Minutes - April 5, 2005

Chairman Jonathan Bass called the public hearing to order at 7:30 PM.

PUBLIC HEARING

Joe Siracusa - Site plan review, improvement to NYSHA fishing camp within 500 feet of Otsego Lake - 800 Lake Road, Cooperstown (#115.00-1-4.00)

Chairman Bass asked if anyone from the public had any comments or questions about the proposed project, but no one responded. John Phillips moved to close the public hearing. Paul Lord seconded the motion, and it was carried, 6-0.

REGULAR MEETING

Chairman Bass called the monthly Town of Otsego Planning Board meeting to order at 7:31 PM. Board members present were Bass, Paul Lord (vice chairman), John Stucin, John Phillips, Lin Vincent, Donna Borgstrom, and Wes Ciampo (who arrived after the first two votes). Also present were Town Attorney Margaret McGown, Zoning Enforcement Officer Sal Furnari, and Planning Board clerk Bill Deane.

The Board reviewed the minutes of the March 1 meeting, prepared by Bill Deane and mailed to the members. Paul Lord moved to approve the minutes as written. John Phillips seconded the motion, and it was carried, 6-0.

Chairman Bass introduced Sal Furnari, who started as Zoning Enforcement Officer on March 10. At Bass's invitation, Furnari told a little bit about himself and his job so far. Bass told Furnari to feel free to ask any of the Board members for help with Planning Board application questions.

Margaret McGown reported on the Dunbar-Cullum lot line adjustment, which was discussed at the March 1 meeting. She is awaiting the consolidation deed from attorney Tim Johnson. McGown also reported on the Town Board's meetings with her committee, concerning possible regulations for short-term rentals.

Chairman Bass reviewed correspondence received since the last meeting:

a.. A list of courses available from the New York Planning Federation, which was passed around to members, and filed in "general correspondence."
b.. A reminder (filed in "general correspondence") from the Otsego County Planning Department, with guidelines for referring applicants to them.
c.. A letter (filed in "general correspondence") from a representative of Keystone Associates, LLC, whom Board members met during the recent Rural Leadership Conference. They seek to keep communication open with the Planning Board.
d.. A letter from the Otsego County Conservation Association regarding a talk on "Light Pollution" at Hartwick College on April 28. The letter was passed around to
members.
e.. A newsletter from the Otsego Lake Association, passed around to members.
f.. A notice (filed) from the Town Zoning Board of Appeals (ZBA), advising that Wayne Bunn's application for an area variance was approved.
g.. A copy of a letter (filed) from the New York State Department of Health to The Inn at Hickory Grove, concerning possible violations to the Temporary Residence
facility rules.
Chairman Bass then moved on to applications.

AGENDA APPLICATIONS

Joe Siracusa - Site plan review, improvement to NYSHA fishing camp within 500 feet of Otsego Lake - 800 Lake Road, Cooperstown (#115.00-1-4.00)

Paul Lord read aloud the minutes of March 1 relevant to this application, and noted that a public hearing had been held today with no adverse comment. Joe Siracusa said there had been no changes to the application. Bill Deane confirmed that he had received the list of neighbors that the Board requested at the last meeting.

John Phillips moved to approve the site plan. Donna Borgstrom seconded the motion, there was no further discussion, and it was approved, 7-0. Chairman Bass stamped the site plan application "approved" and signed it.

K. Wayne Bunn - Site plan review, replacement of camp within 500 feet of Otsego Lake - 6739 State Highway 80 (#69.68-1-5.00)

Paul Lord read aloud the minutes of March 1 relevant to this application, and Chairman Bass read aloud the ZBA area variance approval notice mentioned earlier. Wayne Bunn displayed his drawings, and clarified that, while the perimeter of the building will be the same size as the one being replaced, it is not actually in the same footprint, as it will be moved 2½ feet closer to the center of the lot. Margaret McGown pointed out that, since it is less than 2,500 square feet (1,600), it does not have to be referred to the County Planning Board.

John Phillips moved to deem the application a Type II action under SEQRA, section 617-5 (C). Wes Ciampo seconded the motion, and it was approved, 7-0. Lin Vincent moved to approve the site plan. John Phillips seconded the motion, and it was approved, 7-0.

Bill Deane pointed out that the Board hadn't addressed the question of a public hearing. After discussion about the proper way to remedy this oversight, Lin Vincent moved to reconsider the site plan approval. John Stucin seconded the motion, and it was approved.

John Stucin moved to waive the public hearing for site plan approval, in view of the fact that the ZBA had held a public hearing on Bunn's area variance application three weeks earlier and no one from the public had attended. Paul Lord seconded the motion, and it was approved, 7-0. Lin Vincent again moved to approve the site plan as submitted. John Phillips seconded the motion, and it was approved, 7-0. Chairman Bass stamped the site plan application "approved" and signed it.

Joyce Clark - Major subdivision, Parslow Road (#97.00-1-3.01)

Paul Lord read aloud the minutes of March 1 relevant to this application. Joyce Clark showed the Board the list of items they had asked her provide, with hand-written notes and questions from surveyor Brian Carso. It was the consensus of the Board that Clark should ask Carso to contact Chairman Bass before the May 3 meeting, and clarify the list and questions. Clark will be put on the agenda for that meeting.

Michael Feinman - Sketch plan conference, expansion/repair of existing deck - 101 Lakeshore Drive, Cooperstown (#69.44-1-8.00)

Michael Feinman was present, along with his contractor, Marvin Zachow ("The Woodsmith"). Feinman described his proposed project, to repair and expand an existing deck, increasing its size from 12x16 to 12x21 feet. Bill Deane confirmed that Feinman is scheduled to go before the ZBA for an area variance on April 19.

Feinman said that the building is 122 feet from Otsego Lake, with a road and houses in between. Paul Lord explained the purpose of the Lakeshore District, and asked whether Feinman had considered the water run-off issue. Feinman said that he was open to landscaping ideas and suggestions from the Planning Board.

Feinman hopes to begin construction, taking about three weeks, in early May. He will cut no trees and install no lighting or signage. The Board reviewed the list of requirements in Section 8.04 on pages 32-33 of the Land Use Law. Engineer Hans deWaal had addressed most of these items with the application.

The Board asked Feinman to locate the water supply and septic system on the map, and to describe landscaping plans and temporary erosion control measures to be taken during construction. He will be put on the May 3 meeting agenda.

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

LaValley described his original plan to build a 48x96 foot storage barn on an empty lot on Keating Road. It was to be used for vehicles, personal belongings, and equipment for his sound system business. He had completed a wetland delineation application with the Department of Environmental Conservation (DEC) on November 29, 2004, and also contacted the Army Corps of engineers on that date. The following day, he was issued a Land Use permit by Zoning Enforcement Officer Jane Berry. On December 2, LaValley went to the Otsego County Codes Office and turned in his blueprints. He called Neal McManus afterward, asking if there were any problems and whether he could begin site work; he was told that that should be no problem, as long as he didn't start actual construction. LaValley's excavator began working on December 7, three days before he actually received the building permit. At this point, neighbor Bill Bowers began issuing complaints and inquiries to various organizations, and stop-work orders were issued by the County Codes Office and DEC. LaValley was issued an appearance ticket by the DEC, but it was dismissed in Town of Otsego Court at the recommendation of the DEC biologist, who had since inspected the site for wetland delineation. A subsequent letter from the Army Corps of Engineers indicated that they had no issue with the building site. On February 10, 2005, Bowers applied to the ZBA for an interpretation of the Land Use permit LaValley was issued. A public hearing was held by the ZBA on March 15. Bowers ultimately agreed to withdraw his application, provided that LaValley went through the site plan review process with the Planning Board. LaValley is thus applying for a service trade establishment special use permit, having reduced the proposed size to 40x80 feet, or 3,200 square feet. Less than 2,000 square feet of this space would be used for his business equipment.

The Planning Board reviewed the minutes (not yet approved) of the March 15 ZBA meeting. There was much opposition and discussion from neighbors during that meeting. They noted that the lot is in a residential/agricultural (RA-2) district, and that LaValley plans neither to live nor farm there. The timeliness (more than 62 days) of Bowers's application was also discussed, but it was agreed that dismissal on these grounds wouldn't solve the problem, as Bowers could file a complaint after the fact and wind up before the ZBA anyway.

The Board reviewed the definition of "Service Trade Establishment" on page 48 of the Land Use Law: "Construction, building trades or maintenance businesses, provided that only storage, light fabrication involving no more than 2000sq. ft. of floor area or five employees and office functions are conducted on the premises, and that those aspects of the occupation which exceed a home occupation in intensity of use are conducted off the premises."

Sal Furnari said that he interpreted that to mean that the portion of the building used for light fabrication could not exceed 2,000 square feet. LaValley said that any light fabrication that he did would require less than 2,000 square feet which, by Furnari's interpretation, made the building permissible. This triggered considerable discussion. Chairman Bass polled the Board members, and many of them agreed with Furnari's interpretation. However, John Stucin, who said he co-authored this definition several years ago, said that the intent was that the entire structure could not exceed 2,000 square feet. Margaret McGown was asked her interpretation, but she said it wasn't her job to interpret the Land Use Law. She and Chairman Bass said that it ultimately would be up to the ZBA to interpret the definition. All agreed that the definition is poorly worded, and ought to be corrected.

Lin Vincent moved that LaValley's application meets the current definition of service trade establishment. John Phillips seconded the motion and it was carried, 4-3, with Chairman Bass, John Stucin, and Donna Borgstrom opposed.

The Board reviewed the list of requirements in Section 8.04 on pages 32-33 of the Land Use Law. LaValley will need to provide most of these items, at which point the Planning Board will decide whether or not to waive the survey requirement. The Board also reviewed Section 4.01 on page 19, which refers to the Town of Otsego Flood Plain Law. It was the consensus of the Board that it will be up to the engineer to address this.

Chairman Bass pointed out that, since the building exceeds 2,500 square feet, it will require County Planning Board review. The Board asked LaValley about a foot-bridge he intends to install on the property. After hearing his description they advised him to take it off the site plan, as it is not related to the application.

Rudy Burkhart - Minor subdivision - 4017 St. Hwy. 80, Hartwick (#96.00-1-14.00)

No one appeared on behalf of this application. Chairman Bass asked Sal Furnari about the application, and asked him to check the pre-1987 maps relevant to the property. This may be a first lot split rather than a subdivision.

OTHER BUSINESS

With others giving input, Chairman Bass gave a report on the March 22 Community Leadership Conference. Several Planning Board members attended, and found it relevant and informative.

Chairman Bass gave a report on the March 24 meeting with the Army Corps of Engineers. He said it was a good, informative presentation, and well-attended.

The Board reviewed potential Land Use Law revisions. Paul Lord had drafted a recommended definition of the General Business-2 district, and recommended changes to the commercial storage rules. Chairman Bass had written up some recommendations on these issues as well. Following discussion, it was the consensus of the Board to have Paul Lord rewrite these.

Other Land Use Law issues were discussed. Chairman Bass showed a Land Use Map he had acquired from the County, which the Planning Board could use as a starting point for defining the various districts. Lin Vincent volunteered to draft revised language for the definition of a service trade establishment. Margaret McGown suggested removal of the words "in disapproving a site plan" from Section 8.06 on page 35. Chairman Bass noted that Town Board member Bill Michaels requests that the Planning Board revisit the language on health care facilities. The Board needs to locate their previous notes on this subject.

Paul Lord asked why Planning Board members were not included more in the Town Board's various committees, specifically the Comprehensive Plan Committee. He asked Chairman Bass to convey this concern to the Town Board.

Chairman Bass and Margaret McGown brought up the issue of subdivisions. According to Steve Childs of the County Office, a surveyed lot cannot be split without a new survey being done. McGown wondered whether the Planning Board is operating outside of New York state law in authorizing lot splits and subdivisions.

At 11:02 PM, Paul Lord moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk