Town of Otsego Planning Board

Minutes - September 5, 2006

PUBLIC HEARING

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

Chairman Jonathan Bass called the public hearing to order at 7:33 PM. Applicant Jeffrey Salinger put his map on an easel and gave a brief description of his proposed subdivision. Bass asked whether anyone from the public had any questions or comments, but no one responded. Paul Lord moved to close the public hearing. John Phillips seconded the motion and it was approved, 6-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:35 PM. Members present were Bass, Paul Lord (Vice-Chairman), John Stucin, Donna Borgstrom, Wes Ciampo, and John Phillips. Lin Vincent was absent, as was Planning Board Attorney Margaret McGown. Also present were and Zoning Enforcement Officer Mike Miller and Planning Board Clerk Bill Deane.

The Board referred to the minutes of the August 1 meeting, mailed to the members. Borgstrom moved to approve the minutes as mailed. Ciampo 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 seven land use permits issued, plus mention of a letter from Town Supervisor Tom Breiten. The letter concerns non-conforming expansions at the Fly Creek Cider Mill, and will be discussed at tomorrow's Town Board meeting. It may go to the Town Zoning Board of Appeals (ZBA) from there.

Chairman Bass reviewed correspondence received since the last meeting:

· A copy of an 8/29 letter from the New York State Department of Health to Jerry Miller, regarding his plan for a temporary residence adjoining Jerry's Place. Bass asked Bill Deane to file this, as it may wind up involving the Planning Board at some point.

· A notice from the American Planning Association, regarding their 2006-07 Audio/Web Conference Training Series. This was passed around to the members.

With additional correspondence reserved for "other business," the Board moved on to applications.

APPLICATIONS

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

Paul Lord read aloud the minutes of August 1 relevant to this application. Applicant Jeffrey Salinger distributed copies of his final subdivision map for review by the members. John Stucin asked about driveway placement. Salinger said the engineer would sign off on the driveways after the subdivision was approved.

John Phillips moved to approve the minor subdivision as submitted. Donna Borgstrom seconded the motion and it was approved, 6-0. Chairman Bass signed the mylar and three copies of the map, designating approval by the Planning Board. Bass advised Salinger to file the subdivision map with the County within 30 days.

Gary Welch - First lot split - 557 Wedderspoon Hollow Road (#54.00-2-1.02)

Paul Lord noted that applicant Gary Welch was on the June agenda, but did not appear. Welch submitted a map, showing his proposed split of a 15-acre vacant lot into two lots of 5.3 and 9.7 acres.

The Board examined the map, noting that the proposed lots meet acreage and road frontage requirements. Chairman Bass said that he and Attorney McGown had determined that there were no splits on this lot since 1987.

Wes Ciampo moved to deem this a first lot split. Donna Borgstrom seconded the motion and it was approved, 6-0. Chairman Bass signed the mylar and two copies of the map, designating approval by the Planning Board. Bass advised Welch to file the subdivision map with the County within 30 days.

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

Paul Lord read aloud the minutes of August 1 relevant to this application. Applicants Rons and Janis Pence noted that they had reduced the size of the proposed deck so that it was now the same size and in the same footprint as the original one. Chairman Bass noted that he had misspoke at the previous meeting when he said that, if the deck remained the same size, it would not require Planning Board review. In fact, any construction within 100 feet of the Lake requires site plan review. Zoning Enforcement Officer Miller gave some information about the Pences' building site, and contractor Bob McCumber described the erosion control plans.

Janis Pence requested that the public hearing be waived, since the ZBA had already held a hearing on July 18. Bill Deane read aloud from the minutes (not yet approved) of that meeting, during which no one from the public had appeared for the hearing. Paul Lord moved to waive the Planning Board's public hearing. Donna Borgstrom seconded the motion and it was approved, 6-0.

John Phillips moved to deem this a Type II action, requiring no further environmental review. Wes Ciampo seconded the motion and it was approved, 6-0.

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

Midlakes Communications Corp. (Time Warner) - Site plan review, cell tower - State Highway 28 (#114.00-1-20.01)

Donna Borgstrom left the meeting table and seated herself in the public area, saying that she was recusing herself from proceedings on this application since she is a neighbor of the property. Jeff and Terry Pfeiffer introduced themselves and submitted an application package, saying that they had been hired by Time Warner (Midlakes Communications Corp.) to build a new cell tower to replace the existing one on this property. The 100-foot tower (with nine additional feet of antennas), the same one which the Planning Board had reviewed for Cellular One and Verizon in 2005, has sustained significant structural damage and is no longer considered safe. The Pfeiffers plan is to build a new 120-foot tower, then tear down the old one. The new tower would be the same width, be ten feet closer to State Highway 28, and accommodate more carriers. There will be no public funding.

The Pfeiffers said that there would be no new lighting, nor any changes to the existing utilities or buildings. The existing chain-link fence would be moved to the new site and expanded. There would be three anchor cables extending 85 feet from the tower.

Chairman Bass reviewed the long environmental assessment form (EAF) submitted. After asking the applicants to make a few corrections, Bass completed the Planning Board section of the form with the members' input. Paul Lord moved to declare a negative declaration and authorize the Chairman to sign the EAF. John Phillips seconded the motion, it was approved, 5-0, and Bass signed the EAF.

Lord said the Board would need to see some before/after rendering of what the taller tower would look like from various viewpoints, particularly State Highway 28. He suggested they use a helium balloon tethered to a 120-foot cord, and photographed from various places. Lord noted this documentation would be needed for the public hearing. The Board suggested the Pfeiffers get about 20 photos from different key locations in the Town and vicinity.

Jeff Pfeiffer said that he could make the new tower the same 100 feet tall as the old tower, if the extra 20 feet is an issue, but it might necessitate building another tower in the future. He said that, in his opinion, the tower could not be expanded outward for the same effect. Pfeiffer also warned the Planning Board that their stretching out the process (i.e., requiring further documentation and a public hearing) could pose a safety issue, as the old tower might not survive another winter. Bass said that the Board was going through normal procedure, and would not be pressured due to a safety problem they had nothing to do with.

Lord moved to deem the application complete, contingent on the applicants' providing the photos requested by September 19, and to schedule a public hearing for October 3. John Stucin seconded the motion and it was approved, 5-0.

Bass advised the applicants that they would have to pay the $25 site plan application fee. Zoning Enforcement Officer Miller said that there should not be anything further needed at the County level. Borgstrom returned to the meeting table.

Village of Cooperstown - Site plan review, outdoor wood furnace - 60 Linden Avenue, Cooperstown (#131.00-1-20.00)

Brian Clancy, Superintendent of Public Works, represented the Village of Cooperstown. They have placed a 6-by-8 foot outdoor wood furnace next to the Village Barn, but have not yet hooked it up, as they were told it requires Planning Board review. Clancy said it would save the Village $2,500 per year.

Chairman Bass noted that the Village Barn represents a pre-existing, non-conforming use in the general business (GB-1) district, which has no permitted uses. The question is whether the furnace constitutes an expansion of the non-conformity, in which case it would not be allowed.

Bass said the furnace is a structure, not a building. John Phillips noted that it is well under the 100 square feet which is allowed for a shed. John Stucin said it would create a lot of smoke. The members agreed that, if it were placed inside the building, it would not be an issue.

Bass polled the members as to whether they considered the furnace an expansion of the non-conformity. Three said they thought it was, and three said they did not think it was. Bass said that, according to Land Use Law Section 1.04, "If there is any doubt as to whether or not this paragraph applies to a specific project, the Zoning Board of Appeals shall determine applicability." Thus, since there is no consensus by the Planning Board, the applicant will have to go before the ZBA.

OTHER BUSINESS

Chairman Bass brought up the potential Land Use Law revision regarding short-term rental language. Bass hasn't drafted anything up yet, but he requested and received a list (filed in "general correspondence") from County Treasurer Myrna Thayne, showing owners of Town short-term rental facilities who pay bed taxes. He thinks this will be a good starting point for discussion on this topic. Bass wants a mechanism to close down short-term rentals if they go bad, and thinks it can be done by defining "short-term rental" in the Land Use Law, and requiring owners to secure a permit. Hearing no dissension from the Planning Board, Bass said he will discuss this with the Town Board.

Chairman Bass distributed copies of a draft of the Town Board's proposed change to the subdivision regulations. He and Paul Lord explained the process leading up to this proposed change, which seeks to preserve open space. It will go to public hearing on September 6, with another one at a later date. Bass encouraged Planning Board members to attend these. If the new law is implemented, the Planning Board will have to work carefully with applicants to conform to it.

Chairman Bass reported on the New York State Department of Transportation (DOT) meeting he attended on August 17. The DOT says that many people have been building (retaining walls, staircases, parking spaces, etc.) on the State right-of-way along State Highway 80. Hereafter, they want to make sure that applicants go to the DOT for access or use permits, and advise the Planning Board of right-of-way issues, before the Board approves anything. The DOT said they would provide the Planning Board with a State right-of-way map. Bass asked Bill Deane to create a DOT file when that document is received.

Chairman Bass reported on the "Article 78" filed by Jim McNulty on the Mark LaValley project. McNulty's attorney, Les Sittler, and Planning Board Attorney McGown met with a judge, and the two attorneys will prepare documentation for their respective cases.

Mike Miller distributed copies of the Planning Board checklist draft, revised since last distributed during the March meeting. Chairman Bass asked members to look it over and be prepared to discuss it at the October meeting.

The Board discussed payment for Planning Board members. Chairman Bass noted that members of the Oneonta Planning Board receive $50 per month for their services, with the Chairman receiving $100. Paul Lord opined that, once Board members start getting paid, their motivations will be open to suspicion among fellow members and the public. John Phillips didn't think that Planning Board members should be initiating discussion about their own compensation. The other members, noting their ever-increasing responsibilities, expressed favor of token compensation, say, $30-40 per month. Bill Deane wondered whether the compensation would apply if a member missed a meeting. Bass said he would approach the Town Board about the consensus of the Planning Board on this topic.

With no further business, at 10:22, Paul Lord moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk