Minutes - September 6, 2005

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

PUBLIC HEARINGS

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

Richard Votypka put his drawings on an easel and gave a brief description of his project. Paul Lord noted that this was the public's opportunity to make comments or ask questions about the proposed project.

Dennis Lang, identifying himself as a representative for Votypka's neighbor, Marie Rudloff, read from a written statement (copy filed). It said Rudloff asks that the adverse impacts of the project be mitigated as follows: construction of a new eight-foot fence between the properties, costs to be split between Rudloff and Votypka; ensuring that customer traffic be one way, exiting onto County Highway 26; replacing her apple tree, which was removed during construction; removal of debris deposited on her property, and re-grading and reseeding that piece of property; placing pilings around her chimney; and minimizing the impact of exterior lighting. Lang said Rudloff and Votypka had discussed these items, and were in agreement about them. He asked that the site plan approval be made conditional on compliance with these modifications, and that any future expansion of the operating hours be granted only after further site plan approval and public hearing. Rudloff added that she appreciates all the hard work that Votypka has put into this project.

With no further public comment, Paul Lord moved to close the public hearing. Lin Vincent seconded the motion and it was approved, 6-0.

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

Chairman Bass read a letter (filed) from Nick and Ruth Kartalis, withdrawing their application, since the property was sold, and thanking the Planning Board for its efforts.

Anthony Cicoria - Site plan approval, construction within 500 feet of Otsego Lake - 6531 State Highway 80 (#84.12-1-4.00)

Chairman Bass read a letter from Anthony Cicoria, authorizing engineer Hans deWaal to represent him in the site plan process. Paul Lord asked whether anyone from the public had any comments or questions, but no one responded. Donna Borgstrom moved to close the public hearing. Wes Ciampo seconded the motion and it was approved, 7-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:42 PM. Members present were Bass, Paul Lord (Vice Chairman), John Stucin, Donna Borgstrom, Wes Ciampo, Lin Vincent, and John Phillips (who arrived at 7:40, prior to the Cicoria public hearing). Also present were Zoning Enforcement Officer Sal Furnari and Planning Board clerk Bill Deane. Town Attorney Margaret McGown was absent.

The Board referred to the minutes of August 2, 2005, mailed to the members. Paul Lord moved to approve the minutes as written. Donna Borgstrom seconded the motion and it was carried, 7-0.

Zoning Enforcement Officer Furnari said he had no report on his position. Chairman Bass asked him about the tents set up by the Fly Creek Friesians in Fly Creek Valley; Furnari said that they will be applying for site plan review. Bass also asked about the Scarzafava project approved by the Board last year - have they been complying with the site plan? Furnari said he would check on it. John Stucin asked about the Olin property matter which came before the Zoning Board of Appeals (ZBA); Furnari said that the situation was corrected, but the issue remained unresolved. Furnari also said that he had checked on the Schallert subdivision issue, and found that it was filed with the County on August 9, 1990, or within 30 business days after being approved.

Chairman Bass reported on a Town Board workshop held on September 1. It concerned potential Land Use Law revisions (including ones regarding storage facilities, the lakeshore protection district, short-term rentals, and health care facilities), some of which will go to public hearing on September 14.

Chairman Bass reviewed some of the correspondence received since the last meeting:

a.. A notice (filed) from the Otsego County Clerk, regarding the filing of the James & Eileen McCormack subdivision plat on August 15.
b.. A notice (filed) from the Otsego County Clerk, regarding the filing of the Barrett E. Clarke estate subdivision plat on July 15.
c.. A notice from the Otsego County Clerk, regarding the filing of the Clifford Coleman subdivision. This was in the Village of Cooperstown, not under the jurisdiction of the Town Planning Board. Bass said he would hold this until Town Attorney McGown had a chance to see it.
d.. Copies of the variance approval notice and resolution (filed) given by the ZBA to James & Katherine Sullivan.
e.. Copies of the variance approval notice and resolution (filed) given by the ZBA to Richard Brady.
f.. A letter from the New York State Department of Health (NYSDOH) to Richard Votypka, which Bass said he would read during the "applications" phase of the meeting.
With no further correspondence or reports, the Board moved on to applications.

APPLICATIONS

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

Paul Lord read aloud the minutes of the August 2 meeting relevant to this application. Representative Dorothy Schrull reported on her efforts to designate the driveway location, as requested at the previous meeting. Her first application with the County was denied, but the second was approved. The driveway will be located 30 feet south of the northernmost corner of the property, and the surveyor will revise the survey accordingly.

John Stucin noted the spring and ravine which dump into a pond on that side of the property, and a slope in excess of 15 percent there. He moved that the Zoning Enforcement Officer require the next owner of this lot to go through the site plan approval process before doing any construction. Lord seconded the motion and it was approved, 7-0.

Stucin moved to approve the subdivision contingent on the driveway access being denoted on the Mylar according to the County permit. John Phillips seconded the motion and it was approved, 7-0. Chairman Bass said he would sign two copies of the revised plat as soon as it is submitted.

Schrull thanked the Board for its patience and courtesy. It was noted later that the applicant owes $350 for the subdivision, as discussed during the July meeting.

Zoning Enforcement Officer Furnari asked whether Bob Schlather could be moved up from the end of the agenda. The Board briefly conversed with Schlather, but then decided that he would have to remain at the end of the agenda.

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

Paul Lord read aloud the minutes of the August 2 meeting relevant to this application. Chairman Bass read aloud the NYSDOH letter (filed) mentioned
earlier, listing seven items which need attention or correction, including the septic system.

Richard Votypka stated that the Department of Environmental Conservation advised him he needs no permits from them, since he is more than 100 (135) feet from the creek. He submitted construction sequence and erosion control plans, which were reviewed by the Board. Contractor Tom Swatling also offered some input. Lord noted that there was no timeline on the construction sequence plans, so Votypka hand-wrote that he plans to complete construction by the end of the year. Bass asked about the entrance and exit signs and the lighting. Votypka said that he would have permanent signs and permanent, shielded, 100-watt lights on six-foot poles. Lord asked Votypka to modify his application to accommodate Marie Rudloff's requests listed during the public hearing, and Votypka verbally agreed to do so.

Lord moved to approve the site plan as submitted and modified by the applicant. John Phillips seconded the motion and it was approved, 7-0.

Lin Vincent moved to approve the special permitted use, contingent on NYSDOH approval of the septic system. Phillips seconded the motion and it was approved, 7-0. Chairman Bass said that he would not stamp or sign the application, nor issue the special permit, until the NYSDOH approves the project.

Votypka submitted a check for $50 in payment of the site plan and special permitted use application fees.

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

As previously discussed, this application was withdrawn by the applicant.

Anthony Cicoria - Site plan approval, construction within 500 feet of Otsego Lake - 6531 State Highway 80 (#84.12-1-4.00)

Paul Lord read aloud the minutes of the August 2 meeting relevant to this application. Representative Hans deWaal noted that the correct address is 6531 (not 6311) State Highway 80, said there were no changes to the site plan, and submitted a check for $25 in payment of the site plan application fee.

After very brief discussion, Donna Borgstrom moved to approve the site plan. Wes Ciampo seconded the motion and it was approved, 7-0. Chairman Bass stamped the site plan "approved" and signed it.

Bob & Ed Kukenberger - Lot line adjustment - County Highway 26 (#114.00-1-75.01, et al)

Bill Deane reported that Ed Kukenberger had asked to be removed from tonight's agenda and added to the October 4 meeting agenda.

Verizon Wireless - Sketch plan conference, cell tower - State Highway 28 (114.00-1-20.01)

Dennis Burdick of Verizon Wireless and Scott Olsen of the Cooper-Irving law firm distributed photos of the existing 100-foot cell tower, owned by Time Warner Cable, and located atop Fly Creek hill. Verizon plans to add its own equipment to the tower. Burdick said that there would be no change to the height or base of the existing tower, just an update to the technology.

Chairman Bass referred to Section 5 of the Cell Tower Law permit regulations, and noted that the tower was constructed six years before the law was written in 2000.

Paul Lord moved that this project does not require site plan review, since the tower itself will be undergoing no significant construction. Lin Vincent
seconded the motion and it was approved, 7-0. Chairman Bass asked Burdick to keep the Zoning Enforcement Officer informed about their progress.

Cellular One - Site plan review, cell tower modification - State Highway 28 (114.00-1-20.01)

Kevin Brennan and Michael Ries of Cellular One described their plans for "co-location" with Time Warner Cable on the same cell tower as the previous application. They said their project had been okayed by Time Warner, who lease the property from the Sportsmen's Association. Cellular One will be removing Time Warner equipment, including unused antennas and an eight-foot-square shed on the ground, while installing panels on the tower at a height of 70 feet. Ries showed their FCC permit, and submitted photos of the tower and a list of its current inventory. He said there would be no new lighting.

Chairman Bass reviewed the short-form Environmental Assessment Form (EAF) submitted by the applicants, seeking a modification/alteration. Ries made and initialed some corrections to the form. Bass then completed the Planning Board section of the form with the Board's input. Paul Lord moved to declare a negative declaration and authorize the Chairman to sign the EAF. Lin Vincent seconded the motion, it was approved, 7-0, and Bass signed the EAF.

Lord reviewed the site plan requirements in Section 8.04 (pages 32-33) of the Land Use Law. Vincent moved to waive the survey requirements. John Phillips seconded the motion and it was approved, 7-0. Donna Borgstrom moved to waive the requirement for a map drawn to scale, in lieu of the site plan submitted. Wes Ciampo seconded the motion and it was approved, 7-0.

The Board requested that the applicants provide a list of neighbors (and their addresses) within 200 feet of the property, construction sequence details associated with the communications cable utility trench. After a withdrawn motion, Lord moved to deem the application complete, contingent on the submission of these documents by September 20, and to schedule a public hearing for October 4. Borgstrom seconded the motion and it was approved, 7-0.

Joe Siracusa, Farmers' Museum - Site plan review, carousel - 800 Lake Road, Cooperstown (#115.00-1-4.00)

Joe Siracusa of the Farmers' Museum, along with architect Kurt Ofer, described the museum's acquisition of a hand-carved "Empire State Carousel." The carousel is 36 feet in diameter and will be located within a structure on the village crossroads, and they hope to have it operational by Memorial Day, 2006. Siracusa submitted architectural drawings and photos of the structure. He said that there would be an underground water tank for a sprinkler system, and that they required a safety permit from the Department of Labor.

Paul Lord remarked that the carousel appeared to be more recreational than educational or historical, and the Board would have to consider that. Chairman Bass said it was up to the Planning Board whether or not the structure required site plan review. The consensus of the Board was that it did.

Chairman Bass reviewed the short-form Environmental Assessment Form (EAF) submitted by the applicants. Siracusa made and initialed some corrections to the form. Bass then completed the Planning Board section of the form with the Board's input. Donna Borgstrom moved to declare a negative declaration and authorize the Chairman to sign the EAF. Wes Ciampo seconded the motion and it was approved, 6-0, with Lin Vincent abstaining due to a "former relationship" with the Farmers' Museum. Bass signed the EAF.

Borgstrom moved to deem the application complete contingent on erosion control plans during construction to be submitted by September 20, and to schedule a public hearing for October 4. Lord seconded the motion and it was approved, 6-0. Siracusa submitted a check for $25 in payment of the application fee.

Bob Schlather - Shirley Swing Trust first lot split/Harrell subdivision

Attorney Bob Schlather expressed displeasure about having to wait so long to appear before the Planning Board. He had written the Board in June, and had not been seen until September. Furthermore, he had been placed at the end of the agenda, after having been told by Zoning Enforcement Officer Furnari that he would be at the beginning. He had left another meeting to come tonight, and then had to wait more than two hours to be seen. Schlather was reminded that he had been put on the August agenda, but had not appeared.

Chairman Bass asked Schlather about the Harrell subdivision, but Schlather said he had not brought anything regarding that. Bass said that he understood that the subdivision plat wasn't filed with the County on time, but Schlather said that it was, and he had no idea why he was being asked about it at this point. The consensus was that, if Schlather was satisfied that this was resolved, the Planning Board was as well.

Schlather submitted documentation on a split of 30 acres from a 153-acre lot, proposed by the Shirley Swing Trust. After brief review, John Phillips moved to deem it a first lot split and authorize the Chairman to prepare a letter to that effect. Donna Borgstrom seconded the motion and it was approved, 7-0.

OTHER BUSINESS

Chairman Bass discussed a road (Donovan Road) being put in by Robin Clark on the Margaret Clark subdivision, and wondered whether Robin needs to come before the Planning Board. The consensus was that she should come in before the road was put in.

Zoning Enforcement Officer Furnari left the meeting and slammed the door loudly behind him. Board members wondered what he was upset about.

Bass read a letter (filed) from Nancy Buetow. She is completing purchase of the Christmas Barn store and the accompanying house on Goose Street, Fly Creek in November. She wants permission from the Planning Board and Zoning Enforcement Officer to move the store from the barn to the house by March, 2006, using the barn for storage, though she may want to move the store back to the barn at some point. The Board referred to Section 1.05 on page 5 of the Land Use Law, which states that "Pre-existing uses shall not be altered in such a way as to create a non-comformity or to increase the degree of non-comformity." The consensus of the Board was that this law applied to Buetow's proposal. Bass said that he would write a letter to Buetow.

Bass again mentioned the Town Board's September 14 meeting and public hearings on proposed Land Use Law changes. He urged Planning Board members to attend.

Bill Deane discussed reviewing applications in concert with the ZBA. ZBA Chairman Tony Scalici has expressed confusion with the intent of Land Use Law Section 4.04, concerning the lakeshore protection areas, and wonders whether projects in those areas could be approved by the Planning Board contingent on the ZBA's granting of the necessary variances. Bass said that an impending change to this section of the law probably would solve the issue. Paul Lord remarked that he couldn't visualize the Planning Board doing anything contingent on the ZBA's decisions.

Bass said he hadn't done anything with the Land Use District map, and that the person who had prepared it was no longer employed by the County.

Lin Vincent submitted copies of her latest draft of the potential Land Use Law revision on "service trade establishment." Planning Board members offered recommended corrections. It was recalled that this issue arose during the Mark LaValley application. Bill Deane reminded the Board that they had already ruled that LaValley's proposed building was within the rule as it currently reads, so any change to the rule would not affect his application. Vincent said she would retype the draft to incorporate the Board's recommendations, and give it to Bass to submit to the Town Board during their September 14 meeting.

At 10:23 PM, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk