FLY CREEK- A proposed change in the town of Otsego's land use law, if approved by the town board, could remove an obstacle for the Donney Brook Bungalows planned in Oaksville.

According to planning board chairman Jonathan Bass, the town board has been discussing changing certain language within the law for about a year.

The changes are an effort to get consistency between each of the General Business Districts and their regulations.

One of the changes would be to exclude the word "cumulative" from the current law and add that individual buildings within the GB-2 District cannot exceed 10,000 sq. ft. on a single lot, said Bass.

This kind of change could make an impact on the proposed Donney Brook Bungalows, a year-round motel/hotel/eating complex, which could accommodate 140-200 Dreams Park visitors.

The current law does not allow a business such as a motel to be built, said Bass.

"In my opinion, that was kind of an error," he added.

In March, the planning board realized that the buildings in the project totaled 24,600 sq. ft., which exceeds the 10,000 sq. ft. limit allowed on a single lot, under the town's land use law.

Earlier this month, the planning board and town attorney Margaret McGown recommended that property/project owner Ken Stabler apply for an area variance through the Zoning Board of Appeals.

Discussion also ensued over ways to bypass the variance and arrange the project to meet the town's requirement. Included were the options to stack the bungalows to fit the required footprint or move the buildings onto more land owned by Stabler- which was originally to be considered for another commercial development in the future.

Stabler did not wish to pursue either.

"I want to leave it in that context," said Stabler. " I think staking them would reduce the value."

Now, with the possible change of the law, Stabler would not necessarily need an area variance. His project would be in compliance with the law at this point of the application, said Bass.

Bass said it's up to Stabler whether he wants to apply for an area variance or wait for the town board's determination on the changes to the law next month. Stabler was not on the agenda for the ZBA's meeting last week and attempts were made, without success, to contact Stabler about what he planned to do.

A public hearing has been scheduled during the next town board meeting on May 12 to solicit comments about this land use law change as well as others.

The Donney Brook Bungalows have not yet been approved by the planning board, Bass emphasized.

"There are other considerations," he said.

The planning board still needs to go through the SEQRA process, review the project's septic design and site engineering plan, Bass said.

The project consists of: nine ground floor bungalows, each containing four, two-bedroom units; and a recreational center/rental facility.

Stabler commented that the future commercial development, or phase II, which is located next to the Bungalows, has not yet been decided.