Minutes - August 2, 2005

Acting Chairman Paul Lord called the public hearings to order at 7:31 PM.

PUBLIC HEARINGS

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

Dorothy Schrull, representative for Lady Ostapeck, described the proposed subdivision. Acting Chairman Lord asked if anyone from the public had any questions or comments. Gary Goodwin, describing himself as a neighbor of the property, had questions about the subdivision, and expressed concerns about the increasing population density of the area. With no further public comment, Donna Borgstrom moved to close the public hearing. John Phillips seconded the motion and it was carried, 5-0.

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

Raymond Key described his proposed subdivision. Acting Chairman Lord asked if anyone from the public had any questions or comments. Neighbors Peter and Vivian Clark and Deb Sentochnik asked questions about the size of and access to the new lots. The Clarks expressed concerns about the overall density of the Pierstown area, and recalled past water shortage problems in that area. Lord pointed out that the lot sizes are well within the Land Use Law, thus that concerns about density should be addressed to the Town Board, not the Planning Board. Bill Deane noted that two public hearing notices sent to neighbors, using addresses supplied by the applicant, had been returned: ones addressed to the Upstate Home ("no such number") and to Roman Pachulski ("forwarding time expired"). With no further public comment, John Phillips moved to close the public hearing. John Stucin seconded the motion and it was carried, 5-0.

REGULAR MEETING

Acting Chairman Paul Lord called the monthly Town of Otsego Planning Board meeting to order at 7:46 PM. Members present were Lord (vice Chairman), John Stucin, Donna Borgstrom, Wes Ciampo, and John Phillips. Members absent were Jonathan Bass (Chairman) and Lin Vincent. Also present were Town Attorney Margaret McGown, Zoning Enforcement Officer Sal Furnari, and Planning Board clerk Bill Deane.

The Board referred to the minutes of July 5, 2005, mailed to the members. John Stucin moved to approve the minutes as written. Donna Borgstrom seconded the motion and it was carried, 5-0.

Zoning Enforcement Officer Furnari reported on his position. He alerted the Board about two cell tower applications that they soon would be reviewing.

Acting Chairman Lord reviewed correspondence received since the last meeting:

· A letter from Joe Siracusa of the Farmers' Museum, thanking the Board for their support of his application earlier this year, and giving a progress report on the museum's projects.

· A copy of a notice from the Town Zoning Board of Appeals (ZBA), granting an area variance to John Tedesco to build a second principal dwelling on his 5.98-acre lot.

· A July 19 letter from Village of Cooperstown Mayor Carol Bateman Waller, describing the Village's plans to improve and expand the trolley parking lot on Linden Avenue, and to work with the Planning Board in the process. Lord remarked on work they have already done contradictory to Town law and without Planning Board involvement, and said that this would be addressed during "other business" at the end of the meeting.

With no further business or correspondence, acting Chairman Lord moved on to applications.

APPLICATIONS

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

John Phillips read the minutes of the July 5 meeting relevant to this application. Dorothy Schrull said that she had asked prospective buyer John Penola to send his driveway plans, in response to the Board's concerns about the placement (visibility) of a driveway in that lot, but Penola had not done so. The Board reiterated their concerns about the driveway, with input from Town attorney McGown and Zoning Enforcement Officer Furnari. Schrull suggested that visibility would not be such an issue if the speed limit there were enforced. The consensus of the Board was that they wanted to see County approval of a proposed driveway for that lot before approving this application.

Bill Deane reminded the Board that they had deemed the application complete at the July 5 meeting, and prospective buyer Barbara Lyon asked that the minutes be reread to verify that. John Phillips did so. Acting Chairman Lord said that the Board had to issue a decision within 62 days of the application's being deemed complete, or by September 5; since the next scheduled meeting is September 6, something had to be done tonight. Lord said that the Board could issue a decision tonight, but that it may not be favorable, and then the application process would have to start all over. With only five of the seven Planning Board members present, two votes against the application would defeat it. Lord suggested that Schrull "stop the clock" on the application decision, giving her time to resolve the driveway issue. The application was adjourned until later in the meeting, giving Schrull a chance to contact the applicant and make a decision.

The Board returned to this application after applicant Lady Ostapeck had been called in. The Board explained the issue, and asked Ostapeck whether she wanted to waive the 62-day limit on a decision, or force a vote on the application tonight. Ostapeck agreed to waive the 62-day limit and return for the September 6 meeting with documents to satisfy the Board. John Stucin, referring to Town of Otsego Land Subdivision Regulation 3.1 (b), moved that the applicant submit a written permit from the County, delineating driveway access for lot "A," with dimensions, on the subdivision plat. Donna Borgstrom seconded the motion and it was approved, 5-0.

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

John Phillips read the minutes of the July 5 meeting relevant to this application. Acting Chairman Lord referred to Section 4.5 (a) and (d) on page 14 of
the Town of Otsego Land Subdivision Regulations, specifying that an applicant cannot subdivide a lot into parcels which are not buildable. Lord was concerned about the potentially steep driveway grades on some of the proposed lots.

John Phillips said that he didn't think this issue was within the Planning Board's purview. Town Attorney McGown agreed, saying it was a Zoning Enforcement Officer issue.

John Stucin moved to grant preliminary approval of the Key Land-Huff Road Major Subdivision. John Phillips seconded the motion and it was carried, 4-1, with Paul Lord opposed. Key asked whether the second public hearing required for a major subdivision could be waived. Donna Borgstrom moved to waive the second public hearing in light of the lack of interest at tonight's hearing. Phillips seconded the motion and it was carried, 5-0. Stucin moved to grant final approval of the subdivision. Borgstrom seconded the motion and it was carried, 4-1, with Lord opposed.

Acting Chairman Lord stamped the plat "approved" and signed it. Key submitted a check for $1,225 (seven lots at $175 per lot), to be delivered to the Town Clerk.

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

John Phillips read the minutes of the July 5 meeting relevant to this application. Richard Votypka asked why his public hearing scheduled for tonight had been cancelled. Bill Deane explained that the public hearing was scheduled contingent on Votypka's submitting certain documents by July 19, and he had not done so. Votypka said he submitted the documents on July 21.

Votypka asked whether he had to wait for site plan approval before making safety repairs to his existing driveway and sidewalk. John Stucin moved to allow Votypka to make necessary repairs to the driveway on the west side of the building and the sidewalk along State Highway 28. Donna Borgstrom seconded the motion and it was carried, 5-0.

The Board reviewed the documents Votypka submitted. John Stucin repeated his questions about the contours of the proposed parking lot, specifically spaces #16 and 25. Acting Chairman Lord said he felt that the erosion control plans were not detailed enough. Donna Borgstrom noted that no construction sequence plans had been submitted. Contractor Tom Swatling offered some answers.

After a withdrawn motion by John Phillips, Donna Borgstrom moved to deem the application complete and schedule a public hearing for September 6, contingent on the applicant's providing construction sequence details and engineering detail on erosion control plans to the Town by August 23. Phillips seconded the motion and it was carried, 5-0.

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

John Phillips read the minutes of the July 5 meeting relevant to this application. Nick Kartalis submitted documents which were reviewed by the Board. Acting Chairman Lord completed the Planning Board's section of the short-form Environmental Assessment Form (EAF) with the Board's input.

John Stucin moved to declare a negative declaration and authorize the acting Chairman to sign the EAF. John Phillips seconded the motion, it was carried, 5-0, and Lord signed the EAF. Phillips moved to deem the application complete and schedule a public hearing for September 6. Wes Ciampo seconded the motion and it was carried, 5-0.

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 the applicant. John Phillips read the minutes of the July 5 meeting relevant to this application. The Board reviewed documents received since the last meeting. Acting Chairman Lord completed the Planning Board's section of the short-form EAF with the Board's input.

John Stucin moved to declare a negative declaration and authorize the acting Chairman to sign the EAF. Donna Borgstrom seconded the motion, it was carried, 5-0, and Lord signed the EAF. deWaal asked if the public hearing could be waived, but the Board was not inclined to do so. Stucin moved to deem the application complete and schedule a public hearing for September 6. John Phillips seconded the motion and it was carried, 5-0. deWaal submitted a check for the $25 application fee, to be delivered to the Town Clerk.

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

Bill Deane read the minutes (not yet approved) of the July 19 ZBA meeting relevant to this application. The Planning Board had sent the Kantors to the ZBA for an area variance for the tables, which are placed within the setback limits. The ZBA had ruled that no variances were needed for tables.

After brief discussion, John Phillips moved to modify the site plan, removing the time limits (currently Memorial Day through Labor Day) for the use of the tables, chairs, and umbrellas. Wes Ciampo seconded the motion. Acting Chairman Lord said that he would prefer the Board specify the permissible dates, noting that it would not be a good idea to have the furniture out in wintertime. Discussion followed but the motion was not amended, and it was carried, 5-0.

Mark Kantor then asked the Board some informal questions about another project, a catering hall the Kantors are planning to build on State Highway 28. The Board expressed some concerns about parking.

Bob Schlather - Swing first lot split/Harrell subdivision

No one appeared on behalf of these issues.

Richard Brady - Site plan review, enclosed porch within 500 feet of Otsego Lake - Marble Road, Richfield Springs (#52.08-1-9.00, et al)

Engineer Hans deWaal represented the applicant. Bill Deane read the minutes (not yet approved) of the July 19 ZBA meeting relevant to this application. Acting Chairman Lord asked what they were doing to mitigate the impact of increased impervious surface so close to Lake Canadarago, and had specific questions about the gutters, drainage, etc. Lord completed the Planning Board's section of the short-form EAF with the Board's input.

John Phillips moved to declare a negative declaration and authorize the acting Chairman to sign the EAF. Donna Borgstrom seconded the motion, it was carried, 5-0, and Lord signed the EAF. deWaal asked if the public hearing could be waived. Borgstrom moved to deem the application complete and waive the public hearing in view of the hearing held by the ZBA on June 21. Phillips seconded the motion and it was carried, 5-0. John Stucin moved to approve the site plan as submitted. Borgstrom seconded the motion and it was carried, 5-0. Lord stamped the application "approved" and signed it. deWaal submitted a check for the $25 application fee, to be delivered to the Town Clerk.

James & Katherine Sullivan - Site plan approval, addition to existing camp within 500 feet of Otsego Lake - Lake Shore Drive, Cooperstown (#69.44-1-33.00)

James Sullivan was present, as was his contractor, Jim Rogers. Bill Deane read the minutes (not yet approved) of the July 19 ZBA meeting relevant to this application, and reported on the June 21 public hearing held by the ZBA.

Acting Chairman Lord asked what they were doing to mitigate the impact of increased impervious surface so close to Lake Otsego. Rogers said there was a hand-dug ditch with crushed stone in place, but Lord was not convinced this was sufficient. Lord also asked whether they had considered landscaping, and was told there was already landscaping in place. Zoning Enforcement Officer Furnari expressed his opinion that the landscaping was sufficient, with block retaining walls that Rogers built. John Phillips said that it sounded as if there was a good system in place already, and it shouldn't need to be improved to accommodate this small addition.

The Board went through the site plan review. A simple exterior showed a 60-watt shielded light on the new construction. John Stucin moved to waive the survey and five-foot contour requirements, saying they were not necessary. John Phillips seconded the motion and it was carried, 5-0.

John Phillips moved to deem the application complete. Wes Ciampo seconded the motion and it was carried, 4-1, with Lord opposed. Lord completed the Planning Board's section of the short-form EAF with the Board's input. Phillips moved to declare a negative declaration and authorize the acting Chairman to sign the EAF. Donna Borgstrom seconded the motion, it was carried, 5-0, and Lord signed the EAF. Phillips moved to waive the public hearing, in light of the hearing held by the ZBA, and approve the site plan. Borgstrom seconded the motion and it was carried, 5-0. Lord stamped the application "approved" and signed it. Sullivan submitted a check for the $25 application fee, to be delivered to the Town Clerk.

Joslin-Hastings Trust - Sketch plan conference, addition to existing structure within 500 feet of Otsego Lake - State Highway 80, Cooperstown (#69.36-2-19.00)

Virginia Joslin-Hastings was present, as was her contractor, Jim Rogers. Bill Deane read the minutes (not yet approved) of the July 19 ZBA meeting relevant to this application, and reported on the ZBA's public hearing on June 21. The ZBA had expressed concerns about the design of the building not fitting in with the "character of the neighborhood," and asked the applicant to go before the Planning Board before the ZBA ruled on his application for an area variance.

The Planning Board reviewed the applicant's documents. The proposed addition is approximately 500 square feet and is designed to preserve an existing camp. Joslin-Hastings asked just what is meant by "character of the neighborhood." Zoning Enforcement Officer Furnari noted that he had visited the site, but the ZBA members hadn't; Furnari feels the proposed addition does fit in with the character of the neighborhood.

After discussion, the Planning Board reached a consensus that they had no problems with the proposed building's concept and no concerns with the sketches provided. While the addition is non-conventional, it does not set off any alarms with the Planning Board.

The Board advised Rogers to work with Zoning Enforcement Officer Furnari in completing the site plan application requirements.

OTHER BUSINESS

Since neither Lin Vincent nor Jonathan Bass were present, the Board skipped the agenda items on the potential Land Use Law revision concerning the definition of "service trade establishment," and the new Land Use District map.

Acting Chairman Lord reminded the Board that two proposed Land Use Law changes will be going to public hearing during the August 10 Town Board meeting. Of particular concern was the one on elderly housing and facilities, which many of the Board feel is not specific enough in dealing with such things as age requirements. Only John Stucin said that he would be able to attend the August 10 meeting, but he expressed discomfort about speaking on behalf of the Planning Board. He asked members to phone him with any concerns they wanted relayed to the Town Board.

Town Attorney McGown brought up Mayor Waller's letter, referred to earlier in the meeting. She said that Zoning Enforcement Officer Furnari will issue notices of violation to the property owner (Cooperstown Central Schools) and the lessee (Village of Cooperstown), giving them one week to rectify the situation. If they do not comply, they will be formally cited to appear before the Town Court. The Planning Board can't do anything at this point.

Zoning Enforcement Officer Furnari discussed the John Schallert situation. Schallert had had a subdivision approved in 1989, but didn't file it with the County within 30 days, so the approval became null and void, per Land Subdivision Regulation 3.6 (a). He now plans to build on the subdivided lots. John Stucin said that Schallert would have to file a new application and conform to the current Land Use Law and Land Subdivision Regulations.

At 11:36 PM, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk