Minutes - July 6, 2004

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:30 PM. Board members present were Bass, Paul Lord (vice chairman), John Phillips, John Stucin, Lin Vincent, and Donna Borgstrom; absent was Wes Ciampo. Also present were Code Enforcement Officer Jane Berry and Planning Board clerk Bill Deane. Town Attorney Margaret McGown arrived shortly after the regular meeting began.

The Board reviewed the minutes of the June 1 meeting, prepared by Bill Deane and distributed or mailed to the members prior to tonight's meeting. Paul Lord moved to approve the minutes as written. The motion was seconded by John Phillips and carried unanimously.

Chairman Bass noted that the only correspondence received consisted of three letters from the County Planning Board, regarding the Memorandum of Agreement (MOA) discussed at the Town Planning Board's June 1 meeting. The second and third letters represented corrections to the first one. Bass introduced Otsego County Planning Board member Clifford Buell, who had been invited to attend to discuss this issue.

Mr. Buell said that the purpose of the MOA was to clarify the relationship between the County and Town Planning Boards, and to standardize the process. The Town Board would ultimately have to sign the MOA, but the Town Planning Board's recommendations would be crucial. Buell said a change to the existing MOA, signed by the Town in 1994, was that new construction under the Town Planning Board's site plan review did not have to be referred to the County Planning Board if it was less than 1,000 square feet; previously, the cut-off was 2,500 square feet. Based on the reaction of the Town Planning Board members, Buell wondered whether the Town is referring everything that needs to be referred to the County. He said that he would ask County Planning Director Diane Carlton to send clarifying information on this subject to the Town Planning Board.

Code Enforcement Officer Jane Berry gave a report about her position. Since starting, she has issued eight various permits and fielded more than 60 telephone calls about Codes issues. She has had numerous meetings with residents and business owners with questions and concerns about their projects, and she has met with County Planning Director Diane Carlton. She has also been hired by the Town Board to apply for a technical assistance grant to prepare for a Strategic Plan. Margaret McGown asked about the problem of certain people leaving old appliances in their yards, presenting an eyesore and a danger to the community - is this a codes issue?

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)

No one appeared on behalf of this application. It is believed that there is a sale pending on the property. Jonathan Bass reviewed the minutes of June 1 relevant to the application, including Ms. Winne's waiver of her right to have the Board make a decision on her existing application within 62 days. Paul Lord made a motion to accept Ms. Winne's waiver, effectively "stopping the clock" on the application process. The motion was seconded by Lin Vincent and carried unanimously.

Nettie Jean Scarzafava - Sketch plan conference, replacement of residence within 100 feet of Otsego Lake - St. Hwy. 80 (#69.60-1-17.00)

Elizabeth Davidson, architect for the project, was present. Chairman Bass reviewed the minutes of June 1 relevant to the application. Davidson presented a revised survey, with dimensions slightly different than those approved in an area variance granted by the Town Zoning Board of Appeals, resulting from her meetings with the project engineer and with the Department of Transportation. She said that she planned to discuss the changes with the ZBA, and keep the Planning Board apprised of further developments. Code Enforcement Officer Jane Berry pointed out that the new dimensions may require an entirely new ZBA area variance application.

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

Attorney Robert Schlather represented Ms. Harrell. Schlather expressed some confusion as to what exactly he was expected to provide. Paul Lord reviewed the minutes of June 1 relevant to the application. Chairman Bass reiterated to Schlather what the Planning Board needs before making a ruling on this application: a map showing the five lots and a survey of one of them. Schlather asked to be put on the agenda for the August 3 meeting.

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

Jim McNulty was present. Code Enforcement Officer Jane Berry reviewed the application and activity on it so far. Mr. McNulty explained the situation involving the property, and submitted a survey, which the Board reviewed. The property consists of 26+ acres, and has been part of a family trust since 1978. The McNultys want to split it into two separate parcels, one of 23 acres, the other of 3.34 acres.

Town Attorney Margaret McGown stated that, if this were the first lot split since 1987, no deeds would be necessary. Chairman Bass noted that the dimensions and road frontage of the new parcels exceed Land Use Law criteria. John Phillips moved to deem the proposed boundary change a first lot split, permitting the McNultys to go forward with it. Donna Borgstrom seconded the motion, and it was carried unanimously.

OTHER BUSINESS

Town Attorney Margaret McGown brought up the Ray Key property, and said that, because she wasn't at the meetings in which Key came before the Planning Board, she still doesn't understand what the Board needs her to do. Chairman Bass reviewed the minutes of November 11, 2003 relevant to the application, and Code Enforcement Officer Jane Berry reviewed the minutes of July 17, 1996, at which time the project was classified as a major subdivision. Following discussion, McGown said she now understands what is needed, and is ready to talk to Bob Poulson about it.

Chairman Bass reviewed the workshop held on June 22 at 7 PM, during which the Board's proposed Land Use Law changes were discussed. Present at that workshop were Planning Board members Bass, Paul Lord, Lin Vincent, Donna Borgstrom, and John Stucin. Wes Ciampo and John Phillips were absent, but Phillips had submitted a letter and left a phone message with his thoughts on the subject. Also present were Town Board members Bill Michaels and Nancy Iversen, and Planning Board clerk Bill Deane. The focus of the workshop was the Planning Board's two previously-proposed changes which were not approved by the Town Board at their May 12 meeting, but other issues were discussed as well. After considerable discussion and input from all parties present, Bass resolved to re-draft the proposed changes and discuss them further at tonight's Planning Board meeting.

Chairman Bass presented the proposed changes he and Paul Lord worked on since the workshop. The Board discussed them at length. They agreed on the rewording of the two previously-rejected proposals, but the consensus was to table the other issues until they had a chance to review them further. Code Enforcement Officer Jane Berry said she had some experience with such rules, and offered to bring in documents to help with the language of these proposals. Chairman Bass plans to attend the July 14 Town Board meeting to re-present the two previously-rejected proposals, and urged the other Planning Board members to attend as well.

The Board reviewed the County Planning Board's MOA, discussed earlier in the meeting. The consensus was that it was confusing and only adds to bureaucracy. They discussed the pros and cons of signing the MOA, and other options they have. Members questioned Clifford Buell's suggestion that the Town wasn't referring everything to the County that it should be. Town Attorney Margaret McGown read relevant passages from McKinney's Consolidated Laws of New York Annotated: General Municipal Law. Chairman Bass noted that it is up to the Town Board to decide whether or not to sign the MOA, but that the Planning Board should offer its input. McGown will review the existing MOA, and she and Bass plan to attend the July 14 Town Board meeting to discuss the proposed new one.

At 9:44, John Stucin moved that the meeting be adjourned.

Respectfully submitted,

Bill Deane

Planning Board Clerk