Town of Otsego Planning Board
Minutes - March 4, 2008
PUBLIC HEARINGS
Richard Votypka - Site plan modification, Harmony House Café - State Highway 28, Fly Creek (#114.05-1-37.00)
Chairman Paul Lord opened the public hearing at 7:32 PM, and John Phillips left the meeting table to join the audience. Lord asked if anyone had any questions or comments about the Richard Votypka application.
Neighbor Deborah Kantor asked for a description of the project, which representative Dave LaDuke gave her. Kantor said she had no further questions or comments.
Planning Board Attorney Jim Ferrari said he had spoken with Dennis Irwin, attorney for neighbor Marie Rudloff. Irwin asked that Rudloff's concerns, itemized in a letter, be addressed during the meeting. Lord said the letter would be dealt with during the "applications" portion of the meeting.
With no further comments or questions from the audience, Donna Borgstrom moved to close the public hearing. Joe Galati seconded the motion and it was approved, 5-0. Phillips returned to the meeting table.
Albert Wingate -Site plan review, special permitted use, real estate/contracting office - 757 Bissell Road (#97.00-2-25.01)
Chairman Paul Lord opened the public hearing at 7:37 PM, and asked if anyone had any questions or comments about the Albert Wingate application, but no one responded. Donna Borgstrom moved to close the public hearing. Joe Galati 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 7:38 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Joe Galati, and Steve Purcell. Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John Stucin were also present. Member Doug Greene was absent.
The Board referred to the minutes of February 12, 2008, mailed to the members. Chairman Lord noted that Greene had returned to that meeting during the Jerry Miller application discussion. Borgstrom moved to approve the minutes as amended. Purcell seconded the motion and it was approved, 5-0 (Phillips had left the room to make copies).
Zoning Enforcement Officer Stucin distributed copies of his report for February-March. It essentially duplicated the Planning Board agenda. Stucin also noted that he was not empowered to issue permits for buildings on seasonal roads, other than seasonal structures.
Chairman Lord passed around a post card and fliers for various training opportunities. He also distributed copies of a letter from Zoning Enforcement Officer Stucin, regarding an upcoming telecommunications application.
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)
Donna Borgstrom read aloud the minutes of January 8 relevant to this application. Chairman Lord asked if there was any new information related to the application, but Patricia Wingate said there was not.
Zoning Enforcement Officer Stucin said the applicant owed $25 each for the site plan application, special permit, and sign permit. Wingate gave a check for $75 to Stucin.
Lord noted that the sign is larger than that allowed (16 square feet) in Article V, pages 20-22 of the Land Use Law. John Phillips said he measured the sign and found it to be 4' by 5'9½", or about 23 square feet. The lighting on the sign should face down, and the sign should meet setback regulations.
Wes Ciampo moved to approve the site plan as modified by the applicant (making the sign conform to the Land Use Law), and Donna Borgstrom seconded the motion. John Phillips again raised the discussion of whether a home occupation would be more appropriate than a special permitted use for a professional office. Attorney Ferrari said he thought it was, as this sets a bad precedent. Anyone who wanted to advertise his business with a large sign on his lawn could just apply for a special permitted use, rather than adhere to the home occupation sign limit of two square feet. Lord noted that such a person would still have to go through the Planning Board. The motion was passed, 5-0-1. Phillips said he was abstaining due to the concern of setting a bad precedent.
Borgstrom moved to approve the special permitted use as a real estate/contracting office. Steve Purcell seconded the motion and it was approved, 6-0. Chairman Lord stamped the site plan "approved" and signed it.
Joe Senchyshyn - First lot split - Cook Road (#113.00-1-74.02)
Joe Senchyshyn submitted a sketch showing his proposed first lot split, and the Board examined it. Zoning Enforcement Officer Stucin said that he had checked the tax maps and determined there had been no previous splits on the property since 1987, and that the proposed split meets acreage and frontage requirements. There will have to be an easement on the deed.
John Phillips moved to deem this a first lot split and authorize the Chairman to sign the plat when it is complete. Donna Borgstrom 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)
John Phillips left the meeting table to join the audience. Donna Borgstrom read aloud the minutes of February 12 relevant to this application. Borgstrom asked if there were any changes to the application, and representative Dave LaDuke said there were not.
Chairman Lord passed out copies of the Marie Rudloff/Dennis Irwin letter (filed) mentioned during the public hearing. Board members read through it. Attorney Ferrari said the complaints have no basis in law.
Zoning Enforcement Officer Stucin said that the applicant owes $25 each for the site plan application and land use permit. LaDuke paid $50 to Stucin in cash.
Steve Purcell moved to approve the site plan with reference to the waivers discussed during the February meeting. Joe Galati seconded the motion and it was approved, 5-0. Chairman Lord stamped the site plan "approved" and signed it. Phillips returned to the meeting table.
Edward Walker - Major subdivision - Browdy Mountain Road (#84.12-1-1.01)
Donna Borgstrom read aloud the minutes of February 12 relevant to this application. Chairman Lord noted that he had asked Joe Galati to recuse himself from this application, due to a financial relationship with the applicant, but that Galati had declined to do so.
Applicant Edward Walker submitted an engineer's report and a preliminary survey plat, modified as requested by the Board in February. Walker also distributed copies of a summary of the existing and proposed ingress and egress easements and maintenance provisions. The Board reviewed the documents.
Lord noted that any building on the undeveloped lots will likely require site plan review, due to the steepness (greater than 15%) of slopes, per Land Use Law Section 4.02. He asked Walker to note the slopes and easements on the plat.
Zoning Enforcement Officer Stucin distributed copies of the State laws regarding roads and rights-of-way. Attorney Ferrari said he foresaw no problems for the Board on the road, saying "This is how these projects get done in rural areas."
The Board discussed the New York State Environmental Quality Review Act (SEQRA) process. Chairman Lord asked if the property was within 500 feet of the agricultural district, but Walker said it was 750 feet from the nearest working farm. Lord went through the Environmental Assessment Form (EAF) completed by Walker, asking him to make various modifications. The Board moved to the next application while Walker worked on that.
When Walker was finished, Lord completed the Planning Board section of the EAF with member input. John Phillips moved to declare a negative declaration and authorize the chairman to sign the form. Wes Ciampo seconded the motion, it was approved, 6-0, and Lord signed the EAF.
Lord noted that the Department of Environmental Conservation (DEC), State Historical Preservation Office (SHPO), and the County would have to be notified as part of coordinated review. Lord said he would initiate that process.
Phillips moved to deem the application complete, contingent on the documentation of easements on the Craig Morrow lot, and steep slopes, by March 18, and to schedule a public hearing for April 1. Steve Purcell seconded the motion and it was approved, 6-0.
Tony Gambino - Site plan review, special permitted use, automobile sales - 5438 State Highway 28 (#131.00-1-1.00)
Donna Borgstrom read aloud the minutes of February 12 relevant to this application. Applicant Tony Gambino reiterated that there would be no changes to the building or parking lot.
Gambino submitted a long EAF, based on the Board's Type I SEQRA determination during the February meeting. Chairman Lord said he believed this qualifies as a Type II action. Attorney Ferrari restated the risk of making a Type II determination in the Historic District. After discussion, Joe Galati moved to rescind the Board's Type I determination, and to deem it Type II based on SEQRA Section 617.5, (C)(7). John Phillips seconded the motion and it was approved, 6-0.
Steve Purcell moved to deem the application complete and schedule a public hearing for April 1. Phillips seconded the motion and it was approved, 6-0.
Rudy Burkhart - Minor subdivision - 4017 State Highway 80 (#96.00-1-14.00)
No one appeared on behalf of this application.
SBA Towers - Sketch plan conference, special permitted use, cell tower - State Highway 80/205 (#97.00-2-2.00)
Doug Dimitroff and Amy McShane of Phillips Lytle LLP were present, saying they represent SBA Tower Company. Mark Rathbun, owner of the property, was not present, nor did Dimitroff or McShane have an authorization letter from him. Chairman Lord said that they could proceed with the application as a sketch plan conference in the meantime.
Dimitroff and McShane distributed large packages (filed) with drawings and documents related to the proposed 150-foot-tall cell tower to be located off State Highway 80/205. They also displayed drawings on an easel.
Four neighbors of the property were in attendance. They remarked that there are already people drilling test holes on the site. Lord asked Zoning Enforcement Officer Stucin to investigate this.
Lord asked questions about the EAF submitted. He said the Board would need to see a description of alternate ideas which were considered, a line-of-sight map, renderings of the tower's appearance from various viewpoints, and a list of neighbors (and their addresses) within 500 feet of the property.
Dimitroff and McShane said they would return for the April 1 meeting, accompanied by the property owner and an engineer.
OTHER BUSINESS
Chairman Lord noted that the Comprehensive Plan had been passed by the Town Board in February; however, the Comprehensive Planning Committee's recommendations were essentially removed from the Plan. Lord said that, at their March 12 meeting, the Town Board would be discussing a joint workshop with the Planning Board.
Paul Lord again brought up the subject of driveways in the Land Use Law. He said that, unless Zoning Enforcement Officer Stucin had any further concerns, Lord saw no issues with this topic.
Bill Deane discussed public hearings. At the January meeting, the Wingate application had been deemed complete and a hearing scheduled for February 12. Deane wrote and sent a public notice to the Daily Star (costing the Town more than $20), and wrote and mailed letters to each of Wingate's neighbors, advertising the hearing. On February 12, Wingate failed to show up, but no one from the public came with comments or questions about the application, nor did anyone write or call with concerns. Afterward, Chairman Lord asked Deane to reschedule the public hearing for March 4, as inclement weather may have dissuaded people from attending on February 12. Deane again wrote and sent a public notice to the Daily Star, and wrote and mailed letters to each of Wingate's neighbors, advertising the hearing. Again tonight, no one from the public came with comments or questions about the application; but when the applicant was late in arriving, Lord was discussing the possibility of holding yet another hearing. Deane asked why multiple hearings should be scheduled for the same application, wasting his and the Board's time and the Town's money, when there was no interest from the public. Deane also noted that the Board had not passed a motion to schedule another public hearing, and asked if there was any state, local, or Board rule or law that requires an applicant be present for a public hearing to be valid. Other Boards, including the Otsego Zoning Board of Appeals, routinely hold advertised hearings without the applicant present. Lord said he would check with the Planning Board Attorney on the latter question, and also discuss the Town's instituting a penalty fee for an applicant who doesn't appear for his scheduled public hearing. Deane said this doesn't address the problem; the applicant's penalty should be that his application process is delayed another month, and the Board could decide whether to schedule another hearing when he returns.
Chairman Lord discussed the April 1, 2008 agenda. Returning will be Edward Walker (public hearing), Tony Gambino (public hearing), Jerry Miller, and SBA Towers.
With no further business, at 11:04, Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk