Minutes - December 7, 2004

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 7:32 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 Zoning Enforcement Officer Jane Berry, and Planning Board clerk Bill Deane. Town Attorney Margaret McGown was absent.

The Board reviewed the minutes of the November 9 meeting, prepared by Bill Deane and mailed to the members. Jane Berry noted that, although it wasn't part of the motion or the discussion, the Kantors' application specified that the special permitted use of outside tables was for Memorial Day through Labor Day only, and she plans to enforce it accordingly. Paul Lord moved to accept the minutes as mailed. The motion was seconded by Lin Vincent and carried unanimously.

Jane Berry gave a report of her position. She issued five permits for projects totaling $544,000 in November. She continues to receive a steady pace of inquiries, with 104 telephone or in-person contacts in that period.

Berry also suggested that the Planning Board consider amending the subdivision regulations, so that they could accept the Otsego County Department of Soil & Water perc tests rather than require applicants to go through engineering for tests. Discussion followed. The consensus of the Board was that this was worth considering.

Chairman Bass reviewed correspondence received since the last meeting:

* A Holiday card from K. Wayne Bunn, along with a letter (filed in "general correspondence") expressing interest in being retained as the Planning Board's engineer for 2005.

* Fliers, passed around, on two seminars of possible interest to members.

* The New York Planning Federation's Fall 2004 Planning News, distributed to members.

Chairman Bass then moved on to agenda applications.

AGENDA APPLICATIONS

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

Builder Gus Pfeuffer represented Mr. Gleason. Paul Lord read the minutes of the November 9 meeting relevant to the application. Jane Berry discussed the Zoning Board of Appeals (ZBA) proceedings regarding the area variance approval, and passed around the original photos from the ZBA file. The Board reviewed the various application documents.

Paul Lord expressed concern about the increase of impervious surfaces (namely, the larger roof) near Lake Otsego. Chairman Bass asked whether any landscaping was planned. Pfeuffer said that they might put in a dry-well (gravel trench) along the lake side of the building.

John Phillips moved to deem the application a Type II action. Discussion and review of the New York State Environmental Quality Review Act (SEQRA) Handbook followed. John Stucin then seconded the motion and it was carried unanimously.

Answering questions of the Board, Gus Pfeuffer said that the proposed building would have electricity and an exterior light, just as the current building has. No trees will be cut down, and there will be no paving or new access to the building. There is no survey. Construction will start in the spring of 2005, and will take about two weeks. Other required documents were provided for the ZBA file.

Paul Lord moved to waive the survey requirement. Wes Ciampo seconded the motion and it was carried unanimously. Lord also requested that Pfeuffer modify the application, or submit a letter expressing intent, to include the dry-well discussed earlier.

John Stucin moved to deem the application complete and schedule a public hearing for January 4. Lin Vincent seconded the motion and it was carried unanimously.

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

No one was present on behalf of this application. Jane Berry explained that the applicants have been unsuccessful in getting their survey complete. She and Board members discussed the question about how many lots there are now in what started as "Canadarago Acres" in 1987; depending on who or what one believes, there are anywhere from 18 to 43 lots. The Board agreed that it is the applicant's responsibility to answer this question.

OTHER BUSINESS

Chairman Bass announced that he and John Phillips had attended the November Town Board meeting, and that the Town Board had agreed to postpone any action on amending the Land Use Law until the Planning Board had a chance to review the proposed short-term rentals amendment.

Phillips distributed copies of a letter (filed in "general correspondence") from ZBA Chairman Anthony Scalici to the Planning Board. It criticized the proposed amendment, and concluded that it "is based completely on arbitrary notions and gives the Zoning Officer more authority than the Town itself has." Phillips echoed these sentiments, and added his concerns about the fees added by the amendment.

Phillips also introduced Jim Ainslie, a Town resident and landlord. Ainslie expressed concerns that the amendment would be abused by some people, filing frivolous complaints, and create economic consequences for people like him. Ainslie also worried that, because there is a lot of room for interpretation, a new Zoning Enforcement Officer might not interpret the law in the same way as Jane Berry does. Berry replied that the current Land Use Law (page 27) is already vague as to how her position will deal with complaints, so this can only improve it. She has received only one complaint so far and is still reviewing it. She also pointed out that the proposed fee structure is the same as that used in the Village of Cooperstown.

Chairman Bass said he was not sure this is even a Planning Board issue. He wondered whether recommendations should be made by the Board, or by individual members as Town residents. He leans toward the latter.

John Phillips read the results of an informal survey he had conducted. He polled various officials, including ones from the Village of Cooperstown Codes Office, Otsego County Codes Office, Cooperstown Police, County Sheriff, and New York State Troopers, as to the number of complaints they had received related to short-term rentals. There have been very few, which makes Phillips wonder "Why are we making this law?" Jane Berry replied that the proposed amendment was inspired not by complaints, but by concerns about changes in the character of the community. She said that, according to former Town Codes Officer Ed Olsen, there were 350-400 short-term rental units in the Town, not counting Cooperstown. Thus, it is a Zoning Concern rather than a police concern.

Jane Berry noted that the proposed amendment would be discussed during the December 8 Town Board meeting, but that it was still in the preliminary stages, and would remain so until a public hearing was scheduled. Jim Ainslie pointed out that Town Board member Nancy Iversen's November 23 letter on the subject indicated that December 8 would be the Town Board's last opportunity to discuss the language of the law, and that a public hearing would be held in January.

John Phillips moved that the Planning Board make a recommendation, one way or the other, to the Town Board regarding the proposed short-term rentals amendment to the Land Use Law. There was no second, so the motion failed.

Chairman Bass said that the Town Board had taken the lead on this issue, and if individual Planning Board members want to voice their opinions as private citizens, he encourages them to do so. Jane Berry promised to keep the Planning Board up-to-date on the status of this proposed amendment.

Board members discussed scheduling a workshop to discuss other potential Land Use Law revisions. The consensus was to table this until the January meeting, and schedule something for February.

Paul Lord moved that the Planning Board recommend that the Planning Board retain the current Town Attorney (Margaret McGown), Town Engineer (K. Wayne Bunn), and Planning Board Clerk (Bill Deane) for 2005, and reappoint Jonathan Bass as Planning Board Chairman. Lin Vincent seconded the motion, and it was carried unanimously.

Chairman Bass expressed a concern about the Planning Board's approval of the Kantors'/ Portabello's application during the November 9 meeting. Referring to sections 1.04 and 1.05 on page 4 of the Land Use Law, Bass said that the Board may have overlooked something, and that the Kantors may have needed ZBA approval prior to the Planning Board proceedings due to a non-conforming lot. He has discussed this with Town Attorney Margaret McGown, Supervisor Tom Breiten, and Zoning Enforcement Officer Jane Berry, and the New York State Planning Federation; the consensus is it could go either way, and it would be the ZBA's call to make. If anyone wants to challenge a Planning Board decision, they have 62 days to do so; thus, anyone wanting to appeal this decision would have to do so at the December 21 ZBA meeting. Bill Deane noted that, at this point, there was no ZBA agenda for December, thus no meeting scheduled. Jane Berry said that she doesn't think ZBA approval was necessary, as it was not addressed in previous applications by the Kantors or others in similar situations. However, Berry and Bass agreed that the question may come up in future applications.

Jane Berry noted that the Kantors had erected a storage shed in the Portabello's parking lot, contrary to her instructions. She said that she would be confronting them about this.

At 9:34 PM, Paul Lord moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk