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December
16, 2004
Zoning Board of Appeals Minutes
Oswego Town Hall |
Chairman:
Greg Mills
Board Members: Greg Auleta, Robert Baker,
Brad Livesey, Timothy Anderson
Attorney to the Board: Kevin Caraccioli |
Call
to Order:
At approximately 7:00 PM Greg Mills, Chairman of the Zoning
Board of Appeals called the meeting to order.
Attendance:
Those in attendance were:
Greg Mills, Chairman
Greg Auleta Member
Robert Baker Member
Timothy Anderson Member
Brad Livesey Member
Kevin Caraccioli Legal Advisor
Marjorie Best Secretary
Acceptance of Agenda:
Greg Auleta made a Motion to accept the Agenda. Bob Baker seconded
the Motion. All ayes. Motion carried.
Approval of November 18, 2004 Minutes:
Greg Auleta moved that the November 18, 2004 Minutes be approved.
Tim Anderson seconded the Motion. All ayes. Motion carried:
New Business:
At approximately 7:10 PM, Greg Mills stated the first application
as #2004-07, by the State University of New York at Oswego,
regarding a New Business Permit, and a Sign Permit. This is
for a Business Variance in an R-1 District. He requested that
the representative of the application step forward and state
his name, and his association with the application, the address
of the subject property, and the purpose of the application.
Jerry DeSantis stepped forward, and stated his name, and that
he is Associate Vice President of the Facilities Services at
the State University of New York at Oswego. The property is
located at 316 Washington Blvd., and the use of the building
will be for office space, and a permit for a sign to be put
up front with the name of the office. The sign will be 4 feet
by 4 feet.
Greg Auleta asked if there would be employees in the building
in direct relationship with the college. Greg said he is employed
by the college, but feels he can engage in debate, unless advised
by counsel to recluse himself. Kevin Caraccioli said Greg has
no direct involvement with the administration.
Greg Auleta asked Mr. DeSantis to describe the use of the building
and how it will be equipped. Jerry said the use of the building
would be general administrative offices. There will be a relative
amount of student traffic. The office will be open from 8:00
in the morning until 4:30 in the afternoon. It should have little
impact on the neighborhood, and the building would be unoccupied
after 4:30 PM. Greg asked what the nature of the activity would
be. Would it generate traffic that would be normal in a residential
area? Jerry said the building would be occupied by employees
of the university, and there would be occasional traffic. Greg
asked how many employees would be in the facility, and Jerry
said probably no more than 4 or 5. Greg asked about the materials
that would generate the activity, for example, via mail and
telephone. Jerry said the only traffic would be people who have
business in the office. Brad Livesey asked Jerry if he had 4
or 5 employees, where would they park. Jerry said there is a
lengthy driveway that would accommodate 4 or 5 cars. Greg asked
if people would be able to get in and out, and Jerry said they
would probably park diagonally. The driveway is in front of
the garage, and there is a doublewide section.
Greg Mills asked how long of a term would they be using this
property, and Jerry stated they would use the space during construction
period on the campus, probably from now until 2007. After that,
we have a continuing renovation program for other buildings,
which they may want to use the house until 2009, which is when
it is funded for. Bob Baker asked if the university owned the
building, and Jerry said they did not own it yet; they have
a purchase offer for the house. Kevin asked Jerry if he had
a survey. Jerry said he did not, but believes the lot is about
3/4 of an acre, and the building itself is about 2,100 square
feet.
Greg Auleta stated he would like to address the conditional
use of an R-1 District, under Article IV, Section A, and he
quoted "In an R-1 district, the following uses and uses
respectively incidental thereto shall be permitted only with
specific authorization by special permit applied for and granted
by the Board of Appeals as hereinafter provided:(a) Church,
place of worship, parish house; (b) Public Park; (c) Public
Library; (d) Public or private school having a curriculum approved
by the State of New York; (e) The office of a public official
in his place of residence." Greg asked how we would address
the issue, being that there are inadequacies in the Ordinance.
Kevin stated we would have to work with the regulations that
we have. A public school having a curriculum approved by the
State of New York. It certainly is a public school. The application
should be by Special Permit as opposed to New Business Permit.
Greg Mills said that we as a Town body sometimes have lack of
clarity and communication. He agrees when he looked at the application,
that a Special Permit should be used in an R-1 District. He
received a couple of calls saying that Mr. DeSantis was applying
for the Permit on his residence, rather than the house on Washington
Blvd. He hopes when the public expresses their concerns, we
can make a fair decision.
Greg Auleta said one of his concerns is the parking. He believes
there is room there, but without a site plan, it makes it a
little tough. He asked Jerry again what he believes the traffic
will be with the use of the building. Jerry said the facility
is directly across the street from Snigg Hall and Swetman Hall.
The office would be administrative and related to the functions
of Snigg Hall, and some of the nearly buildings. There may be
meetings at times. It would not be large groups at one time.
He does not foresee any truck traffic. From time to time there
may be service people to make repairs in the building. Brad
Livesey asked Jerry if he had to, could he increase the parking.
Jerry said they could widen the parking area. He said he could
now clarify the size of the lot. It is 110 feet by 250 feet,
and the building itself is 1,673 square feet.
Greg Auleta asked why a 4 feet by 4 feet sign should go in front
of the house. What about a sign on the building itself. Jerry
said he wants a sign identifying the office, so people can find
it. The size of the sign goes along with our sign standards.
Greg asked Jerry to check out the validity of such a large sign.
Kevin asked what would happen in 2009 after they are through
with the initial use of the building, and perhaps other offices.
Jerry said it is too far in advance, but perhaps they would
sell the house.
Greg Mills then opened the public comment session. He asked
that each one who wishes to speak, come up front, identify themselves,
and state their address.
Dave White, 54 Franklin Ave.
Dave stated there is no Business Permit stated in the Ordinance.
It requires a Special Permit. It is not air to the people out
there, to apply for a Business Permit, when it should be a Special
Permit. The other problem he had, was a public school. He said
it is not a public school He looked up the law, 68 Jurisprudence.
It states colleges are not considered public schools Education
Law 201 states it is a corporation. He said he is not a lawyer,
but he can read the law. He asked Kevin what the legal definition
of a public school is.
Kevin stated we are here for public comment, not a debate over
definitions. Secondly, all the Ordinance has to go by is the
language within the Town Ordinance. The Ordinance does not specifically
define a public school or private school. This application should
be under Special Permit, relative to a public or private school.
Dave continued to argue regarding public school and Special
Permit. Kevin stated to him, he made his point.
Joan
Butler, 50 Baylis Street
Joan stated that twice Mr. DeSantis said "probably"
that this was going to be an office. It could be "probably"
anything. Jerry DeSantis stated they would have to use it for
office space, that they would not be able to use it for any
other purpose. Greg Mills explained that if the building was
used for any other purpose that is stated in the application,
a citation could be issued.
Joan stated another issue is the traffic on that street. If
you drive up and down that street, people coming out of that
driveway will drive right out in front of you.
Todd Donahue, 55 Franklin Ave.
Todd put together a list of concerns he has. First of all, it
is a residential neighborhood, and people have large investments
in their property. If the house is used for commercial, it would
have a negative impact on the value of the houses surrounding
it. Also, as to the driveway, it is not wide enough for 4 or
5 cars. It would have to be widened, and it would not do much
for the looks of the property. If zoning is approved for this
site, what prevents other properties being approved for commercial
use in the future. He asked if this a one time deal, or would
it set a precedent for future commercial developments. Also,
what is the guarantee that the property will be maintained after
it's use. Look what happened to Fallbrook, and other properties.
After 2007 or 2009, if the house is not used for office space,
what will happen to it? Just let it run down. He asked if there
other places on campus they could temporarily use as offices.
Why in a residential neighborhood? Todd also questioned the
college being a public school. He said it is a university. People
pay to go to school there. He also questioned the 4 or 5 employees.
Would that fluctuate? You could end up putting 10 or 11 employees
in there. Jerry DeSantis said if that were to happen, they would
have to file another application with the Town. Mr. Donahue
said the driveway is an important issue. They would have delivery
trucks, UPS, and Fed-Ex. It would increase traffic.
Andrew DiBlasi, 314 Washington Blvd.
Andrew said he would be one of the most impacted, as he lives
next door to the property. He also questioned the parking and
the public school issue. He asked why this property couldn't
be a residential hall. A residential hall is not built to any
specifications as commercial. A residential hall would not take
the abuse and wear as a commercial building. As to the driveway,
a truck wouldn't be able to go up that driveway without landing
on the grass, which means they would have to install a parking
area, which would look out of place in a residential neighborhood.
Ontario Heights is a good neighborhood with nice homes, and
we would like to keep it that way.
Linda
Doty, 312 Washington Blvd.
She had a lot of concerns, but some of them were answered tonight.
There will be cars coming in and out, some of them may be college
students. She said she and her husband can look out any time,
and see cars parked illegally. She said they cannot park along
the road, and think the college has taken advantage of that.
Also, thee are students who are picked up and dropped off by
the Oswego City School District. When the cars come around that
corner, she fears for their lives. She appreciates the area,
and wants to keep it a safe area.
Joan Butler, 50 Baylis Street:
She asked if this is approved by the Board, how does it work?
Greg Mills said if we approve the application; we actually have
two, the Special Permit and the Sign Permit. We could approve
the Sign Permit, and approve the Special Permit at a later time.
If they are approved, they would then go to the Code Enforcement
Officer, after a Resolution is drawn up. It has to go to the
Code Enforcement Officer within 5 business days of the hearing.
Margaret DiBlasi, 314 Washington Blvd.
She stated she lives next door to the property in question.
On the East side, up until 5 years ago, the foundation was 5
feet from the property line. She gave 10 feet of her property,
bringing it to 15 feet. You cannot put a driveway on 15 feet
of land, and there would be no access to the back of the house.
The other side is not much better. There is room for 1 car,
and maybe 3 behind it. Everyone would have to move to get one
car out.
Bill Austin, 31 New Street
He asked the Board if this property is a Zoning change. Greg
Mills said it is not. What our function is, is a Zoning Board
of Appeals. This area is classified as residential. The applicants
go to the Code Enforcement Officer, and if he says it is not
a permitted use, then the applicant has the opportunity to appeal
that decision. It came to us, and we approve the appeal if we
see fit. Bill stated we need to do something. This is a residential
area, and the college is trying to sneak it under the definition
in the Ordinance. We need the true definition of a public school.
He said he lives on New Street, the college has a building across
the street that is in disrepair. He thinks other options should
be considered. That area is congested, and there is a 90 degree
turn in the road. There have been accidents there. The college
students do not stop for traffic. Ontario Heights would like
to keep it a residential area. We are slowly losing our residents.
Todd Donahue, 55 Franklin Ave.
He was wondering if there is a conflict of interest because
one of the members of the Board works at the college. Kevin
stated that Mr. Auleta does work for the university, and is
also a voting member of this Board. It is determined that he
has no direct involvement with any curriculum office, so it
would not be a conflict of interest.
Andrew DiBlasi, 314 Washington Blvd.
He said so much has been said about the inadequate definitions,
that the application should not be passed.
Bob Vaughn, 178 Swift St.
His concerned is that the traffic is so bad in the area. The
office should be put somewhere other than a residential area.
Jim Finn, 161 Swift Street
He said he bought his property 12 years ago, to be in a residential
area. He prefers the neighborhood to stay as it is. He doesn't
want any changes that would take the families out of the neighborhood.
Two letters were sent to the Board in opposition. One was written
by Mario Rabozzi of 18 Baylis Street, and the other was written
by Daniel Tice of 160 Swift Street. Greg Mills read both letters
to the Board and the public.
Greg Mills closed the public session at approximately 8:45 PM.
At this point the Board can make a Motion on Application #2004-07,
Jerry DeSantis on behalf of SUNY Oswego. Greg Auleta said there
are two ways we can proceed. First, that the application before
us is flawed. The other would be to offer a motion that the
application be defeated. I would like counsel to review the
definition of a public school. Another alternative is for the
Board to accept the application as is.
Jerry DeSantis stated he went to the Town, and went through
the process as directed. He said they are licensed under the
State of New York, and their curriculum is approved by the State.
He said he provided all documentation. There was nothing in
the Ordinance that requires us to address the issue of parking,
or how wide the driveway is. He said they aren't asking for
permission to create a parking lot. If it is inconvenient to
put cars in a row in that driveway, they can make arrangements
for them to park at another location on campus. The property
is across the road from two of the largest buildings on campus.
There are parking facilities there, and it would be a very short
walk for employees and visitors. He asked the Board to consider
that they have complied with every request of documentation.
To extend this for another month would be an undue burden to
them.
Greg Auleta stated that the college acted in good faith with
the conditions they were given. The issue of the parking, it
is legitimate for us to ask "Were are you going to park"
Brad Livesey asked Mr. DeSantis if he had any other alternatives
to put the office. Mr. DeSantis did say he had a couple of more
options, but this one on Washington Blvd. is his first priority.
Greg Mills said he would like a motion to either table the matter,
or vote on the application tonight. Kevin Caraccioli said to
make a motion to consider the application. The motion should
be affirmative to consider approving the Zoning Application
as submitted. Greg said we would have two motions. The first
one would be the Business Permit, and the second for the sign
would be mute, if the first one was not passed.
Tim Anderson made a motion that we accept the application by
the State College based on the documents we have. Greg Mills
seconded the motion. The vote was all nays. Motion Denied.
Jerry DeSantis thanked both the Board and the public for their
time.
Application #2004-08 - Richard Mulcahey, Jr.
- Area Variance
At approximately 9:00 PM, Greg Mills brought up the matter of
Richard Mulcahey's Application #2004-08. He asked Richard to
state his name, address and the purpose of the application.
Richard stated his name, his address as 1609 Rathburn Road,
and the purpose is to put an addition on the back of his house.
He is asking for an Area Variance as he is 4 feet over setback.
Greg asked if there were any questions from the Board. Bob Baker
asked what would be included in the addition. Richard said he
planned on adding a bathroom, laundry room, and extending his
kitchen. He said he is tearing down the back of the house, and
adding the new addition. Greg said if you look what exists now,
34.08 feet is the measurement from the corner of the house,
and now is changing it to 26.08 feet, so you are encumbering
on the left by an additional 8 feet. Richard stated that is
correct.
Tim Anderson asked if he was going to have a contractor build
the addition, and Richard said for the areas he cannot do, he
would have a contractor.
The Board Members were impressed by Richard's application. Greg
Mills stated for the record, that the Board appreciates Richard
following the guidelines.
Greg Auleta moved that we approved the Application #2004-08,
the approval of the side yard set back of 3.92 feet. Brad Livesey
seconded the motion. All ayes. Motion carried.
Old
Business:
Greg Mills said issues need to be addressed as to the Coastal
Erosion, as well as the Comprehensive Plan Map and Definitions,
especially the definition of Rural Transitional. Kevin Caraccioli
stated we must work on the Zoning Ordinance. He said we have
done everything appropriately with what we have to work with.
All someone would have to do is bring an action in Court to
have the Zoning Ordinance declared null and void. Greg Auleta
also stated we don't have a Parking Ordinance.
Public Comment:
No public present
Open Board Discussion:
Open Board Discussion was covered under Old Business
Adjournment:
At approximately 9:30 PM, Tim Anderson made a motion to adjourn
the meeting. Brad Livesey seconded the motion. All ayes. Motion
carried.
Respectfully submitted,
Marjorie Best,
ZBA Secretary |
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