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April
28, 2005
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 7:03 PM Greg Mills, Chairman of the Zoning
Board of Appeals called the meeting to order.
Attendance
Those in attendance were:
Greg Mills, Chairman
Robert Baker, Member
Timothy Anderson, Member
Greg Auleta, Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, Secretary
Those absent were:
Brad Livesey, Member
Acceptance of Agenda:
Greg Auleta made a motion to accept the Agenda. Bob Baker seconded
the Motion. All ayes. Motion carried.
Approval of January 20, 2005 Minutes:
Tim Anderson made a motion that the January 20, 2005 Minutes
be approved. Bob Baker seconded the Motion. All ayes. Motion
carried.
Old Business:
Because the first Public Hearing was not to start until 7:10
PM, Greg Mills shared with the members that he; Theresa Cooper,
Oswego Town Clerk; Judy Watson of the Planning Board; Brian
Frazier of the Oswego County Planning Board; and Marjorie Best,
Secretary for the Zoning and Planning Boards, met to discuss
the revamping of the Zoning Ordinance on March 24, 2005 at 4:00
PM. There were many issues discussed that must be clarified
and worded in conjunction with the Ordinances in other towns.
Brian said he would work on the changes and get back to us within
a reasonable time.
New Business:
Application #2005-03 - James E. LeFlore - Area Variance:
At approximately 7:15 PM, Greg Mills opened the Public Hearing
on Application #2005-03, James E. LeFlore. Greg asked Mr. LeFlore
to state his name, address and the purpose of the application.
James LeFlore stated his name, and that he resides at 7385 State
Rte 104, Oswego, New York. He stated his purpose for the application
was an Area Variance to build an addition to his existing garage.
The addition is to be 20 feet by 20 feet. The Zoning regulations
require a side yard set back of 20 feet, and he stated he is
6 feet short.
Greg Mills pointed out the Summary Appraisal by Pathfinder Bank
on February 16, 2001, and questioned where the addition would
be placed. Again, James LeFlore stated it is a 20 feet by 20
feet addition added to his existing garage. He stated he thought
he could get away with putting a slab in, but found out he needs
to put footers in to make a strong foundation. He also mentioned
a tarvia drive, and Kevin Caraccoili said tarvia drive means
blacktop or asphalt.
Greg Mills asked where the nearest neighborís property
is. Mr. LeFlore explained that he shares a 10 foot driveway
in common with the neighbor to the West. They also share the
plowing bills for the driveway. He stated there is a document
whereby they shared ingress and egress to the driveway. Kevin
Caraccioli asked that the document be provided to the Zoning
Board.
Bob Baker questioned various measurements on the plot plan:
56.3 feet, a 29.1 feet difference, and a set back of 10.9 feet.
He suggested giving an 11 foot Variance, rather than 10.9 feet.
Kevin Caraccioli agreed.
Greg Mills asked the members if there were any more questions
regarding the Variance. Greg Auleta made a motion that Application
#2005-03, James LeFlore, requesting a side yard Variance of
11 feet be approved, and that Mr. LeFlore provide the Zoning
Board with the document verifying the legality of the use of
the driveway. Tim Anderson seconded the motion. All ayes. Motion
carried.
Application #2005-04 - Donald J. Smith - Use Variance And New
Business Permit:
At approximately 7:45 PM, Greg Mills opened the Public Hearing
on Application
#2005-04, Donald J. Smith. Greg asked Mr. Smith to state his
name, address and purpose of his application.
Donald J. Smith stated his name and that he lives at 7185 State
Rte 104. His purpose for the application is to run a car repair
shop in his existing garage.
Bob Baker asked if it would be a private business, and what
regulations he would have to go through. Mr. Smith stated that
it is private, but would have to get a New York State license
to repair cars. He said he will have no signs. He plans to retire
from Niagara Mohawk, where he repairs vehicles, and would like
a small business in his garage. He said there would not be any
more than 2 or 3 cars. Bob Baker asked him what his premises
would look like - would there be several vehicles lined up?
Mr. Smith said it would look just like it does now. He wants
to keep his property neat, and no junk would be around.
Bob Baker asked about oil from vehicles and the environment,
and would DEC be involved. Mr. Smith said he could bring oil
to a place to be recycled or to the landfill. Bob asked how
far off the road his property extends, and Mr. Smith said 601.32
feet.
Greg Auleta was concerned that if we permitted a business in
an R-2 zone, it could create a problem with other applicants
wanting to start a business in an R-2 zone. Kevin Caraccioli
quoted from the Ordinance, the conditional uses in an R-2, such
as Church, public park, public library, public or private school,
custom home occupation, and apartment house, but there is nothing
mentioned about a car repair shop. Again Don Smith stated there
will be no signs, and he will have no employees. It will be
a one man operation.
Greg Auleta stated that perhaps this matter should be tabled
until the next meeting. Brad Livesey is absent tonight, and
hopefully he will be at Mayís meeting, and we would have
his input. He said we must carefully deal with this matter.
Kevin Caraccioli stated we have to abide by Town Law with what
we have to work with. He said a Use Variance is the most difficult
to work around. He quoted from the Ordinance, that Variances,
whereby such strict applications would result in practical difficulty
or unnecessary hardship that would deprive the owner of the
reasonable use of the land or buildings involved. If we granted
the Variance for one person, it would open up to granting it
to others.
Don Smith said he wants to do what is
right, and register with the State of New York. He was asked
about liability, and Mr. Smith said there would be a liability
issue on automotive, the same as for beer, or any other business.
Greg Mills stated we could do one of two things (1) Either approve
or deny the application, or (2) Table the matter until next
month when hopefully we will have the full Board in attendance.
Tim Anderson agreed that we should table the application until
the May meeting. Greg Auleta made a motion that Application
#2005-04, Donald Smith for a Use Variance and New Business Permit
be tabled until next month. Bob Baker seconded the motion. All
ayes. Motion carried.
Greg Mills stated we had already gone over Old Business before
the first Public Hearing.
Public Comment:
No public present.
Open Board Discussion:
Bob Baker had a question as to set backs on property lines.
Would the set backs have to be along zig zag property lines,
or more or less go along with the straight lines? It was determined
that set back would be along straight lines.
Adjournment:
At approximately 8:45 PM, Greg Auleta moved to adjourn the meeting.
Tim Anderson seconded the Motion. All ayes. Motion carried
Respectfully submitted,
Marjorie Best,
ZBA Secretary |
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