Minutes - October 4, 2005

Chairman Jonathan Bass called the public hearings to order at 7:33 PM.

PUBLIC HEARINGS

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

No one was present on behalf of this application. The public hearing was tabled until after Cellular One representative Michael Ries arrived, and was reopened at 7:59, after the regular meeting. Ries described the project for the benefit of the public, using an easel to display the drawings. Paul Lord asked whether anyone from the public had any questions or comments. Jerry Selan said that the Cooperstown Sportsmen's Association had no concerns about the project. Selan identified himself as treasurer and member of the Board of Directors for the Sportsmen's Association, which owns the property being used by Cellular One.

Paul Lord moved to close the public hearing. John Phillips seconded the motion and it was carried, 6-0.

Joe Siracusa, Farmers' Museum - Site plan approval, Empire State Carousel - 800 Lake Road, Cooperstown (#115.00-1-4.00)

Joe Siracusa briefly explained the proposed project. Chairman Bass asked if anyone from the public had any questions or comments, but no one responded. Paul Lord moved to close the public hearing. Wes Ciampo seconded the motion and it was carried, 6-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:36 PM. Members present were Bass, Paul Lord (Vice Chairman), John Stucin, Wes Ciampo, Lin Vincent, and John Phillips. Donna Borgstrom was absent. Also present were Zoning Enforcement Officer Sal Furnari, Town Attorney Margaret McGown (who arrived during the regular meeting), and Planning Board clerk Bill Deane.

The Board referred to the minutes of the September 6 meeting, mailed to the members. John Phillips moved to approve them as written. Lin Vincent seconded the motion and it was approved, 6-0.

Chairman Bass asked whether Zoning Enforcement Officer Furnari had any report. Furnari said only that he was awaiting a site plan application from the Fly Creek Friesians. Bass asked about the status of the Linden Avenue parking lot. Bill Deane reported that the Zoning Board of Appeals (ZBA) had scheduled a public hearing on it for October 18. There was also some discussion about the Votypka project.

Chairman Bass reviewed correspondence generated and received since the last meeting:

a.. A copy of his letter (filed) to attorney Robert Schlather regarding the Swing first lot split, discussed during the last meeting.
b.. A copy of his letter (filed) in reply to Nancy Buetow's letter, discussed during the last meeting.
c.. A notice (filed) from the Otsego County Planning Department, acknowledging receipt of the Planning Board's referral of the Farmers' Museum application. The application was put on the County Planning Board's October 6 meeting agenda.
d.. A notice (filed) from the Otsego County Planning Department, stating that they had no issue with the proposed Nicholas Kartalis subdivision. This application had since been withdrawn.
e.. A copy of a notice from the Town ZBA, granting the area variances sought by Virginia Joslin-Hastings.
f.. An October 1 note from Marie Rudloff, saying that her neighbor, Richard Votypka, was not complying with his approved site plan. She wrote that construction trucks were entering the site in the "exit only" driveway, and doing damage to her adjoining property. Chairman Bass asked Zoning Enforcement Officer Furnari to discuss the complaint, along with other concerns, with Votypka.
g.. Letters (given to Town Attorney McGown) from the Otsego County Clerk, regarding subdivision approvals granted to Clifford Coleman and Frances Mead. Bass asked McGown to advise the County Clerk's office that these did not need to be sent to the Planning Board, since they involve the Village of Cooperstown rather than the Town of Otsego.
h.. A notice (filed) from the Otsego County Clerk, regarding the September 13 filing of Alma "Lady" Ostapeck's subdivision plat. Wes Ciampo noted that one of Ostapeck's buyers had backed out.
i.. A notice (filed) from the Otsego County Clerk, regarding the August 26 filing of Raymond Key's subdivision plat.
j.. A copy of a September 16 letter (filed) from Otsego County Code Enforcer Neal McManus, with a list of county requirements for Richard Votypka's project.
k.. A letter from attorney Lester Sittler, regarding a proposed lot split by Timothy G. Weir of Keys Road. Enclosed maps illustrated a proposed split of a lot into two parcels of 4.2 and 4.85 acres, respectively. Bass said that, though it appeared to be a simple first lot split, Sittler would have to come before the Planning Board, and produce a letter authorizing him to represent Weir. Bass gave the letter to Zoning Enforcement Officer Furnari and asked him to contact Sittler about coming to the November meeting.
l.. A copy of the Town of Davenport's boundary line adjustment policy and form, brought in by Town Attorney McGown. McGown said she was impressed by this, and recommends that the Town of Otsego institute a similar procedure. Bass asked the Board members to look the document over and be prepared to discuss it at the November meeting.
m.. Copies of the revised (September 14, 2005) Land Use Law, distributed to members.

With no further correspondence or reports, the Board moved on to applications.

APPLICATIONS

Ed Kukenberger - Lot line adjustment - County Highway 26 (#114.00-1-75.01, et al)
Bill Deane reported that Ed Kukenberger had again asked to be removed from tonight's agenda and added to the November 1 meeting agenda.

Cellular One - Site plan approval, cell tower - State Highway 28 (#114.00-1-20.01)
Paul Lord read aloud the minutes of the September 6 meeting relevant to this application. Michael Ries submitted construction sequence drawings, which were briefly reviewed by the Board.

John Phillips moved to approve the site plan as submitted. Wes Ciampo seconded the motion and it was approved, 6-0. Chairman Bass stamped the application "approved" and signed it. Ries submitted a check for $25 to cover the site plan application fee. Bass advised Ries to work with Zoning Enforcement Officer Furnari and the County regarding any building permit requirements.

Joe Siracusa, Farmers' Museum - Site plan approval, Empire State Carousel - 800 Lake Road, Cooperstown (#115.00-1-4.00)
Paul Lord read aloud the minutes of the September 6 meeting relevant to this application. Joe Siracusa described some changes to the application, and architect Kurt Ofer described the erosion control plans. They said they hoped to start construction within two weeks.

John Stucin pointed out that the Planning Board can't approve the site plan until the County acts on their referral, which they expect to do at their October 6 meeting; the Planning Board could then approve the site plan at their next meeting on November 1. Siracusa and Ofer claimed that waiting until then would present a hardship. The Board discussed holding a special meeting on October 14 to complete this application. Stucin moved to table the application. Lord seconded the motion and it was approved, 6-0. Chairman Bass said the Board would decide by the end of the meeting if and when a special meeting would be scheduled.

Joslin-Hastings Trust - Site plan review, addition to existing structure within 500 feet of Otsego Lake - State Highway 80, Cooperstown (#69.36-2-19.00)
Paul Lord read aloud the minutes of the August 2 meeting relevant to this application, and Chairman Bass read aloud a letter (filed) from Virginia Joslin-Hastings, authorizing Hans deWaal to represent her for the application process. DeWaal submitted a check for $25 to cover the site plan application fee. Lord complained that the agenda didn't include the address of the property, so he was unable to visit the site. Bill Deane said he just copied what was on the application.

deWaal explained the project and submitting drawings. Lord asked what was being done to mitigate the considerable increase in impervious surface close to the Lake. deWaal said there would be a 500-gallon seepage pit surrounded by stone for roof drainage.

After beginning to review the Environmental Assessment Form (EAF), the Board discussed whether it would be needed, reviewing SEQRA, section 617-5 (C). John Stucin moved to deem it a Type II application, not requiring an EAF. Wes Ciampo seconded the motion and it was approved, 6-0.

The Board then reviewed site plan requirements on page 33 of the Land Use Law. deWaal said that there would be a 50-watt shielded light bulb by the new exterior door, and that construction would take about three months. Chairman Bass pointed out that the application would have to be referred to the County.

DeWaal asked if the public hearing could be waived, in view of the fact that the ZBA had held a hearing and no one from the public had attended. Lord said he saw no reason to waive the hearing, and the matter was dropped.

Lord moved to deem the application complete and schedule a public hearing for November 1. Lin Vincent seconded the motion and it was approved, 6-0.

Randy Dean - Minor subdivision - 6023 State Highway 80 (#99.00-1-6.02)
Randy Dean described his plan (originally brought before the Planning Board on August 2) to divide an 88-acre lot into four parcels, three of them about 1½ acres each. This is permissible under the lot averaging rule in Section 2.11 on page 14 of the Land Use Law, as long as there is at least 100 feet of road frontage on each lot, which Dean says there is. He submitted a map, surveys, and an EAF.

Dean made and initialed corrections on the EAF, and Chairman Bass completed the Planning Board's section with the Board's input. Lin Vincent moved to declare a negative declaration and authorize Bass to sign the form. John Phillips seconded the motion and it was approved, 6-0.

Phillips moved to waive the full survey requirement, since the applicant had already provided an adequate full parcel survey with legal representation from an attorney. Vincent seconded the motion and it was approved, 6-0.

John Stucin moved to deem the application complete and schedule a public hearing for November 1. Paul Lord seconded the motion and it was approved, 6-0. Dean submitted a check for $525 (three lots at $175 per lot) in payment for the subdivision application.

Deborah Kantor - Sketch plan conference, Portabello's Too catering hall - State Highway 28 (#97.60-2-4.42)
Deborah and Josh Kantor returned to follow up on the informal discussion they had during the August 2 meeting. They hope to build a catering hall on the northeast side of State Highway 28, next to the Otsego Electric substation across from State Highway 80. The Kantors are in contract to buy the land from Emily Wright. Wright will need to have a first lot split approved by the Planning Board before the land is sold.

Landscape architect Michael Haas described and submitted detailed drawings of the proposed project. It includes a 5,000-square-foot structure housing a banquet hall and kitchen, vegetated swales for water runoff, and evergreen trees on the south side. There will be stylized lighting on poles about 18 feet high, and a lighted sign. They will be working with engineer Hans deWaal, who is working on a septic plan. Paul Lord suggested they plant a hedge between the parking lot and the road.

Haas noted that they would need a Department of Transportation (DOT) permit for driveways and signs, and a Department of Environmental Conservation (DEC) wetland permit. Chairman Bass added that the application would have to be referred to the County. Bass said that the application qualified as an unlisted action, requiring a short-form EAF.

The Planning Board advised the Kantors that they couldn't approve anything until they actually own the property. Josh Kantor said that the Board had approved a previous application of theirs before they owned the property.

Sarah Kromhout - Site plan review, construction within 100 feet of Canadarago Lake - 92 East Lake Road, Richfield Springs (#52.08-1-6.00)
David Bestwick, contractor for Sarah Kromhout, said that he had gotten a building permit from the County Codes Officer Neal McManus to build a roof on Kromhout's home near Canadarago Lake. The construction was well underway when Zoning Enforcement Officer Furnari advised him he was in violation, and told him to stop construction until the Planning Board had a chance to review the project. Bestwick completed the roof and began shingling it after this.

The project has increased the height of the roof by at least ten feet, but there is no change in the building footprint. Furnari said that one neighbor had given him a verbal complaint. Paul Lord asked Furnari to remind McManus about the lakeshore protection area law.

The consensus of the Board was that the project requires site plan review, due to the construction within 100 feet of the Lake and the neighbors' decrease in visibility of the Lake. Only John Phillips expressed disagreement. Lord went through site plan requirements on page 33 of the Land Use Law. He said that the Board would want erosion control details, due to the increase in impervious surface close to the Lake. Kromhout was also asked to provide, among other things, landscaping details, a survey if available, a map drawn to scale, and a list of neighbors (and their addresses) within 200 feet of the property.

Bestwick was advised that he could not continue shingling the roof until the site plan was approved.

Deb Dalton/C. R. Jones, Cook Foundation - Site plan review, kiosk within 500 feet of Otsego Lake - 6000 State Highway 80, Cooperstown (#99.00-1-32.01)
Deb Dalton and C. R. Jones described their plan to build a 12x16' information kiosk about 250 feet from Otsego Lake, on the Brookwood Gardens grounds operated by the Cook Foundation since 1985. The facility is thus a pre-existing, non-comforming use. Per the lakeshore protection area section on page 19 of the Land Use Law, this requires site plan review. Dalton and Jones submitted various drawings and maps.

Town Attorney McGown referred to the permitted and special uses listed on pages 6-7 of the Land Use Law. The Board discussed whether the project should be classified as an expansion or modification, and recreational or accessory use. After discussion, John Phillips moved that the project does not represent an expansion of a non-conforming use, since the kiosk will be just informational and ornamental. John Stucin seconded the motion and it was approved, 5-1, with Paul Lord opposed.

The Board reviewed site plan requirements on page 33 of the Land Use Law. Lord asked the applicants to consider a dry-well or landscaping to mitigate the increase in impervious surface close to the Lake.

Stucin moved to deem the application a Type II action. Wes Ciampo seconded the motion and it was approved, 6-0. Lin Vincent moved to deem the application complete, contingent on any changes associated with landscaping, lighting, and utilities, and schedule a public hearing for November 1. Phillips seconded the motion and it was approved, 6-0.

OTHER BUSINESS

Zoning Enforcement Officer Furnari said that someone had asked him about placing a camper on a half-acre lot on Canadarago Lake for four months next year. Furnari said the Planning Board should determine what qualifies as a building so issues like this can be addressed. The Land Use Law says that there is a 90-consecutive-day limit on self-contained vehicles, but it may depend on what type of camper it is.

Furnari brought up the Schallert subdivision issue. The subdivision was approved by the Planning Board on July 2, 1990, and the plat was filed with the County on August 9 of that year. Chairman Bass said that the Planning Board doesn't have to do anything at this time.

Bill Deane said that the Board needed to decide about a special meeting for the Farmers' Museum application, but was told it had already been scheduled for October 14 at 7 PM. Deane was asked to submit a public advertisement about the meeting, but told that no agenda would be needed. Deane asked why a special meeting was scheduled to accommodate the Farmers' Museum, since many applicants claim the Planning Board's usual waiting process creates hardship for them. Deane expressed concern that this would set a precedent for other applicants to request special meetings to expedite their application process. The consensus of the Board was that this was a special circumstance, due to the logistics of moving and placing a large historical artifact.

Bill Deane asked about the issue of neighbors' addresses supplied by the applicants. Deane often informs the Board about letters returned due to incorrect address, and some neighbors have called the Town Clerk, wondering why they weren't notified about public hearings. The applicant is required to provide this information, but whose responsibility is it to determine whether the list is complete and accurate? The consensus of the Board was that this is the Zoning Enforcement Officer's responsibility.

Zoning Enforcement Officer Furnari mentioned that Dave Bertram had bought 80 acres in Pierstown, and wanted to do a lot line change, but there was some kind of problem. Town Attorney McGown explained that the previous owner had never completed his lot line change. That owner's application was approved contingent on McGown reviewing the deeds, but she hadn't ever received them from attorney Ed Gozigian. Until this is resolved, Bertram cannot go forward with his lot line change.

At 11:12 PM, Wes Ciampo moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk