Town of Otsego Planning Board
Minutes – April 1, 2008
PUBLIC HEARINGS
Edward Walker – Major subdivision – Browdy Mountain Road (#84.12-1-1.01)
Chairman Paul Lord opened the Edward Walker public hearing at 7:30 PM. Walker displayed his site plan on an easel and described his proposed subdivision for the audience. Lord asked whether anyone had questions or comments.
Carol Bradshaw Akin, owner of a neighboring property, expressed “major objection” to the project. She said the property is on one of the steepest areas around Otsego Lake, and the ground below is solid shale, the combination of which will create runoff problems. She expressed concern about access of emergency vehicles to the property, and noted that increased population in that area would create increased potential need for emergency services. She said that the well-water of homes below the subdivision could be contaminated by e-coli from the septic systems above it. And she said that many trees would have to be removed in constructing new houses, ruining the beauty of a pristine mountain.
Phil Holz, owner of a neighboring property, said he flew up from Raleigh, North Carolina for this hearing. He noted that, when the previous subdivision was approved circa 1994, the private road was deemed acceptable due to the low-density, family situation. He thinks that decision should be reviewed now that we are facing a higher-density, non-family situation. Holz said he wants to see the engineering plans for run-off, saying “Their run-off is our run-on.” He also expressed concerns about maneuvering equipment on the road and new home-owners cutting down trees for a better view of the Lake, causing erosion. He wants to see the environmental impact report and any variances which were granted.
Jim Tallman, Chief of the Cooperstown Fire Department, responded to Akin’s and Holz’s concerns about the road. Tallman said that the Department had never had any problem accessing the road, always finding it well-maintained.
Marilyn Bradshaw, owner of a neighboring property, echoed the concerns expressed by Akin and Holz, saying the project will change the character of the neighborhood. She urged the Board to revisit the 1994 road decision, and asked whether the Board had received responses to its coordinated review letters. Lord said they had not yet, but that the contacted parties had 30 days to respond, and a second public hearing would be scheduled after that.
John Stucin, Town taxpayer and former Planning Board member, said that he felt the road was inadequate when the Board okayed it in 1994, and thinks it will be even more so now.
Nathan Senz, future son-in-law of the applicant, said he has been visiting the property for five years, and foresees no problem with the subdivision, which will remain a family compound. He noted that the property was logged before Walker took custody of it, and probably has more trees now than it ever did, so tree removal should not be an issue now; and that potential septic issues would be addressed by code.
Chairman Lord read aloud letters (filed) from neighboring property owners M. Anne O’Connell and H. William Michaels, both expressing their full support of the application.
Lord noted that the Town Laws are written by the Town Board and only interpreted by the Planning Board, so anyone who disagrees with the Law should complain to the Town Board. That Board has ignored many recommendations made by the Planning Board over the past 18 months.
Applicant Ed Walker said that he respects the opinions of his neighbors. He said he is a landscape architect and certified planner who has given this his best effort, hiring an engineer, studying the Town’s Comprehensive Plan, and having perc tests done. He said the property has been in his family for almost 100 years and they have been good stewards. He said there was a good drainage system in place, and that anyone building on the lots will require an engineer and erosion control measures, due to the steep slopes.
With no further comments, Donna Borgstrom moved to close the public hearing. John Phillips seconded the motion and it was approved, 7-0.
Tony Gambino – Site plan review, special permitted use, automobile sales – 5438 State Highway 28 (#131.00-1-1.00)
Chairman Paul Lord opened the Tony Gambino public hearing at 8:06 PM, and asked whether anyone had comments or questions.
Jim Tallman, owner of a neighboring property, said that he has talked to other neighbors and they see nothing wrong with the proposed project. He said that owner Tony Gambino has improved the property in the past, and that two previous owners had used the property as an auto dealership.
With no further comments, Donna Borgstrom moved to close the public hearing. Doug Greene seconded the motion and it was approved, 7-0.
REGULAR MEETING
Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 8:08 PM. Roll call was taken by Planning Board Clerk Bill Deane. All members were present: Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Joe Galati, Doug Greene, and Steve Purcell. Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer John Stucin were also present.
Chairman Lord called a recess to consult privately with Attorney Ferrari. Lord reconvened the meeting at 8:20.
Chairman Lord said that future meetings would have “Agenda and conflicts review” as an agenda item. He distributed ethics certifications to be signed by each member and returned to the Town Clerk. Lord asked whether any member had a conflict involving any of tonight’s applicants, but no one responded. He passed around a memo from Joe Galati, explaining his connection with applicant Edward “Ned” Walker. It read:
“According to the local law, ‘Interest means a pecuniary or material benefit to a municipal officer or employee unless the contract otherwise requires.’ Since I have no ‘interest’ (no pecuniary or material benefit) from my relationship with Mr. Ned Walker, I am not even obligated to publicly disclose on the official record the nature of the agreement between Walker Planning and JAG & Associates, let alone recuse myself from Mr. Walker’s application. I make this disclosure as a courtesy to the public. Here are the facts: 1) I have an arm’s length agreement with Walker Planning. Mr. Walker is contracted by me; I pay him. He does not pay me; 2) I have no ‘interest’ in Ned Walker’s application before the Planning Board. I am not receiving nor have I received neither financial nor material benefits from Mr. Walker, directly or indirectly; 3) Mr. Walker’s application is in the Town of Otsego; my application is in the Village of Cooperstown. Since I have no interest, there can not be a conflict of interest.”
The Board referred to the minutes of March 4, 2008, mailed to the members. Chairman Lord recommended three corrections: In the first paragraph under the Walker application, “a financial” should be “an apparent financial”; in the fifth paragraph under the same application, “nearest working farm” should be “ag district”; and, in the second paragraph under the Gambino application, “based on input from the Department of State given to the Zoning Enforcement Officer” should be added at the end of the second sentence. Ciampo moved to approve the minutes as amended. Borgstrom seconded the motion and it was approved, 7-0.
Zoning Enforcement Officer Stucin distributed copies of his report for March-April. It included the Planning and Zoning Board agendas, and one complaint received. Stucin also said that it was clarified that he is empowered to issue permits for buildings on seasonal roads. Stucin said that the Albert Wingate sign has been fixed based on the Board’s ruling, but that the paperwork had not been completed.
Correspondence consisted only of a flier for a presentation, “Understanding Land and Title Surveys,” to be held in Syracuse on April 29; and the March/April 2008 issue of Rural Futures. Lord passed these around to the members.
With no further correspondence, the Board moved on to applications.
APPLICATIONS
Rudy Burkhart – Minor subdivision – 4017 State Highway 80 (#96.00-1-14.00)
This application was added to the agenda by the Chairman. Donna Borgstrom read aloud the minutes of February 12 relevant to the application. Applicant Rudy Burkhart distributed copies of his survey plat, which were examined by the Board.
Borgstrom reviewed Section 5.2 on page 17 of the Land Subdivision Regulations. The Board agreed that Burkhart had everything they needed. Zoning Enforcement Officer Stucin said Burkhart had paid his application fee.
John Phillips moved to deem the application complete, waiving the perc test for parcel #2, and schedule a public hearing for May 6. Steve Purcell seconded the motion and it was approved, 7-0.
Edward Walker – Major subdivision – Browdy Mountain Road (#84.12-1-1.01)
Chairman Lord said there would be no further discussion on the application at this point. He said he would have to notify the County Planning Board as part of coordinated review; the Department of Environmental Conservation (DEC) and the State Historic Preservation Office (SHPO) have already been notified.
Bill Deane pointed out that the application had been deemed complete on March 4, and by the date of the next meeting, more than 62 days will have elapsed. Applicant Edward Walker agreed to “stop the clock” on his application process, to allow time for the required process.
Tony Gambino – Site plan review, special permitted use, automobile sales – 5438 State Highway 28 (#131.00-1-1.00)
Chairman Lord left the meeting table to take a phone call, asking Vice Chairman Donna Borgstrom to take over. Borgstrom read aloud the minutes of March 4 relevant to the application. Applicant Tony Gambino said there had been no changes to the application.
John Phillips moved to approve the site plan and authorize the Chairman to sign the plat. Steve Purcell seconded the motion and it was approved, 6-0. Zoning Enforcement Officer Stucin advised Gambino to consult the Town’s sign laws before putting up any signs.
Doug Greene moved to approve the special permitted use for automobile sales. Joe Galati seconded the motion and it was approved, 6-0.
Gambino thanked the Board, Zoning Enforcement Officer, and Attorney for “making this as painless as possible.” Lord returned to the meeting table.
Jerry Miller – Site plan review, special permitted use, motel units in GB-2 district – 6635 State Highway 28 (#97.00-2-6.22)
Donna Borgstrom read aloud the minutes of February 12 relevant to the application. Applicant Jerry Miller submitted a site plan, photos, and a list of neighbors. He said he is still awaiting the SPDES permit.
Borgstrom said that she thinks this project constitutes a campground rather than a motel. Discussion ensued as the members consulted the definitions in the Land Use Law. A poll of the members showed that five thought it qualifies as a motel, Borgstrom thought it qualifies as a campground, and Wes Ciampo thought it qualifies as neither. The consensus was to proceed with the application as a motel, noting the need for clarification of the definitions in the Land Use Law.
The Board reviewed the site plan requirements in Section 8.04 on page 32 of the Land Use Law. They advised Miller he would need the following documentation:
· Survey.
· Power supply itemized.
· Traffic control signs (speed limit, vehicles sharing with pedestrians).
· DEC permit, due to disturbance of more than one acre.
· Department of Health permit.
Chairman Lord said that the County Planning Board would have to be notified after the application is deemed complete. Lord discussed the New York State Environmental Quality Review Act (SEQRA) process. He asked John Phillips to determine what type of action this qualifies as so the Board would be prepared to discuss it at the next meeting.
Miller asked to be put on the May 6 agenda, assuming he will have his SPDES permit by then. He said he would notify the clerk if he would not be attending.
SBA Towers – Site plan review, special permitted use, cell tower – State Highway 205 (#97.00-2-2.00)
Donna Borgstrom read aloud the minutes of March 4 relevant to the application. Doug Dimitroff and Amy McShane of Phillips Lytle LLP were present to represent SBA Tower Company; property owner Mark Rathbun was also present. Lord explained that Rathbun would either have to return for each meeting, or give a letter authorizing Dimitroff and McShane to represent him.
Dimitroff and McShane presented a supplement to their original application, addressing issues raised by the Board in March. The Board examined both packages, in addition to the Telecommunications Law, page 6, Section H(8). The consensus was that the proposed cell tower will be located not on the ridge, but on the side slope.
Dimitroff and McShane said that a representative from A,T&T could not be here tonight, but could better answer the question about consideration of alternate locations. They said the rep should be at the next meeting.
Chairman Lord said that the list of neighbors should be amended to include the uses of the properties. Lord also advised Dimitroff and McShane that he would be sending their packages to the Town Engineer for review, for which they would be billed.
Dimitroff and McShane will return for the May 6 meeting.
Randy Dean – Lot line adjustment – 6023 State Highway 80 (#99.00-1-6.02)
No one appeared on behalf of this application. Chairman Lord explained that one lot will be eliminated, and another lot line moved, under this proposed adjustment.
OTHER BUSINESS
Bill Deane explained that the sketch plan conference for a baseball camp in Chairman Lord’s neighborhood, listed on the mailed agendas, was an April Fool’s joke.
Chairman Lord suggested holding a workshop on proposed Land Use Law changes on April 22 at 7:30 PM. He advised Bill Deane that he should advertise the meeting and that his services would be needed for it. Lord asked that each member be assigned one topic for discussion, bringing a draft of recommended changes and rationale for these, as follows:
Definition of “Campground” – Donna Borgstrom.
Definition of “Private office” – John Phillips.
Definition of “Motel” – Wes Ciampo.
Definition of “Private road” – Doug Greene.
Definition of “Structure” (with regard to driveways) – Chairman Lord with input from Zoning Enforcement Officer Stucin.
Section 3.04 – Steve Purcell.
Section 7.02 (requirement of a land use permit before construction) – Chairman Lord.
Chairman Lord said that the Zoning Enforcement Officer needs a new computer system which can run the GIS. Joe Galati said he would look into this before giving a recommendation to the Town Supervisor.
John Phillips gave insights on telecommunications, gained from a conference he attended. Chairman Lord suggested he think about changes to the Land Use Law based on his new knowledge. Phillips remarked that Planning Board members ought to have business cards to pass out at conferences such as this.
John Phillips reintroduced the subject of public hearings brought up by Bill Deane last month. After discussion, the consensus of the Board was to adopt the following policy: If an applicant fails to appear for his own public hearing, he does so at his own peril. The public hearing will be held. If there is no interest expressed by the public, the Board will proceed with the application/decision process. If there is interest from the public, the Board may either proceed with the application/decision process, or adjourn the hearing (i.e., leave it open) until the following month’s meeting. Attorney Ferrari will check on how this policy will be affected by the 62-day “clock” rule.
Bill Deane discussed the May 6, 2008 agenda. Returning applicants will include Rudy Burkhart (public hearing), Edward Walker, Jerry Miller, and SBA Towers. Zoning Enforcement Officer Stucin said that Harrison Hummel, who is on the Zoning Board agenda this month, will probably be ready for the Planning Board in May. Stucin said that he expected Randy Dean back as well.
With no further business, at 10:45, Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk