Town of Otsego Planning Board
Minutes - February 12, 2008
PUBLIC HEARING
Albert Wingate -Site plan review, special permitted use, real estate/contracting office - 757 Bissell Road (#97.00-2-25.01)
Chairman Paul Lord called the Wingate public hearing to order at 7:32 P.M., and asked if anyone from the public had questions or comments, but no one responded. The applicant was not present. Donna Borgstrom moved to close the hearing. John Phillips seconded the motion and it was approved, 6-0. Later during the meeting, when a representative for the applicant was thought to be present, at 7:50 Borgstrom moved to reopen the public hearing. Steve Purcell seconded the motion and it was approved, 6-0. At 7:52, Borgstrom again moved to close the hearing. Purcell seconded the motion and it was approved, 6-0.
REGULAR MEETING
Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:34 PM. Roll call was taken by Joe Galati, filling in for Planning Board Clerk Bill Deane. All members ultimately were present: Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo (who arrived at 7:52), John Phillips, Doug Greene, Galati, and Steve Purcell. Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John Stucin were also present.
The Board referred to the minutes of January 8, 2008, mailed to the members. Phillips moved that the minutes of the Votypka application be corrected, changing "representing" to "presenting information collected for." Discussion followed, but there was no second to the motion, so it died. Borgstrom moved to approve the minutes as written. Greene seconded the motion and it was approved, 6-0.
Zoning Enforcement Officer Stucin distributed copies of his report for January-February. Chairman Lord noted that Tony Gambino's sketch plan conference had been changed to one requesting a special permitted use for motor vehicle sales, rather than a business/professional office, in the GB-1 district.
Chairman Lord distributed copies of the latest issues of Talk of the Towns&Topics and the New York Planning Federation Newsletter. He also passed around fliers about training seminars ("Municipal Regulation of Wetlands" and "Locally Unwanted Land Uses") to be held on February 27, and a workshop featuring mock board meetings to be held on March 26.
With no further correspondence, the Board moved on to applications.
APPLICATIONS
Albert Wingate -Site plan review, special permitted use, real estate/contracting office - 757 Bissell Road (#97.00-2-25.01)
As mentioned during the public hearing, no one appeared on behalf of this application.
Edward Walker - Major subdivision - Browdy Mountain Road (#84.12-1-1.01)
Donna Borgstrom read aloud the minutes of January 8 relevant to this application. Applicant Edward Walker said that, contrary to the minutes, he did not say that his road would meet Donovan specifications. Walker went over the items requested by the Board at the last meeting, and read aloud the existing deed restrictions on his property. He said that an engineer would be preparing a report on the road.
The Board reviewed the new documents submitted, and engaged in considerable discussion about the suitability and safety of the road. Chairman Lord said that the Board would want to see the engineer's report before they began the New York State Environmental Quality Review Act (SEQRA) process. Lord also asked that the 500-foot mark (from the Lake) and intermittent storm-water storage facility be denoted on the plat.
Walker will be put on the March 4 agenda.
Tony Gambino - Site plan review, special permitted use, automobile sales - 5438 State Highway 28 (#131.00-1-1.00)
Chairman Lord explained that the special permitted use now sought by applicant Tony Gambino is for automobile sales rather than a business/professional office, entailing less change to the existing site. Lord read aloud from the site plan requirements in the Land Use Law. There was considerable discussion as to what type of action the project should be classified as under SEQRA. Action was tabled while Attorney Ferrari reviewed the SEQRA requirements for Type II actions.
When applicant Tony Gambino returned, Lord and Ferrari explained that this constituted an unlisted action in the Historic District, triggering a long-form environmental assessment form (EAF) and coordinated review (with the Department of Environmental Conservation and the State Historic Preservation Office). After submission of the EAF, these agencies would be given 30 days to respond, pushing any Planning Board decision on the application back to at least May. Gambino asked to be put on the March 4 agenda.
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 January 8 relevant to this application. Dave LaDuke presented a letter (filed), giving him permission to represent applicant Richard Votypka. At Chairman Lord's request, John Phillips left the meeting table during discussion of this application. Doug Greene had also left the meeting by this time.
Zoning Enforcement Officer Stucin noted that, because this is a corner lot, the applicant can designate which sides of the property constitute the side- and rear-yard setbacks; based on Votypka's choices, he meets the setback requirements. Stucin also noted that the property is in the Fly Creek Historic District. There was discussion about Stucin's sound-proofing recommendations, which the applicant incorporated into his request for site plan modification.
The Board reviewed site plan requirements on page 32 of the Land Use Law. The consensus of the Board was that this was a Type II action, based on SEQRA Section 617.5, (C)(7). Steve Purcell moved to waive the requirements for a survey, topographic contours, traffic circulation plans, and lighting description. Borgstrom seconded the motion and it was approved, 5-0.
Borgstrom moved to deem the application complete and schedule a public hearing for March 4. Purcell seconded the motion and it was approved, 5-0. Phillips returned to the meeting table.
Jerry Miller - Site plan review, special permitted use, motel units in GB-2 district - 6635 State Highway 28 (#97.00-2-6.02)
Applicant Jerry Miller explained his proposal to build 14 motel units on his property in the GB-2 district. The Board discussed the definitions of "motel," "cabin," "campground," and "multiple unit dwellings" in the Land Use Law.
The Board reviewed site plan requirements on page 32 of the Land Use Law. They gave Miller recommendations to clarify his drawings. Miller said he would revise his drawings and apply for his necessary permit, returning for the April 1 meeting.
Rudy & Jennifer Burkhart - Sketch plan conference, minor subdivision - 4017 State Highway 80 (#96.00-1-14.00)
Rudy Burkhart presented his plan to split off another 1.39 acres from his land, on which the Board had approved a minor subdivision (creating three parcels) in 2007. Donna Borgstrom referred to the minutes of the January 2, 2007 meeting, during which it was determined there had been no other splits of the property since 1987, so this is still a minor subdivision. Burkhart was given a copy of page 17 of the Land Subdivision Regulations and asked to fulfill them, including a survey of the property. He asked to be put on the March 4 agenda.
OTHER BUSINESS
Chairman Lord discussed the Comprehensive Plan. He said that the Town Board was holding another public hearing on it on February 13, and may vote on it immediately after.
Chairman Lord brought up the subject of the Town's training budget, encouraging Board members to fulfill their training requirements as soon as possible.
Chairman Lord discussed the March 4, 2008 agenda. Returning applicants will be Walker, Gambino, Votypka (public hearing), and Burkhart. Zoning Enforcement Officer Stucin said that there will also be a sketch plan conference on the proposed cell tower in Oaksville. Lord recommended that members read through the telecommunications laws in preparation for this application. In "other business," Lord will discuss driveways.
At 10:57, Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk