Town of Otsego Planning Board

Minutes – May 20, 2008


A special meeting (workshop) of the Town of Otsego Planning Board was held on this date and convened approximately 7:30 PM.  Members present were Paul Lord (Chairman), Donna Borgstrom (Vice-Chairman), John Phillips, Doug Greene, Wes Ciampo, and Steve Purcell.  Zoning Enforcement Officer John Stucin, Planning Board Attorney Jim Ferrari, and Planning Board Clerk Bill Deane were also present (Deane arrived at 7:47, after completing his duties for the concurrent Zoning Board of Appeals meeting).  Member Joe Galati was absent.

Deane distributed copies of May 6 meeting minutes, the June 3 meeting agenda, and miscellaneous correspondence.  The Board continued the discussion of potential Land Use Law revisions, as assigned during the April and May meetings.

Phillips said he was still working on the definitions of home offices/home occupations, but had nothing further to report at this time. 

Purcell discussed “Principal building per lot” in Section 3.04 on page 16 of the Land Use Law.  The consensus of the Board was that the intent of the Law was to permit a “mother-in-law” dwelling or two, not dozens of dwellings, as could be achieved by the current wording.  Lord suggested the words “up to two” be added to the end of the first line of the definition.

Greene discussed the definition of “private road,” and distributed revised copies of his proposed changes, borrowed from State Law.  Lord said that Greene needed to denote where in the Land Use Law the revisions should go.  Lord added that the revisions should reflect content-sensitive designs of roads, loosening up the requirement of Donovan specifications on all roads.

Lord distributed copies of his draft for new Section 3.15, defining “Heirloom Barns and Buildings.”  He found the language he had originally proposed to the Comprehensive Planning Committee in March, 2007, and implemented some of that.  A key to this proposed law is that heirloom barns and buildings would be subject to site plan review.

Lord also distributed a copy of his draft for revised Section 7.02, “Permits, Certificates, and Licenses.”  “Codes Enforcement Officer” should be replaced by “Zoning Enforcement Officer” throughout.  The following should be added: “E. No driveway, paved or not, shall be developed or used without a land use permit.”  The current “E” And “F” should then be changed to “F” and “G,” respectively.  After discussion, Lord added that Section 4.02 should be revised, requiring site plan review for driveways with a slope of greater than 15%.

Ciampo distributed copies of his research on definitions of “motel.”  The consensus of the Board was that a modified form of the Lawndale City Code definition was the most appropriate, to wit:

“A single building or group of attached or detached buildings containing completely furnished guest rooms or dwelling units, the majority of which have separate entrances directly from outside the building, with conveniently located automobile parking spaces provided on the lot or parcel of land for separate rooms or dwelling units as required thereof, which are designed, intended to be used, or used wholly or in part for the accommodation of guests who are primarily transient automobile travelers.  ‘Motel’ shall also include auto courts, motel lodges and tourist courts.”

Borgstrom said that adoption of this motel definition would obviate the change of the definition of “campground.” 

Lord discussed the subjects of tree removal and leaning trees in the lakeshore protection area.  Former Zoning Enforcement Officer Mike Miller proposed multiple versions of a law revision to the Town Board last year, but each was dismissed.  Lord said he would check the Town Board minutes on this subject before he and Borgstrom worked on reviving this proposal.

Lord said only one item on the June 3 agenda still needed SEQR determination.  He asked Phillips to be prepared to make a SEQR recommendation on the SBA Towers application at that meeting.

The Board engaged in a long discussion about the new “procedures of disclosure” proposed by the Town of Otsego Ethics Board.  Lord said it was not clear whom the directive was coming from, and his conversation with Town Supervisor Tom Breiten did not clarify the matter.  Lord said the Ethics Board does not have jurisdiction over the Planning Board.  Members noted that they are appointed by the Town Board, sworn in, and required to sign ethics affidavits; what is the point of these new procedures?  They will only add time, bureaucracy, and hard feelings to the Planning Board’s process.  The consensus was to drop the “agenda and conflicts review” from the monthly Planning Board agenda, unless otherwise directed by the Town Board. 

At 9:32, Steve Purcell moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk