Town of Otsego Planning Board

Minutes - May 1, 2007

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:33 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, John Stucin, John Phillips, Joe Galati, Doug Greene, and Wes Ciampo. Donna Borgstrom (Vice-Chairman) was absent. Also present were Planning Board Attorney Jim Ferrari and Zoning Enforcement Officer Mike Miller.

The Board referred to the minutes of April 10, 2007, mailed to the members. Stucin moved to approve them as mailed. Greene seconded the motion and it was approved, 6-0.

Zoning Enforcement Officer Miller distributed copies of his report (filed) for April. It showed five land use permits issued in that month, plus information on a local law
(limiting construction of year-round residences on seasonal roads) adopted by the Town Board; the cell tower (construction time approved in site plan review has expired); and a complaint (about property owned by Edwin Leslie of Bissell Road). Members expressed frustration at not being consulted about the local law. Chairman Lord said he would talk to Town Supervisor Tom Breiten about this.

Chairman Lord reviewed correspondence received since the last meeting:

· The March/April 2007 issue of Talk of the Towns & Topics, distributed to members.

· A 4/24/07 letter (filed in "general correspondence") from Scottie Baker, expressing the Otsego Lake Association's support of a phosphorous removal requirement for Otsego Lakeside septic systems.

· A notice (filed) from the Otsego County Clerk, regarding the filing of the Schropp subdivision plat on 3/28/07.

The Board moved on to applications.

APPLICATIONS

NYSHA (Kurt Ofer) - Site plan review, Native American fishing camp access path - State Highway 80 (#115.00-1-4.00)

Wes Ciampo read aloud the minutes of April 10 relevant to this application. Bill Deane read aloud, and distributed copies of, the minutes (not yet approved) of the April 17 meeting of the Town Zoning Board of Appeals (ZBA). That Board had ruled that, based on the information before them, the work in question does not constitute construction, that the path is not a structure or a raised walkway, and that it meets permeability guidelines, hence there is no need for an area variance.

To further allay the Planning Board's concerns, Kurt Ofer submitted a 1933 survey, documenting the previous pathway to the Native American fishing camp, and making the "new" path essentially a replacement-in-kind.

Chairman Lord reviewed the site plan requirements on page 32 of the Land Use Law. After discussion, Wes Ciampo moved to deem this a Type II action, per New York State Environmental Quality Review Act (SEQRA), section 617.5, (c)(1) and (c)(8). John Stucin seconded the motion and it was approved, 6-0.

Stucin moved to deem the application complete and schedule a public hearing for June 5. John Phillips seconded the motion and it was approved, 6-0.

Thomas & Kathy Chase - Site plan review, special permitted use, bed&breakfast - 250 Red House Hill Road (#69.52-1-1.00)

Kathy Chase briefly described her plan to add a third rental unit, with a separate entrance, to a building which is currently used for two other rental units. Bill Deane explained that she had applied for a use variance through the ZBA on April 17, but that Board had advised her that there was no basis to apply for a use variance, and that she would need only to apply for a special permitted use (bed&breakfast) through the Planning Board.

Planning Board members examined the application and photos submitted. Chairman Lord referred to the special permitted use standards in Section 7.03 on page 30 of the Land Use Law. It was noted that the property is in the Historic District, and that no Department of Health approval would be needed. Chase said there would be no new lighting, and that construction would take about two weeks.

After discussion, Joe Galati moved to deem this a Type II action, per SEQRA, section 617.5, (c)(9). Doug Greene seconded the motion and it was approved, 6-0. Chairman Lord reviewed the short environmental assessment form submitted by Chase, and she made a few corrections based on his input.

The Board asked Chase to return to the June 5 meeting with documentation on parking accommodations, signs, and interior detail.

Brad Carso (Les Sittler) - Boundary line adjustment - Goose Street & State Highway 28 (#114.00-1-9.01, -10.01 & 10.02)

This application was added to the agenda by decision of Chairman Lord. Attorney Les Sittler submitted a letter (filed), authorizing him to represent applicant Brad Carso on a boundary line adjustment. Sittler explained the project, which involves three contiguous lots owned by Carso, being reconfigured into two lots. Sittler submitted a boundary line adjustment form, a site plan, deeds for the existing three lots, and proposed deeds for the two new lots. Planning Board Attorney Jim Ferrari examined the deeds at length and expressed satisfaction with them.

After discussion, John Phillips moved to deem this a simple boundary line adjustment and authorize the Chairman to sign the boundary line adjustment form. John Stucin seconded the motion, it was approved, 6-0, and Lord signed the form.

OTHER BUSINESS

Watershed Supervisory Committee Manager Win McIntyre, who was unable to attend the April 24 meeting, was on hand to discuss phosphorous removal in Otsego Lakeside septic systems. McIntyre distributed some reference material, and offered to answer questions on the subject.

Joe Galati pointed out that septic systems account for only 5% of the phosphorous infiltration of the Lake, leaving 95% of the problem unaddressed. He said he felt that it was unfair to burden homeowners with a costly requirement which will make such a little impact. Galati also mentioned that the Watershed Supervisory Committee did not seem to be doing anything about failed septic systems.

John Phillips noted that the 5% referred to by Galati would really be more like 2½%, since there was already phosphorous from the existing systems leeched into the soil. He echoed Galati's sentiments, saying the topic deserves more study. Phillips said he is concerned about the environment, and is doing research on the subject.

Doug Greene added to comments made by Galati and Phillips, saying that those concerned should look at other ways to mitigate the phosphorous problem.

McIntyre responded to the Board members' comments. He said that the Lake Management Plan, in place since 1998, has identified nutrient loading as the biggest threat to the Lake. They have been working to address other sources of phosphorous, particularly agriculture, all along. Some 75% of the phosphorous infiltration comes from the three feeder streams to the north of the Lake. The 5% share of the residential septic systems underrepresents the true impact, because of the form of the phosphorous. McIntyre said that he would be making a presentation about sewer districts to the Town Board on May 9, and invited Planning Board members to attend and listen carefully.

Chairman Lord thanked McIntyre for coming to inform the Board on this topic. Lord added information about the impact of phosphorous on the cold-water fish in the Lake. He then distributed copies of his proposed amendment to Land Use Law Section 4.04 (lakeshore protection).

The Board discussed the land use permit application and checklist distributed by Zoning Enforcement Officer Miller at the last meeting. Chairman Lord said he thought they were a good idea, making things easier for applicants. Doug Greene suggested that Miller add driveway location to #8. Miller pointed out that he really can't coach applicants on how to complete an application, as that could raise liability issues. He also noted that there is nothing in the Land Use Law which says someone has to complete a land use permit for a permitted use.

The Board discussed commercial storage facilities, as listed in the Land Use Law on pages 10-11, as special permitted uses for the GB-1 and GB-2 Districts. They (instead of "Self Storage Units") should also be so listed under the RA-2 District special permitted uses on page 7. After discussion, John Phillips moved to propose that the Town Board amend the Land Use Law by deleting the definition of "Self-Storage Units" on page 47, and to change special permitted use #4 for the RA-2 District to "Commercial Storage, Enclosed." John Stucin seconded the motion and it was approved, 6-0.

Bill Deane discussed the June 5, 2007 agenda. The only applicants on it so far are NYSHA and Kathy Chase, returning from this month's agenda. Zoning Enforcement Officer Miller had no additions yet.

John Phillips noted that the shielding on Richard Votypka's lighting had been completed. Phillips did it himself.

Attorney Ferrari discussed the Chase application. If her special permit is approved, it should specify it is for one bed&breakfast facility. If she wanted to expand her operation (increase her special permitted use) at some point, she would have to go back through site plan review.

Chairman Lord gave an update on the Comprehensive Planning Committee. They are awaiting Town Attorney Martin Tillapaugh's input on their plan draft.

Bill Deane noted that there is an error in Section 4.04 on page 19 of the Land Use Law. It states that ". no structure shall be newly erected within one hundred to five hundred (100-500) feet of the shoreline of Otsego or Canadarago Lakes." The words "without site plan review" were inadvertently dropped from the end of that sentence, as shown in the September 14, 2005 amendment on page 52. Chairman Lord asked Deane to bring this to the attention of the Town Clerk, as this apparently was her typing error.

At 10:10 PM Doug Greene moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk