Town of Otsego Planning Board
Minutes - December 4, 2007
PUBLIC HEARING
John Nichols - Site plan review, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)
Chairman Paul Lord called the public hearing to order at 7:31 PM and asked if anyone from the public was present to comment on the John Nichols
application. Neighbor Carol Taylor asked to see the plans, and was allowed to do so. There were two letters received from neighbors: Charlotte Hall expressed concern
about the increased height of the building obstructing her view of the Lake, while James Gleason said he approves of the project. Lord announced that the application
had been approved by default, since it had been 63 days since the Board deemed the application complete, whereas they are required to make a decision within 62 days of
deeming an application complete.
REGULAR MEETING
Chairman Paul Lord called the monthly meeting of the Town of Otsego Planning Board to order. Roll call was taken by Planning Board Clerk Bill Deane. All members were
present: Lord, Donna Borgstrom (Vice-Chairman), Wes Ciampo, John Phillips, Doug Greene, Joe Galati, and new member Steve Purcell. Planning Board Attorney Jim Ferrari
and Zoning Enforcement Officer John Stucin were also present.
The Board referred to the minutes of November 13, 2007, mailed to the members. Greene moved to approve the minutes as written. Phillips seconded the motion and it was
approved, 7-0.
Zoning Enforcement Officer Stucin distributed copies of his report (filed) for November-December. It listed the agenda for the Planning Board, and the receipt of a
complaint regarding Harmony House, allegedly in violation of the site plan approval and the Land Use Law. Stucin noted that the establishment is not even open at
present, but encouraged the Board members to check out the lighting at night. Owner Richard Votypka may come before the Board for amended site plan review.
Chairman Lord reviewed correspondence received since the last meeting:
a.. Replacement pages (distributed to the members) of page 19 of the Land Use Law, supplied by Town Clerk Pam Deane, with her apology for a mix-up on the content.
b.. A letter from attorney Les Sittler, regarding a proposed first lot split for his client, Bartl. Lord said the Board would discuss this after the applications.
c.. A Christmas card from Town Engineer Wayne Bunn, with a letter of interest in retaining his position for 2008.
d.. A letter from the U.S. Army Corps of Engineers, regarding Portabello's Too. Lord said the Board would discuss this after the applications.
e.. A flier (passed around to members) about a seminar, "Construction Claims," to be held in Latham, NY on February 6, 2008.
With no further correspondence, the Board moved on to applications.
APPLICATIONS
John Nichols - Site plan review, demolition & replacement of house in Otsego Lakeshore protection area - 6870 State Highway 80 (#69.44-1-17.00)
As Chairman Lord noted during the public hearing, this application was approved by default.
Larry Gallup & Teriann Sammis - First lot split - County Highway 26 (#68.00-1-16.04)
Larry Gallup, husband of co-applicant Teriann Sammis, explained their proposed first lot split, submitting a tax map with the proposed split (three
acres from a 27.5-acre lot) drawn in. The Board examined the map, noting that three acres is the exact minimum lot size allowed by the Land Use Law. The consensus of
the Board was that the proposed new lot meets road frontage and setback requirements, and that there had been no other splits on the property since 1987.
John Phillips moved to deem this a first lot split, providing the smaller lot is at least three acres in area, and to authorize the chairman to sign the
plat when available. Donna Borgstrom seconded the motion and it was approved, 7-0.
Joe Galati - Sketch plan conference, extension of stair bulkhead - 6688 State Highway 80 (#69.76-1-9.00)
Joe Galati moved to the public's side of the meeting table and explained his proposed extension of a stair bulkhead. He submitted a tax map, drawings,
and photos of the property in question. The proposed extension measures six feet by four feet, and will represent no increase in impervious surfaces, since the surface
underneath is concrete. Because the building is within 100 feet of Otsego Lake, he will require a variance from the Zoning Board of Appeals (ZBA) before applying for
site plan approval. Chairman Lord noted that Galati will need a letter from the New York State Department of Transportation, assuring the Town that there are no
right-of-way issues on State Highway 80.
Joe Galati - Sketch plan conference, canopy over first-floor porch - 6718 State Highway 80 (#69.68-1-14.00)
Joe Galati remained on the public's side of the meeting table and explained his proposed canopy (increasing the footprint) over a first-floor porch. He
submitted a tax map, drawings, and photos of the property in question. Because the building is within 100 feet of Otsego Lake, he will require a variance from the ZBA
before applying for site plan approval. Galati returned to his seat at the Planning Board table.
Albert Wingate -Site plan review, special permitted use, real estate/contracting office - 757 Bissell Road (#97.00-2-25.01)
Patricia Wingate said that she and her husband, Albert, live in a house at the corner of Bissell Road and State Highway 28, which is in the hamlet
residential district. They want to allocate two existing rooms (totaling less than 350 square feet) of the 2,650-square-foot house as office space for her real estate
business and his construction business. This will require no new construction. They plan to have signs which will conform to the Land Use Law regulations, and to
expand the existing parking area.
Chairman Lord explained that an application for a special permitted use is more appropriate than approving this particular project as a home occupation.
Lord referred members to Land Use Law Sections 6.02 (home occupations), 7.03 (special permitted use requirements), and 8.04 (site plan requirements).
It was noted that Albert owns the house, so Patricia will need a letter of authorization to continue representing him. It was also noted that there is
no survey, nor a detailed site plan. The Board could waive the survey and certain other requirements, but a detailed site plan will be necessary.
Chairman Lord advised Patricia to go through the site plan requirements list, fulfilling as many of them as possible, and requesting that the Board
waive any others. She asked to be put on the January 8, 2008 agenda.
OTHER BUSINESS
Chairman Lord introduced new member Steve Purcell to the Board. Purcell was nominated by the Town Board to complete the term of John Stucin, who resigned in August.
However, the term ends on December 31, 2007, so Purcell will have to be reappointed by the Town Board after this meeting.
The Board reviewed Attorney Ferrari's suggested definition of "Structure" to be added to the Land Use Law. Wes Ciampo suggested adding three words, making the
definition as follows:
Structure: An assembly of materials, forming a construction framed of component structural parts for occupancy or use, temporary or otherwise, including buildings. The
term as used herein excludes boundary fences/walls, driveways, walkways and those constructions whose primary purpose is landscaping or decorative in nature.
Donna Borgstrom moved to submit this recommended Land Use Law addition to the Town Board. Ciampo seconded the motion and it was approved, 7-0.
Zoning Enforcement Officer Stucin said there was no language in the Land Use Law regarding the issuance of land use permits, only building permits. The Town has
authorized Stucin to collect $25 for land use permits, but he thinks they should be addressed in the Land Use Law. Chairman Lord said he would work with Stucin on
drafting a recommended addition to the law.
Chairman Lord reported that the Town Board held a public hearing on the Comprehensive Planning Committee's recommendation. The Board prepared a new draft with minor
modifications, another hearing will be held this month, and the plan could be approved at that time.
Attorney Ferrari discussed new statewide legislation regarding uniform fire and building codes. He doesn't know much about it yet, but believes it takes effect on
January 1, 2008 and, among other things, will increase the size of a building requiring a building permit from 100 to 144 square feet.
Chairman Lord noted 2008 meeting dates which will have to be changed: January 1 (New Year's Day), February 5 (Presidential Primary), and November 4 (Election Day).
These should be scheduled one week later. Steve Purcell moved to have Deane submit a public notice, advertising the Planning Board's 2008 meeting dates, including the
aforementioned changes. Donna Borgstrom seconded the motion and it was approved, 7-0.
John Phillips remarked that the Town Board should keep the Planning Board apprised of issues concerning Lakeshore protection and the Historic District, including the
status of the proposed sewer district.
Chairman Lord reintroduced the letter from attorney Les Sittler, regarding a proposed first lot split for his client, Bartl. Sittler was hoping to have this on the
December agenda, but no one had checked the Planning Board mail since the last meeting. The Board debated whether the proposed split created three lots rather than two,
in which case it would be a minor subdivision, requiring Planning Board approval. After consulting the tax maps, the Board agreed that it appeared to be a first lot
split. Lord said he would ask Sittler to provide the Board an inset to the survey map and invite him to the January meeting.
Chairman Lord reintroduced the letter from the U.S. Army Corps of Engineers, regarding Portabello's II. The Army Corps required a modification due to fill needed for
the project. Lord asked Zoning Enforcement Officer Stucin to determine whether this resulted in a change to the site plan the Board approved. Lord said he might also
contact the Army Corps about this.
There was discussion about 2008 Planning Board personnel. John Phillips moved to reappoint Clerk Bill Deane, Attorney Jim Ferrari, and Engineer Wayne Bunn for 2008,
and to recommend that the Town Board reappoint member Steve Purcell through 2014. Donna Borgstrom seconded the motion and it was approved, 7-0. Borgstrom moved to
nominate Paul Lord to continue as Chairman in 2008. Purcell seconded the motion and it was approved, 6-0, with Lord abstaining.
Chairman Lord discussed the January 8, 2007 agenda. As of now there are two definite applicants, Wingate and Bartl. Zoning Enforcement Officer Stucin said that there
may be an application from the owner of the former Java Joz coffee shop, along with the Harmony House site plan modification.
At 9:40, Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk