Town of Otsego Planning Board

Minutes - April 4, 2006

PUBLIC HEARINGS

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

Chairman Jonathan Bass called the public hearings to order at 7:33 PM. Mark LaValley displayed his site plan on an easel and gave a brief description of his business and his proposed 40x80' building. Bass asked if anyone from the public had any comments or questions.

Thomas Fucillo, attorney for Jim McNulty of Keating Road, asked whether LaValley had a SPDES permit. Engineer Hans deWaal replied that one was not needed unless at least 1,000 gallons per day of water were being used. Fucillo commented that the proposed building is on a residential road and neighborhood, within McNulty's sight-line. Fucillo noted the three recent changes to the application (addition of rafters, addition of fill, relocation of driveway), and said that the Board should treat it as a brand new application. He asked that the Board deny it based on the revised definition of "service trade establishment" in the Land Use Law.

Paul Lord replied the Board had treated it as a new application as of their March meeting, and had based their actions on the current definition of "service trade establishment."

Fucillo continued, saying that approval of this project would set a dangerous precedent. He noted that LaValley neither lives nor farms at the site, and remarked that he had simply found an inexpensive property on which to conduct a commercial enterprise. Fucillo said that the square footage exceeds the Land Use Law requirements for home occupations/service trade establishments; that the project doesn't meet the criteria of these definitions; that it is not harmonious with the residential-agricultural (RA-2) district in which it will be situated; that it will impair the values of neighboring homes; and that approving it would open the Town to legal challenges now and in the future.

Charles Schelling of Keating Road agreed with Fucillo's sentiments. Schelling said he had moved here from Long Island because of the rural atmosphere, and doesn't want a business in his neighborhood. Lord noted that the Planning Board enforces the Land Use Law as it exists, and people who disagree with the law should talk to the Town Board about changing it.

Bass read aloud correspondence received on the subject. One was a 4/4 letter from Bill and Evelyn Keating, which said the project is a commercial enterprise which will forever change the rural area. They also expressed concerns about potential flooding at the site.

A letter from David Huber said that he is opposed to the project. He doesn't believe it is allowable under the Land Use Law, and also expressed concerns about the leech field and perc tests.

An e-mail from William and Eileen Bowers, abutting neighbors, said that they have nothing personal against LaValley, but they are adamantly opposed to the project. They believe it conflicts with Sections 2.02, 4.01, 4.02, 4.03, 7.02, and 8.02 of the Land Use Law. They said that the project has far-reaching implications, is out of character with the neighborhood, and creates environmental concerns.

A notification letter from the Town to neighbor William Curry was returned, "unable to forward." All correspondence was filed.

With no further comments or correspondence, Donna Borgstrom moved to close the public hearing. Lord seconded the motion and it was approved, 5-0.

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)

Engineer Hans deWaal submitted letters from several of Stabile's neighbors. Chairman Bass read them aloud:

a.. David Summer Svahn wrote that he had no objections to the project.
b.. Deborah Creedon wrote that she was in favor of it.
c.. Arthur Chiarotto wrote that he was in favor of the project, that the Stabiles were good neighbors, and that they should be allowed to do what they want with their
property.
d.. Frank Dominell wrote that he had no problem with the project, and that it would beautify the neighborhood.
e.. Mark Capozucco wrote that he supports the project, that it would enhance the neighborhood, and that the Stabiles were good neighbors.
Bass read aloud a letter from immediate neighbor Roy Ackman, protesting the project because it blocks part of his view of Otsego Lake. Ackman also expressed concerns about a septic system shared by him and Stabile.

Bass also noted that a notification letter from the Town to neighbors Pamela and Richard Scurry was returned, "unable to forward." All letters were filed.

With no further comments or correspondence, Paul Lord moved to close the public hearing. Donna Borgstrom 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 8:06 PM. Board members present were Bass, Paul Lord (Vice Chairman), John Stucin (who arrived during the LaValley public hearing), Donna Borgstrom, and Wes Ciampo. Also present were Planning Board Attorney Margaret McGown, Zoning Enforcement Officer Mike Miller, and Planning Board clerk Bill Deane. Board members John Phillips and Lin Vincent were absent.

The Board referred to the minutes of the March 7, 2006 meeting, mailed to the members. Paul Lord noted that on page 4, "other business," paragraph 4, "Friends of
Pierstown" should be "Preserve Our Pierstown." John Stucin moved to accept the minutes as amended. Donna Borgstrom seconded the motion and it was approved, 5-0.

Chairman Bass introduced and welcomed new Zoning Enforcement Officer Mike Miller. Miller told a little bit about his background and what he had been doing
since starting the job on March 15. He said he would be in the office on Mondays from 8-10 AM and Wednesdays from 6-8 PM. He would also be available by appointment, and make site visits on Saturdays.

Chairman Bass reviewed correspondence received since the last meeting:

a.. The March 8 Environmental Notice Bulletin, including notice of the negative declaration on the Randy Dean subdivision. Bass asked Bill Deane to file this.
b.. A 3/14 "Acknowledgement of Receipt of Referral" of the LaValley application, from the Otsego County Planning Department. Bass asked Deane to file this.
c.. A 3/9 notice from the Otsego County Clerk, regarding the filing of the Shirley Swing subdivision plat. Bass asked Deane to file this.
d.. A 3/10 letter from Attorney Timothy Johnson, with a copy of the quit claim consolidation deed for Peter J. Cullum. Bass asked Deane to file this.
e.. An e-mail from the Preserve Our Pierstown organization, inviting the Planning Board to their meeting on April 13. Copies were distributed to the members. Deane was asked to coordinate with the Town Clerk about advertising this meeting.
f.. A 3/29 letter from the New York State Office of Parks, Recreation and Historic Preservation, regarding the Randy Dean subdivision. They found that the project would have no adverse impact, but offered some recommendations to the applicant. Bass asked Deane to file this, and send a copy of the notice to Dean.
g.. The latest Biological Field Station Reporter newsletter, passed around to members.
h.. A letter from Wayne Bunn, informing the Board about a June 17 meeting of the Otsego Lake Association.
i.. A copy of Shirley Swing's subdivision mylar. Bass asked Deane to file this.
j.. The Winter, 2006 issue of Planning News, passed around to members.
Bill Deane said that Carol Harter had phoned him, saying that she was not planning to pursue the first lot split, which the Board conditionally approved during the March
meeting, at this time. Paul Lord said that the Board should consider imposing a time limit when giving such conditional approvals.

The Board moved on to applications.

APPLICATIONS

David Bertram - Lot line adjustment - Pierstown Road (#99.00-1-2.00)

Attorney McGown said that the Cullum/Bertram survey and deed problems persist, and the Planning Board cannot fix them. This is a matter for the property
owners' attorneys. David Bertram was given a lot line form and asked to let the Board know when he was ready to proceed on this application.

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

Paul Lord read aloud the March 7 minutes relevant to this application. Lord also reviewed the definition of "service trade establishment" in the Land Use Law. The consensus of the Board was that the 2,000-square foot limit specified in this definition referred only to the area used for light fabrication; Attorney McGown agreed. Lord asked McGown to review the LaValley file with this definition and other Land Use Law issues in mind.

Mark LaValley responded to some of the complaints expressed during the public hearing. LaValley said that the building is designed to look like a barn, and it will have no business sign, thus that it will appear similar to neighbors' buildings and not change the neighborhood. Engineer Hans deWaal noted that the County would deal with any size issue.

Chairman Bass referred to Section 8.05 on page 34 of the Land Use Law, and said the Board will need to consider this carefully when voting on the application. Bass said that he didn't think this project would set any precedent, as there are already service trade establishments in the district. John Stucin noted that there used to be a junkyard on Keating Road.

This application will be put on the May agenda, by which time the County Planning Board should have reviewed it and reported back to the Town Planning Board.

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

Paul Lord read aloud the March 7 minutes relevant to this application. Engineer Hans deWaal said there had been no changes to the application. The Board reviewed the documents on file. Wes Ciampo asked some questions about the application, since he had missed the last meeting. He expressed satisfaction with Bass's answers.

Lord said that he was concerned about the neighbor whose view of Otsego Lake would be obstructed by this project. deWaal pointed out that the construction was 98 feet from the front line, well within the Land Use Law requirement.

Chairman Bass asked for a motion to approve the site plan, but no one responded.

Lord moved to deny the site plan, due to the expressed concerns of a neighbor. With no second, the motion failed, and Bass again asked for a motion to approve the site plan.

John Stucin moved to approve the site plan, and Bass seconded the motion. Bill Deane reminded the Board that, even though only five of the seven members were present, four votes were necessary to approve any motion. A vote was taken, resulting in a 3-1 margin in favor, with Lord opposed and Ciampo abstaining. Ciampo said he wasn't familiar enough with the application to vote. The motion failed for not having the necessary four votes.

Deane reminded the Board that he sent out copies of this application to them in February, and put the physical address and tax map numbers on all documents mailed to the Board, in case anyone wanted to visit the property.

Bass told deWaal that Stabile would have to reapply.

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

No one appeared on behalf of this application.

Sal Furnari - Lot line adjustment - Stone House Road (#98.00-1-38.00, -39.00, -42.00)

Sal Furnari was at the December 6, 2005 meeting, during which his lot line adjustment was approved contingent on Attorney McGown's approval of the deeds. Furnari now has a revised lot line adjustment. He submitted a survey map and explained the changes to the Board. Furnari was asked to complete the new lot line adjustment form and pay the $30 fee.

Paul Lord moved to approve the revised lot line adjustment and authorize the chairman to stamp and sign the survey map, contingent on McGown's approval of the deeds. Donna Borgstrom seconded the motion and it was approved, 5-0.

Joan Brady (Hans deWaal) - Site plan review, addition of bedroom above existing sun-room within 100 feet of Canadarago Lake - 159 Marble Road (#52.10-1-1.00)

Engineer Hans deWaal submitted drawings, photos, neighbors' addresses, and a sewage plan. There is no change to the footprint of the building. deWaal also submitted a $25 check in payment of the site plan application fee. The Board looked over the documents, and Chairman Bass reviewed the site plan requirements.

Paul Lord moved to deem this a Type II application under the New York State Environmental Quality Review Act (SEQRA), requiring no further review, as it represents a simple expansion of a residential building. Wes Ciampo seconded the motion and it was approved, 5-0.

Lord moved to deem the application complete and schedule a public hearing for May 2. Donna Borgstrom seconded the motion and it was approved, 5-0.

David Nash (Hans deWaal) - Site plan review, expansion of structure within 100 feet of Canadarago Lake - 2131 County Highway 22 (#38.20-1-18.00)

Engineer Hans deWaal submitted a letter of authorization, drawings, and photos of the existing building and proposed addition. deWaal also submitted a $25 check in payment of the site plan application fee.

Chairman Bass read aloud the variance approval notice from the Zoning Board of Appeals (ZBA). Planning Board members said that it did not adequately address Land Use Law Section 4.04 (lakeshore protection). Paul Lord noted that a ZBA variance forces the Planning Board only to consider an application, not necessarily approve it. Lord asked that it be communicated to the ZBA that they should specifically note an increase in footprint in their approval notices for construction within 100 feet of the Lake.

Bill Deane noted that a public hearing had been held by the ZBA on March 21, but no one from the public had appeared. deWaal had also submitted letters of support from all three neighbors.

Donna Borgstrom moved to deem this a Type II application, requiring no further review. Wes Ciampo seconded the motion and it was approved, 5-0.

Borgstrom moved to deem the application complete and schedule a public hearing for May 2. Lord seconded the motion and it was approved, 5-0.

Troy Brissard - Site plan review, special permitted use, Fly Creek Friesians - County Highway 26 (#82.00-2-7.00)

John Stucin, a former owner of the property, recused himself from the proceedings on this application and went to the public seating area. Paul Lord read aloud the December 6, 2005 minutes relevant to this application, including the Board's request for a survey.

Troy Brissard said that Board members had recommended that he model his application after a package submitted by Nick Kartalis in October, 2001. Brissard said he looked through the file and noticed that Kartalis had not submitted a new survey. Brissard submitted an aerial photo of the property with details drawn in. He asked that in lieu of this, his survey requirement be waived, due to time and expense considerations. However, it was the consensus of the Board to require Brissard to submit a survey, as previously requested. Chairman Bass said that an old survey may be sufficient.

Donna Borgstrom asked whether any neighbors had expressed concerns about the project, and Brissard said none had. Wes Ciampo asked whether Brissard had a copy of the deed, but he said he did not have it with him.

Brissard asked to be put on the May agenda, and said he would notify the Zoning Enforcement Officer if he was not ready at that time.

Jerry Miller - Lot line adjustment - 6635 State Highway 28, Hartwick (#97.00-2-6.02)

Bill Deane reported that Jerry Miller had asked to be removed from tonight's agenda.

Chairman Bass reported that the Memorandum of Understanding (MOU) between the Town of Otsego and the Watershed Supervisory Committee has passed through the County, and the Town Board would be acting on it at their April 12 meeting. In the meantime, Lamont Engineers has submitted the first site plan for a septic system replacement along Otsego Lake, and Win McIntyre of the Watershed Supervisory Committee (WSC) has written about two proposed new below-ground septic systems. Hans deWaal remained on hand to answer questions about there. Bass wondered whether the Board could act on these contingent on the Town Board's approval of the MOU. Attorney McGown said she saw no problem with that. She said that, after the MOU was approved by the Town Board, the Town Attorney and Town Clerk would have to file it with the Department of State.

Silvernail-Pondolfino - Septic system replacement in Otsego lakeshore protection area (#69.60-1-21.00 & -24.00

Jon McManus of Lamont Engineers explained this project and submitted a detailed site plan. The Board examined the drawings. Paul Lord asked that future plans be clear about what part of the projects are above ground, as those are the only parts of particular interest to the Board. They trust the judgment of the Watershed Supervisory Committee in the other aspects of the systems. McManus invited Board members to examine this project while in progress or when complete.

Donna Borgstrom moved to determine that this project does not require further Planning Board review, contingent on the Town Board adopting the MOU into the Land Use Law, and filing it with the Department of State. Lord seconded the motion and it was approved, 5-0.

Svahn Camp - Septic system replacement in Otsego lakeshore protection area (#69.60-1-14.00)

The Board considered this application, which includes only below-ground construction. Wes Ciampo moved to determine that this project does not require further Planning Board review, contingent on the Town Board adopting the MOU into the Land Use Law, and filing it with the Department of State. Donna Borgstrom seconded the motion and it was approved, 5-0.

Giles Hamlin - Septic system replacement in Otsego lakeshore protection area (#84.08-1-28.00)

The Board considered this application, which includes only below-ground construction. John Stucin moved to determine that this project does not require further Planning Board review, contingent on the Town Board adopting the MOU into the Land Use Law, and filing it with the Department of State. Donna Borgstrom seconded the motion and it was approved, 5-0.

OTHER BUSINESS

Chairman Bass said that Brian Clancy had been in contact with the Board, saying that the Village of Cooperstown wants to expand and upgrade the existing pavilion within 100 feet of Otsego Lake at Three-Mile Point. Bass wondered whether the Planning Board should do a courtesy review, as they had with certain County-owned properties in the Town. Attorney McGown said that the Board should be consistent and require site plan review. It was noted that they would also need a ZBA variance. Paul Lord recalled that a similar proposal had been rejected by the Planning Board in the 1980s.

The Board discussed the Planning Board checklist drafted by Attorney McGown. Zoning Enforcement Officer Miller said that he had been using it, but had no recommendations for changes as yet.

Zoning Enforcement Officer Miller asked Board members about some specific applications and questions he had received. The Board gave him general advice on each one, and specifically, by consensus, gave him authority to advise people on erosion control procedures in situations such as the properties along Otsego Lake which had recently burnt down.

Chairman Bass said that he had attended the Comprehensive Plan meeting for Pierstown and Fly Creek residents. He said that a question about subdivisions had resurfaced: should the Planning Board be enforcing deed covenants, e.g., "no further subdivision"? Attorney McGown said that the Planning Board cannot enforce a private covenant, as it is a civil matter.

With no further business, at 10:25 Donna Borgstrom moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk