Town of Otsego Planning Board

Minutes - July 11, 2006

REGULAR MEETING

Acting Chairman John Phillips called the monthly Town of Otsego Planning Board meeting to order at 7:33 PM. He announced that Chairman Jonathan Bass would be arriving late, and that Vice Chairman Paul Lord and member Wes Ciampo would be absent. With Stucin abstaining from the Brisard application, there would be no quorum on that matter until Bass arrived, so Phillips said the scheduled public hearing would be held later during the meeting.

Board members present were Phillips, John Stucin, Donna Borgstrom, and Lin Vincent. Also present were Zoning Enforcement Officer Mike Miller and Planning Board Clerk Bill Deane. The Board referred to the minutes of the June 6, 2006 meeting, mailed to the members. Borgstrom moved to approve the minutes as mailed. Vincent seconded the motion and it was approved, 4-0.

Zoning Enforcement Officer Mike Miller reported on his last month's activity, distributing a summary (filed) of nine land use permits issued, plus a report of land-use signs at the Town's boundaries. He also reported on the Votypka erosion problems.

Acting Chairman Phillips reviewed correspondence received since the last meeting:

a.. A flier from the Association of Towns of the State of New York, regarding Planning and Zoning Summer Schools for 2006. This was again passed around to the members.
b.. Outdated invitations to a Glimmerglass Opera event, which had been held on July 5.
c.. A June 13 letter from Attorney Lester Sittler, with copies of the deeds for Sal Furnari's lot splits. These will be filed and brought to the attention of Planning
Board Attorney Margaret McGown.
d.. A 6/23 notice (filed) from the Otsego County Clerk, regarding the filing of the Jacquelyn Gavron subdivision plat.
e.. A7/6 notice (filed) from the Otsego County Clerk, regarding the filing of the Jason Oliver subdivision plat.
f.. The David Bertram lot line adjustment map (filed), signed by Chairman Bass.
With no further correspondence, the Board moved on to the Gambino application (summarized later in the minutes). Chairman Bass arrived during that discussion at 8:09 PM, after which Lin Vincent moved to temporarily adjourn the regular meeting. John Phillips seconded the motion and it was approved, 5-0.

PUBLIC HEARING

Troy Brisard - Site plan review, special permitted use, Fly Creek Friesians - County Highway 26 (#68.00-1-16.05)

Chairman Bass called the public hearing to order at 8:20 PM. John Stucin excused himself from the Board proceedings and moved to the public seating area. Applicant Troy Brisard gave a brief description of his project. Bass asked whether anyone from the public had any questions or comments.

Judy Vidal, a neighbor, came up to examine the project drawings, and then said she had no questions.

John Stucin, another neighbor, stated that the area in question is still an agricultural stronghold, with active farms all around. He noted that there are special requirements regarding recreational use, and said he felt that the traffic produced by this enterprise will have a detrimental effect to the community. He also said that there is an existing snowmobile trail on this property along Honey Joe Road, and the state does not allow dual usage on that road. Stucin closed by saying that the Board should require proof of liability insurance, along with specifics on buildings, water, and electricity.

Chairman Bass read aloud an e-mail (filed) from Paul Lord, concerning things he felt the Board should consider in this application. Most were already mentioned by Stucin.

With no further comments or questions, at 8:27 John Phillips moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 4-0.

REGULAR MEETING, Continued

At 8:28, John Phillips moved to reopen the regular meeting. Lin Vincent seconded the motion and it was approved, 4-0. The Board moved back to applications.

APPLICATIONS

Troy Brisard - Site plan review, special permitted use, Fly Creek Friesians - County Highway 26 (#68.00-1-16.05)

Chairman Bass asked Troy Brisard whether the enterprise would be year-round. Brisard said that it would be seasonal, ceasing operation when there was snow on the ground. As such, it would not interfere with the snowmobiling. Brisard said that there was no easement or formal agreement for the snowmobile usage; the Snowtoppers simply ask permission to use his land each fall, and he grants it at no charge.

In answer to questions, Brisard stated that there will be water, electric, Porta-Johns, and unmarked trails. He said the traffic would be limited to 6-8 people at a time per one-hour trail ride or riding lesson.

Chairman Bass referred to Section 7.03 on pages 29-30 of the Land Use Law. He noted that the Board could grant a special permit for a limited time (for example, one year), and then reassess the situation based on established traffic patterns. Bass also said that the Board needed to discuss the dual usage restriction and the liability insurance issue with Planning Board Attorney Margaret McGown.

Brisard expressed frustration at the strictness of the proceedings, and the prospect of having to go through the Planning Board process again a year from now. He said he had a neighbor whose application went "right through" the Board. He felt he was being discriminated against because John Stucin doesn't like him. Bass assured Brisard that the process was being conducted fairly, and clarified the concept of a limited-time special permit.

Bass advised Brisard to revise his plat to include the well, electric, and outside lighting. Bass also noted that the trails pass about 125 feet from the shale mine on the property, and suggested Brisard mark the mine. Brisard will be put on the August 1 meeting agenda. Stucin returned to the meeting table.

Tony Gambino - Site plan modification, Java Joz Coffee shop - 5438 St. Hwy. 28 (#131.00-1-1.00)

Donna Borgstrom read aloud the minutes of June 6 relevant to this application. Applicant Tony Gambino, accompanied by engineer Hans deWaal, submitted a site plan application, an engineering site plan, a short environmental assessment form (EAF), and a letter from the New York state Department of Transportation, which acting Chairman John Phillips read aloud.

Phillips completed the Planning Board section of the EAF with the members' input. John Stucin moved to declare a negative declaration under the New York State Environmental Quality Review Act (SEQRA) and authorize the acting chairman to sign the form. Donna Borgstrom seconded the motion, it was approved, 4-0, and Phillips signed the EAF.

After Chairman Bass arrived and was brought up to date, he advised the Board that it had erred in the SEQR decision. Lin Vincent moved to rescind the previous motion. Stucin seconded the motion and it was approved, 5-0. Phillips then moved to deem this a Type II action under SEQRA Section 617.5 (7), requiring no further action. Borgstrom seconded the motion and it was approved, 5-0.

Chairman Bass noted that the shed must be at least ten feet from the Kirn's property. Gambino was advised to submit a list of neighbors within 200 feet, with their addresses.

Stucin moved to deem the application complete, contingent on the address list being submitted by July 18, and to schedule a public hearing for August 1. Borgstrom seconded the motion and it was approved, 5-0

Eileen & Jim Burda (Hans deWaal) - Site plan review, expansion of structure within 100 feet of Canadarago Lake - 165 Marble Road (#52.08-1-32.00)

Engineer Hans deWaal submitted a letter authorizing him to represent the applicant, $25 cash covering the site plan application fee, and various drawings and photos, which were reviewed by the Board. Bill Deane noted that the Zoning Board of Appeals (ZBA) had held a public hearing on this application on June 20, but no one from the public had appeared, and the variances were granted. He also noted that form-letters of support for the project, signed by all of the neighbors within 200 feet, were in the file.

John Phillips moved to deem this a Type II action under SEQRA Section 617.5 (9), requiring no further action. Donna Borgstrom seconded the motion and it was approved, 5-0.

Borgstrom moved to deem the application complete and to waive the public hearing, in view of no negative comments at the ZBA public hearing. Lin Vincent seconded the motion and it was approved, 5-0.

Borgstrom moved to approve the site plan. John Phillips seconded the motion and it was approved, 5-0. Chairman Bass stamped the site plan "approved" and signed it.

Eliot Helfand - Sewage disposal replacement system within 100 feet of Canadarago Lake - 222 Bibik Road (#52.11-1-38.00)

Engineer Hans deWaal represented the applicant, who is replacing a septic system within 100 feet of Canadarago Lake (not covered by the Town's Memorandum of Understanding). DeWaal paid $25 cash to cover the site plan application fee. The Board examined the application and drawings submitted.

John Phillips moved to waive the survey requirement, since the project represents the replacement of an existing system, and will not impact any property boundaries. Lin Vincent seconded the motion and it was approved, 5-0.

Phillips moved to waive the public hearing, since the system is underground, is an improvement, and won't adversely impact the neighbors or Lake. John Stucin seconded the motion and it was approved, 5-0.

Stucin moved to approve the site plan. Donna Borgstrom seconded the motion and it was approved, 5-0. Chairman Bass stamped the site plan "approved" and signed it.

Jeffrey Salinger - Sketch plan conference, minor subdivision -State Highway 205 (#112.00-1-25.00)

Jeffrey Salinger submitted a letter from Judy Hortubise, who has contracted to sell the 21.4-acre property to him, authorizing him to represent her in the application process. Salinger wants to subdivide the property into four parcels of 7.9, 5.3, 4.3, and 3.9 acres, respectively, and then build large single-family houses on each lot. He submitted a map delineating the proposed lots.

The Board referred to Land Use Law Sections 5.1 and 5.2, noting that each lot would easily meet the acreage and road frontage minimums.

Chairman Bass itemized things the applicant would need to provide the Board:

a.. A courtesy copy of any covenants or easements.
b.. A survey showing the boundary lines of each parcel, and showing such things as streams, utilities, and notable features.
c.. Perc tests done by a licensed engineer for each parcel.
d.. The name of the subdivision.
e.. A scale on the map.
f.. Ten-foot contour lines.
g.. A list of adjoining property owners and their addresses.
h.. A Mylar and three paper copies of the plat.
i.. $525, covering the $175 fee for each new lot created.
Salinger asked to be put on the August 1 agenda, and said he would notify the Board by July 25 if he would not be ready.

Phil Oltz - Site plan review, installation of foundation, well, and sewage disposal replacement system within 500 feet of Otsego Lake - 6543 State Highway 80 (#84.08-1-26.00)

Phil Oltz, accompanied by engineer Hans deWaal, submitted a site plan application, $25 cash to cover the fee, drawings, and photos.

The Board first discussed whether this constituted replacement-in-kind, in which case it would not need site plan review. The consensus was that it was an expansion, requiring review.

DeWaal requested that the survey requirement be waived, in lieu of the contour survey submitted. Lin Vincent moved to waive the survey requirement, since the footprint of the building would not be increased, and a contour survey was provided. John Phillips seconded the motion and it was approved, 5-0.

Donna Borgstrom moved to deem the project a Type II action per SEQRA Section 617.5 (9). Vincent seconded the motion and it was approved, 5-0.

Borgstrom moved to deem the application complete and schedule a public hearing for August 1. Vincent seconded the motion and it was approved, 5-0.

Emily Wright/Deborah Kantor - First lot split (Portabello's Too!) - St. Hwy. 28 (#97.60-2-4.42)

Chairman Bass explained that the Kantors had finally acquired the Emily Wright property for their proposed "Portabello's Too!" establishment. Wright had not filed the lot split plat with the County. The Kantors have submitted a survey plat, which needs to be reviewed by Attorney McGown. Bass will contact McGown and, upon her approval, he will sign the plat.

Raymond & Teresa Bader - Site plan review, replacement of residence within 100 feet of Otsego Lake - 6834 State Highway 80 (#69.44-1-35.00)

This application was added to the agenda due to time constraints of the applicants. Raymond and Teresa Bader's house within 100 feet of Otsego Lake had burned down in March. By terms of their All-State insurance policy, they must rebuild it by December 17. Engineer Hans deWaal, representing the applicants, submitted a check for $25 to cover the site plan application fee.

Zoning Enforcement Officer Miller noted that the applicants never got a demolition permit. The Board noted that they would probably need ZBA variances before rebuilding.

The Board reviewed the various documents submitted. Chairman Bass said that the septic system design and placement should be designated on the plat.

Lin Vincent moved to deem the application complete, contingent on the septic system information being submitted by July 18, and to schedule a public hearing for August 1. John Stucin seconded the motion and it was approved, 5-0.

OTHER BUSINESS

Chairman Bass reported briefly on the Otsego Lake Association meeting held on June 17. Among those in attendance was the Springfield Town Planning Board Chairman, who suggested that local Planning Board Chairmen meet to discuss procedures.

Chairman Bass gave a progress report on the Comprehensive Plan Committee. He said subdivision regulations have emerged as the key issue.

Chairman Bass discussed the Huntington application which came before the Board last year. Huntington had been granted a special permitted use for a bed-and-breakfast, but he is now using the establishment as a weekly rental place. Recent guests had created a disturbance to the point that Bass had to call the sheriff (who said there was nothing he could do) and file a complaint with the Town about violation of the special permit. The Land Use Law states that not more than five people can reside in a single-family dwelling, unless they are related, but this law is neither being adhered to nor enforced. Bass feels the law should be amended to help prevent situations like the one he encountered. John Phillips and Mike Miller offered input to the discussion. Bass said he planned to attend the July 12 Town Board meeting to voice his concerns.

Lin Vincent noted that Otsego 2000 and other agencies were involved in the wind turbine discussion, and the Planning Board had been invited to be kept informed as an "interested party." The Board is to let them know by July 28. Chairman Bass said he would bring this up during the July 12 Town Board meeting.

Bill Deane wondered what ever happened to the Planning Board checklist the Board had drafted earlier this year, and which would have been helpful tonight. Chairman Bass suggested the Board revisit this during the August 1 meeting.

Bill Deane noted that he had spent 1½ hours copying applications and other documents to mail to Planning Board members, to make the meeting go smoother; yet, many members seemed to be looking at the documents for the first time during the meeting. He asked whether he should continue copying and mailing the documents ahead of time. The consensus was that Deane mail only copies of the site plan and/or survey for each new application.

Zoning Enforcement Officer Miller asked some general questions, which were answered to his satisfaction.

With no further business, at 10:43, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk