Minutes - August 3, 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, John Phillips, John Stucin, Lin Vincent, Wes Ciampo, and Donna Borgstrom; absent was Paul Lord (vice chairman). Also present were Zoning Enforcement Officer Jane Berry (acting as secretary) and Town Attorney Margaret McGown.

The Board reviewed the minutes of the July 6 meeting, prepared by Bill Deane and distributed or mailed to the members. Two revisions were suggested: to strike " prior to tonight's meeting" from page 1, paragraph 2; and to change "tonight's Planning Board meeting" in "Other Business," paragraph 2, to "this month's Town Board meeting." John Stucin moved to approve the minutes as revised. The motion was seconded by Donna Borgstrom and carried unanimously.

Zoning Enforcement Officer Jane Berry gave a report on her position. There has been a lot of activity, including the issuance of six permits, and numerous meetings regarding potential projects, many dealing with major or minor subdivisions of land. The Zoning Enforcement Officer has established a positive relationship with the County Codes Office, and the permit process has been timely and cooperative. Upon completing her report, Berry answered questions from the Board members.

Chairman Bass reviewed correspondence received since the last meeting:

* A flier on the New York Planning Federation's annual Planning & Zoning Conference to be held in Lake Placid, NY, September 19-22, 2004.

* A letter from the Army Corps of Engineers regarding projects and the issuance of permits. This triggered discussion of what exists to denote federal wetlands and jurisdiction. Zoning Enforcement Officer Jane Berry will distribute copies of the letter at the next meeting.

These items will be filed in the Planning Board's "general correspondence" file. With no further reports or correspondence, Chairman Bass moved on to agenda applications.

AGENDA APPLICATIONS

Nettie Jean Scarzafava - Site plan approval, replacement of residence within 100 feet of Otsego Lake - State Highway 80 (#69.60-1-17.00)

No one appeared on behalf of this application.

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

Attorney Robert Schlather represented Ms. Harrell. Schlather said he did not yet have a map to present to the Board, and asked to be removed from the August 3 meeting agenda and added to the September 7 meeting agenda.

Karen Morosko - Site plan approval, addition to existing structure within 500 feet of Otsego Lake - 125 Parshall Road, Cooperstown (#84.08-1-22.00)

Karen and Joe Morosko were present, as was their architect, Susan Snell. There is no existing survey, but the applicants submitted a site plan including an aerial photo with scale drawings. The applicant wants to begin expansion construction in the fall of 2004 on lots #3, 4 and 5 of the submitted drawing, combining a portion of #4 with #3. The current and proposed uses are addressed on the application, and preliminary plans were presented. There will be no new roads, traffic patterns, or signs, and the landscaping will remain the same. The exterior lighting and the construction sequence will be shown on the building plans. The applicant will provide the names and addresses of property owners within 200 feet of the property boundaries.

Planning Board members asked questions of the applicant and architect, and reviewed the documentation at length. Zoning Enforcement Officer Jane Berry noted that the plan is before the Board only because the construction is within 500 feet of Otsego Lake; it meets all other set-back and dimensional requirements. Other permits needed include the building permit from the County Codes Enforcement Office (because the expansion is within 500 feet of a State Highway), and the Environmental Assessment/State Environmental Quality Review Act (EA/SEQRA).

John Phillips moved to waive the survey in lieu of a more-detailed site drawing showing the septic system, well, utility lines, roof drainage details on renderings/drawings, and existing drainage specifications. Wes Ciampo seconded the motion and it was carried unanimously.

Town Attorney Margaret McGown noted that the project came under SEQRA 617.5-C9 as a Type II action. John Stucin moved to deem the proposal a Type II action. John Phillips seconded the motion and it was carried unanimously.

John Phillips moved to deem the application complete, contingent upon the stated provisions being addressed and supplied to the satisfaction of the Zoning Enforcement Officer, and to schedule a Public Hearing for the September 7, 2004 Planning Board meeting. The motion was seconded by Donna Borgstrom and carried unanimously.

Frank "Sonny" Kukenberger - Sketch plan conference, minor subdivision of land - State Highway 28/80, Fly Creek (#114.00-1-45.02)

Sonny Kukenberger presented his plan to divide a nine-plus-acre parcel of land into two parcels, with road frontages of 450 and 185 feet, respectively. He was advised that he needed to provide the following: a perc test done by an engineer on the proposed newly-created four-plus-acre parcel; a new survey of the current parcel, delineating the subdivision into two parcels; a file map survey of the previous parent parcel (#114.00-1-45.01); a list of deed restrictions as applicable; the names and addresses of property owners within 200 feet of the property boundaries; and the existing driveway permit from the Department of Transportation. Kukenberger plans to return for the September 7 meeting.

Mary Winne - Minor division of property - 106 Johnston Road (#114.00-1-12.01)

Mary Winne was present, announcing that her proposed sale had fallen through, and she wished to proceed with her original application. Wes Ciampo 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. It was noted that the application had been deemed complete and that a Public Hearing had been held.

John Stucin moved to "restart the clock" on the project. The motion was seconded by John Phillips and carried unanimously. Stucin then moved to approve the minor subdivision as of August 3, 2004. The motion was seconded by Phillips and carried unanimously. Chairman Bass stamped the application "APPROVED" and signed it.

OTHER BUSINESS

Town Attorney Margaret McGown reported that, "eight phone calls later," there was nothing new on the Ray Key property.

Town Attorney Margaret McGown and Chairman Bass reported on the Otsego County Memorandum of Agreement (MOA) discussed at the previous meeting. The Town Board is requesting that County Planning Director Diane Carlton come and explain the MOA in greater detail.

Chairman Bass reported on the Board's proposed Land Use Law revisions, which have been presented to the Town Board. The Town Board is scheduling a Public Hearing on the issue for September 8, 2004. John Phillips suggested that the Planning Board draft a letter, formally conveying their unanimous agreement with the proposed revisions. However, the consensus of the Planning Board was that their members' attendance at the Town Board's meeting would carry more weight than a letter.

Zoning Enforcement Officer Jane Berry discussed the Community Block Grant/Small Cities Technical Assistance Grant she is applying for on behalf of the Town of Otsego. Berry explained the purposes of the grant, whose application is due by September 16, 2004, and asked the Planning Board to adopt a Resolution of Support for this application. After discussion, it was agreed that Berry would prepare a letter for the Planning Board members to sign at the September 7 meeting.

Town Attorney Margaret McGown reported that the Town has prevailed in the appeal made by Portabello's Restaurant (order in file). The decision indicated that new special permit items/conditions (the number of seats in a restaurant, the number of parking spaces, etc.) must be added to the body of the permit.

At 9:30 PM, John Stucin moved that the meeting be adjourned.

Respectfully submitted,

Bill Deane, Planning Board Clerk