Town of Otsego Planning Board

Minutes - October 3, 2006

PUBLIC HEARING

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

Chairman Jonathan Bass called the public hearing to order at 7:31 PM. He
asked whether anyone from the public had any questions or concerns, but no
one responded. Paul Lord moved to close the public hearing. John Stucin
seconded the motion and it was approved, 5-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board
meeting to order at 7:32 PM. Members present were Bass, Paul Lord
(Vice-Chairman), John Stucin, Donna Borgstrom, and Lin Vincent. (Wes Ciampo
and John Phillips arrived at 10:05 for part of the "other business" portion
of the meeting, but did not take part in any votes.) Also present were
Planning Board Attorney Margaret McGown, Zoning Enforcement Officer Mike
Miller, and Planning Board Clerk Bill Deane.

The Board referred to the minutes of the September 5 meeting, mailed to the
members. Borgstrom moved to approve the minutes as mailed. Stucin seconded
the motion and it was approved, 5-0.

Zoning Enforcement Officer Miller reported on his last month's activity,
distributing a summary (filed) of six land use permits issued. Members
asked questions about some of these.

Chairman Bass reviewed correspondence received since the
last meeting:

a.. A 10/5 form-letter (filed in "general correspondence") from New York
State Lieutenant Governor Mary Donohue, regarding various grants available
to municipalities.
b.. A notice (filed) from the County Clerk's Office, regarding the 9/8
filing of the Gerry Welch subdivision.
c.. A 9/6 letter (filed) from Paul Kuhn, Chairman of the Watershed
Supervisory Committee, requesting the Town's consideration of adopting a law
requiring that new/replacement septic systems be equipped for phosphorous
removal.
d.. A note (filed) from Jeffrey Salinger, thanking the Board for their
work on his recent application.
APPLICATIONS

Midlakes Communications Corp. - 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. Paul Lord read aloud the minutes of September 5 relevant to this
application. Members examined the photographs submitted by Jeff Pfeiffer.
They were photos of the existing cell tower, with a rendering of the
additional height drawn in by pencil. Lin Vincent remarked that those who
built the existing tower should have done a better job, so it wouldn't have
to be replaced so soon.

John Stucin moved to approve the site plan. Lord seconded the motion and it
was approved, 4-0. Chairman Bass stamped the site plan "approved" and
signed it, saying that Pfeiffer could pick up copies the next day.
Borgstrom returned to the meeting table.

John & Amy Ford - First lot split - State Highway 205 (#112.00-1-26.00)

Amy and John Ford described their proposed split of a
135-acre lot into two lots of approximately 113 and 22 acres. Zoning
Enforcement Officer Miller confirmed that there had been no splits on the
property since 1987, thus that it qualified as a first lot split. The Board
noted that the proposed lots met the acreage and frontage requirements.

The Fords said that the property was being surveyed by Brian
Carso. They were advised to return with the completed survey at the
November meeting so the split could be formally approved.

Jim Parmentier - Lot line adjustment - 147 Stone House Road (#98.00-1-43.00
& -44.02)

Applicant Jim Parmentier was accompanied by Pete Bussman of
John Mitchell Real Estate. They described their proposed lot line
adjustment, leaving two parcels: lot #1, including the pottery workshop, of
1.36 acres; and lot #2, including the principal residence, of 0.83 acres.
Chairman Bass noted that the Land Use Law's acreage requirement is moot in
this case, since the current lots don't meet the requirements.

Members expressed concerns about the septic systems, as the
leech field of lot #1's system would be on lot #2. Attorney McGown pointed
out Land Use Law Section 3.04, which states that "The identified land area
associated with each principal building shall be sufficient to provide
independent water supply and sewage system in accordance with the
requirements of Section 3.02."

The consensus of the Board was that the applicant should
either make lot #2 smaller (removing the leech field), or install an
alternative septic system. They asked the applicant to return at the
November meeting with the proposed deeds, and to notify them if he would not
be ready at that time.

Carol Shirey - Minor subdivision - 4487 & 4519 State Highway 205
(#96.00-1-27.01 & 112.00-1-34.00)

Carol Shirey explained that she had come before the Planning
Board four years ago with the same proposed subdivision (splitting ten acres
from a 123-acre parcel), but had not completed the process. Bill Deane read
aloud from the minutes of the August 13 and September 10, 2002 meetings.
Shirey's application had been approved contingent on providing a perc test
by a licensed engineer, but she had not submitted that.

Chairman Bass went through the environmental assessment form
(EAF) submitted in 2002. Paul Lord moved to make a negative declaration and
authorize the chairman to re-sign the form. Donna Borgstrom seconded the
motion, it was approved, 5-0, and Bass re-signed and dated the EAF.

Lord moved to waive the 10-foot contour requirements. John Stucin seconded
the motion and it was approved, 5-0.

Stucin moved to deem the application complete, contingent on
a list of neighbors within 200 feet and their addresses being submitted by
October 31, and to schedule a public hearing for November 14. Lin Vincent
seconded the motion and it was approved, 5-0.

Bass advised Shirey to bring the Mylar and paper copies for
his signature. After she left, the Board realized that she would also have
to pay $175 per lot for the subdivision fee, unless she already had.

John & Sondra Croft - Minor subdivision - 503 Wiley Town Road
(112.00-1-23.31 & -.32)

John Croft described his plan to split off 3.3 acres from a
39-acre vacant lot. He submitted a survey, tax maps, and a perc test for
the smaller lot. John Stucin said he was familiar with the property and
that contours are not an issue. The Board ascertained that this qualified
as a minor subdivision, as this would make three lots created since 1987.

Croft was asked to submit a perc test for the larger lot,
and to complete an EAF. He will be put on the November agenda.

Joan Brady (Hans deWaal) - Site plan review, addition of roof above existing
deck within 100 feet of Canadarago Lake - 159 Marble Road (#52.10-1-1.00)

Engineer Hans deWaal represented applicant Joan Brady,
reminding the Board that they had approved her site plan for a deck earlier
this year. Now she wants to add a new roof, attached to the existing
dry-well, above the deck. The Board examined the documents submitted. Paul
Lord expressed concern about erosion control.

John Stucin moved to deem the project a Type II action,
requiring no further environmental review. Donna Borgstrom seconded the
motion and it was approved, 5-0.

Lin Vincent moved to deem the application complete and
schedule a public hearing for November 14. Borgstrom seconded the motion
and it was approved, 5-0.

Village of Cooperstown (Susan Snell) - Sketch plan conference, expansion of
pavilion within 100 feet of Otsego Lake - 6266 State Highway 80
(#84.00-1-26.00)

Architect Susan Snell described the Village of Cooperstown's
plan to rebuild or expand a pavilion, adding a deck, ramp, and lighting in
2007 at Three-Mile Point. Because this involves construction within 100
feet of Otsego Lake, she was advised they would need to go before the Zoning
Board of Appeals (ZBA) for an area variance before returning to the Planning
Board for site plan review. She said she would aim for the November 21 ZBA
meeting, and advise the Planning Board when she was ready to return.

John Butts - First lot split - Cook Road (#113.00-1-68.58)

John Butts had had a first lot split approved by the
Planning Board on March 7, 2006, but hadn't filed it with the County within
30 days. The Board re-examined the documents.

Paul Lord moved to deem this a first lot split and authorize
the chairman to sign the map. Donna Borgstrom seconded the motion and it
was approved, 5-0. Chairman Bass stamped the map "approved" and signed it.

OTHER BUSINESS

Attorney McGown reported on the "Article 78" filed against the LaValley
project. She said she had presented the Town's arguments and submitted a
memorandum of law, and they were awaiting Judge Dowd's decision.

Copies of Zoning Enforcement Officer Miller's proposed Planning Board
checklist were distributed to the members. Attorney McGown and Chairman
Bass made some suggestions. Board members were asked to examine the list
and be ready to discuss it next month.

Chairman Bass reported that the Village of Cooperstown's application for
interpretation of the Land Use Law went before the ZBA, and they decided
that their outdoor furnace did not constitute an expansion of a
non-conformity. However, Zoning Enforcement Officer Miller reported that
the Village's application had subsequently been denied by the Village Board.

Chairman Bass discussed the potential Land Use Law revision concerning
short-term rental language. He said the Town Board was "chewing on" his
suggestions.

Chairman Bass also discussed the potential Land Use Law revision on
subdivisions. He said the Town Board's first public hearing on the subject
was a "hornet's nest." The consultant who drafted the proposal was not in
attendance, and consequently there were a lot of unanswered questions.
Meanwhile, a mysterious citizen's group has circulated fliers strongly
opposing the proposal, and is holding a meeting on the subject on October 4.

Zoning Enforcement Officer Miller submitted his potential Land Use Law
revision regarding Section 4.04 (lakeshore protection area), which he
drafted at the request of the Town Board. Discussion followed. The
consensus of the Planning Board was that the draft was acceptable and ready
to take to the Town Board.

Chairman Bass discussed payment for Planning Board members. He said the
Town Board had seemed receptive to the idea, and had budgeted 2007 money for
it, but that no formal resolution had been made as yet.

Zoning Enforcement Officer Miller described his need for software, which he
said would be helpful in tracking Planning and Zoning Board applications.
The Town Clerk uses software supplied by BAS, but has had problems with that
company. Miller said that he needed to research other options.

Bill Deane reminded the Board that the next meeting was on November 14, due
to Election Day falling on November 7. He has already advertised the
change.

Bill Deane also brought up an issue that came up during the September 19 ZBA
meeting. Deane read from the minutes (not yet approved) of that meeting.
The question arose about fences, and the ZBA's consensus was that they fit
the definition of "structure" and thus that any fence erected within 30 feet
of a property line would require an area variance. The Planning Board could
not dispute that, and discussed possible ways to remedy the law: to redefine
"structure," or list exceptions to structures requiring variances. Members
were asked to think about this and be prepared to discuss it at the November
meeting.

Chairman Bass noted that Harmony House was now serving dinner, and that
Richard Votypka had asked to amend his site plan. During the July 5, 2005
meeting, Votypka had said he would be serving only breakfast and lunch, from
3 AM to 6 PM. After the public hearing on September 6, he had agreed with a
neighbor's request to go through site plan modification and another public
hearing if his hours of operation were changed. However, there were no
restrictions specified on the special permit. Zoning Enforcement Officer
Miller was asked to invite Votypka to the November meeting for site plan
modification.

With no further business, at 10:18, Lin Vincent moved to
adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk