Minutes - July 5, 2005

Chairman Bass called the public hearing to order at 7:30 PM.

PUBLIC HEARING

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

At Chairman Bass's request, James McCormack put his plat on an easel and give a brief description of his subdivision. Bass then asked if anyone from the public had any comments or questions. Joe Calleja asked how many developments would be going up there. Chairman Bass noted that any subsequent projects would have to go through Planning Board review and public hearings of their own. J. C. Walrath asked what would become of the other parcel, and whether there was a buyer for it. McCormack said there was. Walrath also asked for a description of the new building. McCormack responded that the new building will look like a carriage barn and shop, set back from the road, and will show respect for the neighbors and their privacy. With no further comments or questions, John Stucin moved to close the public hearing. Paul Lord
seconded the motion and it was approved, 6-0.

REGULAR MEETING

Chairman Bass called the monthly Town of Otsego Planning Board meeting to order at 7:37 PM. Board members present were Bass, Paul Lord (vice chairman), John Stucin, Lin Vincent, Donna Borgstrom, and John Phillips. Wes Ciampo was absent. Also present were Town Attorney Margaret McGown, Zoning Enforcement Officer Sal Furnari, and Town Clerk Pam Deane, acting as Planning Board clerk in place of Bill Deane.

The Board reviewed the minutes of the June 7 meeting, prepared by Bill Deane and mailed to the members. Paul Lord said that, in the fifth paragraph of the McCormack application minutes on page 3, "(RA-2)" needs to be stricken. Donna Borgstrom moved to approve the minutes as corrected. Lin Vincent seconded the motion, and it was carried, 6-0.

Sal Furnari was asked if he had a report to give about his position. Furnari read from a written report, listing five new construction approvals since the last Planning Board meeting. Furnari's report, which will be filed by Bill Deane, also itemized various site visits, subdivision inquiries, and complaints. Furnari also reported many issues being raised regarding the vagueness of the Land Use Law, particularly the definition of "mobile home," and whether it includes a recreational vehicle. This is now an issue, as the Olins have been using an R.V. as a home on the same lot as an exiting house. Chairman Bass recognized the Olins' neighbors, Peggy and Sam Hoskins, who came to describe what is going on there. The Board agreed that the Land Use Law language needs to be clarified on this subject.

Chairman Bass reviewed some of the correspondence received since the last meeting:

a.. Letters and a diagram from Lady Ostapeck, describing her proposed minor subdivision, and giving permission to Patricia Pantaleoni and/or Dorothy Schrull to represent her in the Planning Board application process.
b.. A June 29 letter from attorney Robert Schlather, regarding a lot split requiring Planning Board review. Bass gave the letter to Town Attorney McGown for review.
c.. Documentation on applications previously approved by the Planning Board, but which need to be re-filed due to Section 3.6 on page 8 of the Land Subdivision Regulations, which notes that "Any subdivision plat not so filed or recorded [with the County Clerk] within thirty days of the date upon which such plat is approved . shall become null and void." Chairman Bass then moved on to applications.

AGENDA APPLICATIONS

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

Paul Lord read aloud the minutes of June 7 relevant to the application. James McCormack submitted the map requested by the Board at the last meeting; he had previously submitted the completed Agricultural Data Statement which also had been requested. The Board reviewed the documents.

Paul Lord moved to waive the second public hearing required for major subdivisions, based on the feedback during tonight's public hearing. John Phillips seconded the motion and it was approved, 6-0. John Stucin moved to grant preliminary approval of the subdivision plat. Lin Vincent seconded the motion and it was approved, 6-0. Phillips moved to grant final approval of the subdivision. Lord seconded the motion and it was approved, 6-0. Chairman Bass stamped the plat "approved" and signed it. Bass instructed McCormack to file the plat with the County Clerk within 30 days, or the approval would be considered null and void. McCormack paid the $175 fee to Pam Deane.

Sal Furnari explained that, though Mark LaValley was listed on the July agenda, he had reported that he had nothing new for the Board at this time, and that he wanted to be put onto the August agenda. The Board moved on to the next application.

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

Paul Lord read aloud the minutes of June 7 relevant to the application. Chairman Bass remarked on some work Richard Votypka had started, and reminded him that he should check with the Planning Board before beginning any work. Votypka replied that had just cleaned up the site so he could have a safe driveway for his tenants.

Chairman Bass read aloud a letter from the Army Corps of Engineers, stating that Votypka requires no permit from them for his proposed parking lot and septic system; he had also received approval from the DEC. Votypka submitted plans for the café, which he said will be open year-round from 3 AM to 6 PM, serving breakfast and lunch, and employing two or three people.

Votypka submitted his partially-completed Environmental Assessment Form (EAF). Chairman Bass helped him complete it, then completed the Board's portion with the members' input. Donna Borgstrom moved to declare a negative declaration and authorize the Chairman to sign the form. John Phillips seconded the motion, it was approved, 6-0, and Bass signed the EAF.

John Stucin moved to deem the application complete, contingent on the Board's receipt of the following items within two weeks: specifications on the driveway aprons and markings, construction sequence, and engineering details, and erosion control measures associated with the extended parking area. John Phillips seconded the motion and it was approved, 6-0. Stucin moved to schedule a public hearing for August 2. Lin Vincent seconded the motion and it was approved, 6-0.

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

Paul Lord read aloud the minutes of June 7 relevant to the application. Representative Dorothy Schrull submitted a contour map, a completed EAF, and satisfactory perc test results for both parcels. The Board had requested the contour map show five-foot intervals, but Schrull said she learned that the cost for such a map would be $7,200.

John Phillips moved that the Board waive their requirement for five-foot intervals on the contour map. Donna Borgstrom seconded the motion and it was carried, 6-0.

Chairman Bass reviewed the EAF, and completed the Board's section with the members' input. Paul Lord moved to declare a negative declaration and authorize Chairman Bass to sign the form. John Phillips seconded the motion, it was approved, 6-0, and Bass signed the EAF.

John Stucin expressed safety concerns about the placement of the driveway in lot "A." The consensus of the Board was to discuss this during the August meeting.

Lin Vincent moved to deem the application complete and schedule a public hearing for August 2. John Phillips seconded the motion and it was approved, 6-0. The $350 subdivision fee will be due at that time.

Deborah Kantor - Site plan modification - Portabello's Restaurant, 6027 State Highway 28, Fly Creek (#114.05-1-61.00)

Deborah Kantor's son Josh submitted a letter from Deborah requesting a site plan modification, permitting outdoor dining tables without calendar restraint. She had previously had a site plan approval for outdoor tables from Memorial Day through Labor Day.

Chairman Bass said that, though the Planning Board previously approved the tables, they are within a few feet of State Highway 28 and are thus encroaching on the setback requirements. Bass thinks the Kantors should apply to the Zoning Board of Appeals (ZBA) for an area variance on the tables before the Planning Board takes any action on the current application. After discussion, the consensus of the Planning Board was to require the Kantors to apply to the ZBA for an area variance, and to list specific dates for the use of the outdoor tables. Josh Kantor requested to be put on the Planning Board's August 2 meeting agenda.

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

Paul Lord read aloud the minutes of June 7 relevant to the application. Raymond "Buddy" Key submitted his completed subdivision application, Agricultural Data Statement, and EAF, which were reviewed by the Board. Chairman Bass completed the Board's section of the EAF with the members' input. John Stucin moved to declare a negative declaration and authorize the Chairman to sign the form. Paul Lord seconded the motion, it was approved, 6-0, and Bass signed the EAF.

After considerable discussion, John Phillips moved that the Board waive their requirement for five-foot intervals on the contour map. Chairman Bass seconded the motion and it was carried, 5-1, with Paul Lord opposed.

Donna Borgstrom moved to deem the application complete and schedule a public hearing for August 2. Paul Lord seconded the motion and it was approved, 6-0.

Jerry Miller - Site plan modification - swing set at Jerry's Place, 6635 St. Hwy. 28, Hartwick (#97.00-2-6.02)

Chairman Bass said that he had asked Jerry Miller to submit a letter of modification to his site plan, accounting for the swing set. Nothing has yet been
received, and Bass asked Sal Furnari to remind Miller about this.

APPLICATIONS ADDED TO AGENDA

Nick Kartalis - Minor subdivision - 434 Bedbug Hill Road, Fly Creek (#82.00-2-9.00)

Nick Kartalis seeks to subdivide a 75-acre lot into six parcels. Chairman Bass read aloud the minutes of January, 2004 relevant to the application.
Kartalis had been given a list of things the Planning Board needed at that time, but he said he had not been able to get them all until now. He submitted a subdivision map, an EAF, and perc test results, which the Board reviewed. Bass noted that the land is relatively flat, and also that the application needs to be sent to the County because there are more than 50 acres involved.

Kartalis said that the property has two wells and three septic systems. The Board requested that Kartalis designate all percs, septic systems, and wells on the sub-plat, as well as the wooded area and spill-ways of the creek and pond. The Board asked Kartalis to return for the August 2 meeting.

Randy Dean - Minor subdivision - State Highway 80 (#99.00-1-6.02)

Randy Dean proposes a subdivision on an 88-acre lot, creating two new three-acre parcels on Route 80, Pierstown. Since no subdivisions have been done on the lot since 1987, it would be a minor subdivision. Chairman Bass advised Dean that he would have to meet requirements for road frontage and acreage for each new lot created. He would also have to designate the locations of wells, septic systems, and perc tests (signed off by a professional engineer). Bass advised Dean to contact Sal Furnari if he had any questions.

Anthony Cicoria - Site plan review, construction within 500 feet of Otsego Lake - 6311 State Highway 80 (#84.12-1-4.00)

Engineer Hans deWaal represented Anthony Cicoria, who wants to put a foundation under an existing house, expand the porch, and add a septic system. deWaal said that the contractor hopes to start after Labor Day, and asked for a waiver of the survey requirements.

The Board went through the site plan regulations from Section 8.04 on pages 32-33 of the Land Use Law. Paul Lord asked about the driveway, and said that gravel would be preferable to blacktop because it is more pervious. The Board asked deWaal to identify the type of driveway proposed and, if it is blacktop, to show where the dry-wells would go. They also asked him to show the location of the electric pole, and submit a partial survey signature. deWaal requested to be put on the August 2 meeting agenda.

Barbara Petersen - Sketch plan conference, deck and staircase within 500 feet of Canadarago Lake - County Highway 22, Richfield Springs (#39.00-2-2.01)

Barbara Petersen described her plans to construct a treated deck and staircase on the east side of Canadarago Lake. Chairman Bass said that she would have to apply to the ZBA for an area variance, and suggested that she talk to the DEC and get a formal letter saying that they have no issue with the project. Paul Lord asked that she take steps to minimize the environmental impact.

James Dean - Major subdivision -

James Dean described his plans to subdivide a lot on Sunset Ridge. It would meet the acreage and frontage requirements. The Board advised Dean that he would need to follow the procedures of a major subdivision, since it represents further subdivision of lots created by a previous major subdivision. They said he would have to submit a new survey plat with the new lot shaded in and the contours shown; a perc test on the new lot; and a completed EAF.

OTHER BUSINESS

Lin Vincent said she hadn't done anything further with the potential Land Use Law revision on the definition of "service trade establishment."

Chairman Bass advised the Board that they would soon be receiving an application for a cell tower. Telecommunications regulations require Planning Board approval for such a project. Pam Deane said she would get copies of these regulations to the members.

Bass presented the previously-discussed documents regarding the Mary Winne subdivision, which he re-signed. Bass noted that the papers on the Lise Harrell subdivision, approved by the Planning Board in November, 2004, also were not filed within 30 days, so it needs to be re-approved by the Planning Board. Since the Board has not received anything formal on this issue yet, the consensus was to table it until a cover letter is received.

Bass also discussed the situation involving John Schallert, Sr. Schallert filed a 1987 subdivision map, with no sign of Planning Board approval, with the County. The Town has sent the county a letter, advising them not to approve any building permits on this land. Some Board members questioned the difference between this and the Winne and Harrell cases.

The Board discussed what should be done with applications that have not been filed within 30 days. Town Attorney McGown read a section of New York State law, which states that applications must be filed with the County Clerk within 62 days of approval by the Town Planning Board. John Phillips moved that the Chairman review all "null and void" plats brought before him, sign, and approve them as appropriate. After discussion, Phillips withdrew his motion.

The Board discussed the possibility of scheduling a second Planning Board meeting for either July or August, to help break up the large agendas. There was considerable discussion and cross-talk, but no decision was made.

Sal Furnari asked for direction on matters that have come before him, including interpretation of the 35-foot height restriction in the Land Use Law, driveway modifications after site plan approval, and a project done by the Fly Creek Cider Mill without Planning Board review. No formal decisions were made.

At 11:20 PM, Lin Vincent moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk