Minutes - October 5, 2004

Chairman Jonathan Bass opened the public hearings at 7:35 PM.

PUBLIC HEARINGS

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

No one was present on behalf of this application at the time of the scheduled hearing. Paul Lord moved to close the hearing. Donna Borgstrom seconded the motion, and it was carried unanimously.

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

Architect Elizabeth Davidson, representing Nettie Jean Scarzafava, described the project for the benefit of the public, as she had done for the Planning Board in previous meetings. Anne Lennebacker, the Scarzafavas' neighbor to the south, offered no objections to the project, but had some questions for Ms. Davidson. Ms. Lennebacker also said that she would like the trees cut on the boundary of the properties.

With no further speakers or correspondence, John Phillips moved to close the public hearing. Wes Ciampo seconded the motion, and it was carried unanimously.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:40 PM. Board members present were Bass, Paul Lord (vice chairman), John Phillips, John Stucin, Wes Ciampo, and Donna Borgstrom; absent was Lin Vincent. Also present were Town Attorney Margaret McGown, Zoning Enforcement Officer Jane Berry, and Planning Board clerk Bill Deane.

The Board reviewed the minutes of the September 7 meeting, prepared by Bill Deane and mailed to the members. Paul Lord moved to approve the minutes as written. John Phillips seconded the motion, and it was carried unanimously.

Zoning Enforcement Officer Jane Berry gave a report of her position. She has issued ten permits in the past month. She and Margaret McGown recently attended a Planning Federation conference, which they found informative and worthwhile. Berry is encouraging the Town Board to budget other conferences and workshop opportunities, and Town personnel to take advantage of them

Chairman Bass reported that the only new correspondence consisted of documents related to the Harrell application, which would be reviewed during the "applications" phase of the meeting. With no further reports or correspondence, Bass moved on to agenda applications.

AGENDA APPLICATIONS

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

Attorney Bob Schlather, representing Lise Harrell, arrived in time for the application review. Paul Lord read the minutes of the September 7 meeting relevant to this project. Chairman Bass shared the correspondence, consisting of a revised plat and an Agricultural Data Statement [filed]. Mr. Schlather distributed copies of the plat to the Board members. The Agricultural Data Statement included a list of Ag. District neighbors (within 500 feet of the property), which Planning Board clerk Bill Deane noted were the same four neighbors (including Mr. Schlather) notified for tonight's public hearing. Paul Lord wondered whether another public hearing would be necessary by Ag. District regulations, but Bass and Town Attorney Margaret McGown said that the only requirement was to notify the neighbors. Deane gave a copy of the Agricultural Data Statement to Mr. Schlather, and will mail copies to the other three neighbors [done October 6].

Bob Schlather reported that the required percolation test was not yet complete. This application will be put on the agenda for the November 9 Planning Board meeting. Chairman Bass noted that a major subdivision requires a second hearing, unless waived by the Planning Board.

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

Architect Elizabeth Davidson, representing Nettie Jean Scarzafava, was present. Paul Lord read the minutes of the September 7 meeting relevant to this project. Included were the five items which were to be submitted to the Board by September 21.

Zoning Enforcement Officer Jane Berry reported that the documents were received on time, and Ms. Davidson distributed copies of them for the Board's review. Included were thorough engineering drawings, showing the proposed storm drainage system, topographic contours, erosion control measures, and exterior lighting. Ms. Davidson orally described the proposed construction sequence. The consensus of the Board was that all their requirements had been met.

John Phillips moved to approve the site plan application. John Stucin seconded the motion, there was no discussion, and the motion was carried unanimously; the application was approved. Chairman Bass stamped the top sheet of each set of drawings "APPROVED" and signed them, with copies for Ms. Davidson and for the file. Ms. Davidson gave a check for $50 to Jane Berry, covering the $25 fees for the site plan review and the land use permit.

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

Howard Reiss was present. Paul Lord read the minutes of the September 7 meeting relevant to this application, including the list of items still needed: a map with the entire parcel surveyed, showing the splits of Lots #6 and 6A; a Department of Health perc test for the new lot; deed restrictions; and $375 payment to cover the fee for the new lot.

Mr. Reiss submitted the map and a check for $375, given to Zoning Enforcement Officer Jane Berry. Mr. Reiss stated that he had gone to the DOH for the perc test, but had been told by Matt Currey of that organization that it was not required; all that he needs, Currey told him, were codes inspection and approval. Mr. Reiss submitted a soils inspection and testing report from B. J. O'Neill [filed]. Mr. Reiss did not yet have a list of deed restrictions, so Chairman Bass asked him to send them to the Planning Board when ready.

Mr. Reiss was instructed to complete an Environmental Assessment Form (EAF). His application was tabled to give him time to do that, and resumed after the next (Lewicki) application.

Chairman Bass reviewed the EAF with the Board's input. Donna Borgstrom moved to provide a negative declaration and authorize Bass to sign the EAF. John Phillips seconded the motion, it was carried unanimously, and Bass signed the EAF.

John Stucin moved to deem the application complete, contingent upon designation of the perc fror the new lot on the plat, and schedule a public hearing for November 9. Paul Lord seconded the motion, and it was carried unanimously. Chairman Bass noted that a major subdivision requires a second hearing, unless waived by the Planning
Board.

Bill & Anne Yourno Lewicki - Simple lot split - St. Hwy. 28 (#81.00-2-16.01)

Bill and Anne Lewicki were present, as was Anne's brother, Jim Yourno. The Lewickis and Mr. Yourno are joint owners of an 88-acre parcel of land, and want to split it into two lots of 54 and 34 acres, respectively. Mr. Lewicki presented a survey map showing the proposed split.

It was noted that part of the land, including the road frontage, is in the Town of Exeter. This could cause problems; for example, if one of the lots were later subdivided, it could create a land-locked parcel. Town Attorney Margaret McGowan pointed out that the current owners could impose deed restrictions to prevent such a possibility. It was the consensus of the Board to request a list of deed restrictions from the Lewickis.

John Phillips moved to deem the proposal a first lot split. The motion was seconded by John Stucin, and there was no discussion. The motion was carried, 5-1, with Paul Lord voting "nay."

Chairman Bass asked the Lewickis to contact their attorney about setting deed restrictions, and to submit the new deed and restrictions to the Planning Board. Bass advised the Lewickis that the Board would generate a letter formalizing tonight's decision.

Debbie Kantor - Site plan modification - Portabello's Restaurant, 6027 St. Hwy. 28, Fly Creek (#114.05-1-61.00)

Debbie and Josh Kantor, co-owners of Portabello's restaurant, were present. They described their proposal to increase the permitted seating in the restaurant, currently 49 for two meals a day (approved by the Planning Board and the DOH), to 75 indoors and 24 outdoors for one meal a day. Town Attorney Margaret McGowan pointed out that their application did not clearly specify what they were applying for; Zoning Enforcement Officer Jane Berry amended the application to clarify it.

Mr. Kantor explained that their septic system was already designed to accommodate some 100 people a day, that the Fire Marshal had given written permission to increase Portabello's indoor capacity to 75 [notice filed], and that the Fly Creek United Methodist Church had given written agreement to provide up to 20 spaces of overflow parking for them [letter from pastor Thomas Pullyblank filed].

Mr. Kantor explained that the outdoor seating would consist of six 42-inch-wide tables (with umbrellas), seating four persons each, on the sidewalk around the building. He said these would still leave a three- to five-foot-wide section of sidewalk for people to walk on. The Board discussed the pros and cons of examining the site, either tonight or another time prior to the public hearing. Margaret McGowan pointed out that, if they met as a group on another date, it would have to be publicly announced as a meeting. Paul Lord asked whether the Kantors could set up the tables for the benefit of the Planning Board, so that they could better visualize the layout. Mr. Kantor stated that that would not be practical, because the tables are currently in storage, but promised to use sidewalk chalk the next day to outline where the tables would be placed and how much room they would require. Board members could then individually examine the location on their own, if they wished.

Chairman Bass asked whether the Kantors had considered an awning, rather than umbrellas. Ms. Kantor explained that patrons wouldn't be permitted to smoke if there were an awning, which is why they decided on umbrellas. Margaret McGown asked whether the piped music used by Portabello's would continue, and was advised that it would. The Kantors said that there would be no change in lighting.

Zoning Enforcement Officer Jane Berry showed Portabello's previously-approved EAFs, dated 12/31/01 and 2/27/03. She compared the proposal to the one the Planning Board approved for the Fly Creek General Store.

Paul Lord moved that the application go through site plan review. John Stucin seconded the motion, and it was carried, 5-1, John Phillips voting "nay."

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, they reached a consensus that it was a Type II action under Article 7. John Phillips moved to deem the application a Type II action, requiring no EAF. Wes Ciampo seconded the motion and it was carried unanimously.

Chairman Bass asked the Board whether there was additional information they wanted. The consensus was to request a scale drawing added to the map, showing (1) the buffer zone between the Kantors' property and that of their neighbor to the south, Helen Davis; (2) the parking spaces on Cemetery Road; and (3) arrows showing the traffic flow of the Portabello's parking lot.

John Phillips moved to deem the application complete, contingent on the aforementioned documentation being provided to the Zoning Enforcement Officer's satisfaction by October 26, and to schedule a public hearing for November 9. John Stucin seconded the motion and it was carried unanimously.

James Gleason - Site plan review, replacement of existing structure - 6872 St. Hwy. 80, Cooperstown (#69.36-2-25.00)

In the absence of Mr. Gleason, who is in Arizona for the winter, Zoning Enforcement Officer Jane Berry distributed copies of his application and described the proposed project. Builder Gus Pfeiffer will be representing Mr. Gleason in the future.

Mr. Gleason has an application for an area variance coming before the Zoning Board of Appeals (ZBA) on October 19. It was the consensus of the Board to wait for the ZBA decision before taking any action on the Planning Board application.

OTHER BUSINESS

Chairman Bass reminded the Board that next month's meeting would be on the second Tuesday of the month, rather than the first, due to Election Day. Planning Board clerk Bill Deane was asked to submit a public notice to that effect.

Town Attorney Margaret McGown reported no news about the Ray Key property, but said that she was writing a letter, which would be copied to Key, to Lou Hager, and for the Planning Board file.

Chairman Bass asked who should be notified in the case of a public hearing for a major subdivision: everyone in the subdivision, or just the abutting neighbors? Margaret McGown said she would look into this question and report back.

John Phillips reported on the September 8 Town Board meeting. The Planning Board's proposed changes to the Land Use Law were up for public hearing and vote during this meeting, and he and Lin Vincent attended as Planning Board representatives. Phillips reported that two proposed changes were approved, while the third (regarding health care facilities) was tabled at the Planning Board's request, giving them time to work on the wording of the proposed change. Town Clerk Pam Deane is working on updating the Land Use Law document, and the Planning Board will receive copies of the revised version.

John Phillips also suggested that the Planning Board, while working on Land Use Law revisions, address the subject of storage units, a potential issue in the Town.

Bill Deane requested that the Board properly introduce each applicant, for the benefit of the Board members and attendees, as well as the clerk and his minutes.

At 10:10 John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk