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May
18, 2006
Zoning Board of Appeals Minutes
Oswego Town Hall |
Chairman:
Greg Auleta
Board Members: Robert Baker, Timothy Anderson,
Debra Jaskula, Robert Dexter
Attorney to the Board: Kevin Caraccioli
Secretary: Marjorie Best |
Call
To Order:
At approximately 7:10 PM, Greg Auleta, Chairman of the Zoning
Board of Appeals called the meeting to order.
Attendance:
Those present were:
Greg Auleta, Chairman
Timothy Anderson, Member
Debra Jaskula, Member
Robert Dexter, Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, Secretary
Absent was:
Robert Baker, Member
Acceptance of Agenda:
Tim Anderson made a motion that the May Agenda be accepted.
Deb Jaskula seconded the motion. All ayes. Motion carried.
Approval of April 27, 2006 Minutes:
Greg asked the members if they read the minutes thoroughly,
as there were several people from the public who made comments
on the Natoli application for a watch tower. Kevin stated the
only change is on Page 5, 2nd paragraph, 3rd line from the bottom
of that paragraph, it should read "Tim Anderson made a
motion to complete the short SEQR form, and it was determined
(instead of will be determined) if a full SEQR is needed. Greg
asked for a motion to approve the minutes with the one correction.
Tim Anderson made the motion, and Deb Jaskula seconded it. All
ayes. Motion carried.
Old Business:
Application #2006-02 - Robert Natoli - Area Variance:
Greg said since the application was tabled until this meeting,
he opened the meeting for discussion of the matter. Three people
attended from the public, namely: Doug Malone, Barry Pritchard,
and Randy Pritchard. Greg asked Kevin to make reference to a
letter he wrote to Wayne Newton, which Kevin quoted:
May 9, 2006
Wayne Newton,
Code Enforcement Officer
Town of Oswego
2320 County Route 7
Oswego, NY 13126
RE: ROBERT NATOLI - TOWER APPLICATION
Dear Wayne:
I have been informed by Mr. Natoli's representative, James Galvin
of MJT Contractors, Inc., that Mr. Natoli has now decided to
construct a tower forty (40) feet in height. Such a structure
would seem to meet the height requirements established in the
Town of Oswego, however, I defer to your professional judgment
in this regard.
By way of observation, if the tower is permitted in accordance
with Article IV, Section D, then it would be categorized as
an accessory use or building, provided such use is incidental
to the principal use of the property. Since the principal use
of the property is residential in nature, the height limit appears
to be thirty-five (35) feet,
Should you have any questions related to this matter, please
do not hesitate to contact me.
Sincerely,
Kevin C. Caraccioli
KCC/ALG
Cc: Gregory Auleta, Chairman, ZBA
Victoria Mullen, Town Supervisor"
Kevin asked the secretary if she had heard from Wayne, which
she said she had not. He then quoted Accessory Use from Page
2 of the Land Use Control and District Regulations
Ordinance:
"A use or building customarily incident to and located
on the same lot with another use or building"
He then went to Article IV, Section D. c on Page 9, since the
proposed tower is in an R-4 District:
"Other accessory uses and buildings, provided such uses
are incidental to the principal use".
He then went to Page 6, Height of principal buildings, including
those used pursuant to a Special Permit - R-4 - top of Page
7"
"Height of building not to exceed 35 feet".
Kevin said he had not communicated with anyone, but did have
a conversation with Mr. Galvin, and he stated they would go
with the 40 feet. Greg said we should go by the 35 foot rule,
then Mr. Galvin would have to apply for a Use Variance. Greg
said the height should include the deck on top. Kevin asked
Marge if Wayne issued a Building Permit. Marge states she has
the folder, and if he had issued it, he would have contacted
her, so obviously, it has not been issued.
Greg said in the absence of Mr. Natoli or his representative,
we need a motion to table Application #2006-02. Tim Anderson
made a motion that we table this application until we hear from
Mr. Natoli on his future plans for height requirement, and direct
the counselor to address a letter specifically to Mr. Natoli
for clarification of his intent. Deb Jaskula seconded the motion.
All ayes. Motion carried.
Kevin said when he drafts the letter to Mr. Natoli, he would
include a copy of the letter he wrote to Wayne Newton on May
9th.
New Business:
Judy Watson of the Planning Board had asked the secretary if
she would bring the Comprehensive Map to the Zoning Board Meeting,
and discussing the Zones - which zones would relate to the Comprehensive
Map. Marge spread the large Comprehensive Plan Map for the members
to go over. Greg was concerned that there are so many wide open
spaces on the map. He stated that Judy Watson, Brian Frazier
and himself had several meetings revising the zoning revisions
and definitions. Kevin said we could do an overlay for the zoning
to go over the top of the Comprehensive Plan Map.
Barry Pritchard, a Planning Board Member, was present at the
meeting because of the Natoli issue. He did help us out with
the plans for zoning. He explained we have a long ways to go.
The Comprehensive Plan is for future use, but we need zones
to go along with the Comprehensive Plan, and then definitions.
Greg asked if we are inadvertently creating a problem if we
say go ahead with this general principle of the map, or should
we make the regulations to begin with. Kevin said he liked the
idea Greg came up with of expanding the zones, and could do
an overlay to show the zones more clearly. Tim Anderson said
the concept was great.
Deb Jaskula said the people who originally made the maps in
color, then copies get made, and they get into black and white,
and liable to run into the same problem. Greg said he is sure
the County Planning Board has a color copier, and could make
enough colored maps.
Barry Pritchard mentioned that all of Route 104 could be commercial,
as there are businesses all along there.
Greg Auleta made a motion that we endorse the Town of Oswego
Comprehensive Plan proposed land use - that the residential
districts R-1 through R-4 be considered by the Zoning Board
and hopefully the Planning Board. Tim Anderson seconded the
motion. All ayes. Motion carried.
Greg said we will continue to work with the Planning Board and
the County Panning Board to get all the definitions and regulations
correct.
Greg bought up another items under New Business. He brought
up the proposed language for some of the revisions. He urged
all the members to go over these. One in particular is the difference
between a building and a structure. This needs to be clarified.
He said also, that we must fit Erosion Control into the zoning
regulations. Greg thanked Barry Pritchard of the Planning Board
for his input regarding the Comprehensive Plan and Zoning revisions.
Adjournment:
At approximately 8:00 Pm, Deb Jaskula made a motion to adjourn
the meeting. Tim Anderson seconded the motion. All ayes. Motion
carried.
Respectfully submitted,
Marjorie Best
ZBA Secretary |
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