Minutes - November 1, 2005

Chairman Jonathan Bass called the public hearings to order at 7:30 PM.

PUBLIC HEARINGS

Joslin-Hastings Trust - Site plan approval, addition to existing structure within 500 feet of Otsego Lake - State Highway 80, Cooperstown (#69.36-2-19.00)

Engineer Hans deWaal briefly described the project. Chairman Bass asked whether anyone from the public had any comments or questions, but no one responded. Paul Lord moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 6-0.

Randy Dean - Minor subdivision - 6023 State Highway 80 (#99.00-1-6.02)

Randy Dean displayed his plat on an easel, and described his proposed project at length for the benefit of the public. Chairman Bass asked whether anyone from the public had any comments or questions.

Don Feinberg, identifying himself as Dean's neighbor across the street, asked why the property couldn't stay intact. Dean replied that he had considered various options, but thought this the best one due mostly to economic considerations for him and his prospective buyers. He has spent a great deal of money preserving the buildings on his lot, and wants to recoup some of that expense.

Martha Frey, Executive Director of Otsego 2000, distributed copies (filed) of a letter she had written. It pointed out that the property is in the Glimmerglass Historic District, qualifying as a Type II action, thus requiring a long environmental assessment form (EAF), rather than the short form submitted. Chairman Bass said that would be addressed during the "applications" portion of the meeting. Frey also asked whether Dean planned further subdivision beyond this. Dean said that he may want to subdivide two more lots in the future.

Joe Siracusa, Director of Operations for the Farmers' Museum, expressed concerns about a shared right-of-way (through which a stream runs), and about Dean's complying with various ordinances. Siracusa also expressed concern about the lot-size averaging method being used, and that it might set a precedent for other applicants. Bass and Paul Lord remided Siracusa that the lot-size averaging was perfectly within the Land Use Law, and any concerns about the law should be brought to the attention of the Town Board.

Patricia Thorpe, President of the Board of the Cook Foundation, said that she objected to subdivisions in the historic district. She also said that a driveway would require major construction due to the grade of and woods on the property. Dean said that he had flagged a site for a driveway, and that construction wouldn't be as big a problem as one might think. He invited people to inspect the area.

With no further comments, Donna Borgstrom moved to close the public hearing. John Phillips seconded the motion and it was approved, 7-0.

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)

Chairman Bass asked whether anyone from the public had any comments or questions, but no one responded. Paul Lord moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 7-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 8:09 PM. All members were present: Bass, Paul Lord (Vice Chairman), John Stucin, Wes Ciampo, Lin Vincent (who arrived after the Joslin-Hastings public hearing), Donna Borgstrom, and John Phillips. Also present were Zoning Enforcement Officer Sal Furnari, Town Attorney Margaret McGown, and Planning Board clerk Bill Deane.

The Board referred to the minutes of the October 4 and October 14 meetings, distributed or mailed to the members. Paul Lord moved to approve both as written. Lin Vincent seconded the motion and it was approved, 7-0.

Chairman Bass asked whether Zoning Enforcement Officer Furnari had any report. Furnari reported briefly on items on his desk, including stop-work orders, projects on the Lake, and the Fly Creek Friesians, who will be on the December 6 Planning Board agenda.

Chairman Bass reviewed correspondence received since the last meeting:

a.. A 10/21/05 letter (filed) from Martha Wood of the New York State Department of Environmental Conservation (DEC), regarding the Mark LaValley property. They declared that his proposed project will not have a significant impact on the environment. The letter also reported on the State Historic Preservation Act (SHPA) determination, which was that it will have no impact on registered archaeological sites or historic structures.
b.. A notice (filed) from the Otsego County Planning Board, acknowledging the 10/17/05 receipt of the Town Planning Board's referral of the Joslin-Hastings application. It said the application will be discussed during the County Board's November 3 meeting.
c.. The September-October, 2005 issue of Talk of the Towns & Topics, copies of which were distributed to the members.
d.. A 10/25/05 letter (filed) from Barbara Petersen, asking that her site plan application be put on the Planning Board's December agenda.
e.. A letter from the Farmers' Museum (filed), expressing opposition to the Randy Dean minor subdivision application.
f.. A 10/27/05 fax (filed) from Anne F. Keith, also about the Dean application. Keith said that, if the project were approved, she wanted it done with the specification that the remaining 83.38 acres could never be subdivided. She said that further subdivision would constitute a major subdivision, for which lot-size averaging is not allowed.
g.. A 10/24/05 letter (filed) from Douglas and Paula Newman, expressing various concerns about and objections to the Dean application.

Bill Deane noted that a letter he sent to Dorothy Rudkin, one of Dean's listed neighbors, had been returned due to "insufficient address." He also said that Steve Gotwald phoned him, wondering why he didn't get a notice about the public hearing; Deane told him that he sent notices to the neighbors identified by the applicant, and invited Gotwald to attend the public hearing if he had any comments or questions.

Town Attorney McGown announced that she had resigned her post effective December 31, 2005. She declined to discuss the reason.

The Board moved on to applications.

APPLICATIONS

Timothy Weir - First lot split - Keys Road (#84.00-1-20.02)

Paul Lord referred to page 2 of the minutes of October 4. Attorney Les Sittler represented the applicant, producing a letter (filed) from Timothy Weir authorizing him to do so. Sittler submitted a map and deed and described the proposed lot split of a 9.05-acre lot into two lots of 4.85 and 4.20 acres, saying that he seeks a letter from the Planning Board deeming it a first lot split. The Board briefly reviewed the documents. Zoning Enforcement Officer Furnari reported that there had been no other splits on the property since 1987.

John Phillips moved to deem the project a first lot split, authorizing the chairman to send a letter to that effect. Wes Ciampo seconded the motion, there was no further discussion, and it was approved, 7-0. Chairman Bass said that he would send Sittler a letter formalizing this decision.

Bob & Ed Kukenberger - Lot line adjustment - County Highway 26 (#114.00-1-75.01, et al)

Paul Lord referred to page 2 of the minutes of May 3. Applicant Bob Kukenberger seeks three first lot splits on five separate, adjoining parcels inherited from his father. Town Attorney McGown said she had met with the applicant for 45 minutes before the meeting, that there have been no other splits on the properties since 1987, that deeds had been prepared for the changes, and that she was satisfied with them.

John Stucin moved to deem three simple lot line adjustments on three separate parcels. Paul Lord seconded the motion, there was no further discussion, and it was approved, 7-0. Town Attorney McGown then pointed out that the Board had erred in the wording of the motion. Stucin moved to rescind the previous motion and replace it with a new one, approving three first lot splits and one simple lot line adjustment. Lord seconded the motion and it was approved, 7-0. Chairman Bass said that he would send Kukenberger a letter formalizing this decision within a couple of weeks.

Joslin-Hastings Trust - Site plan approval, addition to existing structure within 500 feet of Otsego Lake - State Highway 80, Cooperstown (#69.36-2-19.00)

Paul Lord referred to page 3 of the minutes of October 4. Chairman Bass noted that the Planning Board could not issue a decision until it heard back from the County following their November 3 meeting.

Engineer Hans deWaal asked about the Stabile application, which Zoning Enforcement Officer Furnari had mentioned earlier. deWaal said the application will be going to the Zoning Board of Appeals (ZBA) on November 15, then coming before the Planning Board. He asked whether the Stabiles could replace the shingles on the existing house in the meantime, and Bass and Furnari agreed that they could.

Randy Dean - Minor subdivision - 6023 State Highway 80 (#99.00-1-6.02)

Paul Lord read aloud the minutes of October 4 and October 14 relevant to this application. Chairman Bass said that he had done some research on the State Environmental Quality Review Act (SEQRA) on the DEC web-site. The Planning Board overlooked the historic district issue in deeming this application complete at the October 4 meeting. To remedy the situation, the Board must either rescind the negative declaration, or make a motion to approve the subdivision. Randy Dean asked whether he could simply withdraw his short EAF, but Bass told him that was not an option.

Paul Lord moved to rescind the negative declaration. Lin Vincent seconded the motion and it was approved, 7-0. Bill Deane asked whether a new motion to declare it a Type I action would be needed; Bass said it would not.

Bass read the requirements for coordinated review - who would be involved? The consensus was that the Army Corps of Engineers would not be, but that the DEC, State Historic Preservation Office, and the Department of Transportation would. The Planning Board will have to notify those three agencies, listing itself as the lead agency. Bass said he and Bill Deane would work on that.

Bass asked Randy Dean about "stopping the clock" on his application decision. Dean said that was fine, as he just wants to do things correctly. The clock was thus stopped by mutual agreement between the applicant and the Planning Board.

The Board reviewed a long EAF submitted by Dean. They pointed out a few errors: a missing ZIP code (page 2), "Susquehanna" misspelled (4), and the word "rural" instead of "residential" (9). They also said the size of the lots and the lot-size averaging method should be discussed on page 2. They returned the EAF to Dean, asking him to make the corrections and return it to Zoning Enforcement Officer Furnari when complete.

Deb Dalton & Patricia Thorpe, 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 Patricia Thorpe represented the Cook Foundation. Paul Lord read aloud the minutes of October 4 relevant to the application.

Dalton and Thorpe reported no changes to the application, but offered photos of the site and more information about the landscaping, lighting, and wiring. Thorpe said that runoff will not be an issue, as there will be significant vegetation between the kiosk and existing gardens along the Lake.

John Phillips asked whether SEQRA needed to be addressed, but Chairman Bass said it would not, as the Board had already determined that it is a Type II action.

Donna Borgstrom moved to approve the site plan. John Stucin seconded the motion and it was approved, 7-0. Bass stamped the application "approved" and signed it. The applicants submitted a check for $25 in payment of the site plan application fee; Zoning Enforcement Officer Furnari advised them that they would need to pay an additional $25 for the Land Use permit.

Emily Wright - First lot split - State Highway 28 (#97.60-2-4.42)

Emily Wright was present. She needs to complete a first lot split before she can convey the property to the Kantors, enabling them to move forward with their application. Using a tax map, she and Josh Kantor described the proposed split.

John Phillips moved to deem this a first lot split, authorizing the chairman to issue a letter to that effect. Wes Ciampo seconded the motion and it was approved, 7-0. Chairman Bass will issue a letter.

Deborah Kantor - Site plan review, Portabello's Too catering hall - State Highway 28 (#97.60-2-4.42)

Deborah and Josh Kantor were present, along with their landscape architect, Michael Haas. Emily Wright submitted a letter (filed), authorizing the Kantors to represent her in their application process, pursuant to Land Use Law #8.03. Paul Lord read aloud the minutes of October 4 relevant to the application.

Haas reported that they had reduced the size of the proposed building from 6,000 to 5,000 square feet, and described the various features of the proposed building and grounds. He submitted detailed drawings and sketches which were reviewed by the Board. Paul Lord remarked that he found himself "trying to suppress enthusiasm" for the project.

Chairman Bass noted that the Board would have to address both the site plan and the special permitted use. No application has been received for the latter, so it will have do be dealt with separately in the future.

Bass reviewed the short EAF submitted by the applicants and, after getting a consensus of the Board that it was the appropriate form, completed the Planning Board's section with input from the members. Lord moved to declare a negative declaration and authorize the chairman to sign the form. John Phillips seconded the motion, it was approved, 7-0, and Bass signed the EAF.

Bass noted that the application would have to be referred to the County after it is deemed complete. He said that the Planning Board would need some input from engineer Hans deWaal, specifically septic engineering plans. Lord and John Phillips reminded the Kantors that, once the application was deemed complete, they couldn't change it without starting the process all over again. The Kantors agreed that their site plan was ready.

Phillips moved to deem the site plan application complete, contingent on septic engineering plans to be submitted by November 15, and to schedule a public hearing for December 6. John Stucin seconded the motion. Discussion ensued, during which Zoning Enforcement Officer Furnari pointed out that the Board hadn't addressed site plan requirements. Phillips then withdrew his motion.

The Board went through site plan requirements on page 32 of the Land Use Law and added the following to the items needed by November 15: a list of neighbors (and their addresses) within 200 feet of the property; lighting specification sheets; and construction sequence details. They also clarified that they were addressing only the site plan application, not the special permit.

Phillips moved to deem the site plan application complete, contingent on the aforementioned documents to be submitted by November 15, and to schedule a public hearing for December 6. Wes Ciampo seconded the motion and it was approved, 7-0.

Sarah Kromhout - Site plan review, construction within 100 feet of Canadarago Lake - 92 East Lake Road, Richfield Springs (#52.08-1-6.00)

Sarah Kromhout was present. Paul Lord read aloud the minutes of October 4 relevant to the application. The Board reviewed documents submitted since that 4 meeting. John Phillips noted that the higher roof was indicative of better construction.

Paul Lord moved to deem the application complete and schedule a public hearing, and John Stucin seconded the motion. Lord withdrew his motion when it was pointed out that SEQRA hadn't been addressed. Lord then moved to deem the application a Type II action, requiring no further review, since it represents just simple maintenance. Lin Vincent seconded the motion and it was approved, 7-0.

Lord moved to deem the application complete and schedule a public hearing for December 6. Stucin seconded the motion. Phillips asked whether Kromhout
could complete the roofing before December 6, but the consensus was that she could not. The motion was approved, 7-0.

David Bertram - Lot line adjustment - Pierstown Road (#99.00-1-2.00)

David Bertram distributed copies of a diagram (filed) of a proposed line adjustment to a 59-acre lot he recently bought. It showed a shared driveway, and meeting of the 300-foot frontage requirement.

Chairman Bass noted that this was part of the same property, formerly owned by Cullum, for which the Board had considered lot line adjustments as far back as 2003. Town Attorney McGown had never received the deeds of the previous lot line adjustments, so no decision was made by the Board. Until this is resolved, nothing can be done on Bertram's application. The Town Attorney will need to see properly-recorded version of Cullum's deeds, as well as deeds for Bertram's proposed split.

George Hymas - Lot line adjustment - Vibbard Road (#54.00-2-3.00)

George Hymas submitted a map showing his proposed lot line adjustment. Chairman Bass said that the Town Attorney would need to see a deed covering the adjustment before the Planning board could act. Bass pointed out that Hymas's attorney could "erase" the lines and make it one lot without Planning Board intervention.

OTHER BUSINESS

The Board discussed the Town of Davenport lot line adjustment policy/form distributed at the October 4 meeting. John Stucin said that he liked the form and thinks the Town of Otsego Planning Board should adopt a similar system. Other members agreed. Paul Lord said he would type up a draft for a new form for Otsego based on the Davenport form.

The Board discussed Land Use Law changes. Chairman Bass reported that the Planning Board's proposed change to "service trade establishment" was submitted to the Town Board. Town Attorney McGown reported that the major subdivision moratorium is not yet in effect. It has to go before the County Planning Board on November 3, then back before the Town Board for a revote on November 9.

Sal Furnari said that he had a personal project for the Planning Board's December 6 agenda. Using a tax map, he showed the Board where the properties are located, and asked some questions about what he would need to bring the Board.

At 11:21 PM, Paul Lord moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk