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May
17, 2004
Planning Board Minutes
Oswego Town Hall |
Chair:
Judy Sabin-Watson
Town Board Members: Francis Dellamano, Kenneth
Kern,
Lee Phillips, Barry Pritchard, John Pritchard, Robert Smith
Attorney To The Board: Stephen Greene, Jr. |
The
Planning Board Meeting for May 17, 2004 was called to order
by Judy Sabin-Watson at approximately 7:00 PM
Those in attendance were:
Chair
Member
Member
Member
Member
Member
Attorney
Secretary |
Judy
Sabin-Watson
Francis Dellamano
Kenneth Kern
Lee Phillips
John Pritchard
Barry Pritchard
Stephen Greene, Jr
Marjorie Best |
Those absent
were:
| Alternate
Member |
Robert
Smith |
Old
Business:
Approval of April 19, 2004 Minutes:
Fran Dellamano stated he had some corrections to the April Minutes.
On the second page, third paragraph, it states Oswego Shippers
and Growers - it should read Oswego Growers and Shippers. On
the fifth page, under Comprehensive Plan - second sentence,
instead of "we would have a Public Hearing", it should
read "the Town Board would have a Public Hearing".
Also on the fifth page, under Public Comment, second paragraph,
second sentence, it states "There are a lot of junk cars
around". Fran stated he didn't think he said junk cars.
The minutes should read "There is a lot of junk around".
Ken Kern made a motion that e approve the Minutes with amendments.
John Pritchard seconded the motion. All ayes. Motion carried.
Judy Sabin-Watson read a letter that was sent to the Town Board
regarding clean-up. The letter referred to not only junk cars,
but debris.
Application #2003-01 - VIP Structures:
At approximately 7:15 PM, Judy Watson opened discussion of Empire
Fresh Cuts, LLC, and VIP Structures. Jeff Wallace was in attendance
for Empire Fresh Cuts, LLC, as well as neighbors, Frank and
Michaelene Slattery.
Judy Watson stated the fence is up, and asked about the trees.
Jeff Wallace said they got in touch with three landscapers,
and they felt comfortable with Ontario Orchards to put in blue
spruce trees, as well as top soil and mulching. He stated he
is researching an option of seeding, which is separate from
the trees. He said that would have to be done first before the
trees are planted. John Pritchard asked when this would be done,
and Jeff said the plan is by the end of June.
John Pritchard next brought up that he had talked to the Town
Clerk this morning. Sam Zappala had insisted that there were
some "as built" drawings, the way it was built besides
what was presented to the Planning Board. (Several drawings
were laid out on the table for viewing which had been revised).
Jeff Wallace had the plans that were submitted and approved
for construction on 9-30-03, which indicate all the questionable
installs including the two exhaust fans on the side of the building.
John Pritchard stated the fans were not presented to the Board.
Jeff Wallace said we need to speak with VIP Structures, as they
are responsible. John Pritchard said we had the original meeting
on May 21, 2003, in which Jeff presented that drawing (pointing
to it), and on September 30th, it was released for construction.
He said at the last meeting, we had one drawing, and now we
have this one (pointing to it). The plan should be amended.
Now we have these fans running. It is not right. These Plans
seem to be in violation.
Fran Dellamano raised the question "We have before the
Planning Board, a Site Plan Review. Actually, interior structure
doesn't interfere with Site Plan Review. How does this come
into Site Plan Review? Do we have to have everything in the
building on the plan, or do we just do Site Plan Review, and
the Building Inspector does the rest?"
Steve Greene quoted from the Land Use Control And District Regulations
Ordinance of the Town of Oswego, New York, under Section F(a),
Site Plans, Page 15 - "Site Plans shall include, subject
to the regulations of the Planning Board, as elements thereof,
provisions for the parking of motor vehicles, means of access,
screening, signs, landscaping, architectural features, location
and dimensions of buildings, impact of the proposed use on adjacent
land uses, and such other elements as may be established by
regulation of the Planning Board, being reasonably related to
the health, safety and general welfare of the community".
Fran Dellamano asked if that would include the fans.
Frank Slattery stated that had they known about the fans, it
would have been okay, but they didn't know about them. Fran
Dellamano stated "We must understand, this is part of Zoning
and Planning. You are in an R-4, which is a mixture of business
and residential. Because there are businesses in the area, there
will be noise with trucks. Everything is not going to be perfect
in an area where there are businesses on 104. You have to understand
the other side too. You are in kind of a bad area if you want
it totally residential".
Michaelene Slattery stated her point is if we had known about
the fans before the structure was built, then maybe something
could have been done about the building being built differently,
so the fans would not be directed at her house. Unless they
are going to make changes, there is nothing that can be done
about it. She said when they are standing outside, it is like
standing next to an air conditioning unit. Jeff Wallace said
the exhaust fans had not been turned on, except for the two
days they were on by mistake. Frank Slattery said they were
on Sunday at 5:00 o'clock in the morning. Jeff Wallace told
Frank if he hears them, he needs to call him. Maybe the cleaning
men are leaving them on. He said as far as odor, there is no
odor. If they do smell odor, Slattery's need to call them, and
they will check it out. Frank said when he mows his lawn, and
gets near that area, it stinks.
Ken Kern mentioned that every revision should come before the
Planning Board. John Pritchard said if someone complains, then
they go ahead and build it anyway. It is not the Planning Board's
fault, or the contractor's fault. It seems this should go to
the Code Enforcement Officer, Gary Coats. We can see how much
has changed with the plan.
Lee Phillips stated we have been trying to mediate an agreement
among the parties, and somehow, we ended up the enforcers, and
that is not our job. When revisions are done, it is supposed
to be out of our hands.
Michaelene Slattery then asked who they would go to. The fans
are there and they are loud. She asked what people would do
in the future. The plan the Planning Board approved is not the
same plan, as the building that now stands. Ken Kern said we
have to approve the plans per say, and the Code Enforcement
Officer signs off. Fran Dellamano said as far as noise, the
Town does not have a Noise Ordinance.
Ken Kern stated there were significant Site Plan changes. We
were asked for a Site Plan Revision with the wall on the site
to satisfy the problem there. Fran Dellamano stated revisions
were made to help both parties out. Jeff Wallace said he also
received plans through the mail, and they go into the file.
Ken stated, if you look at the plan, it says 6-6-03 for Planning
Board Review. Then it shows 6-18-03 for Site Plan Review. That
is a requirement of the Planning Board. On 7-9-03, there was
a Building Height Notice. Someone along the way questioned the
building height. Then on 8-5-03, it says Owner Review, then
on 8-8-03, Final Review Coordination. The question is, who is
the coordinator? On 9-30-03, it says "Released For Construction".
There should be a Permit that says everything is in order. That
is the document that gives approval.
Jeff Wallace said the CEO was walking around the building, and
came to VIP, and said there has to be an alarm system installed,
which was installed immediately. That was part of the plan that
would turn ownership to us. The Code Enforcement Officer made
the determination right then and there. Jeff said VIP is a very
professional and well respected construction company, and they
have their own legal office, and would never allow this to be
released unless it were approved by the proper people. Jeff
said he had never dealt with a Planning Board where they approve
the site work, and the building.
Fran Dellamano again brought up the subject of the fans. There
are a lot of types of fans, different velocity and RPM's. His
suggestion was to get an engineer to get fans in there that
do not create as much noise, changing the velocity or pitch
of the blade.
Michaelene Slattery again brought up that a year ago, everything
was agreed to - the height of the building, and the boundary
line. She said they signed off on it, and gave it to the Planning
Board. All of a sudden, everything started changing. The building
got taller, as well as so many other changes. We feel the Planning
Board is responsible. Frank Slattery asked why every month we
have to come to a meeting and waste everyone's time.
Steve Greene said that Empire Fresh Cuts has done a good job
in trying to accommodate and make amends in all the issues.
Jeff Wallace stated they have a building, and inside the building
comprises a cooler. The only area that is not the cooler, is
the storage room.
Fran Dellamano entertained a motion that the VIP Structures
matter be out of the Planning Board's hands, and should be turned
over to the Code Enforcement Officer. John Pritchard seconded
the motion. All ayes. Motion carried.
Comprehensive Plan:
At approximately 8:00 PM, Judy Watson presented the Comprehensive
Plan Map, with definitions. She stated that if we are all set
with it, we can take it to the County Planning Board and clean
it up. She said she didn't understand some of the wording. Fran
Dellamano said we need to get permission and money to come up
with the correct definitions. The definitions we have here are
a rough draft. He stated Vickie Mullen is supposed to contact
Steve Greene, and allow him to work with us on the definitions.
The Board also went over the color coding of the map: Blue for
Flood Hazard, Green for Conservation; Pink for Business; Orange
for Agricultural; Yellow for Residential; and Black for Industrial.
Fran Dellamano said we could do business in the White area,
and anything in the Red area. He also mentioned what can be
done under Residential - one and two family homes, permitted
with Site Plan Review and approval, and no mobile homes permitted.
Other definitions were discussed for uses as to Agricultural,
Conservation and Industry. There are also areas left "Open".
Judy verified that this Plan is still a working document. Judy
said she would talk to Vickie Mullen, and get permission for
Steve to work with us on the definitions. Fran stated that before
the next meeting the definitions should be expanded.
New Business:
Applicants: None
Public Comment: None
Open Board Discussion:
Judy Watson said there is a problem with next month's meeting.
We have a conflict, as Steve can't attend, and we want his attendance.
The meeting was rescheduled for June 28, 2004 at 7:00 PM.
Adjournment:
At approximately 8:15 PM, Lee Phillips made a motion to adjourn
the meeting. Barry Pritchard seconded the Motion. All ayes.
Motion carried.
Respectfully submitted,
Marjorie Best,
Secretary To Planning Board |
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