Town of Otsego Planning Board

Minutes - December 5, 2006

PUBLIC HEARINGS

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

Chairman Jonathan Bass called the public hearings to order at 7:31 PM. He asked whether anyone from the public had any interest in the Croft minor subdivision application, but no one responded. It was noted that one of the neighbor letters, addressed to Eytan Kaufman, was returned to sender due to incorrect address. Donna Borgstrom moved to close the public hearing. Wes Ciampo seconded the motion and it was approved, 6-0.

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

Chairman Bass explained the reason for the Votypka/Harmony House site plan modification application (a change to the hours of operation), and asked if anyone from the public had questions or comments.

Dennis Lang, saying he was representing abutting neighbor Marie Rudloff, asked for clarification of the new hours. Richard Votypka replied that he was staying open until 9 PM on Friday, Saturday, and Sunday evenings. He added that patrons may leave later than that, and that he was applying for unlimited hours of business.

Marie Rudloff, who has lived next-door to the property for the past 15 years, said that she was surprised to learn in mid-November that Votypka had extended his hours, contrary to the original site plan. She said she was disturbed by foul language of employees in back of the restaurant, car alarms going off, and patrons saying good night to each other, as late as 11 PM. She also was disturbed by bright lighting, from a light-pole which was not in the original site plan, and by damage to her chimney beside the Harmony House driveway. All in all, she felt upset and disrespected.

Lang discussed the increased traffic and reiterated Rudloff's points about noise and light pollution late at night. He added that Votypka had a porch which was not included in the original site plan, and that he had not complied with various conditions of the original approval, including replacement of a tree, repair of Rudloff's property, removal of debris, and installation of pilings to protect Rudloff's chimney. Lang asked that the current application be denied.

Votypka expressed annoyance at Rudloff, indicating that he felt she was resorting to personal attacks. He said he was not going to do anything about Rudloff's chimney. Chairman Bass asked whether Rudloff had issued any complaints about Votypka's non-compliance to the Zoning Enforcement Officer, but she said only that she had written to the Planning Board in October, 2005. That letter had been referred to Zoning Enforcement Officer Sal Furnari during the October 4, 2005 Planning Board meeting.

Helen Davis, who lives across State Highway 28 from the property, also complained about the increased noise and light to be expected due to the extended hours. Her comments were based on her experience living next-door to Portabello's.

Cynthia Ekeland, who lives across County Highway 26 (#817) from the property, noted that it is a commercial area, and neighbors have to expect such things. She said that it is not fair to restrict Votypka's livelihood. Ekeland said that Harmony House is a great asset to the community and attracts good clientele.

Anita Graham, who lives with Ekeland, said that neighbors of businesses have to get used to minor inconveniences. She noted that Portabello's, across the street from Harmony House, was allowed to be open late into the evening. Chairman Bass pointed out that the Portabello's site had a long previous history as a restaurant, whereas the Harmony House site had previously been used only for daytime businesses.

Dottie Aufmuth said that it was ridiculous to restrict someone's hours of operation, and that she approves of Harmony House.

Rob Bohm, a neighbor to the east, said that he has no problem with the noise, and likes the restaurant.

Debbie Kantor, owner of Portabello's, asked for clarification of the new hours: will it be open for dinner just three nights a week, or every night? Votypka repeated that he was applying for unlimited hours of operation, saying he should not be restricted as to what hours he does business. John Phillips explained that Votypka had originally asked to extend the hours for just the three nights per week, but that the Board had encouraged him to apply for unlimited hours now, rather than go through the process again if he decided to add other nights in the future.

George Fleck said that he had patronized Harmony House and enjoyed it immensely.

Rudloff asked what she could do about the noise, if the application were approved. Chairman Bass said she could file a complaint with the Zoning Enforcement Officer.

With no further comments or questions, Phillips moved to close the public hearing. Donna Borgstrom seconded the motion and it was approved, 6-0.

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

No one appeared on behalf of the Schropp subdivision application, so Chairman Bass said that the hearing should be tabled. Bill Deane said that the requested documents had been received, according to Zoning Enforcement Officer Miller, and that he had sent out letters and a legal notice advertising the public hearing for tonight. After discussion, Bass asked whether anyone from the public was there with comments or questions about the application, but no one responded.

REGULAR MEETING

Chairman Jonathan Bass called the monthly Town of Otsego Planning Board meeting to order at 8:06 PM. Members present were Bass, Paul Lord (Vice-Chairman), John Stucin, Donna Borgstrom, Wes Ciampo, and John Phillips. Also present were Zoning Enforcement Officer Mike Miller and Planning Board Clerk Bill Deane (Miller, delayed by an auto accident, stayed for only about 40 minutes). Board member Lin Vincent was absent, as was Planning Board Attorney Margaret McGown.

The Board referred to the minutes of the November 14 meeting, mailed to the members. Borgstrom moved to approve the minutes as mailed. Lord seconded the motion and it was approved, 6-0.

Copies of Zoning Enforcement Officer Miller's October report were distributed to the members. It showed six land use permits issued in that month, plus various other items of interest. Miller said he had not printed out his November report, but gave a brief verbal summary of the activity for that month.

Chairman Bass reviewed correspondence received since the last meeting. It consisted only of a notice (filed) from the County Clerk's office, regarding filing of the Carol Shirey subdivision on November 15; and a Holiday card from Town Engineer Wayne Bunn, along with a letter (passed around to members), expressing his interest in retaining that position for 2007.

The Board moved on to applications.

APPLICATIONS

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

Paul Lord read aloud the minutes of November 14 relevant to this application. The Board reviewed the file documents. Applicant John Croft discussed a lot line adjustment he proposed to do in the future.

Donna Borgstrom moved to approve the minor subdivision as submitted. John Phillips seconded the motion and it was approved, 6-0. Chairman Bass stamped the survey map "approved" and signed it. Croft submitted a check for $175 in payment of the subdivision fee. He then asked Bass to identify the Planning Board members by name, which he did.

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 November 14, 2006 relevant to this application, and of September 6, 2005, relevant to applicant Richard Votypka's previous application. Votypka said that he is seeking "unlimited" hours, to be able to serve food up to seven days a week from 6 AM to 9 PM each day. He also tried to defend himself against Marie Rudloff's complaints during the public hearing.

Chairman Bass noted that the Land Use Law has a provision for neighbors to issue complaints to the Zoning Enforcement Officer about excess noise. John Stucin referred to Land Use Law Sections 3.09 and 3.10, which discuss objectionable light and noise.

Lord pointed out that Votypka had not complied with the promises he made in getting his original site plan approved in 2005.

Josh Kantor, who was unable to get to the meeting in time for the public hearing, asked if he could speak about the application. Bass said he could not.

Bass suggested the members individually visit Harmony House during evening hours, so they can assess the noise and lighting factors for themselves, before making a decision. The members agreed to table a decision until the January meeting.

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

Paul Lord read aloud the minutes of November 14 relevant to this application. Applicant Jerry Miller submitted a survey map and a check for $175, covering
the subdivision fee. The Board examined the file documents.

Chairman Bass advised Miller he would need to bring the following to the January meeting:

a.. A perc test result for parcel #2, done by an engineer, and located on the survey map.
b.. Existing septic systems for parcels #1 and #3 shown on the survey map.
c.. An inset on the survey map, showing all splits and subdivisions of the property since 1987.
Bass said that he had taken another look at the Land Use Law regarding building size, discussed during "other business" at the November meeting. He explained that he now sees no issue with the wording of the law as it is, and the Board agreed by consensus.

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

No one appeared on behalf of this application.

Joseph Galati - Major subdivision - Christian Hill Road (#113.00-1-66.01)

Paul Lord read aloud the minutes of June 7, 2005 relevant to this application. Applicant Joseph Galati submitted a survey map, which was examined by the Board. It now shows the 55.5-acre lot being subdivided into ten parcels, each of at least 3.3 acres, and four served by the existing road. He may revise the plan prior to returning in January. Galati was advised to submit the following:

a.. Location of perc tests on each lot, done by a professional engineer.
b.. Turn-circles for each cul-de-sac (or the Board would have to waive them).
c.. A completed short Environmental Assessment Form (EAF).
d.. A list of neighbors within 200 feet of the property, with their mailing addresses.
e.. A list of any deed restrictions.
Chairman Bass said that the plans should be reviewed by the Town Engineer.

Rudy & Jennifer Burkhart - Minor subdivision - 4017 State Highway 80 (#96.00-1-14.00)

Applicants Rudy and Jennifer Burkhart discussed their plan to subdivide a 150-acre lot into three parcels. They had originally come before the Board with a proposed first lot split in the spring of 2005, and now feel they are ready to move forward. They submitted an aerial photo and tax map of the property, and a completed EAF. Rudy Burkhart said that he might want to create an additional one-acre lot for his son.

The Burkharts were advised to return to the January meeting (or notify the Board if they would not be ready at that time) with the following:

a.. A survey.
b.. A separate survey map, dedicating at least three acres and 150 feet of road frontage to each lot.
c.. The location of wells and septic systems shown on the survey.
d.. A list of any deed restrictions.
e.. Location of a perc test on the lot without an existing septic system, done by a professional engineer.
f.. A list of neighbors within 200 feet of the property, with their mailing addresses.
g.. A name for the subdivision.

OTHER BUSINESS

Chairman Bass said he had worked on Zoning Enforcement Officer Miller's Planning Board checklist draft, and added some suggestions. He turned his work over to Paul Lord to follow up on at the next meeting.

Bass discussed the potential Land Use Law revision regarding the definition of "structure." Instead of changing this definition or listing exceptions to it, he recommended that the words "or structure" simply be removed from the definition of "setback." The consensus of the Board was to think about this and discuss it at the next meeting.

Lord discussed the potential Land Use Law revision regarding phosphorous removal in septic systems. Lord has requested the Town of Springfield send him the language used in their law, so this Board can discuss it at the next meeting.

The members discussed 2007 Planning Board personnel. The consensus was to retain Town Engineer Wayne Bunn and Planning Board Clerk Bill Deane, and to request a Planning Board Attorney for 2007. Bass recommended that Lord succeed him as Chairman, and Lord said that he was willing to give it a try. John Stucin moved to recommend to the Town Board that Paul Lord be appointed Chairman of the Planning Board for 2007. Donna Borgstrom seconded the motion and it was approved, 5-0, with Lord abstaining. Bass said he would convey the Planning Board's personnel discussions to the Town Board.

Lord said he would contact Lin Vincent to see if she is interested in remaining on the Planning Board. She has missed three of the past four meetings and five of the past ten.

The members applauded Jonathan Bass for his long and fine service to the Planning Board.

The Board engaged in informal discussion about the Votypka application and public hearing.

With no further business, at 10:04 Wes Ciampo moved to adjourn the meeting.

Respectfully submitted,

Bill Deane

Planning Board Clerk