Minutes - June 7, 2005

Chairman Bass called the public hearings to order at 7:31 PM.

PUBLIC HEARINGS

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

Joyce Clarke was present, displaying her subdivision plans on the tripod. Chairman Bass asked whether anyone from the public had any comments or questions, but no one responded. John Stucin moved to close the public hearing. Wes Ciampo seconded the motion and it was carried, 6-0.

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

James Huntington was present. Chairman Bass recused himself from this application, since he is an abutting neighbor of Huntington's. Bass seated himself with the audience and vice chairman Paul Lord took over as acting chairman. Lord asked whether anyone from the public had any questions, but no one responded. Lin Vincent moved to close the public hearing. Donna Borgstrom seconded the motion and it was carried, 5-0.

REGULAR MEETING

Chairman Bass returned to the meeting table and called the monthly Town of Otsego Planning Board meeting to order at 7:34 PM. Board members present were Bass, Paul Lord (vice chairman), John Stucin, Lin Vincent, Donna Borgstrom, and Wes Ciampo. John Phillips was absent. 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 May 3 meeting, prepared by Bill Deane and mailed to the members. Donna Borgstrom 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, but had two items he wanted to talk to the Board about. First, Gary Welch wants to put a 35-foot Tagalong camper on his vacant 15-acre lot, with plans to live in the camper. It will have a septic system and electricity, and be within the setback and road frontage requirements. Furnari could find nothing in the Land Use Law addressing whether this was permissible, and left a message with the County Codes Office. The Board referred to the definitions of "campground," "camping unit," "trailer," and "mobile home," but agreed that the Land Use Law doesn't really address the issue, thus that it is probably a codes matter rather than a Planning Board one.

Furnari also said that he had decided to remove Richard Votypka's application from this month's agenda, as he didn't expect Votypka to have anything new to report. However, Votypka was present and did have some new material for the Board's review, so Furnari asked that he be reinstated to the agenda. Chairman Bass said that he could be added after the agenda applications, time permitting.

Chairman Bass reviewed correspondence received since the last meeting:

a.. A flier from the New York State Department of State, announcing a June 21 conference entitled "Open Space and Farmland Conservation." The flier was passed around to the members.
b.. The June, 2005 Otsego Lake Association newsletter, passed around to the members.
c.. Two letters from the County Planning Board, regarding the Joyce Clarke application. Bass said he would read these during the appropriate applications portion of the
meeting.
d.. A May 12 package from the Town of Springfield Planning Board, expressing their intent to act as lead agent for coordinated environmental review regarding a 180-foot Verizon cell tower, equipment building, and driveway to be constructed at 289 Continental Road, Springfield. This was sent to the Otsego Planning Board as an "interested agency," and gave Otsego 30 days to dispute Springfield's being the lead agent in this project. After discussion, John Stucin moved to concur with the Town of Springfield Planning Board's being the lead agency in this project. Lin Vincent seconded the motion and it was carried, 6-0. Chairman Bass noted that the Otsego Planning Board would still be involved in the process, and asked Bill Deane to start a file on this project.

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

AGENDA APPLICATIONS

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

Chairman Bass explained that the Board had neglected to formally approve the site plan during last month's meeting, although they deemed the application complete, waived the public hearing, and stamped the site plan "approved." Bass thought that that the Board ought to rectify this by voting on the site plan approval tonight, and the Board agreed by consensus. Wes Ciampo moved to approve the site plan. Paul Lord seconded the motion, and it was carried, 6-0.

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

Chairman Bass read aloud the two letters from the Otsego County Planning Board. One acknowledged receipt of the Clarke application, sent by Bill Deane, on May 13. The second advised that the Otsego County Planning Board did not meet as scheduled this month (June 2) and, since they must act within 30 days of receipt of the application, would not be ruling on it; therefore, the applicant's obligation for County Board referral was satisfied.

Bill Deane noted that one of his letters to the list of neighbors provided by Joyce Clarke, to Mr. & Mrs. Gauss, was returned to sender, "forwarding time expired."

Paul Lord read aloud the minutes of May 3 relevant to the application. Chairman Bass asked Clarke whether there were any changes to the application, and she said there were not. He reminded her that she owes the Town $700 ($175 for each of the four new lots beyond the first, free one), but said that the Board could vote on the application contingent on this being paid.

Paul Lord moved that, in view of the fact that a public hearing had been held tonight with no adverse comment, the second public hearing (required for a major subdivision) be waived. Lin Vincent seconded the motion and it was carried, 6-0. John Stucin moved to grant preliminary approval of the subdivision. Wes Ciampo seconded the motion and it was carried, 6-0.

Chairman Bass asked whether there was any further discussion, but no one responded. Donna Borgstrom moved to grant final approval of the subdivision, contingent on the $700 fee being paid. Paul Lord seconded the motion and it was carried, 6-0. Later during the meeting, Joyce Clarke's companion Manfred Brandofsky brought in $700 cash Clarke had given him to pay the fee. Sal Furnari gave a receipt to Brandofsky, and gave the money to Bill Deane to deliver to the Town Clerk. Bass stamped the application "approved" and signed it.

Bass and Deane explained that, though Mark LaValley was listed on the June agenda, he had reported that he had nothing new for the Board at this time, and that he wanted to be moved to the July agenda. The Board moved on to the next application.

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

Chairman Bass again recused himself from this application and seated himself with the audience, while vice chairman Paul Lord took over as acting chairman. Lord read aloud the minutes of May 3 relevant to the application. Since then, James Huntington had submitted the list of neighbors within 500 feet, and a drawing with his landscaping plans, as requested by the Board.

Huntington explained his drawing to the Board members and answered their questions. Board members noted that Huntington needed to designate six parking spaces (two for the dwelling and one for each of the four rental units), and asked him to do so on the drawing, which he did. John Stucin noticed that there was a neighbor present in the audience, and asked him to identify himself and explain why he was there. Ron Johnson, describing himself as Huntington's neighbor to the west, said that he was thrilled with what Huntington has done and what he's doing.

The Board noted that the Agricultural Data Statement had been completed and the application fee had been paid. Wes Ciampo moved to approve the site plan and the special permitted use as submitted. There was discussion as to whether this constituted a special permitted use, and the Board agreed that it was. John Stucin seconded the motion and it was carried, 5-0. Acting chairman Lord stamped the application "approved" and signed it.

Chairman Bass returned to the meeting table, and advised Huntington that, if he ever planned any changes, to consult with the Zoning Enforcement Officer or
Planning Board.

James McCormack - Major subdivision - 281 Christian Hill Road (#113.00-1-66.01)

Paul Lord read aloud the minutes of May 3 relevant to the application. James McCormack reported that he and Joseph Galati had been unable to reach agreement since the last meeting, so McCormack was now seeking to do just his subdivision, dividing a 67.4-acre parcel into lots of 17.4 and 50 acres. He plans to keep the smaller lot and ultimately build a house on it.

The Board agreed that this was still a major subdivision, due to the 1993 subdivision of the original "Dovetail Farms" property. Members reviewed McCormack's paperwork and found it informative.

McCormack said he planned to first build a "carriage house," living in it until he was ready to construct the main house. The two buildings would be connected by a breezeway. The Board discussed whether they would have to designate acreage and road frontage for the two buildings, and reached a consensus that they did not.

Chairman Bass completed the Environmental Assessment Form (EAF) with the Board's input. Lin Vincent moved to declare a negative declaration and authorize the chairman to sign the EAF. Donna Borgstrom seconded the motion, it was carried, 6-0, and Bass signed the EAF.

The Board noted that, since the subdivision is in an agricultural (RA-2) district, McCormack needs to complete an Agricultural Data Statement, including the names and addresses of property owners within 200 feet of the original subdivision, and within 500 feet of the property within the agricultural district. They also asked McCormack to provide an inset on his subdivision map, showing all parcels created since August 1, 1987.

John Stucin moved to deem the application complete, contingent on McCormack's providing the above items, and scheduling a public hearing for July 5. Lin Vincent seconded the motion and it was carried, 6-0.

Lady Ostapeck - Minor subdivision - 1133 County Highway 26 (98.00-1-1.01)

Dorothy Schrull, describing herself as Lady Ostapeck's friend and realtor (Benson Agency), said that she was representing Ostapeck, who wants to divide her lot into three parcels. Since Schrull didn't have a letter attesting to that fact, Chairman Bass said that the Board couldn't issue any decisions tonight.

Schrull presented a survey, deed, maps, and drawings, which were reviewed by the Board. They told Schrull that Schrull would have to provide the following:

· Letter from Lady Ostapeck, giving Schrull permission to represent her for this application.

· Location of the septic system on lot "B."

· A contour map showing five-foot intervals.

· An inset map, including the previous parcel sold.

· Engineering sign-off on the perc test on lot "A."

· A survey showing wetlands, wooded and open areas.

· A completed EAF.

Ostapeck/Schrull will be put on the July 5 agenda.

APPLICATIONS ADDED TO AGENDA

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

Richard Votypka submitted folders, including drawings, photos, and lists, to each of the Board members. He said that he no longer planned to use the upstairs portion of the building for retail space, eliminating nine of the 25 necessary parking spaces.

Board members said that the parking lot plan made no sense to them, and didn't address contours or grading. They asked Votypka to submit an updated and more comprehensive plan for the lot and driveways. They also asked for sign plans, if available, and descriptions of fencing planned to protect the downhill side of the buildings. Furthermore, concerned about the traffic flow to and from State Highway 28, they asked him to install curbs as soon as possible to prevent people from parking along the highway, and to paint directional arrows on the driveway, making it clear that people were not to exit on 28.

Votypka asked to be put on the July 5 agenda.

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

Joseph Galati returned with an "unofficial" preliminary plat, based on his plan to buy the 50-acre parcel created by James McCormack's pending subdivision. The Board criticized Galati's road plans, noting that any road created must conform to Donovan specifications. A contentious discussion ensued, with Galati saying that he had made the plans based on the Board's previous instruction, and that the Land Subdivision Regulations don't address roads. Board members said that they had not made any formal instructions or decisions, and referred Galati to the definition of "cul-de-sac" on page 12 of the Land Subdivision Regulations.

The Board said that, if the purchase goes through and Galati continues with his subdivision plans, he will need to submit an inset showing the previous parcels in the Dovetail Farms subdivision, and get perc tests on each of the proposed new lots.

Raymond Key - Major subdivision - 461 County Highway 28 (#84.00-1-3.01, et al)

Raymond Key wants to subdivide his property, following up on an application that came before the Planning Board in 2003. He had no application for his current proposed project. The Board recapped Key's previous application. Town Attorney McGown told Key that she had never received the deed needed to designate his previous application as a lot line adjustment, despite continual correspondence and other contacts. In view of that, his current plan to subdivide his lot into four parcels qualifies as a major subdivision.

Key was told that he will have to submit a completed subdivision application; a completed agricultural data statement; a completed EAF; a survey for the three proposed new lots; perc tests on the three lots; an inset map, showing previous lots in the subdivision since August 1, 1987; and $525 for the three lots ($175 each). He asked to be put on the July 5 agenda.

OTHER BUSINESS

Chairman Bass read a letter from Town Board member Bill Michaels. Michaels asks that the Planning Board consider his proposed definitions of various facilities for Section 2 of the Land Use Law. The consensus of the Board was that, because of the Town Board's inaction last time the subject came up, they did not want to address this matter at this time. Bass will report back to Michaels.

Chairman Bass distributed copies of a new color-coded Land Use Districts map prepared by Matt VanSlyke of the Otsego County Planning Board. He asked members to review it and give input at the July meeting. Paul Lord said the map should be dated.

The Board again discussed potential Land Use Law revisions. Lin Vincent distributed copies of her latest proposed definition of "service trade establishment," which members will review and prepare to discuss at the July meeting. Paul Lord distributed copies of his latest wording on storage units. After review, John Stucin moved to forward this to the Town Board for action. Lin Vincent seconded the motion and it was carried, 6-0.

Chairman Bass brought up the subject of the swing set at Jerry's Place: should Jerry Miller have applied for site plan review? It was apparently not included on any of his site plan applications and, although there have been no complaints about it, it was brought to the attention of Sal Furnari and he wants direction. Town Attorney McGown said that the Board should use "consistent enforcement." After considerable discussion and an aborted motion by Lin Vincent, John Stucin moved that Furnari ask Miller to come before the Planning Board and update them on his changes and proposed changes to the site plan. Wes Ciampo seconded the motion and it was carried, 4-2, with Paul Lord and Donna Borgstrom opposed.

Chairman Bass mentioned a recent Freeman's Journal article about Bassett Healthcare's new parking lot. He advised the Board that the lot will require their review at some point.

At 11:08 PM, Paul Lord moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk