The Regular Monthly Meeting of the Town Board of the Town of Otsego were held on the 10th day of

Town of Otsego Planning Board

Minutes - June 5, 2007

PUBLIC HEARING

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

Chairman Paul Lord called the public hearing to order at 7:33 PM, and asked if anyone from the public had any comments or questions about the NYSHA site
plan, but no one responded. The applicant was not present, so Lord said this was not a valid public hearing.

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:34 PM. Roll call was taken by acting secretary Donna Borgstrom, covering for Bill Deane until his arrival at 7:52. Members present were Lord, Borgstrom (Vice-Chairman), John Stucin, Joe Galati, and Wes Ciampo. Doug Greene and John Phillips were absent (Phillips arrived at 8:50, but did not take part in any votes). Also present was Planning Board Attorney Jim Ferrari.

The Board referred to the minutes of April 24, 2007, mailed to the members. Borgstrom noted that Phillips's name was listed twice in the roll call. Stucin moved to approve the minutes as amended. Ciampo seconded the motion and it was approved, 5-0.

The Board referred to the minutes of May 1, 2007, mailed to the members. Chairman Lord noted that Win McIntyre's correct title is Watershed Manager of the Otsego Lake Watershed Supervisory Committee. Stucin moved to approve the minutes as amended. Lord seconded the motion and it was approved, 5-0.

Chairman Lord discussed the Zoning Enforcement Officer vacancy left by Mike Miller's resignation (a copy of Miller's report for April was filed). Lord noted that the Town Board had asked that two Planning Board members at a time serve as Zoning Enforcement Officer until the position is filled. Borgstrom and Stucin will serve on Monday mornings, and Lord and Stucin will serve on Thursday evenings. They are fielding complaints as well as application intake, and will have a report (including three land use permits approved so far) for the next Planning Board meeting. Stucin said that Miller had recommended the Planning Board monitor driveway construction more closely, adding it to their checklist. Stucin also reported briefly on a storm-water workshop he attended.

Chairman Lord reviewed correspondence received since the last meeting:

· A letter, accompanied by two booklets (filed in "general correspondence") from the New York State Department of Environmental Conservation, about the availability of funds for projects to eradicate invasive species from the lands, waters, and wetlands of New York.

· A letter, accompanied by drawings (filed in "general correspondence"), from the Village of Cooperstown, advising of the approval of three septic systems (Hall, Zimmer, Bunn) approved by the Otsego Lake Watershed Supervisory Committee.

· Fliers (distributed to members) about a seminar, "Economic Development Incentives in New York," to be held at Syracuse on June 15.

· Fliers (distributed to members) about a seminar, "Financial Statement Analysis," to be held at Syracuse on June 19.

· Fliers (distributed to members) about a seminar, "The Development Approval Process," to be held at Syracuse on July 17.

· A flier (passed around to members) on Planning and Zoning summer schools for 2007.

The Board moved on to applications.

APPLICATIONS

Carol Harter - First lot split - County Highway 26 (#68.00-1-25.03)

Donna Borgstrom read aloud the minutes of April 10 relevant to this application. Applicant Carol Harter submitted a property survey, which was examined by the Board. Having re-checked the tax maps, John Stucin moved to deem this a first lot split, authorizing the chairman to stamp and sign the survey. Donna Borgstrom seconded the motion and it was approved, 5-0. Chairman Lord stamped the survey "approved" and signed it, advising Harter to file it with the County within 30 days.

Afterward, Wes Ciampo noted that the property was listed as 14.17 acres on the original application, but only 13.7 on the survey. The consensus of the Board was that it was not unusual for a survey to show a slightly different acreage than the tax map or other record.

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

The applicant was not present, so Chairman Lord said that no vote on the application would take place, and that another public hearing would have to be scheduled. Bill Deane noted that he had advertised the public hearing in three local newspapers, and sent letters to the neighbors, but no one had appeared for the hearing. He didn't think another public hearing should be scheduled, citing the precedence of the Schropp hearing on December 5, 2006, and the Board's waiver of another hearing on January 2, 2007. The consensus was that this would be addressed if or when the applicant returned before the Board.

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

Donna Borgstrom read aloud the minutes of May 1 relevant to this application. After some confusion as to where the papers were, the Board reviewed applicant Kathy Chase's documentation on parking accommodations, signs, and interior detail, requested at the previous meeting.

John Stucin moved to deem the application complete and schedule a public hearing for July 3. Wes Ciampo seconded the motion and it was approved, 5-0.

Joseph Schmer Family Trust (Bob Schlather) - First lot split - 237 Christian Hill Road (#113.00-1-66.03)

The Board examined documents submitted by Attorney Bob Schlather on behalf of the applicant. Chairman Lord and John Stucin had reviewed the deed (dated February, 1987), determining that it predated the Land Use Law (August, 1987). Donna Borgstrom moved to deem this a first lot split, authorizing the chairman to stamp and sign the plat. Stucin seconded the motion and it was approved, 5-0. Lord stamped the plat "approved" and signed it.

Carol Shirey - Minor subdivision - 4487 & 4519 State Highway 205 (#96.00-1-27.01 & 112.00-1-34.00)

Applicant Carol Shirey had had her subdivision approved by the Board on November 14, 2006, but had failed to file it with the County on time, so she arranged with Chairman Lord to be added to tonight's agenda. However, she did not appear.

OTHER BUSINESS

Donna Borgstrom discussed the word "structure" in the Land Use Law, triggering considerable discussion by the Board. Wes Ciampo asked about the intent of the wording on setbacks, thinking it referred to buildings, not other structures. John Stucin suggested that the definition of structure be centered around building permit requirements; i.e., something less than 100 square feet does not require a permit, so should not be part of the setback requirements. There was mention of things such as garden sheds, gazebos, wood-burning stoves, pools, hot tubs, and above-ground septic systems, which might be less than 100 square feet, yet probably should be considered with regard to setbacks. There was discussion of changing the definition of setback, rather than listing exceptions to "structure or building." Chairman Lord asked the Board to ponder the subject some more and discuss it again at the next meeting, with Stucin at the lead.

Chairman Lord discussed the proposed Land Use Law amendment requiring phosphorous removal in Otsego Lakeside septic systems. Bill Deane distributed copies of an e-mail from Wayne Bunn on the subject, and Chairman Lord read aloud his proposed response. Lord said he had discussed the e-mail with the Town Board, Town Attorney, and Planning Board Attorney, and was advised that Bunn should discuss his concerns with the Town Board and Watershed Supervisory Committee. The Board revived their previous discussion on the subject. Wes Ciampo said he thought this proposed law was beyond the Planning Board's bailiwick, but Attorney Ferrari said it was within the Board's authority. Joe Galati noted that all of the presenters on the topic had vested interest in the new septic systems, and that despite this biased presentation, there was no consensus of the Board on the subject. Lord shared more environmental concerns due to phosphorous content in the Lake.

Chairman Lord discussed the Comprehensive Plan Committee. They asked the Town Board to schedule a public hearing, sent press releases about it, prepared for it, and gave a presentation to a gathering of people, but then learned that the hearing was not valid because the Town Clerk did not legally advertise it. A "legal" hearing is scheduled for June 20, after which the Committee will make revisions to the Plan and present it to the Town Board. The current proposed Plan is on the Town's web-site.

The Board discussed the Time Warner cell tower situation. The applicant, Midlakes Communication Corp., had come before the Board last September and October, stressing the urgency of removing and replacing the old cell tower, but never did remove the old one. Their 90-day limit has long since expired, and they have not responded to phone messages. The next step would be a registered letter.

Bill Deane discussed the July 3, 2007 Agenda. At this point the only confirmed applicant is Kathy Chase, returning for a public hearing. NYSHA and Carol Shirey will be put back on the agenda only if they contact him or the Board in time.

At 9:09 PM John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk