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October
18, 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 October 18, 2004 was called to order
by Judy Watson at approximately 6:00 PM.
Those in attendance were:
Chair
Member
Member
Member
Member
Secretary |
Judy
Sabin-Watson
Francis Dellamano
John Pritchard
Barry Pritchard
Lee Phillips
Marjorie Best |
Absent were:
Member
Attorney
Alternate Member
|
Ken
Kern
Stephen Greene, Jr.
Robert Smith |
Old
Business:
Approval of September 20, 2004 Minutes:
John Pritchard made a motion that the September 20, 2004 Minutes
be approved. Barry Pritchard seconded the motion. All ayes.
Motion carried.
Comprehensive Plan:
What now has to be approved is the map. The Town Board Meeting
is tonight, right after this meeting, and if anyone would like
to stay to see if the map is approved, they are welcome to do
so.
New Business:
Judy Watson stated she had talked with Richard Greene, CEO about
some issues that need to be addressed. Richard Greene was present
at the meeting.
The first issue Mr. Greene addressed is the Paternoster property
on Route 104 across from County Route 7, being the former Country
Inn. It came to his attention several weeks ago, that John Dickquist
was selling used cars on the property. One of the concerns is
that the property didn't look to be in very good shape. He had
told Mr. James Paternoster, owner of the property, that he would
have to apply for a Business Permit. Richard did some research
and found that the property, not the building was grand-fathered
in as a business in a business zone. This is in accordance with
a letter written by Carol Haynes in March of 1997. Richard stated
he could not find in the Zone Code that a Special Use Permit
is needed.
Fran Dellamano said it was the Country Inn before, and if it
was grand-fathered, can we permit a different type of business.
Richard said we cannot be arbitrary. He said perhaps all Business
Permit Applications should be sent to the Planning Board for
review. We don't want to get caught up in lawsuits. Richard
said the Code should be changed stating that all Business Permits
be presented to the Planning Board.
Richard Greene said what he would like to do in this case, is
issue a Business Permit, and also get in touch with the Department
of Transportation to get a letter or permit that would state
how many vehicles are allowed to be parked, and how many feet
from the edge of the highway. He said he had talked with James
Paternoster, the owner of the property, and John Dickquist.
Mr. Dickquist plans on purchasing the property, and tearing
two of the buildings down. Richard Greene told Mr. Dickquist
when he fills out the application, to list what the present
and future plans are for the property. Fran Dellamano stated
his application should be submitted to the Planning Board for
Site Plan Review. He also suggested that the Board's Attorney,
Steve Greene, Jr. should be consulted as to the legality.
The next issue Richard Greene brought up is an Order to Remedy
Violations in the matter of Empire Fresh Cuts, as to the oil
and stone in their driveway. Jeff Wallace had contacted Mr.
Greene, through his Attorney, Green & Seifter, and said
that finances were a problem at this time, as to using oil and
stone. He would like to apply liquid calcium or calcium chloride
to the first 490 feet of the access road by October 31, 2004,
and would apply oil and stone or asphalt to the first 490 feet
by July 31, 2005, and requested the Order to Remedy be stayed
until July 31, 2005. He also stated he would apply liquid calcium
or calcium chloride to the remaining traffic and parking areas
to include the rear portions of both Empire Fresh Cuts and Oswego
Growers and Shippers. Jeff Wallace had also discussed with Bruce
Stillman, a Professional Engineer that oil and stone does not
produce a stable surface, that it would be torn up quickly by
the heavy trucks.
Judy Watson stated that the Site Plan approved was to apply
oil and stone back on July 14, 2003. Fran Dellamano stated he
was at Empire Fresh Cuts one day, and the dust was really rolling.
Richard Greene said he has no problems using his authority as
Code Enforcement Officer, but wants to make sure everything
is in line with the legality. We don't want to get attorneys
involved. He stated we should consult with Steve Greene.
John Pritchard suggested we change some of the dates in the
proposal to apply the oil and stone. He said it has been over
a year now, and here we are going into the next year. Richard
Greene said he would like to accomplish the matter in a timely
fashion. John was asked to put in the dates when this should
be done. He set June 10, 2005 to apply the oil and stone or
asphalt to the first 490 feet, and that Empire Fresh Cuts agree
to oil and stone the remaining traffic and parking areas for
consideration of additional time to comply. Richard again said
we should talk to Steve Greene on this matter.
The final issue that Richard Greene brought up was the Coastal
Erosion Hazard Areas. He stated he appeared at the latest Zoning
Board Meeting, and also obtained maps and a Local Law drawn
by the Town of Sterling. He explained the coastal erosion is
along Lake Ontario from Fair Haven to the City of Oswego. After
the Zoning Board reviews the maps, the secretary will see to
it that the Planning Board also reviews them. He explained there
is a line, call the "Blue Line" which shows that structures
cannot be built beyond that line, as with weather conditions,
the bluffs or banks erode. The maps were completed in 1979,
and since that time, if you walk the lake bank, you can see
how much erosion has occurred since then. Any structure to be
built requires a permit by the Department of Environmental Conservation.
He also explained if there is an existing structure that was
built without a permit, it will have to be cut back to the 25
foot line. He said the Town of Oswego should administer the
plan, and he is working on a plan. He said he has seen plans
where people are building expensive homes, and we can not take
the chance of them building over the blue line, and their homes
get ruined by the coastal erosion in the future.
Public Comment: None
Open Board Discussion: None
Adjournment:
At approximately 6:45 PM, John Pritchard moved to adjourn the
meeting. Barry Pritchard seconded the Motion. All ayes. Motion
carried.
Respectfully submitted,
Marjorie Best,
Secretary |
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