birch. These showed the proposed subdivision of a 108-acre parcel into four lots. Birch answered questions asked by the Board. Zoning Enforcement Officer Miller and John Stucin consulted the 1987 tax map, confirming that this qualified as a major subdivision due to previous splits since that year.

Chairman Lord went through the completed Environmental Assessment Form (EAF) and completed the Planning Board section with member 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, 7-0, and Lord signed the EAF.

After the applicants completed the Agricultural Data Statement, John Stucin moved to deem the application complete and schedule a public hearing for March 6. Borgstrom seconded the motion and it was approved, 7-0.

Deborah Kantor - Special permitted use, Portabello's Too! - 6708 State Highway 28 (#97.60-2-4.42)

Donna Borgstrom read aloud the minutes of December 6, 2005 relevant to the application. The site plan for the banquet hall and conference center had been approved at that time, and the applicants were to return to complete the special permitted use requirements after the purchase of the land was complete. Zoning Enforcement Officer Miller expressed concern that the site plan was approved without the special permitted use being approved at the same time.

The Board referred to Section 7.03 on page 29 of the Land Use Law. Applicant Josh Kantor described the proposed enterprise, saying that it would be available 365 days per year, 6:30 AM to midnight. Events would generally require 4-5 hours at a time, with a maximum of 25 employees. The building's maximum occupancy is 225, but there would also be outdoor events.

Borgstrom moved to deem the application complete and schedule a public hearing for March 6. John Phillips seconded the motion and it was approved, 7-0.

David Poulette - Lot line adjustment - 51 Linden Avenue (#131.00-1-21.22)

Applicant David Poulette distributed copies of a map and deeds showing his proposed lot line adjustment. Planning Board Attorney Ferrari examined the deeds. Poulette was asked to complete the Board's lot line adjustment form (which needs to be signed by the other property owner, who was not present) and return to the March 6 meeting.

Village of Cooperstown (Susan Snell) - Site plan review, expansion of pavilion within 100 feet of Otsego Lake - 6266 State Highway 80 (#84.00-1-26.00)

Donna Borgstrom read aloud the minutes of October 3, 2006 relevant to the application. Chairman Lord read the December 19, 2006 decision by the Zoning board of Appeals (ZBA), granting the applicants an area variance for construction within the setbacks and within the lakeshore protection area.

Architect Susan Snell, accompanied by Superintendent of Public Works Brian Clancy and Trustee Jeff Katz, represented the Village. Snell answered question by the Board members. She said that the Department of Environmental Conservation (DEC) and wetlands permits had been applied for. The Village needs to complete construction by May 31 to meet the conditions of a grant. The construction is expected to take 2-4 weeks.

Chairman Lord noted that the increase in impervious surface very close to Otsego Lake would be mitigated by the applicant's itemized erosion control plan. It was also noted that the property is in the Historic District. This represents expansion of a non-residential structure.

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, #C7. John Phillips seconded the motion and it was approved, 7-0.

The Board agreed that they would have to wait for the DEC's decision before deeming the application complete. The DEC may require changes that the Board would have to consider. The applicants did not anticipate having the DEC's decision in time for the March meeting deadline, but hoped to have it in time for the April meeting.

John Stucin moved to deem the application complete, contingent on the DEC's approval and recommended modifications to be received by the Board by March 20, and to schedule a public hearing for April 3. Wes Ciampo seconded the motion and it was approved, 7-0.

Norm Johannesen - Sketch plan conference, special permitted use, short-term rentals - 4983 State Highway 28 (#146.00-2-18.00)

Norm Johannesen described his plan to transform a historic mill building in the GB2 District to accommodate four units for short-term rentals. If it had nine or more units, it would qualify as a motel/hotel under the Land Use Law definitions, and would be permitted; but, with only four units, it is not permissible. Johannesen was advised that he would have to apply for a use variance through the ZBA. If it were granted, he could apply for a special permitted use from the Planning Board.

Mike Staffin - Sketch plan conference, self-storage units - State Highway 28

Mike Staffin came before the Board, saying he did not think he needed to be put on the agenda for a sketch plan conference. Staffin described his plan to install self-storage units in the RA2 District. Chairman Lord noted that, while the Board had revised the Land Use Law regarding storage units, they had neglected to include the RA2 District in their revision; thus, the proposed project is legal under the current law. Staffin will return with a completed application at a future date. Bill Deane asked him to give at least two weeks' notice if he wanted to be put on the agenda.

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

John Phillips recused himself from this application and went to the other side of the meeting table. He said he had been requested (in a note, filed, from Mary Lou Votypka) to represent the family in this application. Applicant Richard Votypka had been hospitalized on Sunday, and the family did not want any further delays. They chose Phillips because they felt he was most familiar with the situation, having examined the premises on behalf of the Planning Board. Phillips consulted with Planning Board Chairman Lord and Attorney Ferrari before agreeing to act as representative.

Donna Borgstrom read aloud the minutes of January 2 relevant to the application. She also read from the minutes of September 6, 2005, at which time Richard Votypka had agreed to do various things requested by neighbor Marie Rudloff as conditions of his previous site plan approval. Votypka had since reneged on some of these promises:

· He agreed to replace Rudloff's apple tree removed during construction. He since learned that the tree was on his property, not Rudloff's, so he decided not to replace it.

· He agreed to repair Rudloff's chimney, damaged by traffic during construction. Subsequent investigation (with photo evidence) by Phillips indicates that the chimney was damaged not during construction, but by water long before this; therefore, Votypka said he would not repair it.

· He agreed to provide shielded lighting to minimize the impact on his neighbors, but had not done that.

Zoning Enforcement Officer Miller noted that the special permit granted to Votypka had specified no special conditions of approval. Miller also said that no formal complaint had been filed by Rudloff or anyone else.

Attorney Ferrari said that, if there were any changes to the application (i.e., language addressing the tree, chimney, and/or lighting), another public hearing should be scheduled.

Phillips requested that Votypka's promises on the first two items be disregarded by the Planning Board on the current application, and dealt with by enforcement if necessary. He asked the Board to restart the clock and vote on the original site plan modification application. He said he would include a promise on behalf of the applicant to shield the existing lights, and asked that a second public hearing be waived.

Borgstrom moved to approve the site plan modification application as submitted (unlimited hours of operation), contingent on the applicant providing shielded lighting in the rear of the building. Wes Ciampo seconded the motion. During discussion, John Stucin expressed concern about "unlimited hours." Borgstrom withdrew the motion.

Borgstrom moved to approve the application, with the Board's modification that hours of operation to the public be limited from 6 AM to 11 PM, and contingent on the applicant providing shielded lighting in the rear of the building. Stucin seconded the motion and it was approved, 6-0. Phillips returned to the members' side of the meeting table.

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

Joe Galati recused himself from this application and went to the other side of the meeting table. Donna Borgstrom read aloud the minutes of December 5, 2006 relevant to the application.

The Board discussed driveway and road requirements at length. Chairman Lord advised Galati that Planning Board engineer Wayne Bunn was available to review his road plans, for a fee of $750 to $1,500. Galati will review his options and return before the Board with a revised site plan at a future meeting. Galati returned to the members' side of the meeting table.

OTHER BUSINESS

John Stucin said that the two newest members, Joe Galati and Doug Greene, were working with him on finalizing the Planning Board checklist.

Chairman Lord announced that he had formally been appointed Planning Board Chairman by the Town Board. He also said that Lin Vincent's resignation from the Planning Board had been accepted. Greene was selected to complete Vincent's term, which runs through 2008, and Galati was selected to replace Jonathan Bass, whose term had expired.

Chairman Lord said that he had found 46 mentions of the word "structure" in the Land Use Law, thus that there was no easy fix to the issue discussed at previous meetings. He recommended that the Planning Board schedule a workshop to discuss this and other potential Land Use Law revisions and related issues (e.g., phosphorous removal in septic systems; clear-cutting in the lakeshore protection area; Town of Hartwick's applicant contract; self-storage units). After discussion, the Board agreed to meet on February 27 at 7:30 PM for this workshop. Bill Deane said he would advertise the meeting. Lord said that Deane would not be needed to attend or take minutes for a workshop meeting.

Donna Borgstrom said she noted another correction to the January 2 minutes: on page 2, under the Schropp application, "#1 and 2" should be "#2 and 3." Borgstrom moved to amend the minutes accordingly. John Phillips seconded the motion and it was approved, 6-1. Stucin voted "no," saying that the minutes should not be
amended without the public present.

Zoning Enforcement Officer distributed copies of a 2/5/07 e-mail from Meg Kiernan, regarding shoreline protection issues.

At 11:41 PM, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk