Minutes - August 7, 2007

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:30 PM. Roll call was taken by Planning Board Clerk Bill Deane. Members
present were Lord, Donna Borgstrom (Vice-Chairman), John Stucin, Wes Ciampo, John Phillips, and Joe Galati. Planning Board Attorney Jim Ferrari was also present. Member
Doug Greene was absent.

The Board referred to the minutes of July 3, 2007, mailed to the members. Chairman Lord noted that, in the middle of page 1, "codes officers" should be "Zoning Enforcement
Officers," and near the top of page 2, "codes" should be "zoning enforcement." Borgstrom moved to approve the minutes as amended. Phillips seconded the motion and it was
approved, 6-0.

John Stucin asked to recuse himself from acting as a Planning Board member for the rest of the meeting, as his role as acting Zoning Enforcement Officer represents a
conflict of interest. Stucin left the meeting table and seated himself in the public section.

Chairman Lord distributed copies of Stucin's Zoning Enforcement Officer report (filed) for July-August. It listed two Planning Board applicants, four land use permits
issued, a complaint filed, and an update on the Midlakes Communication situation.

Chairman Lord reviewed correspondence received since the last meeting:

· A copy of a letter (filed) from acting Zoning Enforcement Officer Stucin to James Huntington, regarding Stucin's investigation of Jonathan Bass's complaint that
Huntington is not in compliance with his special permitted use.

· A July 9 letter (filed in "general correspondence") from FEMA, regarding the 2006 flooding, and the resultant ongoing reevaluation of the 100-year flood plan.

· Copies of the July/August 2007 issue of Talk of the Towns & Topics, distributed to members.

With no further correspondence, the Board moved on to applications.

Richard Butler - Site plan review, replacement of stairs and pump-house within 100 feet of Otsego Lake - 6735 State Highway 80 (#69.68-1-7.00)

Richard Butler explained his proposal to replace stairs and a pump-house on his property. He said it represented an "in-kind" replacement, using the exact
same footprints as the previous stairs and pump-house, which were ruined in 2006. Because the construction will be within 100 feet of Otsego Lake, site plan review is
required (Land Use Law, Section 4.04).

Butler submitted a tax map, site plan, environmental assessment form, and form-letters signed by each of his neighbors, none expressing opposition to the
project. He said he had received permits from the Department of Transportation and the Department of Environmental Conservation. He estimated construction to take between
three and four weeks. He asked for a waiver of the survey requirement.

The Board reviewed the site plan requirements listed in Section 8.04 of the Land Use Law. Butler annotated his site plan based on input from the Board.
Besides the survey, Butler's application lacks information on topographic contours and trees larger than six inches in diameter.

Donna Borgstrom moved to deem this a Type II action per New York State Environmental Quality Review Act (SEQRA), requiring no further review by the Board.
John Phillips seconded the motion and it was approved, 5-0.

Phillips moved to waive the requirements for a survey, information on topographic contours and trees larger than six inches in diameter, and a public
hearing, due to the replacement-in-kind nature of the project, and the fact that trees on the property are not located near the construction site. Borgstrom seconded the
motion and it was approved, 5-0.

Borgstrom moved to approve the site plan. Phillips seconded the motion and it was approved, 5-0. Chairman Lord stamped the site plan "approved" and signed
it. Butler was advised to pay the acting Zoning Enforcement Officer $25 each for the site plan application and land use permit fees.

James Huntington - Special permitted use, bed & breakfast - 520 Glimmerglen Road (#83.00-1-33.01)

This was added to the agenda pursuant to the letter from acting Zoning Enforcement Officer Stucin, mentioned during "correspondence." Huntington was
granted a special permitted use for a bed & breakfast during the meeting of June 7, 2005, with a notice dated August 2, 2005. However, a site visit by Stucin indicated that
the property was not being used as a B&B. Huntington admitted that he had never really operated the property as a B&B despite his permit. He had decided instead to use the
property for short-term rentals, about which the Land Use Law is silent.

Chairman Lord advised Huntington that the special permitted use has thus expired under the Land Use Law, Section 7.03 (5): "A special permit . shall expire
if the special use shall cease for more than two years for any reason." He asked Bill Deane to draft a letter to Huntington that effect. Lord told Huntington that he could
reapply for a special permit at any time.

Huntington gave his opinion and version of the complaints lodged by neighbor Jonathan Bass.

It was noted that Huntington has a sign saying "Glimmerglen Lodge" on the property. If the sign measures six square feet or less, it is permissible under
Land Use Law, Section 5.05 (11).

OTHER BUSINESS

Richard Votypka asked, and was granted permission, to address the Board about the Marie Rudloff complaints which led to the pending Article 78 petition
filed against the Board. Attorney Ferrari said that the matter had been adjourned until September 7, and that he believed it would be dismissed due to the petition not
being filed in a timely manner.

At 8:15, John Phillips moved to go into Executive Session to discuss this matter further. Wes Ciampo seconded the motion and it was approved, 5-0. At 8:23, Phillips moved
to come out of Executive Session. Donna Borgstrom seconded the motion and it was approved, 5-0. Chairman Lord said that, while in Executive Session, the Board discussed
possible outcomes and resolutions of the pending Article 78 petition.

With Doug Greene absent, discussion of "structure" in the Land Use Law was tabled until September.

Chairman Lord noted that the Comprehensive Planning Committee's final plan dated August 3 is on the Town's web-site, it is now in the hands of the Town Board, and the
committee's work is completed. He said that, according to Town Attorney Martin Tillapaugh, all three of the public hearings were legal.

Acting Zoning Enforcement Officer Stucin said that someone wants to operate a real estate out of a home on Bissell Road (hamlet residential district), and wondered which
Land Use Laws govern this. Chairman Lord referred to Section 6.02, "Criteria for a Home occupation," and 6.03, "Permitted Home Occupations." Number 28 is "Real estate
sales or broker." If the operation of the business went beyond the home occupation criteria (e.g., using more than 25% of the floor space), the owner would have to apply
for a special permitted use.

Acting Zoning Enforcement Officer Stucin also asked about Tom Eccleston, who has a sign advertising recurring auctions on his property on Route 22 along Canadarago Lake.
Chairman Lord asked Stucin to approach Eccleston and advise him of the Land Use Law regarding signs.

John Phillips noted that former Planning Board member Eric Lindroth's wife died, and that he thought the Board ought to send a card. Phillips said he would get a card and
Chairman Lord said he would arrange for the members to sign it.

Bill Deane said that, as of now, the September 4 agenda included only Doug Greene's discussion of "structure" in the Land Use Law. Acting Zoning Enforcement Officer Stucin
said that he may have a site plan applicant ready in time for that meeting.

With no further business, aAt 8:40 PM Donna Borgstrom moved to adjourn the meeting.

Respectfully submitted,

Bill Deane