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September
17, 2007
Planning Board Minutes
Oswego Town Hall |
Chair:
Jeffrey Boyer
Town Board Members: Judy Sabin-Watson, Francis
Dellamano,
Lee Phillips, Barry Pritchard, James Finn
Attorney To The Board: Stephen Greene, Jr. |
Call
to Order:
At approximately 7:05 PM, Chairman Jeffrey Boyer called the
meeting to order.
Those
in attendance were:
Jeffrey
Boyer
Judy Watson
Francis Dellamano
Lee Phillips
Barry Pritchard
James Finn
Steve Greene, Jr.
Marjorie Best |
Chairman
Member
Member
Member
Member
Member
Attorney to the Board
Secretary |
Approval of August 20, 2007 Minutes:
Jeff asked if there were any questions or comments to the minutes
of August 20, 2007. There being none, Lee Phillips made a motion
that the minutes be approved. Barry Pritchard seconded the motion.
All ayes. Motion carried.
Old Business:
Application #2007-03 - United Group - Oswego College Suites
- Site Plan Review
Jeff said again it was a quiet month. He said he did call Jeff
Smetana to see what was going on. They are continuing to provide
Barton and Loguidice information for the SEQRA, and they are
going to redo the Traffic Study, but have not done it as yet.
They want a new traffic study when the college is back in session.
Jeff asked if we sent the County the information that we had
gathered. Marge stated that Jeff, Steve and she were supposed
to get together. Jeff apologized, and said we would definitely
get together shortly, and get it to the County before next months
meeting. Jeff said he would give Marge a cover letter as to
what should be submitted. Marge said she has most of the original
material at her house.
New Business:
No New Business.
Public Comment:
No Public Comment.
Open Board Discussion:
Jim said he gave Marge the Certificate of Attendance to the
training sessions, and she would give them to Vicky Mullen.
Jeff said we did have an opportunity to attend the training
sessions. Jeff said both nights were good. He said he learned
a lot about the SEQRA and the Planning Board. Jeff said one
of the topics was personal liability. If you make rational decisions,
based on facts and evidence. That eliminates liability on any
decision made. That was backed up by a letter that Kevin Caraccioli
wrote to Vicky Mullen. Jeff asked Marge to make a copy for all
the members, and he quoted part of the letter:
"Dear Supervisor Mullen:
Recently the Town Board was asked whether board members are
personally liable for any decisions that are made on behalf
of the Town. This would include members of the Planning Board
and Zoning Board of Appeals. The short answer is no.
The Controlling Law on personal liability for actions of public
officers has long been established. The action must be shown
to be malicious, a willful disregard of the rule of law, or
some form of dishonesty. In fact, the highest court in New York
State has ruled "that malice or dishonesty of purpose can
transform an otherwise privileged act of an administrative official
into one for which personal liability may ensue."
In the case of a zoning determination, the issue of personal
liability does not come into play provided that the zoning/planning
boards use their own knowledge, common sense, and good judgment
in making a decision."
Jeff said another thing we learned that when we go over any
site plan, we are supposed to be reviewing the whole action
- not Phase 1 and Phase 2. In case of the trailer park up here,
and Jeff wasn't a part of that, it was done in different phases.
Judy said United Group is doing the same thing - Phase I and
II. Barry said as far as Barton and Loguidice and the SEQR,
they are doing everything, and looking at the whole thing.
Jeff also said they learned in the training session that when
we are looking at a site plan review, we must look at it from
an external point of view, and not an internal. As to how the
business is managed, that is internal. We look for anything
external. Fran said he thinks we have done that. Jeff said it
could come to economics as well. Fran said he thought economics
would enter into a site plan review. In this case, United Group,
the reason the people in the city are against it, it's economics.
If that is going to be some input, we really have to do some
study. We need a lot of data, which will help us make a decision.
Judy asked "How would you say it is comparable?" If
a 150 year old house in the City of Oswego, that has 4 bedrooms
and 3 bathrooms, does that compare to a brand new apartment
complex. Fran said they would have to show more than that -
the value of the property before and after. We want hard cold
facts. At this point, Jeff said "Let me step back."
When he said, it should be considered, the site plan review
is the esthetic impact, the functionality of the property. They
said you could consider economics when you go through that process.
Judy said it would seem that the Community Development people
would have that information.
Jeff stated he just opened a letter he received from Deborah
Stanley, President of the College. He quoted the letter:
"Dear Chairman Boyer:
I apologize for the long delay in responding to your inquiry
of April 22, 2007. The information you requested is below:
We are proceeding with plans and preparations to build a 350
bed apartment style residential village on campus. The first
phase is anticipated o open in fall of 2009. The project is
slated for full occupancy by fall 2020.
We plan to maintain current enrollment size over the span of
the next five years.
We have not projected traffic flow outcomes relative to the
Oswego Suites Housing Project.
We have not considered or estimated possible economic impact
to SUNY Oswego relative to the Oswego Suites Housing Project.
I hope this information is helpful."
Fran said she evaded the whole issue. He said he had talked
to her husband, Mike Stanley. The letter doesn't say anything
about what her thoughts are - whether she is against it or neutral.
She just said they are going to build some units. We ought to
write her a letter and ask the question to her if she is so
evasive. Jeff asked what question. Fran said we should sit down
and talk about what information we need from her to help us
make a decision. Judy said we should write "Based on your
letter we understand that the college is building 350 beds -
is there truly a need in the town for an additional 300 beds.
Greg Herrmann said he doesn't believe we will get an answer
from the college. We haven't yet. The way the letter is written,
it is very gray. Fran Dellamano made a motion that we write
a letter to the President, the way Judy said. Jim Finn seconded
the motion. All ayes. Motion carried.
Lee Phillips said he believes economics as far as we are concerned
- our basic system is to find out how much it will cost the
town, if it will cost the town anything. If we have to put money
in the sewer system, that's economics. And how much money that
they are going to bring in is considered economics.
Jeff said he is going to call one of those trainers for clarification
on what he spoke on. He is also going to talk to Vickie about
some videos as to actually attending training sessions for four
hours.
Barry Pritchard brought up the fact that we need to approach
the Town Board or Town Supervisor, or somebody to somehow get
better communications between the town and all the boards. It
comes back to the Code Enforcement Officer. We have seen here
the last couple of months, there is other stuff going on that
we are not aware of, and could be a concern later on. If everybody
goes to the Town Clerk, or if the Code Enforcement sees everything,
if he should be making a report to the Town Board, and spreading
it out to the Boards, just to say - These are the applications
that have been put in this month, so if we see something we
have a concern with. Barry said buildings are being built where
they shouldn't be. Fran said an application should be presented
to the Chairman of the Zoning Board or Planning Board to be
edited before it goes to the Code Enforcement Officer. Barry
said maybe Wayne should call the chairman of each board and
discuss it. Fran stated he doesn't think it is a Planning Board
or Zoning Board problem. It is the Town Board that must address
it. Jeff said he would talk to Vicky and see if there can be
a resolution.
Adjournment:
At approximately 7:50 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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