Town of Otsego Planning Board

Minutes - June 6, 2006

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:31 PM. All Board members were present: Bass, Paul Lord (Vice Chairman), John Stucin (who arrived after the first vote), John Phillips, Donna Borgstrom, Lin Vincent, and Wes Ciampo. Also present were Planning Board Attorney Margaret McGown, Zoning Enforcement Officer Mike Miller, and Planning Board Clerk Bill Deane.

The Board referred to the minutes of the May 2, 2006 meeting, mailed to the members. Donna Borgstrom moved to approve the minutes as mailed. Lin Vincent seconded the motion and it was approved, 6-0.

Zoning Enforcement Officer Mike Miller reported on his last month's activity, distributing a summary (filed) of eight land use permits issued. He also reported on some of his many site visits.

Chairman Bass reviewed correspondence received since the last meeting:

a.. A signed plat on the Daniel & Julie Evans minor subdivision, along with a notice from the County Clerk that the plat was filed on May 18. Bass asked Bill Deane to
file these.
b.. A flier from the Association of Towns of the State of New York, regarding Planning and Zoning Summer Schools for 2006. This was passed around to the members.
c.. Copies of the Spring, 2006 issue of Planning News, passed around to the members.
d.. A 5/26 letter (filed in "general correspondence") from D. Stephen Elliott, President of the Farmers' Museum, requesting a letter of support for a renovation project they plan to undertake. This letter would be used in their application for a grant from the New York State Office of Parks, Recreation and Historic Preservation. It was the consensus of the Board not to write such a letter, as a matter of policy. Bass said he would contact the Farmers' Museum to explain.
e.. A 5/24 letter (filed in "general correspondence") from Ruth Pierpont, Director of the New York State Office of Parks, Recreation and Historic Preservation, regarding the proposed Fly Creek Historic District. It asked for any comments from the Planning Board to be submitted by June 22. It was the consensus of the Board not to get involved in this issue. Bass said he would contact Ms. Pierpont to explain. With no further correspondence, the Board moved on to applications.

APPLICATIONS

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

Wes Ciampo recused himself and left the meeting table during proceedings on this application. Paul Lord read aloud the minutes of May 2 relevant to it. Applicant Mark LaValley had asked that the "clock be stopped" on his application process on that date, 28 days after the public hearing had been held. At this point, LaValley asked that the clock be restarted, and it was the consensus of the Board to agree. Chairman Bass noted that, since the next scheduled meeting would put the Board past the 62-day limit to act on the application, the Board had to either issue a decision tonight or schedule a special meeting before July 11.

LaValley reported that he had not yet renewed his driveway permit, but that it was just a formality. He said there were no changes to his application. He also clarified that his roof would be gray or brown, and that the cupola (which had been shown in some pictures but not others) would be included. LaValley said he was willing to increase the "buffer zone" between him and his neighbors by planting additional trees, and he has made some preliminary plans toward that end. He submitted photos of some neighboring buildings, showing that his project was consistent with these. LaValley concluded that he had spent thousands of dollars over the past year-and-a-half, following all levels of rules, and hoped that the Board would consider those facts.

Bass referred to Section 8.05 (2) on page 34 of the Land Use Law, itemizing the Planning Board's criteria for site plan review, and went down the list item by item. He noted that the Board had approved at least three service trade establishments in the district, and that LaValley had worked to make the structure look like an agricultural building.

Paul Lord remarked that one of the service trade establishments the Board had approved, Greener World, has not complied with the vehicle limits set by the Board. He asked how the Board should deal with such non-compliance, and suggested that special permitted uses be granted only for a limited time.

Donna Borgstrom suggested that the Board do a conditional approval, citing restrictions on such things as number of employees and hours of operation. John Stucin raised questions about inconsistencies in the various drawings. The Board discussed the possibility of voting on the site plan now and the special permitted use at a later date.

Paul Lord made a motion, seconded by Lin Vincent, to approve the site plan with modifications. After discussion about the wording, Lord withdrew the motion.

At this point, Jim McNulty and Eileen Bowers chimed in with objections to the proceedings, and asked to address their concerns to the Board. Bass said he could not permit this, advising them that a public hearing had already been held and that their objections were already well-documented. Bowers said that the project does not qualify as a service trade establishment, and even if it did, it exceeds the size limits. McNulty said that he would file an "Article 78," challenging the Board's decisions.

Lord moved to approve the site plan as submitted, with the following modifications: to use a color scheme of earth tones; to include a cupola; and to increase the number of trees planted on Keating Road and on the north side of the property to a minimum of 24, consisting of a mix of deciduous and coniferous trees in a random pattern, to provide a buffer for the neighbors. Donna Borgstrom seconded the motion and it was approved, 6-0. Bass stamped the site plan "approved" and signed it.

The Board discussed possible conditions of the special permit, with advice from Attorney McGown. Lord moved to approve the special permitted use contingent on execution of the site plan, a maximum of three vehicles on the exterior property at a time, and no usage of the exterior property after dark except to gain access to the building. Lin Vincent seconded the motion and it was approved, 6-0. Bass advised LaValley that he would receive his special permit in the mail.

Jason Oliver - Minor subdivision - 360 Christian Hill Road (#113.00-1-62.05)

Paul Lord read aloud the minutes of March 7 relevant to this application. A public hearing was held on that date, but applicant Jason Oliver had asked that the "clock be stopped" on his application process, giving him time to resolve a right-of-way issue involving Tim Parsons. It was the consensus of the applicant and the Board to restart the clock at this time.

The Board reviewed the revised subdivision plats submitted. Oliver noted that the shaded portion of the map denotes property belonging to Alvaro Garcia, and that Tim Parsons's right-of-way will be included in the deed for lot #1. Attorney McGown advised Oliver to explain this issue to Steve Childs so the subdivision map could be properly filed with the County.

Paul Lord moved to approve the minor subdivision as submitted, noting that the shaded portion of the map denotes property belonging to Garcia, and is shown for information purposes only (to document the Parsons right-of-way). John Phillips seconded the motion and it was approved, 7-0. Chairman Bass stamped the subdivision map "approved" and signed it. Oliver submitted a check for $350 for payment of the two new parcels created by the subdivision.

David Bertram - Lot line adjustment - Pierstown Road (#99.00-1-2.00)

Paul Lord read aloud the minutes of March 7 relevant to this application. The Board reviewed a May 22 letter from Attorney Timothy Johnson, with a survey map on the Cullum property. Johnson must file the map with the County within 30 days, and Attorney McGown said she would deliver it to him to do so. Applicant David Bertram expressed satisfaction with the map.

The survey for the Hobika (Gozigian) lot line adjustment had already been approved, but had not been filed with the County within the required 30 days. Paul Lord moved to re-authorize Chairman Bass to sign the lot line adjustment map. Donna Borgstrom seconded the motion, it was approved, 7-0, and Bass signed the map. Bertram then conferred with Attorney McGown before returning before the Board later during the meeting.

Lin Vincent moved to deem this a simple lot line adjustment, contingent on the Cullum Mylar being filed with the County, and to authorize the chairman to sign the Bertram Mylar at that time. Lord seconded the motion and it was approved, 7-0

Gary Welch - First lot split - 557 Wedderspoon Hollow Road (#54.00-2-1.02)

Attorney McGown reported that applicant Gary Welch was not ready to proceed at this time, and asked that he be put on the July agenda.

Jacquelyn Gavron - First lot split - 380 Raymond Fish Road (#81.00-2-4.00)

Robert Birch, attorney for applicant Jacquelyn Gavron, submitted a letter authorizing him to represent her in the application process. Gavron wants to split a large lot into two parcels of 112.7 and 99.1 acres, respectively.

Chairman Bass noted that he and Attorney McGown had checked the maps previously. The Board noted that both lots meet the acreage and road frontage requirements of the Land Use Law.

Wes Ciampo moved to deem this a first lot split and authorize the chairman to sign the map. Lin Vincent seconded the motion, it was approved, 7-0, and Bass signed the map.

Troy Brissard - Site plan review, special permitted use, Fly Creek Friesians at Honey Joe Farm - County Highway 26 (#82.00-2-7.00)

John Stucin recused himself and left the meeting table during proceedings on this application. Paul Lord read aloud the minutes of April 4 relevant to it. Applicant Troy Brissard noted that he had hired Duane Sprague to do a survey, and expected it to be ready for tonight's meeting, but that it was not. He asked if he could get site plan approval contingent on submitting the survey.

Brissard submitted information packets to the members, including an aerial photo of the property and a completed short environmental assessment form (EAF). He was asked to designate the parking area on his map, and he said that the enterprise would be seasonal use only. Chairman Bass said that the Board should check on the status of the special permitted use for the shale mine on the property.

The consensus of the Board was that this constituted an unlisted action, permitting the use of the short EAF. Bass completed the Planning Board section of the form with the members' input. Wes Ciampo moved to declare a negative declaration and authorize the chairman to sign the EAF. John Phillips seconded the motion, it was approved, 6-0, and Bass signed the form.

Phillips moved to deem the application complete, contingent on the completed survey, deed, and parking designation being submitted by June 27, and to schedule a public hearing for July 11. Donna Borgstrom seconded the motion and it was approved, 6-0.

Tony Gambino - Sketch plan conference, Java Joe's shop - 5438 State Highway 28 (#131.00-1-1.00)

Applicant Tony Gambino was accompanied by Daniel Mackie, an advisor in his project. Gambino reported that the Subway sandwich shop currently housed in his building will be moving to the Hartwick Commons plaza. He wants to replace it with a "Java Joe's" drive-through coffee shop, open from 6 AM to 10 PM daily, with no additions to the building. Gambino will be working with engineer Hans deWaal, and hopes to have the shop open by September.

Chairman Bass noted that there is a special permit already in place for the building, and this would require only a site plan modification. Zoning Enforcement Officer Miller gave Gambino a site plan application and a short-form EAF, and explained the $25 application fee requirement. Gambino asked to be put on the July agenda.

OTHER BUSINESS

Chairman Bass reported on the Preserve Our Pierstown meeting held on June 1. The group met with the consultant for the Town's comprehensive plan. Bass said the group is seeking separate or overlay district status for Pierstown.

Chairman Bass reminded the Board about the Otsego Lake Association meeting on June 17. He plans to attend as a representative for the Board.

Bill Deane reminded the Board that next month's meeting was on the second Tuesday of the month, July 11, due to the July 4 Holiday. He submitted a public announcement to that effect to the CoopersTown Crier.

Paul Lord reported that a voluminous comprehensive plan has been drafted, but has not yet been released to the public. Lord reported briefly on the results of the public surveys, which had been done in preparation for this plan.

Chairman Bass reminded the Board that their meeting minutes, kept in binders in the Town Building, are not to leave the premises. Paul Lord had borrowed the 2004-06 binders after the last meeting, and returned them tonight, apologizing for his transgression.

With no further business, at 10:17 John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk