Minutes - November 9, 2004

Chairman Jonathan Bass opened the public hearings at 7:30 PM.

PUBLIC HEARINGS

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

Howard Reiss described his project for the benefit of the public, with his plat displayed on an easel. Reiss plans to subdivide a 14.5-acre lot into two parcels of 3.3 and 11.2 acres, respectively.

Ned Walker, describing himself as Reiss's abutting neighbor to the south (but outside of the original subdivision), stated that he supports the project.

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

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

Debbie Kantor began describing her family's proposal to increase the seating capacity of Portabello's from 49 to 75 indoors, and add 24 seats at six tables outdoors. Josh Kantor arrived shortly after and added to the description.

Bill Ross of Fly Creek expressed his concerns regarding safety. He said that the corner is difficult for motorists to see around now, and it will only get worse
with the addition of the outdoor tables and umbrellas. He also is worried that patrons will park in the fire department parking lot, obstructing firefighters' traffic. Josh Kantor explained that the Fly Creek United Methodist Church has offered Portabello's up to 20 overflow parking spaces, and also noted that there are signs at the restaurant, instructing people not to park in front of the fire department. If patrons do park there, Kantor encourages people to notify the police.

Mary Jo Merk of Fly Creek spoke in support of the project, saying that Portabello's has beautified the corner. As to Mr. Ross's earlier point, Merk asked rhetorically, "What fire department?"

Ed Kukenberger of Fly Creek expressed his concerns about the adequacy of the septic system, since he lives just downhill from it. He said that former Town of Otsego Codes Enforcer Ed Olsen had told him that the septic system was "iffy" when it was designed for only 49 patrons at a time, so how could it support 99? Kukenberger also wondered how the Kantors would enforce the parking arrangements, and said that the umbrellas the Kantors plan to use are unsightly.

Josh Kantor replied that the septic system was approved and monitored by the Department of Health for 49 people, two meals per day, so it is already adequate for the 99 people that could be served under the proposed modification. He also said that, now that they have actual data on septic usage, it is more informative than the projections Ed Olsen might have used when the septic system was first evaluated a few years ago. In response to the parking question, Kantor said that they could only provide the arrangements, but couldn't force people to abide by them.

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 7:41 PM. All seven Board members were present: Bass, Paul Lord (vice chairman), John Phillips, John Stucin, Wes Ciampo, Donna Borgstrom, and 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 October 5 meeting, prepared by Bill Deane and mailed to the members. Chairman Bass noted that the description of the Harrell public hearing on page 1 omitted the fact that he asked for comments or questions from the public, and that there was no response. Paul Lord pointed out that, on the bottom of page 3, the title of the book should be the New York State Environmental Quality Review Act Handbook. Donna Borgstrom moved to approve the minutes as modified. Paul Lord seconded the motion, and it was carried unanimously.

Zoning Enforcement Officer Berry gave a report of her position. She issued only seven permits in the past month, but those projects totaled more than $800,000. She also had more than 100 inquiries and meetings, and worked on wording for the proposed Land Use Law revisions.

Chairman Bass reviewed correspondence received since the October meeting:

* A letter from Mary Winne, asking that she be included in the mailing list for any public hearing on the Frank & Ruth Kukenberger minor subdivision. Chairman Bass and Town Attorney McGown decided that, if such a hearing were scheduled, there would be no objection to including Ms. Winne on the mailing list. Her letter was put into the Kukenberger file.

* A letter from the Town of Otsego Zoning Board of Appeals (ZBA) regarding the James Gleason application. Chairman Bass decided to address this during the appropriate "applications" portion of the agenda.

* A letter from Joe Middleton, Vice President of Bassett Healthcare, requesting permission to increase the Linden Avenue extension parking area by removing brush and debris, doing landscaping, and adding all-weather packed gravel. The letter was accompanied by a map illustrating the proposal. Zoning Enforcement Officer Berry said that she had already given Bassett the go-ahead for the first step, cleaning up and repairing the existing lot, and that Bassett would be in contact with the Board as the project progresses. The Board discussed the question of what is owned by whom (the Town of Otsego, the Village of Cooperstown, or Cooperstown Central School) in that area. Chairman Bass asked Bill Deane to start a file with this correspondence.

* A notice about "Turn Your Downtown Around," a New York State teleconference scheduled for November 16.

* The Towns & Topics magazine. Copies were distributed to the members.

At Town Attorney McGown's request, an item of "other business" was moved up to this portion of the meeting. Robert Poulson, attorney for Lou Hager, was in attendance to discuss the transfer of the Ray Key property to Hager. Poulson asked what the Board needs from him. McGown read the minutes from November 11, 2003, during which the application was approved with contingencies. Poulson and the Board examined the survey map. Chairman Bass explained that the Board needs to see deed descriptions, showing the removal of one boundary line, which would be reviewed by McGown. After her endorsement, the Board would prepare a letter finalizing the approval of the application. Poulson said he would submit new deeds to McGown.

AGENDA APPLICATIONS

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

Paul Lord read the minutes of the October 5 meeting relevant to this project. Attorney Robert Schlather was present, and provided the requested perc test, which was added to the file. This completed the Planning Board's requirements.

John Phillips moved to waive the second public hearing required for a major subdivision. Lin Vincent seconded the motion, and it was carried unanimously.

John Stucin moved to grant preliminary and final approval to the application. Paul Lord seconded the motion, and it was carried unanimously. Chairman Bass signed the plat, denoting that the application was approved.

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

Paul Lord read the minutes of the October 5 meeting relevant to this project. Howard Reiss located the perc on the maps, based on the surveyor's findings. Bill Deane noted that one neighbor letter, sent to Margaret Carey at the address provided by Reiss, was returned, "not deliverable as addressed."

Donna Borgstrom moved to waive the second public hearing required for a major subdivision. Wes Ciampo seconded the motion, and it was carried unanimously.

Paul Lord moved to grant preliminary and final approval to the application. John Phillips seconded the motion, and it was carried unanimously. Chairman Bass stamped the application "APPROVED" and signed it.

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

Paul Lord read the minutes of the October 5 meeting relevant to this project. Josh Kantor submitted a map providing the three items requested during the October meeting. Several Board members stated that they had inspected Kantor's chalk drawings after the October meeting, and John Phillips said that he had taken measurements of them.

Paul Lord criticized the hay bales and sandwich boards that the Kantors already have on the sidewalk, making it unsuitable for pedestrian traffic. Josh Kantor replied that the Department of Transportation requires 25 feet of clearance from the center of the road, and they have at least 26 feet all around the building.

Chairman Bass introduced the possibility of the Board's approving a lesser number of tables, such as four instead of six. After seeing how that worked out, the Kantors could reapply for the additional tables at a later time. Discussion followed.

The Kantors showed photographs of the umbrellas they plan on using. Chairman Bass remarked that the "BUD LIGHT" umbrellas are not in character with the neighborhood, and Paul Lord called them "tacky." Josh Kantor said they had bought the commercial-grade umbrellas before they came to the Planning Board, not thinking they needed approval for them. They had also looked into other umbrellas, but found them to be more expensive and/or less durable. Zoning Enforcement Officer Berry pointed out that umbrellas are not classified as signage, thus not subject to regulations governing signs.

John Phillips stated that Board members should go by the rules, and not let personal opinions about aesthetics govern their decisions. Lin Vincent asked for clarification on the application's status, since she missed the October meeting. Chairman Bass affirmed that the application had been deemed complete.

Chairman Bass reviewed the Board's three options: they could approve the application, approve it with stated modifications, or deny it.

Paul Lord moved to approve increasing Portabello's seating capacity to 75 indoors and 16 outdoors, with a maximum of four tables, kept within the lamp-posts on the sidewalk, and covered by umbrellas without logos. Chairman Bass seconded the motion, and more discussion followed. The motion failed by a 5-2 vote, only Lord and Bass in favor.

John Stucin moved to approve the application as submitted, increasing Portabello's seating capacity to 75 indoors and 24 outdoors, with six tables kept within the lamp-posts on the sidewalk, and no restriction on the umbrellas. John Phillips seconded the motion, there was no further discussion, and it was carried, 5-2, Chairman Bass and Paul Lord voting "nay."

Chairman Bass stamped the map "APPROVED" and signed it. Zoning Enforcement Officer Berry asked engineer Hans deWaal, who was in attendance, to provide two more copies of the map for the file.

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

No one was present on behalf of this application; Mr. Gleason was in Arizona for the winter. Chairman Bass read the ZBA's letter, approving area variances of 54 feet to the west and five feet to the south. Zoning Enforcement Officer Berry, having worked with the applicant, and been present during the ZBA's deliberations, clarified the project for the Planning Board. She said that the applicant wants the Board to decide whether the application is complete, and if so, proceed to public hearing next month.

Paul Lord said he felt it would be inappropriate to decide on an application with no representative present, and using a Town employee as a go-between. It was the consensus of the Board to table the application until a representative was present.

Harold Armstrong - Site plan review, reconstruction of structure within 100' of Canadarago Lake shoreline - 2087 Cty. Hwy. 22, Richfield Springs (#52.08-1-7.00)

Harold Armstrong was present, as was his engineer, Hans deWaal. They described their proposal to reconstruct an existing structure, replacing the foundation, adding a new septic system, and increasing the height of the building. They said that two large trees growing through the deck on the lake side of the building would be removed. They provided copies of the application, the Environmental Assessment Form (EAF), answers to the site plan review questions, and a topographical map, all distributed to the Board members.

Because all the construction would be in the same footprint as the original building, Messrs. Armstrong and deWaal requested that the public hearing be waived. Zoning Enforcement Officer Berry noted that they had already had two construction permits approved, and had to come before the Planning Board only because of recent changes to the Land Use Law.

After discussion, Paul Lord moved to deem the application a Type II action. Wes Ciampo seconded the motion, and it was carried unanimously.

Lin Vincent, with considerable input from other Board members, moved to waive the public hearing in view of the facts that there was no change to the footprint, that construction permits had previously been approved, and that the application would not even have had to come before the Planning Board except for recent changes to the Land Use Law. John Phillips seconded the motion, and it was carried 6-1, Paul Lord voting "nay."

John Stucin moved to deem the application complete. Donna Borgstrom seconded the motion, and it was carried unanimously.

John Stucin moved to approve the site plan. Paul Lord seconded the motion, and it was carried unanimously.

Mr. Armstrong wrote a check for $50 to cover the fees, $25 each for the site plan review and the Land Use Law permit, and gave it to Zoning Enforcement Officer Berry. Chairman Bass stamped the application "APPROVED" and signed it.

NEW APPLICATION ADDED TO AGENDA

Glen Miller & Diane Wicks-Miller - Major subdivision of property - County Route 22 & Marble Road (#52.00-2-10.06)

Mr. & Mrs. Miller described their plan to divide a 30.25-acre lot into two parcels (2A and 2B) of 15.25 and 15 acres, respectively.

The Millers said that Otsego County Soil & Water conservation did a perc test. Chairman Bass advised them that the Millers would have to have it certified by a professional engineer.

Planning Board clerk Bill Deane retrieved the "Canadarago Acres" files (#52.00-2-14.00), dating back to 1987, so the Board could compare the original maps with the current one. The Board determined that there are now more than 20 parcels in the development.

Chairman Bass advised the Millers that they would need to provide a survey of parcel #2, showing: the proposed lot split; the wells and septic systems of abutting properties, if possible; engineering certification of the perc; physical features (streams, culverts, etc.) of the property; and the driveway, utilities, and easements. The Millers will notify Zoning Enforcement Officer Berry if they expect to be ready in time for the December 7 meeting.

OTHER BUSINESS

With the public gone, Board members and Town officials engaged in an informal post-mortem on the Portabello's application, expressing strong opinions on both sides.

Zoning Enforcement Officer Jane Berry noted that the issue of short-term rentals in the Land Use Law will be coming before the Town Board on November 10. She distributed copies of the amendment she had drafted.

John Phillips again suggested that the Planning Board, while working on Land Use Law revisions, address the subject of storage units, before it becomes an issue in the Town. He brought in photos of some nearby storage units to illustrate his point. Jane Berry offered her views from a codes standpoint.

Jane Berry noted that there are many other Land Use Law issues that she thinks should be addressed. Chairman Bass suggested the Board schedule a workshop, perhaps in January, to discuss Land Use Law revisions.

Jane Berry said the County Clerk had notified her that some subdivisions had been done without the Planning Board's involvement. She will have more information about this in a future meeting.

At 10:38 Lin Vincent moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk