Town of Otsego Planning Board

Minutes - June 1, 2004

Chairman Jonathan Bass called the public hearings to order at 7:29 PM.

PUBLIC HEARINGS

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

Mary Winne was present. There were no comments or questions from the public, nor correspondence related to the application. Donna Borgstrom moved to close the public hearing. The motion was seconded by Lin Vincent and carried.

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

Frank Traglia was present. Diane Higgins, a neighbor of Mr. Traglia's, stated that she supports his proposed project. There were no other comments or questions from the public, nor correspondence related to the application. Lin Vincent moved to close the public hearing. The motion was seconded by Wes Ciampo and carried.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:32 PM. Present were all seven Board members: Bass, Paul Lord (vice chairman), John Phillips, John Stucin, Wes Ciampo, Lin Vincent, and Donna Borgstrom. Also present was Planning Board clerk Bill Deane. Town Attorney Margaret McGown arrived shortly after the regular meeting began.

The Board reviewed the minutes from the May 4 meeting, prepared by Bill Deane, reviewed by Chairman Bass, and mailed to the members. A few corrections were recommended: on page 3, under the McKay application, "Town Board" should be "Town Planning Board." And, on both page 2, under the Winne application, and page 3, under the Traglia application, "June 2" should be "June 1." Paul Lord moved to approve the minutes as amended. The motion was seconded by John Phillips and carried.

Chairman Bass reviewed correspondence received since the last meeting:

* The signed Mylar for the Margaret Clark subdivision. Chairman Bass asked Bill Deane to file this (done).

* A letter from the County Planning Board, accompanied by their relevant minutes, stating that the Margaret Clark subdivision was approved as of May 6. Chairman Bass asked Bill Deane to file these (done).

* A letter from the County Planning Board, stating that their regular meeting date had been changed to the first Thursday of each month. The Town Planning Board discussed problems this might create with their schedule.

* A letter from the County Planning Board, discussing a proposed change to its memorandum of agreement (MOA). The letter stated that "a member of the County Planning Board is able to meet with your board if you would like more information on this matter." It was the consensus of the Town Planning Board that they would like a representative from the County to come to their next meeting on July 6. Chairman Bass asked Bill Deane to arrange for that.

* A letter from architect Elizabeth Davidson, regarding the Nettie Jean Scarzafava application, with a new building section as the Board had requested. Chairman Bass said that this would be reviewed during the agenda application phase of the meeting.

* A flier from the Department of Environmental Conservation, listing new requirements for small construction projects.

Chairman Bass introduced and welcomed new Zoning Officer Jane Berry, who was observing from the public area. At the Board's request, she summarized her experience and qualifications. Bass asked whether she had any report, but she did not at this time.

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

AGENDA APPLICATIONS

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

Paul Lord reviewed the minutes of May 4 relevant to this application. Mary Winne announced that her neighbor had made an offer on the property this week. Ms. Winne would like to consider a lot line change, rather than a subdivision, and delay the Board's decision. She stated that she waived her right to have the Board make a decision on her existing application within 62 days. Citing Subdivision Regulations, Section F, page 4, Margaret McGown noted that it had up to 45 days after today's public hearing to make a decision on the application. The Board decided to withhold any action until the July 6 meeting, giving Ms. Winne time to decide what she wants to do.

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

Paul Lord reviewed the minutes of May 4 relevant to this application. Chairman Bass asked Frank Traglia whether there were any changes to the application. Mr. Traglia submitted a new drawing. At the Board's request, he added diagrams showing the location of the septic tank and the second well. The Board reviewed the drawing. Mr. Traglia stated that he planned to plant shrubbery on the north (Lake) side of the deck.

Bill Deane noted that two of his notices to Mr. Traglia's neighbors had been returned to sender for incomplete or incorrect address. However, the public hearing was advertised in a legal notice, and the Board already has statements on file from these two people, offering no objection to the proposed project.

John Phillips moved to approve the site plan as submitted previously and clarified today. The motion was seconded by Wes Ciampo and carried. Chairman Bass stamped the application "APPROVED" and signed it.

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 reviewed the minutes of May 4 relevant to this application, and reintroduced the transmittal from Elizabeth Davidson, mentioned during tonight's regular meeting. Ms. Davidson submitted a new construction plan drawing, affirming that the plan will be within the variance approved by the Zoning Board of Appeals. The consensus of the Planning Board was that more documentation would be needed before they can make an informed decision.

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

No one appeared on behalf of this application.

At this point, the meeting had progressed faster than anticipated, and the other scheduled applicants were not yet present. The Board skipped to "other business" on the agenda, as described later in the minutes, until the next applicant arrived.

Lise Harrell - Major subdivision of property - 223 Keys Road (#84.00-1-1.01)

Attorney Robert Schlather represented Ms. Harrell. Paul Lord read the minutes of February 3 and March 2 relevant to this application. Chairman Bass reviewed the history of this application, noting that it was now classified as a major subdivision, due to a fifth parcel added to the original plan. Mr. Schlather was advised that the Board needed a map showing the five lots and a survey of one of them. He asked to be put on the agenda for next month.

Again, while awaiting the next applicant, the Board skipped to "other business," as described later in the minutes.

Frank Kukenberger & Gwen Ermlich - Site plan review, lot line adjustment - 553 County Highway 26 (114.00-1-76.00) & 138 Fork Shop Road (114.00-1-62.00)

Gwen Ermlich and Frank Kukenberger, who own adjoining property lots, explained their plan to move the boundary between their properties, making Ms. Ermlich's larger. Margaret McGown explained that Mr. Kukenberger would first have to deed part of his property to Ms. Ermlich, then she would have to have a new deed created showing it as one piece of property.

Paul Lord moved that the Planning Board deem this a simple lot line change. The motion was seconded by John Phillips and carried. The Board will wait to see the deed descriptions from the attorney before formally ruling on the application.

OTHER BUSINESS

Chairman Bass distributed the revised Land Use Law, including amendments adopted on May 12, 2004. The Board discussed their proposed changes which had and had not been adopted, and specific recent cases affected by these. Margaret McGown and John Stucin, having been at the Town Board meeting where the amendments were made, offered their observations and suggestions on how to re-present the unsuccessful proposed changes. It was the consensus of the Board to schedule a work-shop for Tuesday, June 22 at 7 PM to discuss proposed revisions to the Land Use Law. Chairman Bass asked Bill Deane to advertise this as a public meeting.

Margaret McGown reported on the Ray Key property issue, which is pending her review of the deed descriptions. She said that she will have the issue ready to discuss at next month's meeting, and will ask Bob Poulson to attend.

Lin Vincent asked a question about a personal situation, in which she and her siblings plan to subdivide their jointly-owned property. She wondered what would be required insofar as sketch plans and surveys.

The Board discussed scheduled meeting dates that conflict with Holidays, such as Election Day on November 2 this year (other potential conflicts are on New Year's Day or Independence Day, and primary elections). It was the consensus of the Board to reschedule such meetings for the second Tuesday of the month.

Diane Higgins asked the Board a question. She noted that, as a neighbor of Frank Traglia's, she was invited to tonight's public hearing. However, she says she has another neighbor who has been doing construction on his property, and no one has ever contacted her about that. Ms. Higgins was advised that the neighbor may be in violation of Planning Board rules, and that she could file a complaint to be investigated by the Zoning Officer.

Wes Ciampo noted that he would not be at the July 6 meeting.

At 9:15, Lin Vincent moved that the meeting be adjourned.


Respectfully submitted,

Bill Deane

Planning Board Clerk

AGENDA

Town of Otsego Planning Board

July 6, 2004

REGULAR MEETING

Roll Call

Call to Order

Minutes of June 1, 2004

CORRESPONDENCE

REPORTS

Jane Berry, Code Enforcement Officer

APPLICATIONS

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

Nettie Jean Scarzafava - Replacement of residence within 100 feet of Otsego Lake - St. Hwy. 80 (#69.60-1-17.00)

Lise Harrell - Minor subdivision of property - (#84.00-1-1.01)

Jim McNulty - Simple lot split boundary change - Keating Rd. (#82.00-7-2.02)

OTHER BUSINESS

Proposed Land Use Law revisions/June 22, 2004 workshop

Ray Key property