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March
18, 2004
Zoning Board of Appeals Minutes
Oswego Town Hall |
Chairman:
Greg Mills
Board Members: Greg Auleta, Timothy Anderson,
Robert Baker, Brad Livesey
Attorney to the Board: Kevin Caraccioli |
Call
to Order:
Greg Mills, Chairman called the meeting to order at
approximately 7:07 PM on March 18, 2004.
Attendance:
Those in attendance were:
Greg Mills ZBA Chairman
Robert Baker ZBA Member
Greg Auleta ZBA Member
Brad Livesey ZBA Member
Kevin Caraccioli Legal Advisor
Marjorie Best ZBA Secretary
Those absent were:
Timothy Anderson ZBA Member (Excused)
Greg Mills stated he would like to make a change in the order
of the agenda. He would like to have the approval of the minutes
as the next order of business under Old Business, after attendance.
Robert Baker made a motion that we approve the Minutes of February
12, 2004. Greg Auleta seconded the Motion. All ayes. Motion
carried.
Old Business:
There was no old business.
New Business:
Application #2004-01:
Greg Mills called the Public Hearing at approximately
7:15 PM on Application #2004-01, Richard Yule being the applicant.
Greg asked Mr. Yule to state his name, residence address, the
address on the application, and the reason for his presence.
Mr. Yule stated he is Richard L. Yule, Jr., and resides at 59
Regan Drive, Oswego, New York. He stated he didnít have
an address for the lot, but it is Lot 17 on Route 104 West.
His purpose is to get an Area Variance, and eventually a Building
Permit to put a pole barn up to store his trucks, trailers,
and lawn mowing equipment.
Greg Mills stated for the record there is enclosed, a Legal
Notice stating the intentions of the applicant, the notice being
dated March 11, 2004, which was published in the Palladium Times.
There is also a letter addressed to the neighbors of the adjoining
property addressing the request. He asked Mr. Yule if he walked
the letter to the neighbors, which Mr. Yule stated he did. The
neighbors all signed and dated the Distribution Form on March
2, 2004.
Greg Mills opened discussion relative to the Variance. The Town
Zoning requires 200 feet frontage for a non-resident building
to be constructed within the Town of Oswego. There is 150 foot
frontage, and there is a map enclosed detailing the layout of
the property and how the building will rest on the property.
He stated the side set backs are not within zoning, and thinks
it is 60 feet.
Kevin Caraccioli quoted for the record, that since the property
is in an R-4 District, based on the Land Use Control and District
Regulations Ordinance, Article III, Section A, Sub Section 2,
that the building shall be so located as to allow the following
minimum sizes of yards in feet, measured from such building
to the nearest abutting lot line or nearest highway right of
way, in an R-4 Residential District. For a Non-Residential Use,
the front yard shows a 50 feet requirement, each side yard is
50 feet, and the rear 50 feet. Kevin was concerned if the Ordinance
he had in hand, was the one the Zoning Board still operates
under. Greg Mills was under the assumption that the Code Enforcent
Officer is working from the most recent document.
Richard Yule stated the copy of the Ordinance he has was updated
August 11, 2003. Kevin said the document he has, under Local
Law 19 was updated November, 1981.
Greg Auleta questioned Mr. Yule regarding the driveway, and
turn around, and the size of his equipment. Mr. Yule stated
the apron is going to be 24 feet. His plan is also to fill in
the ditch by the road. Kevin Caraccioli pointed out that the
denial of the application is based on the road frontage issue.
Greg Mills closed the public session and asked for a Motion
to approve the application.
Greg Auleta entertained a Motion at approximately 7:40 PM that
we approve Application #2004-01 of Richard Yule for an Area
Variance. He moved that the frontage requirement of 200 feet,
that we accept the Variance of 150 feet. In additioon, we approve
a variance on both sides of the building - the projected map
shows 51.23 feet on both sides, and it is short by 8.77 feet,
the Variance is for both sides of the set back. Brad Livesey
seconded the motion.
Greg Mills asked if there was any discussion. He asked Mr. Yule
about height restrictions of the building. Mr. Yule explained
the pitch was 4-12 for the peak. It will have 14 goot ceilings,
so the trusses should be about 6 feet tall. The building will
be 18 feet high.
Kevin Caraccioli modified the Motion, stating that there is
a 50 foot road frontage, and 8.77 feet side yard set back for
each side. In the event the Town Zoning Ordinance currently
in effect conflicts with the old Land Use Control and District
Regulations Ordinance effective February 15, 1974, and updated
November 12, 1981.
Greg Auleta moved for the modified versioon of the motion. It
had already been seconded by Brad Livesay. All ayes. Motion
carried.
Public Comment:
Richard Yule asked if he could do some site prep work without
the Building Permit in hand. Keven told Mr. Yule he could do
prep work, but not actually starting a foundation or building.
No other public comment.
Open Board Discussion:
Greg Mills had a couple of concerns about the Zoning Board and
Planning Board, as well as the Town Boaard, coming to an agreement
that would help us all resolve issues. We should all have the
most recent updated Zoning Law, and Land Use Control and District
Regulations Ordinance.
Kevin Caraccioli stated he plans to get together with the Attorney
for the Town Board, Steve Greene, Sr.; and the Planning Board
Attorney, Steve Greene, Jr. to determine which laws are in effect.
We should also meet with Theresa Cooper, who is the official
keeper of records.
Brad Livesey stated he would like to get a couple of projects
going, but there is so much confusion with maps and zoning,
that he really hasnít pursued anything to date.
Greg Mills said he is interested in foreseeing everything getting
straightened out, as we want to be positive about people coming
here to do business in a businesslike fashion.
Greg Mills brought up the subject as to scheduling public hearings.
Kevin Caraccioli suggested if we have several public hearings,
that we schedule them at 10 minute intervals, and not schedule
them 20 minutes to half an hour apart, because if one of the
applicants doesnít show, weíd be sitting around
waiting for the next group to come in.
No other discussion or comments.
Adjournment:
At approximately 8:25 PM, Greg Auleta made a motion to adjourn
the meeting. Bob Baker seconded the motion. All ayes. Motion
carried.
Respectfully Submitted,
Marjorie Best,
ZBA Secretary |
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