The Regular Monthly Meeting of the Town Board of the Town of Otsego were held on the 10th day of

Town of Otsego Planning Board

Minutes - November 14, 2006

PUBLIC HEARINGS

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

Chairman Jonathan Bass called the public hearings to order at 7:32 PM. Carol Shirey put her plat on an easel and briefly explained her proposed subdivision. It was later noted than one of the neighbor letters (to Joann Zeh) was returned to sender due to incorrect address. Paul Lord asked whether anyone from the public had any questions or concerns, but no one responded. John Phillips moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 6-0.

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)

Chairman Bass opened the hearing and asked whether anyone from the public had any questions or concerns, but no one responded. Paul Lord moved to close the public hearing. Wes Ciampo seconded the motion and it was approved, 6-0.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:35 PM. Members present were Bass, Paul Lord (Vice-Chairman), John Stucin, Donna Borgstrom, Wes Ciampo, and John Phillips. Also present were Planning Board Attorney Margaret McGown and Planning Board Clerk Bill Deane. Board member Lin Vincent was absent, as was Zoning Enforcement Officer Mike Miller.

The Board referred to the minutes of the October 3 meeting, mailed to the members. Lord moved to approve the minutes as mailed. Borgstrom seconded the motion and it was approved, 6-0.

With Miller absent, there was no Zoning Enforcement Officer report. Chairman Bass reviewed correspondence received since the last meeting:

a.. A booklet, Lakescaping for Wildlife and Water Quality (passed around to members), presented to the Board by the Otsego Lake Association.
b.. A letter (filed in "general correspondence") from the New York State Office of Parks, Recreation and Historic Preservation, notifying the Board that the Fly Creek Historic District had been listed on the State Register of Historic Places, and nominated to the National Register of Historic Places.
c.. Copies of fliers (passed around to members) concerning training programs for planning and zoning officials, and wind power.
With no further correspondence, the Board moved on to applications.

APPLICATIONS

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

Paul Lord read aloud the minutes of October 3 relevant to this application. Applicant John Ford presented copies of a survey done by Brian Carso, and proposed deed descriptions. Attorney McGown examined the deeds and expressed satisfaction with them. Board members examined the map and asked questions, which were answered by Ford.

Donna Borgstrom moved to deem this a first lot split, requiring no further Planning Board review. John Phillips seconded the motion and it was approved, 6-0. Chairman Bass stamped the Mylar "approved" and signed it. He advised Ford to file it with the County within 30 days.

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

Paul Lord read aloud the minutes of October 3 relevant to this application. Applicant Jim Parmentier distributed copies of a survey map and proposed deeds. Attorney McGown examined the deeds and expressed satisfaction with them. Board members examined the map and asked questions. At Lord's request, Parmentier sketched in the leech fields on a paper copy of the map.

Donna Borgstrom moved to approve the lot line adjustment as submitted. John Phillips seconded the motion and it was approved, 6-0. Chairman Bass stamped the Mylar "approved" and signed it. He advised Parmentier to file it with the County within 30 days.

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

Paul Lord read aloud the minutes of October 3 relevant to this application, and noted that the public hearing had been held without adverse comment. Lord asked applicant Carol Shirey whether she had paid the $175 subdivision fee. Shirey said she paid it when she first applied in 2002, and paid it again this year. Bill Deane said he would check this with the Town Clerk.

John Stucin moved to approve the minor subdivision as submitted. Donna Borgstrom seconded the motion and it was approved, 6-0. Chairman Bass stamped the Mylar "approved" and signed it. He advised Shirey to file it with the County within 30 days.

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

Paul Lord read aloud the minutes of October 3 relevant to this application. Applicant John Croft submitted the perc test result for the larger lot, and a survey. Lord noted that the total acreage of the project is 41.95 acres, not 39 as previously reported.

Chairman Bass went through the environmental assessment form (EAF) submitted by Croft, and completed the Planning Board section with member input. John Phillips moved to declare a negative declaration and authorize the chairman to sign the form. Lord seconded the motion, it was approved, 6-0, and Bass signed the EAF.

Phillips moved to waive the perc being noted on the Mylar, since it is included on a separate map in the file. Lord seconded the motion and it was approved, 6-0.

Donna Borgstrom moved to deem the application complete and schedule a public hearing for December 5. Phillips seconded the motion and it was approved, 6-0.

Croft said that he also wants to do a lot line adjustment on the property, and described it for the Board. Attorney McGown advised him he needed only to have his attorney re-write the deeds. Bass and Lord advised him he would not need the Planning Board intervention for that.

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)

Paul Lord read aloud the minutes of October 3 relevant to this application, and noted that the public hearing had been held without adverse comment. Engineer Hans DeWaal, representing the applicant, said there had been no changes to the application.

Lord asked what was being done to mitigate the increase in impervious surface (a roof measuring approximately 100 square feet) so close to the Lake. DeWaal said there had been no increase to the footprint of the building, noted the existing dry-well, and said there were no plans for anything further. The consensus of the Board was that the existing system was sufficient.

John Phillips moved to approve the site plan as submitted. Donna Borgstrom seconded the motion and it was approved, 5-1, with Lord opposed. Chairman Bass stamped the site plan "approved" and signed it.

Richard Votypka - Site plan modification, Harmony House Café - State Highway 28, Fly Creek (#114.05-1-37.00)

Paul Lord read aloud the minutes of October 3 relevant to this application. Richard Votypka has extended the hours of service at Harmony House Café and is now serving dinner. The consensus of the Board was that Votypka needs site plan modification, and he has submitted an application for this purpose.

Votypka said he wanted to serve breakfast, lunch, and dinner, with no limit on the hours of service. He said he would have no more than five employees
there at any time. After discussion, the consensus of the Board was that Votypka has sufficient parking. It also was the consensus that this is a Type II action, requiring no EAF.

Lord moved to deem the application complete and schedule a public hearing for December 5. Donna Borgstrom seconded the motion and it was approved, 6-0.

Jerry Miller - Lot line adjustment/minor subdivision - State Highways 80 & 205 (#97.00-2-4.43 & -6.02)

Applicant Jerry Miller presented an annotated tax map, showing his proposed lot line adjustment. Because he is making two parcels into three, and there has been a previous split since 1987, this also involves a minor subdivision.

Miller was asked to provide a survey, proposed deeds, a short EAF, a list of neighbors within 200 feet of the property and their addresses, and $175 in payment of the subdivision fee. He was told he would be put on the December 5 agenda, but asked to notify the Board if he would not be ready at that time.

Miller also gave the Board a brief description of his proposed building project, which he expects to bring before them in the future. Members gave him some general input.

Robert Schropp - Minor subdivision - State Highway 28, Fly Creek (#114.00-1-43.00)

Norm Johannesen submitted a notarized letter, authorizing him to represent Robert Schropp in the application process. He also submitted a survey map, showing the proposed subdivision of a 10.43-acre parcel into three lots of 3.06, 4.34, and 3.03 acres, respectively.

Chairman Bass went through the environmental assessment form (EAF) submitted by the applicant, and completed the Planning Board section with member input. Lord moved to declare a negative declaration and authorize the chairman to sign the form. John Phillips seconded the motion, it was approved, 6-0, and Bass signed the EAF.

Phillips moved to waive the ten-foot contours requirement, citing the existence of 20-foot contours on the map, and familiarity enough with the property to know that there is a steady rate of slope. John Stucin seconded the motion and it was approved, 6-0.

Zoning Enforcement Officer Miller had noted that there had been no previous splits on the property since 1987. The Board advised Johannesen that $175 would
be due for the subdivision fee, and that they would need to receive the following before scheduling a public hearing:

1. P.E. sign-off on the perc test for parcel #1.

2. Septic systems shown for the existing houses on parcels #1 and 2.

3. A list of any easements on the property.

Donna Borgstrom moved to deem the application complete, contingent on the above items to be submitted by November 21, and to schedule a public hearing for December 5. Wes Ciampo seconded the motion and it was approved, 6-0.

Johannesen then asked the Planning Board some general questions unrelated to this application.

Edwin & Adele Johnson - First lot split - 1193 County Highway 26 (#83.00-1-17.00)

Applicant Edwin Johnson submitted a survey map and proposed deeds. Attorney McGown examined the deeds and expressed satisfaction with them. Paul Lord and John Stucin checked the Town tax maps and ascertained that there had been no previous splits on this property since 1987, thus that this qualified as a first lot split, not a minor subdivision as listed on the agenda.

Lord moved to deem this a first lot split. Wes Ciampo seconded the motion and it was approved, 6-0. Chairman Bass stamped the Mylar "approved" and signed it. He advised Johnson to file it with the County within 30 days.

OTHER BUSINESS

The Board discussed the proposed project mentioned by Jerry Miller, and consulted Land Use Law Section 2.06. They noticed a discrepancy in the building size allowed in the general business (GB-2) district. This resulted from an erroneous revision to the Land Use Law in 2004. Attorney McGown looked in the "Local Law Amendments" folder and confirmed that the incorrect wording had been filed with the Secretary of State. Corrected wording will have to be submitted to the Town Board.

Attorney McGown reported no news on the "Article 78" filed against the LaValley project.

Chairman Bass raised the question of when the moratorium on major subdivisions will end. Attorney McGown looked in the "Local Law Amendments" folder and concluded that the moratorium was already over. The original six-month moratorium had been filed with the State on November 21, 2005, and the six-month extension had been filed on May 12, 2006.

Chairman Bass discussed the Town's Comprehensive Plan. He said they had prepared a "very rough draft" of 149 pages. Committee members are in the process of refining it.

The Board tabled discussion about the Planning Board checklist, in absence of Zoning Enforcement Officer Miller.

John Phillips asked for and got an explanation about Zoning Enforcement Officer Miller's Land Use Law revision regarding Section 4.04 (lakeshore protection area). Phillips had missed that discussion at the previous meeting.

The Board discussed the potential Land Use Law revision regarding the definition of "structure." Just as in the October meeting, members were asked to think about this (i.e., draft a revised definition, or a list of exceptions) and be prepared to discuss it next month.

Paul Lord reported that he had gone to the November 8 Town Board meeting. That Board recommended a Land Use Law amendment requiring phosphorous removal measures in new septic systems, and suggested the Planning Board work on drafting such an amendment. The Town of Springfield has such a law, and Lord said he would bring a copy of it to our next meeting. He suggests the Town of Otsego use their language as a starting point.

Chairman Bass announced that his term ends on December 31 and he will be leaving the Planning Board after that. He has served for 14 years and has too many other commitments. The Board will discuss 2007 personnel matters at the next meeting.

With no further business, at 10:16, John Stucin moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk