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September
30, 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 7:05 PM, Greg Mills, Chairman of the Zoning
Board of Appeals called the meeting to order.
Attendance
Those in attendance were:
Greg Mills, ZBA Chairman
Robert Baker, ZBA Member
Brad Livesey, ZBA Member
Timothy Anderson, ZBA Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, Secretary
Absent was:
Greg Auleta, ZBA Member
Acceptance of Agenda:
Brad Livesey made a motion to accept the Agenda, and Tim Anderson
seconded the motion. There was discussion as to the change in
the Agenda. The Agenda itself has not been changed, however,
the meeting date had been changed from September 16th to September
30th, because of circumstances beyond our control. With the
amendment to the Agenda, Greg Mills moved the motion to a vote.
All ayes. Motion carried.
Approval of August 19, 2004 Minutes:
Bob Baker made a motion that the August 19, 2004 Minutes be
approved. Tim Anderson seconded the Motion. All ayes. Motion
carried.
Old Business:
Application #2004-04 - R. Jacob Bump:
At approximately 7:10 PM, Greg Mills opened the matter of Application
#2004-04, R. Jacob Bump regarding the building of a deck on
his property at Driftwood Shores. Richard Greene, CEO was present
to discuss the issues of the matter. Mr. Bump was not in attendance,
as he lives in New York City. Mr. Greene tried initiating a
conference call by phone so that Mr. Bump could express his
concerns, but was unable to reach him. At the previous meeting,
Kevin Caraccioli and Richard Greene had hoped to resolve the
issues, because of an error in the Land Use and Control Ordinance,
whereby it stated on Page 6, No. 2, Building Location - it stated
"East" Side Yard, whereby it should have stated "Each"
Side Yard, which has since been corrected.
Greg Mills questioned whether the "Appeal to the Oswego
Town ZBA" was the only document submitted. Mr. Greene said
we have the application itself, along with the survey map. He
explained that at the time he reviewed the application, he was
new to this area, and accepted this as a matter of practice.
He said from now on, he only accepts a survey map. A tax map
could be accepted, if a survey is not readily available. Mr.
Greene also requires a Site or Plot Plan. He needs exact measurements,
which would be on a survey map. He does not accept just a rough
drawing.
In addition, Mr. Greene requested Mr. Bump to obtain a drawing
of the deck, listing the materials, such as one printed up from
a reputable construction company. He did look at the property
on which he started building the deck. He had not gone there
again to see if it was completed.
Another example Mr. Greene used, is someone who wants to build
a shed. Sometimes an applicant applies for a permit to build
a shed, and it turns out to be a garage, or a permit for a pole
barn could turn out to be a habitable building.
Kevin Caraccioli and Richard Greene agreed that we didn't want
to set a precedent. If we approved Mr. Bump's application, then
others would want to be approved without all the criteria. Mr.
Greene believes Mr. Bump will work with us, and is certain he
would come to a hearing if necessary. Greg Mills suggested that
one or more Board Members go the Bump property, along with Mr.
Greene, to see what has been competed, and what should be required
to bring this matter to an amicable solution.
Mr. Greene stated he is now in the office on Wednesdays and
Fridays to accommodate the issues of Zoning and Planning. He
is in the process of negotiating with the Supervisor and Town
Clerk to be in the Town Hall more hours, perhaps two 8 hour
days. He also said if there were any problems, they are welcome
to give him a call, and he would make a trip to solve the matter.
He also gave an 800 number, which is 800-852-1741. Mr. Greene
also stated he would come at night if necessary. He said he
came down Tuesday night on a matter regarding Empire Fresh Cuts.
Kevin Caraccioli also brought up the issue of Driftwood Shores
facing problems with coastal erosion, which could bring problems
in the future, in which DEC could become involved. There is
also an access and egress road in that area. Mr. Greene showed
the members a Flood Plain Map. He states when he issues a building
permit in a Flood Plain, or coastal erosion area, it is necessary
to contact the state. Driftwood Shores is on the red line of
that map. Mr. Greene said in a Flood Plain, you can not build
a house. Kevin said in this type of case, a Special Permit would
be required. Kevin and Richard have the name of a gentleman
with the DEC, by the name of Joseph Dlugolenski, who they have
both had dealings with.
Kevin Caraccioli stated we should table the matter for the next
meeting, and from there, set up a Public Hearing for a later
date, perhaps in November. Greg Mills made the Motion to table
the Bump application until the next meeting, October 21, 2004.
Bob Baker seconded the Motion. Mr. Greene stated he would meet
Greg Mills and Brad Livesey at the Town Hall, and go out to
the Bump property on Friday, October 1st. The Motion was voted
upon. All ayes, Motion carried.
New Business:
Application #2004-05 - William G. Greene, Jr.
At approximately 7:25 PM, Greg Mills brought the application
of William G. Greene, Jr. to the floor. He asked Mr. Greene
to state his name, address and the purpose of his application.
William Greene stated his name, and his address as 279 Thompson
Road, Oswego, New York, and the purpose of the application is
a permit to build a detached garage.
Greg Mills stated we have all the documents in order, including
the signed form from the neighbors showing no objection, as
well as the Public Hearing Notice which was published in the
Palladium Times. He asked the members if there were any comments
regarding the neighbors, or the structure of the building. Greg
asked Mr. Greene if there was any reason he could not go to
the South. Mr. Greene said he built a pool, and because of the
water line easement, that space is the only place he could build
the garage. He said his house and pool are on the North side
of the house. Richard Greene, CEO questioned the 5 feet, and
asked William Greene if there were woods over there (pointing
to the survey). He also asked who the neighbor was to the West,
and Bill Greene stated he owns the property to the West, so
there are only neighbors to the East, South and North.
Greg Mills asked if there were any other questions regarding
William Greene's application. Bob Baker asked if there was going
to be a second floor in the building, and Bill stated there
would be a loft. Kevin Caraccioli stated this is in an R-4 District,
and the side setback requirement is 30 feet. It is 5 feet from
the line, so it would be a 25 foot Variance.
Since there was no further discussion, Greg moved for a Motion
to approve the application. Brad Livesey made the Motion, and
Tim Anderson seconded it. All ayes. Motion carried.
Public Comment: None
Open Board Discussion:
Richard Greene, CEO stayed during the duration of the meeting,
both on Mr. Bump's and William Greene's applications. He shared
with the Board Members his guidelines and rules for the applicants,
as to what they need to produce, so that everything would run
smooth.
Greg Mills told Mr. Greene he appreciated his presence, and
how he believes he will help us run a right ship. He said we
had not been clear on our relationship with the various CEO's
in the past. He said now that he feels he can sit through a
meeting, and have the correct information to proceed. It has
been embarrassing the way we have progressed in the past, and
it had not been the applicant's fault. The applicants have gone
by the direction that they somehow received, and were very fortunate
to make decisions without any repercussions.
Although Greg Auleta was excused from the meeting, he wrote
a long e-mail expressing his views on the Bump matter. He said
we need more comprehensive and realistic regulations. Richard
Greene again stated what his plans are for every application,
to be filled out completely, with a survey, and provisions regarding
the structure to be built.
In his e-mail, Greg Auleta also questioned used cars parked
at the old Country Inn. Mr. Greene said he had already addressed
the issue. A man by the name of Dickquist, whose cars are there,
put them there with the idea that if he had a dealer's permit,
he could put them anywhere he wanted to. Mr. Dickquist said
he entered a verbal agreement with the owner, and plans on purchasing
the property. He could put the cars there for 90 days, and if
the property is not purchased within 90 days, the cars would
be out of there. Mr. Dickquist told Mr. Greene he was in the
process of condemning the building. Mr. Greene told him if he
planned on purchasing the property, to come to him with a plan.
Greg Mills said he has known Mr. Dickquist for a number of years,
and at one point, he put cars on property for sale without the
landowner's consent.
Greg Mills again thanked Richard Greene for his expertise in
these matters, and hopes he plans on continuing as our CEO,
as we have had so many different ones over the past few years.
Adjournment:
At approximately 8:45 PM, Brad Livesey 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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