Town of Otsego Planning Board

Minutes – August 5, 2008

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:31 PM, and roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, Donna Borgstrom (Vice-Chairman), John Phillips, Joe Galati, Wes Ciampo, and Doug Greene. Steve Purcell was absent. Zoning Enforcement Officer John Stucin and Planning Board Attorney Jim Ferrari arrived shortly after the meeting started.

The Board reviewed the minutes of July 1, 2008, mailed to the members. Phillips noted that, on the top of page 2, it was stated that he had walked on the Rathbun property, when in actuality it was Lord who had done so. Borgstrom moved to approve the minutes as amended. Galati seconded the motion and it was approved, 6-0.

Copies of Zoning Enforcement Officer Stucin’s report (filed) for July-August were distributed. It consisted of an expanded meeting agenda for the Planning Board, and a list of six land use permits issued.

Chairman Lord reviewed correspondence received since the last meeting:

· A copy of the July 15 letter (filed) from the Town board to SBA Network Services, Inc., which included a bill for Town Engineer Wayne Bunn’s work on the SBA Towers application.

· Fliers (passed around) for a seminar, “AIA Contracts,” to be held at Syracuse on September 26.

Borgstrom noted that she and Ciampo would be participating in a planning and zoning course.

The Board moved on to applications.

APPLICATIONS

Edward Walker – Major subdivision – Browdy Mountain Road (#84.12-1-1.01)

Donna Borgstrom read aloud the minutes of June 3 relevant to the Edward Walker application. Walker submitted his final subdivision application and plats, along with a storm-water pollution prevention plan (SWPPP) prepared by Alan Swierczek, P.E., of Whitesboro, NY. Walker said he had sent these to the Department of Environmental Conservation (DEC) last week. Walker answered questions posed by the Board, saying that the SWPPP covers each lot individually, and that the previously-discussed deed restrictions are included on the plat.

At 7:54, Wes Ciampo and John Phillips left to respond to a fire call. They returned at 8:06. No votes were taken during their absence.

Chairman Lord read aloud correspondence relevant to the application:

· A July 29 letter from Town Councilperson Meg Kiernan, suggesting that the Planning Board utilize the services of the Town Engineer. The Town has money budgeted for this.

· A July 14 letter from neighbor Leon Kalmus, asking the Board’s denial of the application due to the steep slope and potential water contamination issues. Kalmus noted that a subdivision application there had been rejected for those reasons back in 1969.

· An August 1 three-page letter from neighbor Carol Akin, asking the Board’s denial of the application, and reiterating concerns expressed in previous communications from her and others.

· An August 5 e-mail from neighbor Addison Bissell, expressing his disapproval of the application due to the steep slope issues, previous problems with a neighbor, and preservation of natural beauty and serenity.

· An August 4 e-mail from Tony Cicoria, expressing concerns about new sewage systems, and claiming that he had not received a notice for the previous public hearing (April 1) on this application. Planning Board Bill Deane said that he had sent a notice to Cicoria’s address of record on March 18. (Deane later responded via e-mail to Cicoria, who admitted that he may have misplaced the notice.)

All correspondence was filed. Lord remarked that most people are not educated about the alternative septic systems now available, and that the SWPPP addresses many of the concerns raised by the neighbors. Attorney Ferrari later suggested that unsolicited correspondence like this be addressed during a public hearing rather than a regular meeting.

Borgstrom moved to hire the Town Engineer to review the application at the Town’s expense. Doug Greene seconded the motion and it was approved, 6-0.

Chairman Lord said that the Board could not deem the final application complete until it saw the DEC approval. Walker asked if the application could be deemed complete contingent on the DEC approval, but Lord said that would start the “clock” running, inviting the possibility of the application’s approval by default. Lord asked Walker to return to the September meeting.

Ed & Bob Kukenberger – Lot line adjustment – County Highway 26 (#114.00-1-76.00)

Donna Borgstrom read aloud the minutes of May 6 relevant to the Kukenberger application. Ed and Bob Kukenberger submitted a survey plat, reviewed by the Board, and deed language, reviewed at length by Planning Board Attorney Ferrari. Ferrari said it looked good to him.

Borgstrom moved to approve the lot line adjustment, contingent on the applicants’ submission of two Mylars for the Chairman’s signature. John Phillips seconded the motion and it was approved, 6-0. Chairman Lord advised the applicants that they must submit the Mylar to the county within 30 days of his signing it, denoting Planning Board approval.

David Bertram – Sketch plan conference, major subdivision – County Highway 28 (#99.00-1-1.22 & -2.01)

David Bertram submitted a drawing of his proposal. He owns two contiguous, separately-deeded lots of 50+ and 33+ acres, respectively, with only one having road frontage (150 feet). He wants to adjust the lot line, changing the acreages to 76 and seven acres, respectively, and putting in a road to remedy the lack of frontage.

There was considerable discussion. Zoning Enforcement Officer Stucin said that this would represent the fifth and sixth lots of the original parcel since 1987, making it a major subdivision. However, Chairman Lord said it would be merely a lot line adjustment. Lord noted that Town Law requires a Homeowners’ Association in situations like these, and that the road would have to comply with Donovan specifications. Lord suggested creating an easement for the landlocked property to use the existing driveway, but Planning Board Attorney Ferrari said Bertram couldn’t write an easement to his own property. An alternative would be to go to the Zoning Board of Appeals (ZBA), requesting a variance on the road frontage requirement.

Bertram will apply to the ZBA and return to the Planning Board at a later date.

John Edwards – Sketch plan conference, special permitted use, church – 115 Glimmerglen Road (#98.00-1-67.01)

This application was added to the agenda by Zoning Enforcement Officer Stucin and Chairman Lord. John Edwards submitted aerial maps of his 25.94-acre property. He wants to convert an existing horse barn into a non-profit Buddhist church/retreat center, which would accommodate up to 100 people for three months (summer) of the year. One or two caretakers would be employed. Edwards also wants to separate 3.12 acres of the property in a first lot split.

Board members expressed concern about the shape of the proposed lot split, citing Land Use Law 3.12, which seeks quadrilateral lots. They advised that Edwards go through the checklists of Land Use Laws 7.03 (special permits) and 8.04 (site plan review) before returning before the Board, and to give two weeks’ notice when he was ready to do so.

Templeton Foundation (Russ Tilley) – Sketch plan conference, special permitted use, hotel/motel – State Highway 28 (#114.00-1-1.00)

This application was added to the agenda by Zoning Enforcement Officer Stucin and Chairman Lord. Russ Tilley, representing the Templeton Foundation, explained a plan proposed by Bassett Healthcare. They want to purchase the Major League Motel, raze it, and replace it with 12 apartments for medical students, who would use it for three months at a time. They hope to accomplish this within a year.

The Board noted that apartments were not allowed in the GB-2 District under the current Land Use Law. They suggested that Tilley go to the Town Board, asking that the law be changed to accommodate such a project.

As an alternative, they could create shared cooking facilities, which would qualify it as a motel, a permitted use. However, there would be a 90-day limit in tenants’ lengths of stays. Also, since the property is only 1.83 acres, rather than the minimum-required three, they would need a variance from the ZBA.

Tilley will weigh his options and possibly return before the Board at a later date.

OTHER BUSINESS

The Board discussed potential Land Use Law changes they had worked on. John Phillips said that he had not had a chance to work on his assigned topic of definitions of home offices/home occupations. Chairman Lord said that he would go to the Town Board with what they have so far, and set up a joint meeting with them on a Wednesday.

Phillips reported that Steve Purcell had had cancer surgery today in Rochester.

Phillips asked Chairman Lord whether there was any progress on getting business cards for Board members. Lord said he had forgotten to follow up on this.

Bill Deane discussed the September 2 agenda. At present, the only returning applicants are Walker and Templeton Foundation (Russ Tilley later asked that they be removed from the agenda). Deane complained about the lack of adherence to the agenda policy, which includes the Zoning Enforcement Officer listing applicants on a board in his office, and the deadline being two weeks before the meeting date.

With no further business, at 9:51, Wes Ciampo moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk