Minutes - May 3, 2005

REGULAR MEETING

Chairman Bass called the monthly Town of Otsego Planning Board meeting to order at 7:32 PM. All Board members were ultimately present: Bass, Paul Lord (vice chairman), John Stucin, John Phillips, Lin Vincent, Donna Borgstrom, and Wes Ciampo. Stucin arrived at 8:18, during the LaValley application. 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 April 5 meeting, prepared by Bill Deane and mailed to the members. John Phillips moved to approve the minutes as written. Paul Lord seconded the motion, and it was carried, 6-0.

Sal Furnari was asked if he had a report to give about his position. Furnari reported nothing out of the ordinary, and said things were going smoothly.

Chairman Bass said that the Planning Board had received correspondence regarding the Feinman application, which he would present during review of that application later in the meeting. Bass also said that he had retrieved the Hickory Grove use variance documentation, which the Board had discussed at the last meeting. Bass reported no other correspondence of note, and moved on to applications.

AGENDA APPLICATIONS

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

Paul Lord read aloud the minutes of April 5 relevant to this application. Chairman Bass affirmed that he had spoken with surveyor Brian Carso since the last meeting, and clarified the notes and questions Carso had. Joyce Clarke presented documents requested by the Board during the March 1 meeting. Bass reviewed them against Town of Otsego Land Subdivision Regulations, sections 5.3 and 5.4 on pages 18-20. He asked Clarke that, if she decides to put any deed restrictions or covenants on the subdivided lots, to forward a copy to the Planning Board.

Board members were satisfied that their documentation requirements had been met. John Phillips moved to waive the requirements for an additional survey on the remaining 90 acres, for a survey of the parcel sold to Quality Automotive, and for delineation of the five-foot contour lines, in view of the survey of the existing lot and the fact that he and other Board members had personally inspected the site. Donna Borgstrom seconded the motion and it was approved, 6-0.

Clarke was told that she would have to pay the Town $175 per lot, for a total of $700. Her application will also have to be reviewed by the County Planning Board, since it is a major subdivision. Chairman Bass gave Clarke a short environmental assessment form (EAF), and the Board moved on to the next application while she completed it.

Clarke returned the completed EAF, and Chairman Bass completed the Planning Board's section with the Board's input. John Phillips moved to declare a negative declaration and authorize the chairman to sign the EAF. Lin Vincent seconded the motion, it was approved, 6-0, and Bass signed the EAF.

Donna Borgstrom moved to deem the application complete, forward it to the County Planning Board [done May 12], and schedule a public hearing for June 7. Wes Ciampo seconded the motion and it was approved, 6-0.

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

Chairman Bass read aloud the minutes of April 5 relevant to this application. Michael Feinman and his contractor, Marvin Zachow, presented copies of the site map showing the locations of the water supply and septic systems. They discussed their plans to use rock and railroad ties for erosion control and landscaping, and Paul Lord asked them to annotate the site map to show that. He also asked them to add to the application that they planned to install gravel at a depth of 2½ feet, half-way up to the railroad tie, on the down-side of the deck.

Chairman Bass read aloud correspondence from the Town Zoning Board of Appeals (ZBA), showing that Feinman's application (for area variances of 34 feet to the east and 25 feet to the north) was approved on April 19. Bill Deane read the not-yet-approved minutes of that date's ZBA meeting and public hearing, during which no one from the public appeared to voice any opinions about the application.

Paul Lord moved to deem the application a Type II action under SEQRA. Wes Ciampo seconded the motion and it was approved, 6-0.

Paul Lord moved to deem the application complete and waive the public hearing, in view of the fact that no one from the public had attended the ZBA's public hearing. Lin Vincent seconded the motion and it was approved, 6-0.

Chairman Bass stamped the site map "approved" and signed it.

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

Paul Lord read aloud part of the minutes of April 5 relevant to this application. The Board referred to Section 8.04 on pages 32-33 of the Land Use Law in listing requirements for LaValley.

Mark LaValley submitted a booklet he prepared, addressing most of the Section 8.04 requirements. He asked for a waiver of the survey requirement, submitting an expanded tax map which showed that his proposed building was clearly within the setback requirements.

Chairman Bass asked the status of LaValley's Department of Environmental Control (DEC)-Army Corps of Engineering wetlands permit. LaValley said the permit has gone to the "fisheries and wildlife" division of the DEC, and they are awaiting a decision from the State Historical Preservation Office (SHPO). Bass asked him to submit copies of all paperwork when it becomes available.

Chairman Bass asked about the flood plain issue. LaValley submitted a 1976 FEMA map, showing that the building site is outside the 100-year flood plain, and in fact is 6½ feet above that level. LaValley has staked out the property to correspond with these findings. Chairman Bass asked for concurrence on LaValley's measurements from an engineer or surveyor, and LaValley agreed to provide this. John Stucin asked where the water level was now, following a wet spring; LaValley said it was 50 feet away and six feet below the building site, with no current in the standing water. Bass asked LaValley to consider elevating the building.

LaValley said that his "light fabrication" area would require about 400 square feet of the total floor space, designated on one of his submitted drawings. Chairman Bass asked LaValley to designate this area in larger print, including the square footage, in time for the next meeting.

LaValley said that he plans to plant six-foot spruces and install a fence in front of the property, as a buffer for his neighbors. He said that lighting would be used only when he was at the site, that there would be no signs, and that he neither had nor anticipated having employees on the site.

The Board reviewed the other agencies which require permits. They advised LaValley that he would need to complete the short EAF before the next meeting.

The consensus of the Board was that they want to see what the DEC and Army Corps decide before the Board deems the application complete. At that time the Board might waive the survey requirements, which may be satisfied by the other documents LaValley had submitted and was asked to submit.

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

Rudy Burkhart asked the Board what he has to do if he wants to split his 150-acre lot in half, separated by the road. Chairman Bass advised him that Town Attorney McGown would need to see the new deeds before the Board could approve it as a first lot split. The two lots would have to meet requirements for acreage and road frontage, and a perc test would have to be done on the new lot (there are already a well and septic system on this lot).

Sal Furnari asked about existing cabins on the property, which are used as seasonal rentals. They were built last fall after Burkhart received a permit from Zoning Enforcement Officer Jane Berry. The Board discussed various issues that the cabins might raise regarding the lot split.

Burkhart was asked to notify the Planning Board if he will be ready for the June agenda.

Bob & Ed Kukenberger - Lot line adjustment - County Highway 26 (#114.00-1-75.01, et al)

Bob and Ed Kukenberger were present, discussing their plans to divide their late father's properties. Bob is executor of the estate. There are three parcels, each of which they want to split in two, and two parcels which will be affected by a proposed lot line adjustment. The Kukenbergers said that there had been no splits on the properties since their father acquired them in 1961 and 1974.

The Board advised the Kukenbergers that their proposal would qualify as three first lot splits and a lot line adjustment, provided that the adjustments don't create any non-conforming lots. Town Attorney McGown will need to see the new deeds before the Board can approve the splits and adjustment.

The Kukenbergers were asked to notify the Planning Board when they are ready to be put back on the agenda.

James Huntington - Site plan review, special permitted use, bed & breakfast - Glimmerglen Road (#83.00-1-33.01)

Chairman Bass announced that he was recusing himself from this application, since he is an abutting neighbor of James Huntington. Bass seated himself with the audience and Vice chairman Paul Lord took over as acting chairman.

Huntington submitted a survey signed by engineer Hans deWaal. Acting chairman Lord noted that the letter accompanying Huntington's application says that he plans to do considerable landscaping. Lord said that the Planning Board will want details on the landscaping plan. Huntington said that he is not sure what exactly he plans to do.

Acting chairman Lord reviewed the short EAF that Huntington had completed. Lord completed the Planning Board's section of the form with the Board's input.

John Stucin moved to declare a negative declaration, authorizing the acting chairman to sign the EAF. Wes Ciampo seconded the motion and it was approved, 6-0.

John Phillips moved to deem the application complete and schedule a public hearing for June 7, contingent on Huntington submitting a landscaping plan to the Planning Board clerk by May 24. Donna Borgstrom seconded the motion and it was approved, 6-0.

Jonathan Bass noted that, because Huntington is in an ag district, he would need to complete the agricultural data statement, including a list of neighbors within 500 feet of his property. No County review would be necessary, since the structure is already there.

John Phillips offered an amended motion, including the completed agricultural data statement among the contingencies. Donna Borgstrom again seconded the motion and it was approved, 6-0.

Chairman Bass returned to his post. Bill Deane noted that Rich Brady was put on the Planning Board agenda by mistake, so the Board moved on to the next application.

Richard Votypka - Sketch plan conference, special permitted use, Harmony House Café - State Highway 28, Fly Creek (#114.05-1-37.00)

Richard Votypka owns a block of buildings on Route 28, including four apartments and two retail stores (one for antiques, the other for clothing). He plans to add a 24-seat café and kitchen on part of the downstairs floor of the antiques store. Chairman Bass noted that the property is in the hamlet business district, and has an existing special permitted use for retail (antiques) on two floors of the store.

The Board spent considerable time discussing parking requirements, referring to Appendix B on pages 42-43 of the Land Use Law. Based on information given by the applicant, the consensus was that the enterprise would require a total of 25 parking spaces, including six for the café, eight for the apartments, two for the clothing store, and nine for the antiques store. This will require Votypka to add considerable fill to the rear of the buildings.

The Board reviewed site plan requirements listed in Section 8.04 on pages 32-33 of the Land Use Law. Votypka has a copy of this list. Chairman Bass advised him that among the items he would need to provide are engineering plans on the parking lot, new septic system plans, kitchen plans, a letter from the Army Corps of Engineers, a traffic flow diagram, and location of the well. Votypka will be put on the June 7 agenda.

James McCormack/Joseph Galati - Major subdivision - Christian Hill Road (#113.00-1-66.01)

James McCormack owns a 72.4-acre parcel. He wants to sell 55 acres (including a farmhouse, shop, and barn) of this to Joseph Galati, keeping the other 17.4 acres for himself to build a residence on. Galati has entered into a purchase contract with McCormack, contingent on Galati's being approved by the Planning Board to subdivide the 55-acre lot into nine to twelve parcels.

Chairman Bass noted that this is classified as a major subdivision, because the property is part of a larger tract (Dovetail Farms) subdivided in 1993. Town Attorney McGown said that the Planning Board couldn't rule on Galati's proposal because he can't subdivide property he doesn't own.

McCormack was asked whether he would consider doing both his and Galati's subdivisions all at once, but McCormack said he couldn't afford to do that. After discussion, the Board said that either the two subdivisions could be addressed in sequence, the second after Galati acquires the property; or Galati could act as McCormack's agent (in which case the Board would need paperwork attesting to that agreement) and do all the subdivisions on one application. McCormack and Galati will discuss these options.

Galati showed sketches of two possible subdivision plans; he was advised that the plan he prefers (creating nine parcels) would require a ZBA variance due to road frontage issues. Board members suggested other possible subdivision methods to consider. Galati was given a list of subdivision regulations. He was advised that surveys and perc tests would be needed for each lot, and that the County would review his application after the Town Planning Board deems it complete.

Joseph Galati - Sketch plan conference, expansion of existing building within 500 feet of Otsego Lake - 6688 St. Hwy. 80 (#69.76-1-9.00)

Joseph Galati wants to add a fourth story to his existing building, while also increasing the size of the second and third stories. The building will remain in the existing footprint established by the first story, thus no variance will be needed. Paul Lord noted that the building could not exceed 40 feet in height from the ground level. Galati is also considering building a sea-wall, which would require other permits. He will come back before the Planning Board when he has a more definite plan.

OTHER BUSINESS

Proposed Land Use Law revisions were again discussed. Paul Lord circulated copies of his latest draft of the proposed regulation on commercial self-storage buildings. Lin Vincent circulated a draft of her proposed revised wording on the definition of "service trade establishment." Board members were asked to review these and be prepared to discuss them at the next meeting.

Chairman Bass said that he had met with Matt Van Slyke of the County Planning Department. Van Slyke will be preparing a new zoning map for the Board's use. Bass called the Board's attention to the existing map, explaining how the new map would improve upon it.

At 11:28 PM, Lin Vincent moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk