Town of Otsego Planning Board

Minutes - September 4, 2007

REGULAR MEETING

Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:32 PM. Roll call was taken by Planning Board Clerk Bill Deane. All
members were present: Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Doug Greene, and Joe Galati. Planning Board Attorney Jim Ferrari and Zoning
Enforcement Officer John Stucin were also present.

The Board referred to the minutes of August 7, 2007, mailed to the members. Borgstrom moved to approve the minutes as written. Phillips seconded the motion and it was
approved, 6-0.

Zoning Enforcement Officer Stucin distributed copies of his report (filed) for August-September. It listed his receipt of one Planning Board application, one Zoning Board
of Appeals (ZBA) application, and various complaints. Stucin said no land use permits had been issued during the period.

Chairman Lord reviewed correspondence received since the last meeting:

· A copy of an August 27 letter of resignation from the Planning Board (filed in "general correspondence") from Stucin, due to his new permanent role as Zoning
Enforcement Officer.

· Copies of the 2007 Conference Issue of Planning News, distributed to members.

· Copies of a flier about a presentation, "Zoning, Subdivision and Land Development" (to be held in Syracuse on October 26), distributed to members.

· An August 12 memo (filed in "general correspondence") from the Otsego County Planning Department, regarding an agreement between the Town of Maryland and Otsego
County. It was about projects exempt from County review, and sent to "municipalities who may be interested in filing (a similar agreement) in the future."

· An August 31 letter (filed in "general correspondence") from Steve Purcell, expressing interest to fill the vacancy on the Planning Board. Lord said that he
hoped the Town would have multiple applicants to choose from.

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

APPLICATIONS

John Nichols - Sketch plan conference, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)

John Nichols submitted his application, site plan, survey, and photos of the property. His proposed project, more than 100 feet but less than 500 feet from
Otsego Lake, would replace an existing house, adding 258 square feet of house and 108 square feet of deck to the current dimensions. Because he is going beyond the
footprint of the original building in the lakeshore protection district, he will need an area variance from the ZBA. He goes before that Board on September 18.

Board members reviewed Land Use Law Sections 4.04 (lakeshore protection) and 8.04 (site plan requirements). They noted the following items which would be
needed for site plan review, if his area variance were granted:

a.. The site plan map amended to include trees greater than six inches in diameter at breast height, the well, the seepage pit, exterior lighting, and landscaping plans.
b.. An accurate listing (from the County) of neighbors within 200 feet of the property and the uses of their properties.
c.. A completed environmental assessment form.

OTHER BUSINESS

Doug Greene distributed copies of his six-page analysis of the word "structure" in the Land Use Law, including background of the Board's discussion, general
observations, other considerations, and his recommendations. Members discussed the issue with many of the same points and arguments which had been made in the past, noting
that their recommendations would have to go through the Town Board before the law were changed. Chairman Lord said that the Town Board has not acted upon Planning Board
recommendations in the recent past. Lord asked Attorney Ferrari, in light of Greene's work and the Board's discussion, to draft up a "simple solution" to fix the law for
their next meeting.

The Board discussed lighting requirements (from Land Use Law Section 3.09) in relation to some situations in the Town. They also briefly discussed the
pending Article 78 petition, which is scheduled for hearing on September 7.

Bill Deane discussed the October 2 agenda. He said there were no applications on file as yet, and only a couple of non-urgent items of "other business."
Chairman Lord said that the meeting might be waived if this remained true by the September 18 application deadline. Donna Borgstrom said that she would not be at the
November meeting.

With no further business, at 8:58 PM John Phillips moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk