|
|
January
8, 2008
Planning Board Minutes Special Meeting
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 7:00 PM, Jeffrey Boyer, Chairman called the
Meeting to order.
Attendance:
Those in attendance were:
Jeffrey
Boyer
Judy Watson
Francis Dellamano
Lee Phillips
James Finn
Kevin Caraccioli
Marjorie Best |
Chairman
Member
Member
Member
Member
Legal Advisor (Sitting in for Steve Greene because of
conflict of interest)
Secretary |
Absent:
| Barry
Pritchard |
Committee
Member |
Approval of December 17, 2007 Minutes:
The only question Jeff had because of being absent from the
last meeting, is the public comment from Mario Rabozzi. He wondered
what his relationship was with Oswego Hots Restaurant. Kevin
said he is a neighbor about 3 houses down. Judy Watson made
a motion that we approve the Minutes. Lee Phillips seconded
it. All Ayes. Motion carried.
Old Business:
Application #2007-14 - David Washburn - Oswego Hots - Site Plan
Review:
Jeff said at the conclusion of the last meeting, Fran said we
needed a survey showing parking and the sign. Dave said they
decided they weren’t going to apply for the sign out by
the road. He said it is an expense they cannot afford right
now. The sign is no longer an issue. Jeff said therefore we
are down to the plot plan as far as parking. Fran said the map
they had given us was not good enough. So they went and did
a site plan through John Damiano. Kevin asked to see a copy
of the first letter from the County Planning Board - December
10th. Kevin quoted that the County Planning Board recommended
approval with modifications - that the applicant re-submit a
site plan drawn to scale clearly showing ingress and egress,
parking spaces, internal circulation and location of advertising
signs relative to 104 and Baylis Street. The sketch that had
been submitted did not give the Board enough information to
make an intelligent decision. So we asked Mr. Washburn to hire
a surveyor to plot it out. They got that back quite timely.
Marge submitted it to the County again. The second letter indicated
that it is not really necessary, and now they have made some
additional comments. It appears that the four southerly parking
spaces appear to be in the State’s right-of-way. The County
is recommending that they should be removed. They are also commenting
that the interior circulation may be problematic. This is a
second recommendation from the County. Kevin said that he spoke
to Sean Murphy, who is a Regional Planner with the NYS DOT.
He was able to get to Mr. Murphy with the Site Plan, as well
as all the information that the Washburn’s had submitted,
including the written comment from James Tompkins, who is the
Assistant Resident Engineer from the DOT. He is located in Mexico
and did a field study. Mr. Murphy said if Mr. Tompkins believes
there aren’t any issues, that he would support what Mr.
Tompkins has written. The one thing he did say, and it is consistent
with the County Planning Board - he couldn’t tell where
the State’s right-of-way began. His only comment was that
if any portion of the business that is located in the State’s
right-of-way, they would have an objection to that portion of
it. He indicated that because it is an existing commercial space,
it is not being expanded, he did not have a particular concern
with the use. The only other issue he raised was accessing the
premises from 104 heading East, essentially making a left turn
and going across 104. He said that could be problematic from
the State’s position. He said he would rather see the
property clearly delineated with ingress and egress so they
are directing the outflow onto Baylis, as much as possible.
Fran stated that a lot of the customers will be from the college.
He asked if it would be delivery orders. Dave said a lot of
the college will be walking and taking orders with them. Fran
asked how many tables and chairs will be in there, and Dave
said they will have seating for 29 - we have 4 booths and 5
tables. Fran said that will be 6 or 7 cars.
Fran asked for an explanation as to why they left grass here
(pointing to the map). Dave said they planned to put picnic
tables there, as it is a nice shady spot, but it is also our
property line, so we didn’t want to pave over in there.
Plus the city comes down here with the sidewalk (again pointing
to map). Lee said he had been there recently and there was a
contractor’s truck there and a couple of cars. He said
he came in from 104 with no trouble and exited Baylis street
with no problem.
Judy asked Kevin if there would be a problem approving the site
plan due to the fact that part of it is on State property? Kevin
said it could be a problem unless the Washburn’s receive
some sort of a waiver from the State. What Sean Murphy said
he couldn’t tell where the State’s right-of-way
began because it isn’t specifically delineated on this
map. If we can get John Damiano to show where the State right-of-way
is, they might get a letter from Mr. Murphy stating that they
have no objection to parking in these four spaces here (indicating
on map).
After much discussion among Kevin, Judy and Fran, a Motion was
made by Judy that we approve the Site Plan of December 27, 2007,
with only the parking spaces that are contained within the owner’s
property lines. A revised map will be submitted showing the
owner’s appropriation lines. In the future, if the owners
wish to pursue with the State for the parking spaces on their
property, the Site Plan could be amended. Jim Finn seconded
the motion. All ayes. Motion carried.
Kevin said he and Marge will work on the motion as well as the
Resolution.
Fran said he would like to bring up one more thing on this whole
procedure. We had a Public Hearing. No one spoke against the
proposal. One person was here to speak in favor, and one person
wrote in favoring it. Fran said that should be in the minutes,
to show that it was advertised, and it was positive in an area
of residential people. 192 Certified Letters were sent to the
people within 1,500 feet, and we didn’t have any outcries.
Old Business:
Judy said there was a question at the last meeting about the
Stout property. We wanted to know what was approved way back
when, so she pulled his file. He is in an R-4 District, and
what he came to us for was requesting a Special Permit for a
business, and that was he was granted. He is in an R-4 District
and not in an Ag area. Fran said the question was in the survey,
“Is your boundary within 500 feet if an Ag?” Judy
said there was a question about the original Site Plan and what
it had requested, and that is what she researched. Judy said
there was a question about getting a copy of a Variance, and
he did not have a Variance - he had a Special Permit. He is
in an R-4 area so he can build his apartments. Jim Finn asked
if a Special Use Permit follows the property, or follows the
owner. Judy said it is the property.
New Business: None
Public Comment: None
Open Board Discussion:
Judy said we should discuss is issues that have happened the
last few times about things going on in the town, and this one
being a good example of it, is us not having an opportunity
to look at a Site Plan before these people have put in all this
money. She proposed that we submit a Resolution to the Town
Board requesting that when a business entity is coming into
the town, that we be informed of what is taking place and we
make the decision as to whether we want to see a Site Plan or
not. Fran said we will have to word it different than that.
Judy said the problem is businesses that are going into an area
- that we have already given them a Variance or Special Use
Permit, and they are being told by Code Enforcement. And this
poor guy gets ready to open and we hit him with “You have
to come and see us”. The Town Board would have to do it
by Resolution, and changing the way they do business.
Kevin said his rule of thumb, particularly commercial uses should
come before this Board for Site Plan Review, whether a formal
approval is needed or not, this Board should know what is going
on. Fran said he thinks it is important, even if someone is
going to have a household business, especially for adequate
parking spaces. Jim Finn said at least they will be starting
with us, instead of putting thousands of dollars into their
business, and finding out they have to put a few more to satisfy
these people. Judy said we looked real intelligent with this
poor gentleman. Luckily he has a sense of humor, because he
could have gotten really angry with us. She said she would like
to try to avoid that again.
Lee said “Why don’t we get a specific list as to
what we are supposed to do?” Judy said she is trying to
do a stop gap now before we do the new zoning. Hopefully, when
we do the new zoning, we will have learned from our errors.
Kevin said Wayne should be referring any business use to this
Board for an initial review. Judy said she wants to see a Resolution
drawn, as that is the only way that it can change, because there
is no procedure for that to happen now.
Jeff said what we need to do is get the words right again. From
his understanding we are requesting the Town Board to pass a
Resolution. Judy said her suggestion would be for the Planning
Board to send a letter to the Town Board requesting a Resolution
- that all business uses including home businesses shall be
referred to the Planning Board to see if Site Plan Review is
necessary. Jeff said he would come up with a letter, and he
would get it to Kevin or Steve for any changes.
Adjournment:
At approximately 8:00 PM, Fran Dellamano made a motion to adjourn
the meeting. Judy Watson seconded the motion. All ayes. Motion
carried.
Respectfully submitted,
Marjorie Best,
Secretary to Planning Board |
|
|
|
|
