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May
16, 2002
Zoning Board of Appeals Minutes
Southwest
Community Center |
Chairman:
Randy Pratt
Board Members: Greg Auleta, Robert Baker,
Brad Livesey, Greg Mills |
Call
to Order
The meeting of the Oswego Town Board of Appeals was held on
Thursday, May 16, 2002. Randy Pratt, Chairman called the meeting
to order at approximately 7:10 PM.
Attendance
Those in attendance were:
Randy Pratt, ZBA Chairman
Greg Auleta, ZBA Member
Brad Livesey, ZBA Member
Shelley Rahn, ZBA Secretary
Marcella Gibson, ZEO
Robert Baker ZBA Member/Absent
Greg Mills ZBA Member/Absent
Kevin Caraccioli, Legal Advisor/Absent
Don Dowd, CEO/Absent
Acceptance of Minutes
A motion was made by Greg Auleta to accept the minutes from
the May 16, 2002 meeting. Brad Livesey seconded the motion.
All ayes. Motion carried.
First Order of Business
Public Comment Session
There was none as no one was present.
Second Order of Business
Ordinance Committee Update
Randy Pratt provided members with an update as to the progress
made by the Ordinance Review Committee. He reported that the
committee had met on April 24, 2002 and was attended by 1 member
from the Planning Board, 2 members from the ZBA and 2 members
form the Oswego Town Council. Don Dowd is scheduled to make
and present a flow chart to committee members that details the
responsibilities of the various boards and members of the Town
of Oswego government at the next committee meeting. The Planning
Board is very receptive to the idea of handling the SEQR forms.
The distribution of the Comprehensive Plan is on hold until
the Oswego County Planning ZBA Meeting, May 16, 2002 Board has
approved it. Mr. Pratt is requesting that the ZBA Secretary
and Legal Advisor attend the committee meetings. Greg Auleta
advised he was extremely interested in attending the committee
meetings. The ZBA secretary will provide him with a list of
committee meeting dates when they become available. Mr. Auleta
also suggested the committee for subcommittees to increase productivity.
Mr. Pratt will present this idea at the next committee meeting.
Mr. Pratt also advised the committee stated it was not the responsibility
of the Zoning Enforcement Office to help applicants complete
the SEQR forms. The applicant is to complete these forms on
their own so that problems with conflict of interest could be
avoided. Mr. Pratt also advised members of the public are needed
for the committee and asked ZBA members to encourage people
to attend.
Third Order of Business
Open Board Member Discussion
At approximately 7:35 PM Randy Pratt opened the floor to
board member discussion. Mr. Pratt requested board members encourage
people to apply for the alternate positions available on the
ZBA and that this item be put on the agenda for discussion at
the June 20, 2002 meeting.
Greg Auleta made a formal request to the Zoning Enforcement
Officer to review the application/permit granted Mr. Spade,
as he doesn't believe selling cars is part of his permit. Brad
Livesey added that there should be a restriction on the number
of vehicles on the property as well as the property owned by
Mr. Bush. Randy Pratt asked the board if they wished to use
the board as an area to bring complaints to the attention of
the ZEO. Board members stated they did not. Mr. Pratt advised
these issued should be brought to the attention of the ZEO who
should then act upon the complaint. After several minutes of
board member discussion regarding this issue, Mr. Auleta stated
he wished to create a dialogue with Oswego Town Supervisor,
Victoria Mullen to address the issue of the lack of Zoning Enforcement.
Mr. Pratt agreed the Town is lax in enforcing the Zoning Law.
Marcella Gibson advised she could not legally drive around in
her car to "catch" people, a formal complaint must be made and
she will then investigate. Anyone who was issued a special permit
has to come back in front of the ZBA to answer to any violation
charges. Greg Auleta questioned Mrs. Gibson as to why the ZEO
can't enforce violations without a formal complaint. Mr. Pratt
advised Mrs. Gibson is responsible for enforcing the ZBA and
Planning Board rules and restrictions and that it was not the
scope of the ZBA to do so. Mr. Pratt then asked board members
if they, as members of the public, wished to make a formal complaint
to Mrs. Gibson. Mr. Pratt advised that he had spoken with legal
advisor, Kevin Caraccioli, regarding the Johnny's Dockside issue.
Mr. Pratt stated he advised Mr. Caraccioli he did not wish to
address this issue at the ZBA until Mr. DeMent had made a formal
appeal.
Greg Auleta stated he wished to, as a member of the public,
make a formal complaint to the ZEO regarding the Zoning violations
at Johnny's Dockside. Mr. Pratt advised that the rules need
to be enforced. Mr. Auleta again stated his desire to meet with
Mrs. Mullen in private to discuss these issues. Mr. Pratt stated
his desire to have the ZBA Legal Advisor present. Mr. Pratt
then asked Mrs. Gibson whether or not the deck at Johnny's Dockside
was in violation. Mrs. Gibson stated it was. Mr. Pratt asked
if any citations had been issued. Mrs. Gibson stated that she
was working with the town attorneys with regard to this issue.
Mr. Livesey asked what the last recourse was. Mr. Pratt stated
his desire for the ZEO to issue Mr. DeMent a citation. He also
asked that the ZEO support the ZBA's decisions.
Fourth Order of Business
Legal Issues
Randy Pratt stated he had spoken with Kevin Caraccioli, Legal
Advisor prior to the ZBA meeting. Mr. Caraccioli advised he
was still in the process of developing the Frequently Asked
Questions for the Town website along with the initial letter
sent to applicants advising them as to when the initial review
meeting is scheduled. Mr. Pratt asked the secretary to email
Mr. Caraccioli to get an update on the status of these two items.
Adjournment
A motion was made at approximately 8:20 PM by Greg Auleta to
adjourn the May 2002 meeting. Randy Pratt seconded the motion.
All ayes. Motion carried.
Respectfully submitted,
Shelley A. Rahn
Town of Oswego Zoning Board of Appeals Secretary |
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