Town of Otsego Planning Board

Minutes - April 10, 2007

PUBLIC HEARING

Village of Cooperstown (Susan Snell) - Site plan review, expansion of pavilion within 100 feet of Otsego Lake - 6266 State Highway 80 (#84.00-1-26.00)

Chairman Paul Lord called the public hearing to order at 7:33 PM, and asked if anyone from the public had any comments or questions about the Village of Cooperstown application, but no one responded. Bill Deane noted that the Town's notification letter to neighbor Dorothy Rudkin had been returned to sender, "insufficient address." Donna Borgstrom moved to close the public hearing. John Stucin seconded the motion and it was approved, 5-0.

REGULAR MEETING

Chairman Paul Lord called the regular meeting to order at 7:34 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, Donna Borgstrom (Vice-Chairman), John Stucin, John Phillips, Joe Galati, Doug Greene, and Wes Ciampo (Ciampo arrived at 7:36, after the first two votes). John Phillips was absent. Also present were Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer Mike Miller.

The Board referred to the minutes of March 6, 2007, mailed to the members. Borgstrom moved to approve them as mailed. Stucin seconded the motion and it was approved, 5-0.

Zoning Enforcement Officer Miller distributed copies of his report (filed) for March. It showed two land use permits issued in that month. It also discussed a complaint about the Inn at Blue Mingo, which advertised services not covered by the special permitted use it was granted in 2001. Miller noted that the County Real Property Office can provide an up-to-date list of neighbors within 200 feet of any Town property at no charge. Miller also distributed an updated version of the land use permit application, asking members to look it over and give him input at the next meeting. Borgstrom moved to accept the report. Greene seconded the motion and it was approved, 6-0.

Chairman Lord reviewed correspondence received since the last meeting:

a.. A letter (filed) from the New York State Department of Environmental Conservation (DEC), saying that they had "no further comments" on the Village of Cooperstown application.
b.. A letter (filed) from Rosemary Nichols, with information pertinent to the Myles & Caroline Connell lot line adjustment approved last month.
c.. A six-page, rambling letter (filed in "general correspondence") from Otsego County Correctional Facility inmate L. A. Mallette, regarding what he perceives as corruption in local government.
d.. The Winter 2007 edition of the Biological Field Station Reporter, passed around to members.
e.. A letter (filed) from the Schlather & Birch law firm, with a $525 check (delivered to the Town Clerk) in payment for the Ubner subdivision fee.
f.. The Town's notification letter (filed) to Gauss about the March 6 Kantor public hearing, returned to sender, "attempted, not known."
g.. A notice (filed) from the County Clerk's Office, regarding the filing of the Ubner subdivision plat on March 15, 2007.
h.. A notice (filed) from the County Clerk's Office, regarding the filing of the Ostrander subdivision plat on March 26, 2007. Since no one present recalled this coming before the Board, it was speculated that this was sent to them by mistake. Chairman Lord said he would check with the Clerk's Office.
i.. A flier (passed around) about a June 15 program in Syracuse, entitled "Economic Development Incentives in New York."
j.. Copies of the Winter 2007 edition of the New York Planning Federation's Planning News, distributed to members.

The Board moved on to applications.

 

Village of Cooperstown (Susan Snell) - Site plan review, expansion of pavilion within 100 feet of Otsego Lake - 6266 State Highway 80 (#84.00-1-26.00)

Donna Borgstrom read aloud the minutes of March 6 relevant to this application. Chairman Lord asked if the public hearing had been advertised, and Bill Deane said that it was (in the Daily Star, CoopersTown Crier, and Freeman's Journal). Lord noted that the Army Corps of Engineers had not responded to the Board's letter of intent to serve as lead agency; the letters from the State Historic Preservation Office (SHPO) and DEC were reviewed.

Lord went back through the full environmental assessment form (EAF) and completed the Planning Board section with member input. He asked architect Susan Snell whether she had planned anything to ensure that the stream would not impact the ramp. Snell said that this was not a concern, as the stream is safely below the bridge. Borgstrom moved to declare a negative declaration and authorize the chairman to sign the EAF. Doug Greene seconded the motion, it was approved, 6-0, and Lord signed the form.

Borgstrom commented that she had attended an instructional program on State Environmental Quality Review (SEQR), and learned that negative declarations usually require very detailed reasoning. She did not feel that this was an issue in the current application. At John Stucin's request, Borgstrom read aloud the minutes of February 6 relevant to this application.

Stucin moved to approve the site plan as submitted. Borgstrom seconded the motion and it was approved, 6-0. Lord stamped the site plan "approved" and signed it.

Bruce & Caroline Harter - Sketch plan conference, minor subdivision - 1816 Cty. Hwy. 26 (#68.00-1-25.03)

Donna Borgstrom explained that the applicants had spoken to her and Zoning Enforcement Officer Miller before the meeting started. It turned out that this was not a minor subdivision, but the same first lot split they had brought before the Board on March 7, 2006. At the time, the Board had approved the split, effective on the date the Harters submitted a survey of the new parcel and the chairman had signed it. The Harters had never followed through on this, and still do not have the survey. They were advised to return at a later date with the survey.

Kurt Ofer - Sketch plan conference, various proposed projects involving NYSHA and Farmers' Museum

Kurt Ofer discussed potential projects involving NYSHA properties, most of which would require planning Board review: interior upgrade of the Fenimore Art Museum information kiosk; HVAC upgrade of the Cooper Room (gallery); a phased project involving the Main Barn, with a potential start in 2007; work on the Creamery, with a possible start in 2007; repaving of, new drainage of, and some light standards in the Farmers' Museum parking lot, slated for 2008; and Iroquois Cabin relocation, possibly slated for 2008 or '09.

Ofer distributed information packets concerning their most immediate project: Native American fishing camp access path, slated for 2007. It included the site plan, the SEQR short form, and the land use application. Ofer said there was no government money involved in the project.

After discussion, the consensus of the Board was that NYSHA would need a variance from Land Use Law Section 4.04 due to construction (raised walkway) within 100 feet of Otsego Lake, unless they could document that the new path was an in-kind replacement of a previous path. The signs would be exempt, per Land Use Law Section 5.05 (2).

Ofer said he would probably apply for a variance through the Zoning Board of Appeals (ZBA), before returning before the Planning Board.

 

Joe Galati - Sketch plan conference, major subdivision - Christian Hill Road (#113.00-1-66.01)

Joe Galati moved to the public side of the meeting table. Donna Borgstrom read aloud the minutes of March 6 relevant to this application. Galati asked if there was any news on the Comprehensive Plan Committee's recommendation that the Town Board eliminate the "Donovan Spec" driveway requirements in the Land Use Law, but Chairman Lord said there was not. Galati returned to the meeting table.

OTHER BUSINESS

Wes Ciampo said he had done some research on the word "structure," and the consensus of sources was that it is a synonym for "building." Other members pointed out that the Land Use Law had its own definition. Zoning Enforcement Officer Miller reminded the Board of the ZBA case which started this discussion last fall. Donna Borgstrom said that she would do further work on this subject and report back.

Chairman Lord distributed copies of his draft on proposed new special permitted uses and definitions regarding "heirloom barns, mills, and residences." The purpose is to encourage preservation of old barn-like structures. Discussion ensued.

Nobody tried the proposed Planning Board checklist on the Farmer's Museum application, so it will be tried during a future application.

Chairman Lord said that the issue of neighbors' addresses for public hearing notices had been discussed during the March 20 Planning Board workshop. He recommends sending applicants to the County Real Property Office, as suggested by Zoning Enforcement Officer Miller during his monthly report.

Chairman Lord said that the Comprehensive Plan Committee had not met in the past two weeks. They are awaiting the Town Attorney's input on the draft document, then will schedule a public hearing.

Chairman Lord reminded the members about the April 24 Planning Board workshop regarding phosphorous removal technologies. In attendance will be representatives from the Watershed Committee, LaMont Engineers, and the Biological Field Station.

Bill Deane said there were no applications for the May 1 agenda as of now. Donna Borgstrom said she would not be at that meeting.

Wes Ciampo asked a question about windmills on private property. Discussion followed.

At 9:46, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk