Town of Otsego Planning Board

Minutes – September 2, 2008

REGULAR MEETING
Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order at 7:33 PM, and roll call was taken by Planning Board Clerk Bill Deane. Members present were Lord, Donna Borgstrom (Vice-Chairman), Joe Galati, and Doug Greene. John Phillips, Wes Ciampo, and Steve Purcell were absent. Zoning Enforcement Officer John Stucin, Planning Board Attorney Jim Ferrari, and Town Engineer Wayne Bunn were also present.

Chairman Lord advised applicants that, with only four of the seven members present, a unanimous vote was required to pass any motion. He gave applicants the option of tabling their applications until a future meeting.

The Board reviewed the minutes of August 5, 2008, mailed to the members. Borgstrom moved to approve the minutes as written. Greene seconded the motion and it was approved, 4-0.

Copies of Zoning Enforcement Officer Stucin’s report (filed) for August-September were distributed. It consisted of the meeting agendas for the Planning and Zoning Boards, and a list of four land use permits issued.

Chairman Lord passed around general correspondence received since the last meeting, consisting of fliers for three upcoming seminars: “Current Issues in Storm Water Regulation” (Syracuse, September 16); “Zoning, Subdivision and Land Development Law” (Syracuse, October 28); and “Sustainable Development” (Albany, November 5).

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 August 5 relevant to the Edward Walker application. Chairman Lord read aloud from August 28 reports (filed) from Walker’s engineer, Alan Swierczek, P.E., and Town Engineer Wayne Bunn. Copies of the latter report were distributed upon request to interested parties in the audience.

Walker noted that the Department of Environmental Conservation (DEC) had received the full storm-water pollution prevention plan (SWPPP) which he mailed on August 8, though they have not yet responded. He again asked the Board to deem his application complete contingent on the DEC approval, offering to “stop the clock” on his application process later, if necessary. Walker said he had complied with everything asked of him over the past eight months, and just wants to move forward.

Attorney Ferrari said he saw no problem in deeming the application complete with that contingency. He said the DEC would just acknowledge the receipt and completeness of the SWPPP and continue with their process. The proposed deed language is based on the SWPPP, which may be revised based on the DEC response.

Following discussion, Borgstrom moved to deem the application complete, contingent on receipt of the DEC’s response by September 23, and to schedule a public hearing for October 7. Galati seconded the motion and it was approved, 4-0.

Lord noted the history of water outages in the area after previous developments. He asked Town Engineer Bunn whether he was concerned about the minimal lot sizes in light of the slope of the property, and whether he had any concerns about Swierczek’s report. Bunn said he had no particular concerns.

Lord acknowledged receipt of unsolicited correspondence (filed) from the following Walker neighbors: M. Seaver (August 27), Teresa Gorman (August 24), Veronica Seaver (August 29), Debra Creedon (August 28), Clare Wetteman (August 29), Cheryl Phillips (August 29), Carol Akin (August 28), and Marilyn Bradshaw (August 28). Lord invited members to review this correspondence after the meeting.

David Bertram – Sketch plan conference, lot line adjustment – County Highway 28 (#99.00-1-1.22 & - 2.01)
Donna Borgstrom read aloud the minutes of August 5 relevant to the David Bertram application. Bill Deane read aloud from the not-yet-approved minutes of the August 19 Zoning Board of Appeals (ZBA) meeting. That Board said they could not rule on Bertram’s application for variance from the road frontage requirement, since he hadn’t been formally denied anything. ZBA Chairman Greg Crowell was present at Deane’s invitation, to bridge the communication gap between the two Boards. Crowell explained that Bertram was asking them for a variance on a lot that does not currently exist. The ZBA suggested that Bertram make a driveway easement a condition of the sale of his proposed seven-acre lot, eliminating the impropriety of granting an easement to himself.

After discussion, the consensus of the Planning Board was that Bertram should apply for a building permit for the landlocked lot to Zoning Enforcement Officer Stucin. Upon being denied that, he could return before the ZBA to apply for his area variance. If the ZBA approved his variance, he could return before the Planning Board to pursue his lot line adjustment.

SBA Towers – Site plan modification, cell tower – State Highway 205 (#97.00-2-2.00)
Donna Borgstrom read aloud the minutes of June 3 relevant to the SBA Towers application. Amy McShane explained that, after their application was approved on that date, they learned that a small portion of the proposed access road was located in the 100-year flood plain. They redesigned the road accordingly, and their revised proposal was deemed “acceptable” by the Department of Transportation in a September 2 letter (filed). McShane submitted a revised site plan.

Following discussion, Borgstrom moved to approve the site plan modification and waive the public hearing, in light of the minor modification and previous public hearing. Doug Greene seconded the motion and it was approved, 4-0. Chairman Lord stamped the revised site plan “approved” and signed it.

Jean B. Viek/Scarzafava – Sketch plan conference, subdivision/lot split – Red House Hill Road (#69.00-1-9.01 & -10.00)
No one appeared on behalf of this application. Chairman Lord informed the Board about some history and potential issues concerning this neighborhood.

Mary Lou Votypka/John Mitchell Realty/Reid Nagelschmidt – Site plan review, special permitted use, barber shop – State Highway 28, Fly Creek (#114.05-1-37.00)
David LaDuke of John Mitchell Realty presented a letter (filed) from property owner Mary Lou Votypka, authorizing him to represent her in this application. Also present was Reid Nagelschmidt, renter of Votypka’s former antique store, who plans to open “Reid’s Barber Shop” in the building.

Nagelschmidt, who has a barber’s license, said he planned to be open for business from 8 AM to 5 PM, have no employees besides himself, use up to five of the available parking spots, and not expand on the existing lighting except for an illuminated barber pole.

LaDuke asked to waive the public hearing requirements. Board members said that was not possible, as site plan review is required for the special permitted use, and past projects in that location have sparked controversy. Lord noted that an application had not even been submitted. The Board reviewed the special permit and site plan requirements in Sections 7.03 and 8.04 on pages 29-30 and 32-33 of the Land Use Law, giving copies of these pages to LaDuke and Nagelschmidt, and advised them that they would need the following:

* Completed site plan review/special permitted use application, including $50 in application fees.
* List of neighbors within 200 feet of the property, and their addresses.
* List of New York State permits required.
* Construction sequence.

Doug Greene moved to deem the application complete, contingent on the Zoning Enforcement Officer’s receipt of all of the above by September 23, and to schedule a public hearing for October 7. Donna Borgstrom seconded the motion and it was approved, 4-0.

Bruce Bagley – Lot line adjustment – 1663 County Highway 22 (#67.00-2-13.03 & -13.04)
This application was added to the agenda by Zoning Enforcement Officer Stucin. Bruce Bagley submitted an boundary line adjustment form, a plat, a GIS map showing his proposed adjustment (along with the flood plain and state and federal wetlands), and proposed deed language. Attorney Ferrari reviewed the language and expressed satisfaction with it.

Joe Galati moved to approve the lot line adjustment as submitted. Donna Borgstrom seconded the motion and it was approved, 4-0. Chairman Lord stamped the plat “approved” and signed it, advising Bagley to file it with the County within 30 days.

OTHER BUSINESS
Chairman Lord read aloud a July 21 letter (filed) from the Department of Health (DOH) regarding Jerry Miller’s Creekside Cottages project. The DOH said that the project should have been deemed a Type I action, though they didn’t explain why. Lord said it was too late to do anything about it at this point. Bill Deane noted that, on June 3, the Board had approved the site plan/special permitted use contingent on County Planning Board approval. The County had subsequently approved Miller’s application conditional on his receiving a DOH permit. Lord phoned engineer Hans DeWaal, asking the status of the situation. DeWaal said he would keep the Board posted. There was no action for the Board to take at this time.

Chairman Lord said he could make Town business cards for anyone who wants them.

Bill Deane discussed the October 7 agenda. Currently, the only applicants are Walker and Votypka, both with public hearings, provided they submit their required documentation on time.

Zoning Enforcement Officer Stucin said that Tom Bouton was updating the septic system of the Fly Creek General Store, and wondered if that would require a site plan modification. Lord advised Stucin to ask Bouton to submit documentation on the upgrade, after which the Board could decide what, if any, action is necessary on their part.

Bill Deane asked about some black three-ring binders that the Town Clerk said she acquired for the Planning Board last October. She put the box of binders outside her office, and it is no longer there. She wondered if Planning Board members had taken the binders. None of the Board members present said they knew anything about such a box. Chairman Lord said he had gotten tired of waiting for the binders and, after talking with the Town Supervisor, went out and bought them for the members.

With no further business, at 9:53 Donna Borgstrom moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk