Minutes - May 4, 2004

Present for the monthly Town of Otsego Planning Board meeting were all seven Board members: Jonathan Bass (chairman), Paul Lord (vice chairman), John Phillips, John Stucin, Wes Ciampo, Lin Vincent, and Donna Borgstrom. Also present were Town Attorney Margaret McGown and Planning Board clerk Bill Deane. Chairman Bass called the public hearing to order at 7:30 PM.

PUBLIC HEARING

Jerry & Cindy Miller - Site plan modification, 6635 St. Hwy. 28, Hartwick (97.00-2-6.02)

Jerry Miller briefly described his proposed project, with a plat to illustrate it on display. There were no comments or questions from the public. John Phillips made a motion to close the public hearing; the motion was seconded by Paul Lord and carried.

REGULAR MEETING

Chairman Bass called the regular meeting to order at 7:31 PM. He introduced new Board member Donna Borgstrom, appointed by the Town Board on April 23 to fill the vacancy left by Eric Lindroth's resignation. The Board reviewed the minutes from the April 6 meeting, prepared by Bill Deane and reviewed by Bass. Lin Vincent asked that the minutes be corrected to reflect that she had indeed given notice for three of the four meetings she had missed. Paul Lord moved to accept the minutes as amended; the motion was seconded by John Phillips and carried unanimously.

Chairman Bass reviewed correspondence received since the last meeting:

A letter from the New York State Office of Parks, Recreation and Historic Preservation, informing the Town that the Fly Creek Grange building has been listed on the National Register of Historic Places. Chairman Bass asked Bill Deane to file this (done).

A notice from the Office of the County Clerk regarding the subdivision plat of Lise V. Harrell to be conveyed to Cozata K. Solloway, filed April 26, 2004 (#5205). Chairman Bass asked Bill Deane to file this (done).

A notice from the County Planning Board (file #24-04-01), acknowledging delivery of the referral for the Margaret Clark subdivision application on March 29, 2004, and official receipt on May 6.

Chairman Bass and Margaret McGown reported on the status of the vacancy left by the resignation of Ed Olsen, the Town's Codes Enforcement/Zoning Officer. The Town's codes enforcement (including building permits) has been turned over to Otsego County, and the Town Board has interviewed applicants for the Zoning Officer position, while it handles those responsibilities in the interim. John Phillips raised questions about the status of pending applications that had been started during Olsen's tenure.

With no further reports or correspondence, Chairman Bass moved on to agenda applications.

AGENDA APPLICATIONS

David & Ellen Poulette - Retail store site plan modification - Cooperstown Natural Foods, Linden Ave. (#131.00-1-21.00 & 131.00-1-22.00)

David Poulette spoke about the modification to the site plan previously approved by the Planning Board. Due to dust problems, instead of a gravel parking lot, he proposes to partially pave the lot, installing a 5,500-square-foot section of blacktop. Chairman Bass referred to Section 2.06 on page 13 of the Land Use Law, pointing out that the Board has discretion on what would or would not be required for such a modification. John Phillips moved to waive the site plan review and grant the modification. The motion was seconded by Paul Lord and carried.

Margaret Clark - Major subdivision - Tripp Hill Rd. (#83.00-1-12.01)

Chairman Bass referred to the previously-mentioned correspondence on this subject. Mark DeLor, representing Margaret Clark, noted that the Planning Board had deferred a decision on this matter until a decision from the County Planning Board, which was expected by this date. Per General Municipal Rule #239(M), the County had 30 days from receipt of referral for the subdivision application to make a ruling; absent such decision, the Planning Board can make its own ruling. The application was delivered on March 29, 2004, but no decision has yet been made. Paul Lord read the relevant section of the Planning Board minutes of April 6, reviewing the details of this subdivision. Mr. DeLor submitted a list of deed restrictions (filed) accompanying the subdivision, and a check for $1,225 (delivered to the Town Clerk) covering the $175 fee for each of the seven parcels, excluding the house parcel.

John Stucin moved to grant the preliminary approval for subdivision; the motion was seconded by Wes Ciampo and carried. Paul Lord then moved to grant the final approval for subdivision; the motion was seconded by John Phillips and carried. Mr. DeLor will deliver the Mylar for Chairman Bass to sign so it can be filed with the County.

Mary Winne - Minor division of property - 106 Johnston Rd. (#114.00-1-12.01)

Mary Winne described the proposed subdivision of a 43-acre parcel into two lots of 36 and seven acres, respectively. Paul Lord read the relevant section of previous Planning Board minutes, reviewing the details of this subdivision. Ms. Winne submitted a percolation test, and a check for $25 (delivered to the Town Clerk) to cover the balance owed on the $175 fee.

Margaret McGown pointed out that the Board has to determine what type of action this is classified as. After consulting the Otsego County State Environmental Quality Review Act (SEQRA) Handbook, the Board reached a consensus that it was an Unlisted Action, qualifying for the short Environment Assessment Form (EAF). With the Board's participation, Chairman Bass completed the form. John Stucin moved that the Board provide a negative declaration and authorize the Chairman to sign the EAF. John Phillips seconded the motion, it was carried, and Chairman Bass signed the EAF. Phillips moved to deem the application complete and schedule a public hearing for June 2. Wes Ciampo seconded the motion and it was carried

Phillip T. Eastman - Site plan review, construction within 500' of Otsego Lake - 106 Lakeshore Drive (#69.44-1-31.00 & 69.44-1-10.00)

Paul Lord read the relevant section of the march 2 Planning Board minutes, reviewing the details of this project. Bill Deane read the minutes of the April 20 Zoning Board of Appeals (ZBA) meeting, which included a public hearing on this proposed project, and the approval of the area variances application. Phillip Eastman discussed his landscaping plans for the project, designed to mitigate run-off, and made after consultation with various experts. Chairman Bass reminded the Board that they had classified this as a Type II action.

Paul Lord moved that, in light of the lack of negative input during the ZBA's public hearing, the Planning Board deem the application complete and waive the public hearing. John Phillips seconded the motion and it was carried. Wes Ciampo moved that the Board approve the site plan review. The motion was seconded by Phillips and, following an opportunity for discussion, all voted in favor. Chairman Bass stamped the application "APPROVED" and signed it. Mr. Eastman will next have to go to the Town Board and the County Codes Office for necessary zoning and building permits.

Frank M. Traglia - Site plan review, addition to existing structure - 2103 Cty. Hwy. 22, Richfield Springs (#52.08-1-1.00)

Paul Lord read the relevant section of the March 2 Planning Board minutes, reviewing the details of this project. Lord expressed concerns about the watershed implications. Frank Traglia said that he had met with engineer Hans DeWaal on this subject, and showed relevant photographs. John Phillips moved to classify this as a Type II action, with no further environmental review required. John Stucin seconded the motion, and it was carried. Bill Deane read the minutes of the April 20 ZBA meeting, during which the application for this proposed project was on the agenda, and it was decided that no ZBA variance or Public Hearing would be necessary for the vertical extension of the deck. Mr. Traglia submitted letters from each of his neighbors who, according to him, are all agreeable to the project. In light of this, John Phillips moved to waive the public hearing. Paul Lord disagreed and, with no second to the motion, it failed. Lord moved to deem the application complete and schedule a public hearing for June 2. John Stucin seconded the motion and it was carried

Jerry & Cindy Miller - Site plan review, modification and additional specially-permitted recreational use - Jerry's Place, 6635 St. Hwy. 28, Hartwick (#97.00-2-6.02)

Paul Lord read the relevant section of the April 6 Planning Board minutes, reviewing the details of this project. Chairman Bass clarified that this constitutes two separate applications: modification of a previously-approved site plan, and another specially-permitted use. Jerry Miller submitted plans stamped by Bruce Van Holtz of the New York State Department of Health on April 16. John Phillips moved to approve the modification of the site plan. Lord seconded the motion, and it was carried. Lord moved to grant the additional specially-permitted recreational use. Phillips seconded the motion, and it was carried. The Planning Board will mail a formal approval letter to Mr. Miller.

Nettie Jean Scarzafava - Sketch plan conference, replacement of residence within 100 feet of Otsego Lake - St. Hwy. 80 (#69.60-1-17.00)

Paul Lord read the relevant section of the April 6 Planning Board minutes, reviewing the details of this project. Bill Deane read the minutes of the April 20 ZBA meeting, which included a public hearing on this proposed project, and the approval of the area variances application. Elizabeth Davidson, architect for the project, reviewed the plans, submitting photos and discussing issues such as drainage and septic system. The consensus of the Board was that it would have to see further developments, including input from engineers, before making any decision.

Charles McKay - Site plan review, construction within 500 feet of Canadarago Lake - 2183 Cty. Hwy. 22 (#38.20-1-4.02)

Charles McKay explained his proposed project, which includes construction of a sun room addition above an existing deck, and a paved driveway. He submitted preliminary building plans and a survey for the project, which he said was more than 100 feet from the Lake, though that was called into question. The Board, citing requirements from Sections 8.04 on page 37-38 of the Land Use Law, advised Mr. McKay that he would need considerably more documentation, including a list of neighbors within 200 feet, and itemization of topographic contours, before going to Public Hearing. Also cited were the rule from Section 4.04 on page 23 and definitions of "driveway" and "structure" on pages 50 and 54. Mr. McKay was advised that he would also have to go back before the Town Board, and he expressed frustration over the length and difficulty of the approval process.