Town of Otsego Planning Board

Minutes - August 1, 2006

PUBLIC HEARINGS

Tony Gambino - Site plan modification, Java Joz Coffee shop - 5438 State Highway 28 (#131.00-1-1.00)

Chairman Jonathan Bass called the public hearings to order at 7:31 PM. Bass briefly described the Tony Gambino project, and asked whether anyone from the public had comments or questions about it, but no one responded. Paul Lord moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 5-0.

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)

Chairman Bass briefly described the Phil Oltz project, and asked whether anyone from the public had comments or questions about it, but no one responded. Donna Borgstrom moved to close the public hearing. Paul Lord seconded the motion and it was approved, 5-0.

Raymond & Teresa Bader - Replacement of residence within 100 feet of Otsego Lake - 6834 State Highway 80 (#69.44-1-35.00)

Chairman Bass briefly described the Bader project, and asked whether anyone from the public had comments or questions about the Bader application, but no one responded.

Bass also read aloud a letter (filed) received from neighbor Susan Hughson. During the July 18 meeting of the Town Zoning Board of Appeals, the ZBA had
waived their public hearing and granted the area variances sought, contingent on no adverse comment, or request for a separate ZBA hearing, during tonight's Planning Board meeting. Hughson objected to the ZBA's actions and raised several concerns she had about the project, but concluded that she was not lodging a formal request, and that she wished the Baders well. [Note: On August 2, Planning Board Clerk Bill Deane phoned Hughson, who made it clear that she was not requesting a separate ZBA hearing.]

Donna Borgstrom moved to close the public hearing. John Stucin seconded the motion and it was approved, 5-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:40 PM. Board members present were Bass, Paul Lord (Vice-Chairman), John Stucin, Donna Borgstrom, Wes Ciampo (who arrived after the public hearings), and Lin Vincent. John Phillips was absent. Also present were Planning Board Attorney Margaret McGown and Zoning Enforcement Officer Mike Miller. Lin Vincent took minutes in absence of Planning Board Clerk Bill Deane.

The Board referred to the minutes of the July 11, 2006 meeting, mailed to the members. Chairman Bass asked some questions about the sequence of events of that meeting, since he had missed part of it. Borgstrom moved to approve the minutes as mailed. Vincent seconded the motion and it was approved, 6-0.

Zoning Enforcement Officer Miller reported on his last month's activity, distributing a summary (filed) of three land use permits issued, plus a few other matters of interest to the Board.

Chairman Bass reviewed correspondence received since the last meeting. There were two letters (July 21 and 26) from the New York State Department of Transportation (DOT), about a meeting scheduled for August 17, regarding construction in State rights-of-way along State Highway 80. Bass said he planned to attend, and asked other members to let him know if they also planned to go. Bass also noted that the letter of notification of a public hearing, sent to Mang Building Corp. (listed by Tony Gambino as a neighbor), was returned by Mang with a note, "Mang Insurance received this in error."

The Board moved on to applications. Because the first applicant, Troy Brisard, was not yet present, he was ultimately moved to the end of the agenda.

APPLICATIONS

Tony Gambino - Site plan modification, Java Joz Coffee shop - 5438 State Highway 28 (#131.00-1-1.00)

Paul Lord read aloud the minutes of July 11 relevant to the application. It was noted that the public hearing had been held without comment, and that Gambino had submitted the neighbors' addresses as requested. Gambino noted that the site plan was revised, moving the shed further (ten feet) from the Kerns property boundary.

Donna Borgstrom moved to approve the site plan as amended. Lin Vincent seconded the motion and it was approved, 6-0. Chairman Bass stamped the site plan "approved" and signed it.

Jeffrey Salinger - "Deerwood" minor subdivision -State Highway 205 (#112.00-1-25.00)

Paul Lord read aloud the minutes of July 11 relevant to the application. Applicant Jeffrey Salinger (DBA Preserving Place, LLC) submitted a check for $525 in payment for the minor subdivision: three new lots at $175 each.

Salinger said that he had closed on the property purchase yesterday, that he was calling his subdivision "Deerwood," and that he had adjusted the proposed lot sizes to approximately 7, 7, 4, and 4 acres, respectively. He submitted a topographical map with ten-foot intervals, noting a culvert and utilities (Verizon). Salinger also submitted preliminary perc test results for three of the four lots, and a list of deed restrictions, including ones from former owner Hortubise.

Chairman Bass discussed the New York State Environmental Quality Review Act (SEQRA), particularly #10 on page 8, in relation to this application. He said that, with only about 21 acres contiguous to at least 100 acres of State land, the property is within the 25% threshold allowed in unlisted actions. The consensus of the Board was that this is an unlisted action.

Bass completed the Planning Board section of the short Environmental Assessment Form (EAF) with the Board's input. Salinger noted that the correct acreage is 21.87. Wes Ciampo moved to declare a negative declaration and authorize the Chairman to sign the form. Donna Borgstrom seconded the motion, it was approved, 6-0, and Bass signed the EAF.

Salinger said that the DOT advised him they would sign off on driveways, one at a time, after the application was finalized. The consensus of the Board was that any approval they granted on the driveways should be subject to approval by the DOT.

Paul Lord moved to deem the application complete, and to schedule a public hearing for September 5, contingent on Salinger's submitting a complete list of neighbors within 200 feet and their addresses, and a modified plat showing the perc test for lot #3, by August 15. Borgstrom seconded the motion and it was approved, 6-0.

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)

Paul Lord read aloud the minutes of July 11 relevant to the application. Engineer Hans deWaal said that there had been no changes to the site plan, that the project was similar to one (Cicoria's) approved two doors away, and that the drainpipe and sewage system were in place. No ZBA variance was required as there is no change to the footprint.

Donna Borgstrom moved to approve the site plan. Paul Lord seconded the motion and it was approved, 6-0. Chairman Bass stamped the site plan "approved" and signed it.

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

Paul Lord read aloud the minutes of July 11 relevant to the application. Engineer Hans deWaal said that the demolition permit had been obtained, and addressed Susan Hughson's letter. DeWaal said that there is about 70 feet between the two houses, and the 12-foot variance was to build a handicap-accessible, seven-feet-wide porch for the Raymond Bader's sister. Lord said that he thought the porch could be made smaller while still permitting wheelchair access.

DeWaal described the new septic system. It includes a 3,000-gallon tank, gravity-fed (similar to Hughson's), and covered by a sand-box, with about six inches of it above ground. The Watershed Committee signed off on it. DeWaal also said there would be landscaping in a 40-by-40-foot area behind the wall.

Lord moved to approve the site plan, with the modification that the porch width be reduced to five feet on the north and south sides. Lin Vincent seconded the motion and it was approved, 6-0. DeWaal adjusted the site plan accordingly, and Chairman Bass stamped it "approved" and signed it.

Rons & Janis Pence - Sketch plan conference, replacement of deck within 100 feet of Canadarago Lake - 198 Bibik Road (#52.11-1-28.01)

Siblings Rons and Janis Pence want to replace an existing deck with one slightly larger (two feet wider in each direction) on a residence 58 feet from Canadarago Lake. They have been granted area variances by the ZBA.

The Board examined documents the Pences had submitted to the ZBA, including a survey and a list of neighbors within 200 feet. They said there would be no new lighting. Paul Lord said that the Pences should try to mitigate any impact on the Lake, such as installing a gravel trench to catch water runoff, and/or hay bales for erosion control. They were agreeable to that.

Chairman Bass directed the Pences to Section 8.04 of the Land Use Law (site plan requirements). He asked them to provide the following in time for the September 5 meeting: a site plan showing the deck's dimensions, with descriptions of landscaping and erosion control measures; description of uses of the property; estimate of the time the project will take to complete; and the EAF completed in ink. Bass advised the Pences to work with Zoning Enforcement Officer Miller in completing this list. Bass also pointed out that, if the size of the deck remained unchanged, the Pences would not need to go through the Planning Board process.

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

John Stucin excused himself from the Board proceedings and moved to the public seating area. Paul Lord read aloud the minutes of July 11 relevant to the application. Attorney McGown said that neither the liability insurance nor the dual usage issues raised at the last meeting should be the Board's concerns. She said that if Brisard violated a state law with the dual usage, it would be up to the State to enforce it. Applicant Troy Brisard reiterated that he would not be having trail rides at the same time snowmobiling was being done.

The Board examined the revised plat. Chairman Bass asked about special events which might be held, possibly drawing large amounts of people to the property. Brisard said that he hadn't yet planned any special events, but couldn't rule out that possibility. The Board discussed implementing vehicle limitations and requiring a review of the special permit after a specified length of time.

Donna Borgstrom moved to approve the site plan. Wes Ciampo seconded the motion and it was approved, 5-0. Brisard submitted $25 in payment of the site plan application fee. Chairman Bass stamped the site plan "approved" and signed it.

Paul Lord moved to approve the special permitted use with the following provisions: a limit of 40 vehicles on the property at one time; a limit of 48 hours for the parking of any "people trailers"; and the permit to be renewed after two years. Borgstrom seconded the motion and it was approved, 5-0.

OTHER BUSINESS

Doug Greene, a new resident of the Town (Pierstown Road), introduced himself. He is a landscape architect/planner, and plans to start a business offering those services. He attended tonight's meeting to get an idea how things work in the Town.

Attorney McGown said that she had examined the survey plat and clarified the issues involving the "Portabello's Too!" property owned by the Kantors. It is considered one lot for taxation and zoning regulation purposes. Per last month's decision and McGown's approval, Chairman Bass signed the Mylar as a first lot split.

The Board discussed the Planning Board checklist, which they had drafted earlier this year. Zoning Enforcement Officer Miller said he would revisit it and be ready to discuss it further at the September 5 meeting.

Chairman Bass and Paul Lord discussed the Comprehensive Planning Committee. Bass referred to the minutes of that committee's July 17 meeting. Subdivision density is the key topic: the environmental impacts of having lot sizes too small (without considering slopes, wetlands, etc.), and too many families per acre. Nothing has actually been resolved as yet.

Chairman Bass brought up the topic of a potential revision to the "short-term rental" language in the Land Use Law. Bass read aloud a letter from John Phillips, asking that the Board postpone discussion on this issue, since he would not be present. Phillips noted that he had been active in Town Board and workshop discussion on this topic, thus would be valuable to the Board's debate, and that "It is already too late to do anything this summer . so we have plenty of time to have productive discussion." Bass said he thought the Board should think about requiring special permits for short-term rentals. Discussion followed, including the topics of fire safety and the definition of "short-term rentals."

Paul Lord said he felt the Board wasn't being diligent enough about enforcing subdivision regulations, including the placement of driveways with regard to slopes. He believes that the increase of impervious surfaces was a contributing factor to the June flooding disaster in the area.

Attorney McGown announced that she is retiring effective December 31, and said that she had also informed Town Supervisor Tom Breiten. Paul Lord asked her to make a recommendation for her successor.

Chairman Bass discussed the possibility of Planning Board members being paid for their services. The Board continues to have an increasing workload, and Bass has discussed this with Supervisor Breiten, with a suggested figure of $50 to $100 per month per member. Bass asked the members to think about this and be prepared to discuss it at the next meeting.

With no further business, at 10:13, Chairman Bass moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk