Minutes - September 7, 2004

Chairman Jonathan Bass called the public hearing to order at 7:31 PM.

PUBLIC HEARING

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

Susan Snell, architect for this project, briefly described the proposed addition, which requires a public hearing and site plan review because it is within 500 feet of Lake Otsego.

Tim Killian, describing himself as the Moroskos' next-door neighbor at 119 Parshall Road, stated that he thought the project was a great idea, and that he had no objection to it.

Two pieces of correspondence, from neighbors of the Moroskos, were read by Chairman Bass. A letter from Howard W. Michaels offered his full support of the project, which he said would enhance the neighborhood. A note from Marie Hamlin offered no objections to the project. The letters were added to the file.

With no further speakers or correspondence, John Stucin moved to close the public hearing. The motion was seconded by Lin Vincent and carried unanimously.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:35 PM. All Board members were ultimately present: Bass, Paul Lord (vice chairman), John Phillips, John Stucin, Lin Vincent, Wes Ciampo, and Donna Borgstrom; Phillips arrived during the first agenda application at 7:44. Also present were Zoning Enforcement Officer Jane Berry and Planning Board clerk Bill Deane.

The Board reviewed the minutes of the August 3 meeting, recorded by Jane Berry, prepared by Bill Deane, and mailed to the members. There was no discussion. Donna Borgstrom moved to approve the minutes as written. Wes Ciampo seconded the motion, and it was carried unanimously.

Zoning Enforcement Officer Jane Berry gave a report of her position. She has been very busy issuing permits, responding to inquiries, and working on grant applications, including the technical assistance grant to prepare for a Strategic Plan. She also distributed copies of the DEC letter read at the August 3 meeting.

Chairman Bass reviewed correspondence received since the last meeting:

* An approval letter and resolution from the Town Zoning Board of Appeals (ZBA), regarding William & Vivian Beckmann. Since the Beckmanns have no application before the Planning Board, Bill Deane will put this in the Planning Board's "general correspondence" file.

* A package from Schlather & Birch, regarding the Lise Harrell application. This was put aside for review during the appropriate "agenda applications" phase of the meeting.

* The Towns & Topics magazine. Copies were distributed to the members.

With no further reports or correspondence, Chairman Bass moved on to agenda applications.

AGENDA APPLICATIONS

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

Paul Lord read the minutes of the August 3 meeting relevant to this project. Zoning Enforcement Officer Jane Berry stated that she had received all the required documents, as specified in those minutes, and was satisfied with them. The Board members reviewed the documents. Berry also noted that she had checked with County Planning Director Diane Carlton, and confirmed that no County approval is necessary for this project because it encompasses less than 2,500 square feet.

John Phillips moved to approve the site plan. Lin Vincent seconded the motion, and it was carried unanimously. Chairman Bass stamped the application "APPROVED" and signed it. The Moroskos paid $25 cash (delivered to the Town Clerk) to cover the modification fee.

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

Chairman Bass read aloud a letter from Schlather & Birch, from the aforementioned package. The letter was accompanied by a check for $375 (delivered to the Town Clerk) to cover the fee for the new lot, and a map, including a survey of the new lot and the split of the remaining lands, as requested during the June 1 meeting.

Attorney Robert Schlather represented Ms. Harrell. Mr. Schlather stated that the only requested document still outstanding is a Department of Health percolation (DOH perc) test on Lot #1, which they are awaiting. Chairmas Bass noted that, because the project is in a designated Agricultural District, the applicant also would need to complete an Ag & Markets form, notifying the neighbors in that district. Chairman Bass read the deed restrictions aloud.

The Board discussed what type of action this should be classified as. After consulting the Otsego County State Environmental Quality Review Act (SEQRA) Handbook, section 617.5-C9, the Board reached a consensus that it was an Unlisted Action, qualifying for the short Environment Assessment Form (EAF). With the Board's participation, Chairman Bass completed the form.

John Phillips moved that the Board provide a negative declaration and authorize the Chairman to sign the EAF. Wes Ciampo seconded the motion, it was carried unanimously, and Chairman Bass signed the form. Following discussion, Paul Lord moved to deem the application complete, contingent on completion of the two missing documents, and schedule a public hearing for October 5. Phillips seconded the motion and it was carried unanimously.

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

No one appeared on behalf of this application.

NEW APPLICATIONS ADDED TO AGENDA

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

Elizabeth Davidson, architect for the project, was present. Jonathan Bass read the relevant minutes of the July 6 meeting, at which time Ms. Davidson had presented a revised survey, with dimensions slightly different than those approved in an area variance granted by the Town ZBA. Ms. Davidson now says the dimensions will stay within the ZBA variance. She reviewed the plans with the Board, noting that she had just received the engineering drawings today, and still needs to update the architectural drawing accordingly.

Bill Deane read the relevant minutes of the May 4 Planning Board meeting and the April 20 ZBA meeting, during which a public hearing was held and the area variances for this project were approved. Ms. Davidson stated that there have been no substantial changes to the plan since then, and that she was concerned about delaying the project any longer, lest they have to wait until spring to start construction. Chairman Bass noted that this was classified as a Type II action, and that no County approval was necessary because the project encompasses less than 2,500 square feet.

Paul Lord reviewed the site plan requirements in Section 8.04 of the Land Use Law. The Board's consensus was that the applicant still needed to provide (1) storm drainage engineering information, (2) a map including topographic contours, (3) proposed erosion control measures during and after construction, (4) exterior lighting description, and (5) construction sequence description.

After discussion, Chairman Bass said that Ms. Davidson had two options. She could either bring the documents in time for the October 5 meeting, at which point the Board, deeming the application complete, might either waive the public hearing and rule on the application on that date, or schedule a public hearing for November; or, she could promise to deliver the documents to the Zoning Enforcement Officer within two weeks, so that a public hearing could be scheduled for October 5 and the application ruled on at that time. Davidson chose the latter option.

Paul Lord moved to deem the application complete, contingent on the aforementioned five documents being provided to the Zoning Enforcement Officer's satisfaction by September 21, and to schedule a public hearing for October 5. Lin Vincent seconded the motion, and it was carried by a majority of 6-1, John Stucin voting "nay."

Howard Reiss - Major subdivision of property - Ted Reiss Road (#84.00-1-15.00)

Howard Reiss was present, describing his plan to subdivide a 14.5-acre lot into two parcels of 3.3 and 11.2 acres, respectively. Mr. Reiss wondered whether he could be given a list of required documents so that he, too, could have a public hearing on October 5.

The Board reviewed the documents Mr. Reiss provided, determining that the road frontage was within the allowable limit, and that the project qualified for the short-form EAF. Items still needed include (1) a map with the entire parcel surveyed, showing the splits of Lots #6 and 6A, (2) a DOH perc test for the new lot, (3) deed restrictions, and (4) $375 payment to cover the fee for the new lot.

The consensus of the Board was that the application was not yet ready to be deemed complete, so no public hearing could yet be scheduled. Mr. Reiss asked to be put on the agenda for the October 5 meeting, and he will continue to work with the Zoning Enforcement Officer in the meantime.

OTHER BUSINESS

Since Town Attorney Margaret McGown was absent, there was no discussion about the Ray Key property.

Zoning Enforcement Officer Jane Berry presented a letter addressed to the New York State Governor's Office for small Cities. It was a letter, to be signed by the Planning Board Chairman, in support of the technical assistance grant she is applying for on behalf of the Town. Chairman Bass read the letter aloud, and Lin Vincent made a motion authorizing Bass to sign it. Donna Borgstrom seconded the motion, it was carried unanimously, and Bass signed the letter, which Berry will mail.

Chairman Bass reminded the Board of its three proposed changes to the Land Use Law, which will be up for public hearing and vote during the September 8 Town Board meeting. Bass said that he would be unable to attend the meeting, and asked whether any other members could represent the Planning Board at this meeting. Lin Vincent and John Phillips plan to attend. It was the consensus of the Board to table their proposed change regarding health care facilities pending further discussion. Bass will contact Town Board Chairman Tom Breiten about this prior to the September 8 meeting.

Jane Berry introduced a four-page proposed "Amendment to the Town of Otsego Land Use Law," which she helped draft as part of a Town-appointed committee. The amendment concerns short-term rentals, and will also be subject to a public hearing during the Town Board meeting on September 8. The document triggered considerable discussion, with John Phillips particularly expressing questions and criticism about the proposed amendment.

Lin Vincent noted that she would not be present at the October 5 Planning Board meeting.

At 9:55 John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk