Town of Otsego Planning Board
Minutes – December 2, 2008
REGULAR MEETING
Vice-Chairman Donna Borgstrom called the monthly meeting of the Town of Otsego Planning Board to order at 7:30 PM, and roll call was taken by Planning Board Clerk Bill Deane. All members were ultimately present: Paul Lord (Chairman, who arrived at 7:36, before the applications), Doug Greene, John Phillips, Wes Ciampo, Steve Purcell, and Joe Galati. Zoning Enforcement Officer John Stucin and Planning Board Attorney Jim Ferrari were also present.
The Board reviewed the minutes of November 11, 2008, e-mailed to the members. Purcell moved to approve the minutes as written. Galati seconded the motion and it was approved, 6-0. The Board then reviewed the minutes of the workshop of November 18, 2008, e-mailed to the members. Phillips moved to approve the minutes as written. Greene seconded the motion and it was approved, 6-0.
Copies of Zoning Enforcement Officer Stucin’s report (filed) for November-December were distributed. It consisted of the meeting agenda for the Planning Board, and listing of one land use permit issued. Stucin informed the Board about his citing the new auto dealership for an illegal sign. He also distributed handouts concerning SPDES and SWPPP issues.
Acting Chairman Borgstrom passed around correspondence received since the last meeting: a Holiday card from Wayne Bunn, and an 11/24 letter from Bunn (filed in “general correspondence”), expressing interest in being reappointed as Town Engineer for 2009. The Board moved on to applications.
APPLICATIONS
Edward Walker – Major subdivision – Browdy Mountain Road (#84.12-1-1.01)
Donna Borgstrom read aloud the minutes of October 7 relevant to the application. She also filed two e-mails (from Carol Akin and the Otsego 2000 Lake Committee) which had previously been forwarded to the Board members.
Applicant Edward Walker presented his visual impact analysis (filed), required by the State Historic Preservation Office (SHPO). It included photos showing the existing building lots, with depictions of the proposed building lots. He said he had submitted it to SHPO on November 14 and is awaiting their reply. He is also continuing to work on the requirements of the Department of Environmental Conservation (DEC). Walker said he expected to have more information in time for the January 6 meeting, and asked to be put on the agenda. He said he would notify the Board if he would not be attending.
Richard Votypka – Site plan modification, Harmony House Café – State Highway 28, Fly Creek (#114.05-1-37.00)
Donna Borgstrom read aloud the minutes of November 11 relevant to the application. Applicant Richard Votypka submitted a photo and a hand-drawing of his parking lot, showing 25 parking spaces. John Phillips said he had measured the lot, finding there was space for 19 vehicles. Chairman Lord said that, allowing for maneuvering, there was space for 18 vehicles. The drawing was amended accordingly.
The Board had previously determined that at least 15 spaces were needed: six for restaurant patrons, five for the barber shop, and four for the tenants. Lord said that parking for restaurant employees should be considered. Joe Galati pointed out that there was nothing in the Land Use Law about designating parking spaces for business employees, and Phillips added that that had not been addressed in other applications.
Votypka said that the restaurant area was about 2,000 square feet, including some of the space formerly used for antiques, which are no longer being sold there. He submitted his November 5 certificate from the Department of Health, showing that the restaurant would have seating for 24 patrons, confirming his previous statements.
The consensus of the Board was that Votypka had documented that he had enough parking space to accommodate all the current uses of the buildings. Doug Greene suggested that he designate the spaces by numbering them on the railing, since parking stripes on the gravel lot would not last.
Phillips recused himself from voting on the application. Wes Ciampo moved to accept the drawing, showing 18 parking spaces, as an amended site plan. Joe Galati seconded the motion and it was approved, 6-0. Greene moved to waive the public hearing, in the interests of expediency and in view of no changes to the uses, and to approve the amended site plan. Borgstrom seconded the motion and it was approved, 6-0. Lord stamped the drawing “approved” and signed it.
NYSHA (Joe Siracusa) – Site plan review, Native American Interpretive Site – State Highway 80 (#115.00-1-4.00)
Joe Siracusa, Director of Operations for the Farmers’ Museum, and landscaper Michael Haas were present. Donna Borgstrom read aloud the minutes of November 11 relevant to the application.
Haas submitted various architectural drawings, showing a preliminary grading and layout plan, existing conditions and erosion and sediment control plan and details, and amphitheater and details. The consensus of the Board was that he had provided everything they had requested, but that the construction sequence should be clarified.
Since the amphitheater and bark huts will be within 100 feet of Otsego Lake, NYSHA will need a variance from the Town Zoning Board of Appeals (ZBA) to allow construction in the Lakeshore protection area. After discussion, Siracusa and Haas said they would aim for the January 20 ZBA meeting and return to the Planning Board if/after their variance was granted. Bill Deane advised them to submit a ZBA application by January 6 in order to get on their January 20 agenda.
NYSHA (Joe Siracusa) – Sketch plan conference, Cooperstown Graduate Program temporary accommodations – State Highway 80 (#115.00-1-4.00)
Joe Siracusa, Director of Operations for the Farmers’ Museum, and landscaper Michael Haas were present. They said they had nothing new on this issue at this time, but would revisit it at the same time they returned for the above application.
John Edwards/David McGowan, Chokgyur Lingpa Foundation – Sketch plan conference, special permitted use, church – 115 Glimmerglen Road (#98.00-1-67.01)
Donna Borgstrom read aloud the minutes of August 5 relevant to the application. Applicant John Edwards was accompanied by David McGowan, whom he said was an authorized representative. Chairman Lord said that Edwards and McGowan would need legal authorization to represent the Chokgyur Lingpa Foundation.
Edwards gave brief updates on the proposed church. He said the foundation was working with engineer Jon McManus, and that they would no longer need the lot split they had originally proposed. He said they would be back when they were ready to pursue full site plan review. Lord suggested that Edwards talk to his neighbors about the project.
David Bertram – Sketch plan conference, lot line adjustment – County Highway 28 (#99.00-1-1.22 & - 2.01)
Attorney Ferrari explained that applicant David Bertram said he had a school commitment tonight, but asked to be put on the January agenda.
Jerry Miller – Site plan review, special permitted use, Creekside Cottages motel units in GB-2 district – 6635 State Highway 28 (#97.00-2-6.22)
Jerry and Cindy Miller were present at the Board’s invitation. Their Creekside Cottages contingent approval (from July 1) is still in limbo. Teresa Emmitt, Senior Sanitary Engineer for the Department of Health (DOH), told John Phillips that the application would sit on their desk until the Planning Board did a long environmental assessment form (EAF), replacing the short-form they had done in the previous State Environmental Quality Review Act (SEQRA) determination. Engineer Hans DeWaal can’t proceed until this is resolved.
After discussion, Phillips moved to reconsider the Board’s SEQRA determination. Doug Greene seconded the motion and it was approved, 7-0. Chairman Lord went through the long EAF submitted by the Millers, and had them make and initial various corrections. Lord then completed the Planning Board section of the form with input from the members. Phillips moved to declare a negative declaration and authorize the chairman to sign the form. Greene seconded the motion, it was approved, 7-0, and Lord signed the EAF. He said he would submit it to the DOH. The consensus of the Board was that no coordinated review was required at this point.
OTHER BUSINESS
The Board discussed scheduling another workshop to discuss potential Land Use Law changes. The consensus was to wait until January 20 at 7:30. Bill Deane said he would be covering the ZBA meeting on that date, but should be able to arrive at the workshop at 7:30 or soon after. Greene volunteered to serve as secretary until Deane’s arrival. Deane will advertise the meeting. Phillips distributed copies of his proposed changes regarding home occupations/offices. Lord asked members to look it over and be prepared to discuss it at the workshop.
The Board discussed 2009 personnel. Chairman Lord explained the selection processes for various positions, and noted that the Town Board was considering the addition of an alternate Planning Board member, to serve in the absence of any regular member. Joe Galati moved to reappoint Town Engineer Wayne Bunn, and Planning Board Clerk Bill Deane, Attorney Jim Ferrari, and Vice-Chairman Donna Borgstrom. Phillips seconded the motion and it was approved, 7-0. Phillips moved to recommend that the Town Board reappoint member Doug Greene to a new seven-year term, citing Greene’s background in planning and municipal government. Borgstrom seconded the motion and it was approved, 7-0. Borgstrom moved to recommend that the Town Board reappoint Paul Lord as Planning Board Chairman. Wes Ciampo seconded the motion and it was approved, 7-0.
Deane discussed the January 6, 2009 agenda. The only returning applicants are Walker and Bertram. Zoning Enforcement Officer Stucin said that Hanna/Bettiol/Davies (from November) would also be returning. Also, Carl Gobernale of Donlon Road has been violating his deed restrictions, and this issue should go before the Planning Board.
With no further business, at 10:05 Wes Ciampo moved to adjourn the meeting.
Respectfully submitted,
Bill Deane
Planning Board Clerk