Town of Otsego Planning Board

Minutes - March 7, 2006

PUBLIC HEARING

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

Chairman Jonathan Bass called the public hearing to order at 7:31 PM. Rick Braun of Kaatskill Mountain Surveyors put the plat on an easel and gave a brief description of the proposed subdivision of a 13.65-acre lot into three parcels. Bass asked if anyone from the public had comments or questions.

Peter Gencarelli, who lives about 100 yards away from the property, asked general questions about acreage requirements and the subdivision moratorium, which were answered by Chairman Bass. Gencarelli remarked that he regrets losing the rural quality of the neighborhood with development resulting from subdivisions such as this one. Paul Lord pointed out that the proposed subdivision was within Land Use Law guidelines, and that concerns about the law should be brought to the attention of the Town Board.

Tim Parsons, an abutting neighbor, said that he had no objection to the subdivision, but has a concern which may affect it. Parsons said that there is a right-of-way to his property through the western part of the Oliver property, but that lawyers had omitted this right-of-way from the current deed. Parsons thinks this should be resolved before the property is subdivided and people start building there.

Jim Williams, who lives across the road, had no concerns about the subdivision, but wondered how long the process would take. Chairman Bass gave him a general response.

With no further comments, John Phillips moved to close the public hearing. Paul Lord seconded the motion and it was approved, 5-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:42 PM. Board members present were Bass, Paul Lord (Vice Chairman), John Stucin, Donna Borgstrom, and John Phillips. Board members Wes Ciampo and Lin Vincent were absent, as was Planning Board Attorney Margaret McGown.

The Board referred to the minutes of the February 7, 2006 meeting, mailed to the members. Bill Deane noted that (as noticed by Paul Lord), on page 3, "other business," paragraph 1, line 4, the word "least" was omitted ("at least one look"). Lord moved to accept the minutes as amended. Donna Borgstrom seconded the motion and it was approved, 5-0.

Bill Deane reported that three people had been interviewed for the Zoning Enforcement Officer (ZEO) position, but no one had been hired. In the meantime, Anne Geddes-Atwell is acting as interim Zoning Enforcement Officer, and Paul Lord and John Stucin are acting as application intake officers at the Town building on Thursday afternoons. Lord and Stucin mentioned that the Town needs to provide a new answering machine for the ZEO office.

Chairman Bass reviewed correspondence received since the last meeting:

¨ A 2/7 letter from the New York State Department of Environmental Conservation (DEC) regarding the Randy Dean subdivision. They expressed concerns and noted that a Storm Water SPDES permit would be required. Bass asked Bill Deane to put the letter into the Dean file and send a copy to Dean.

¨ A 2/28 filing notice from the County Clerk's Office, regarding the Locust Grove Farm (Randy Dean) subdivision. Bass asked Deane to file this.

¨ A 2/22 filing notice from the County Clerk's Office, regarding the Gambino subdivision. Bass asked Deane to file this.

¨ A 2/26 fax from Brenda Vaughan of the County Clerk's Office, with a list of requirements for filing subdivision maps. According to Vaughan, applicants often claim
that "nobody told me" about such requirements. Bass said that these will apply to first lot splits which come before the Board, since a survey of the parcel is among the requirements.

¨ A notice from the State Assembly about a draft bill, regarding annual training requirements for Planning Board and Zoning Board of Appeals (ZBA) members.

¨ The February, 2006 issue of the Otsego Lake Association News, passed around to members.

The Board moved on to applications.

APPLICATIONS

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

Jason Oliver was present, as was his representative, Rick Braun of Kaatskill Mountain Surveyors. Oliver asked that the Board stop the clock on the decision process until the right-of-way issue brought up by Tim Parsons is resolved. Paul Lord noted that there might be another public hearing required, if the application is changed as a result of the resolution.

Lord read aloud the minutes of February 7 relevant to the application. The Board had requested a letter authorizing Kaatskill Mountain Surveyors to represent the applicant, and a list of deed restrictions, both of which had since been received.

Lord moved to stop the clock on the decision process, with the contingency that the Board reserved the right to schedule another public hearing. John Phillips seconded the motion and it was approved, 5-0. Bill Deane asked Oliver to give at least two weeks' notice when he was ready to be put back on the agenda.

Mark LaValley - Site plan review, special permitted use, service trade establishment - 515 Keating Road (#82.00-2-2.07)

Paul Lord read aloud the minutes of May 3, 2005 relevant to the application. Mark LaValley submitted documents requested during that meeting, including a survey (eliminating the need for a waiver), a short Environmental Assessment Form (EAF), an archaeological survey, and a packet containing copies of relevant correspondence and permits received since May. LaValley noted that there had been three changes in the application, including the installation of attic rafters, four feet of additional fill, and movement of the driveway to the north side of the building. The building will be 40 by 80 feet, or 3,200 square feet.

The Board reviewed New York State Environmental Quality Review Act (SEQRA) requirements. Chairman Bass completed the short EAF with input from the other Planning Board members. John Phillips moved to declare a negative declaration and authorize the chairman to sign the form. Donna Borgstrom seconded the motion, it was approved, 5-0, and Bass signed the EAF.

Attorney Les Sittler, who said he was speaking on behalf of neighbors Bill and Eileen Bowers, asked questions about whether previous issues were resolved by the Board. Bill Deane read aloud part of the minutes of April 5, 2005, regarding the Board's vote deeming the project a service trade establishment per the definition (since revised) in the Land Use Law at that time. Sittler, for the record, expressed objections to the Board's proceedings and decision on this matter.

Phillips moved to deem the application complete, send it to the County for review, and schedule a public hearing for April 4. Lord, after ascertaining that the revised definition of "service trade establishment" would be used, seconded the motion, and it was approved, 5-0.

John Butts - First lot split - Cook Road (#113.00-1-68.58)

John Butts described his plan to break a 68.58-acre parcel into two lots of 64.63 and 3.95 acres, respectively. He submitted a tax map with the proposed split drawn in, and said there had been no splits on the property since 1987. Donna Borgstrom moved to approve this as a first lot split, effective on the date Butts submits a survey of the new parcel, and the chairman signs it. John Stucin seconded the motion and it was approved, 5-0. Chairman Bass advised Butts to notify the Town Clerk when he was ready for Bass to sign the survey.

Carol & Bruce Harter - First lot split - County Highway 26 (#68.00-1-25.03)

Carol & Bruce Harter described their plan to break a 14.17-acre parcel into two lots of five-plus and eight-plus acres, divided by County Highway 26. They said there had been no splits since 1985, and John Stucin, a neighbor, concurred. Donna Borgstrom moved to approve this as a first lot split, effective on the date the Harters submit a survey of the new parcel, and the chairman signs it. Paul Lord seconded the motion and it was approved, 5-0.

Jacquelyn Gauron - First lot split - 380 Raymond Fish Road (#81.00-2-4.00)

Bill Deane reported that the office of Schlather & Birch had phoned, asking that this application be moved to the April agenda.

Frank Stabile - Site plan review, addition of room to existing structure within 500 feet of Otsego Lake - 6773 State Highway 80 (#69.60-1-9.03)

Chairman Bass read aloud a 2/28 letter (filed) from K. Wayne Bunn, expressing formal objection to the Stabile application, and enclosing copies of previous letters Bunn had written to the ZBA on this matter. Bass also read aloud the ZBA's 2/21 decision, granting conditional approval of the area variances sought.

Engineer Hans deWaal submitted a letter (filed) from Frank Stabile, authorizing deWaal to represent him in the application process, and a check for the $25 site plan application fee. He also submitted photos and drawings of the project, which had already been nearly completed before Stabile received a stop-work order.

After discussion, Paul Lord moved to deem this a Type II action, per SEQRA section 617.5(C)(9). Donna Borgstrom seconded the motion and it was approved, 5-0.

deWaal asked that the public hearing be waived, since the ZBA had already held one. The consensus of the Board was that the hearing should not be waived, due to the controversy produced by this project. Lord moved to deem the application complete and schedule a public hearing for April 4. John Phillips seconded the motion and it was approved, 5-0.

APPLICATIONS ADDED TO AGENDA

Shirley Swing Trust - First lot split - County Highway 22 (#67.00-2-1.00)

Barbara Bosma of Schlather & Birch submitted a Mylar (but no paper copy) of the lot split, approved by the Board in September, 2005. Upon trying to file it with the County, Schlather & Birch were advised to get the split re-approved and the plat signed by the Town Planning Board. After review, John Phillips moved to re-approve the first lot split and authorize the chairman to sign the plat. Paul Lord seconded the motion, it was approved, 5-0, and Bass signed the plat. Bosma said that Schlather & Birch would submit paper copies for the file.

Jerry Miller - Site plan modification, swing set at Jerry's Place, 6635 State Highway 28, Hartwick (#97.00-2-6.02)

Bill Deane read aloud the minutes of June 7, 2005 relevant to this issue. Jerry Miller submitted a drawing including the swing set, as well as insurance information related to it. John Phillips moved to approve the amended site plan, with the swing set as shown and installed, and waive the public hearing. Donna Borgstrom seconded the motion and it was approved, 5-0.

OTHER BUSINESS

Chairman Bass distributed copies of the revised Memorandum of Agreement (MOA) between the Town of Otsego and the Watershed Supervisory Committee. The Board reviewed and discussed the MOA, expressing particular dissatisfaction with section D, number 2 of the document. Bass said he would draft changes to this section and submit them to Town Supervisor Tom Breiten.

Chairman Bass distributed copies of Margaret McGown's draft of a Planning Board checklist. The Board reviewed and discussed the document. Bass suggested that the Zoning Enforcement Officer could fill out the checklist for each application, and the Board could review it. John Stucin and Paul Lord said they would try the checklist during their application intake process over the next month, and return with suggestions for improvement.

Paul Lord told the Board about a person who wants to erect a free-standing, billboard-like solar panel on his property. Lord said that the structure meets Land Use Law height requirements, and may be outside of the lakeshore protection area. The consensus of the Board was that this would be an "accessory use" structure, requiring only a building permit and no Planning Board intervention.

Chairman Bass said that Velma Armstrong of the "Friends of Pierstown" had phoned him. She said that the group will be holding a meeting in April about the Town's comprehensive plan and subdivision moratorium, and will invite Planning Board members to attend.

The Board informally discussed the LaValley application, speculating what the public hearing might bring.

John Phillips announced that he would miss the next two Planning Board meetings while he undergoes cancer treatment downstate.

With no further business, at 9:42 John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk