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July
19, 2007
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 7:00 PM, Chairman Greg Auleta of the Zoning
Board of Appeals called the meeting to order.
Attendance:
Those in attendance were:
Greg Auleta, Chairman
Robert Baker, Member
Timothy Anderson, Member
Debra Jaskula, Member
Robert Dexter, Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, Secretary
Acceptance of Agenda:
Greg asked if there were any questions regarding the Agenda.
There being none, Greg stated the Agenda should be accepted
Approval of June 21, 2007 Minutes:
There being no comments or corrections, Deb Jaskula made a Motion
that the June 21, 2007 Minutes be approved. Bob Baker seconded
the Motion. All ayes. Motion carried.
Greg said by way of public announcement, the next meeting of
the Zoning Board of Appeals will be Thursday, August 23rd, at
7:00 PM, not August 16th as our monthly schedule announced.
We will post it in the Town Hall, and notify any other venues
that are necessary.
New Business:
Application #2007-07 - Derek & Jodie Osmun - Area Variance
- Public Hearing -
7:10 PM:
This hearing was scheduled at 7:10 PM. It is important that
we follow that announced time schedule, therefore, we will have
to wait until 7:10 PM.
7:10 PM - Derek and Jodie Osmun are requesting an area variance.
Greg asked them to step forward and state what they are proposing.
The Osmun's introduced themselves. Derek explained they are
requesting a variance to build a 30 foot by 30 foot attached
garage. They need a variance for County Route 20, and on Sabin
Road. Greg said they don't meet the set-back requirements. Greg
said he was not able to determine the exact square footage that
was required based on the materials submitted. Not by the Osmun's,
but by our offices. Counselor, could you clarify that? Kevin
said it would be a front yard variance of 8í3î,
and a North side yard variance of 26í9î. In the
R-4 District, the front yard is a 50 foot set back, and the
side yard is 30 foot. Our ordnance doesn't specify when there
is a corner lot, which this one is. Greg asked if we are considering
the Sabin Road to be the front yard. Derek said County Route
20 is the front yard. Greg asked for questions from the Board.
Deb asked just how far from the road is this garage? Jody thinks
there is about 12 feet. Derek said it was a lot more than that.
Deb asked if the right of way is the center of the road, or
the edge of the road, and Jodie said it is the center of the
road. Derek said they have it lined off where the edge of the
garage is going to be. Deb said, so the front you obviously
have 41 feet. Derek said he believes the issue is on the side.
Greg asked who measured, and Jodie said the Code Enforcement
Officer. Tim said he is coming 25 feet from the center of the
road probably. Bob asked who wrote the 26í9î, and
Jodie said Wayne Newton. Bob said that means it is 4 foot from
the property line? Deb said that is exactly what she is seeing.
Kevin said the right-of-way extends into your property, and
he thinks that is where Wayne is coming up with that. Bob Baker
said he doesn't think the CEO filled out the paperwork right.
Greg said we need the change the format in the Zoning Regulations.
Greg said he suggests that the Board consider the measurement
to be the first 25 feet from the center line of Sabin Rd., what
appears to be the edge of the property on the Sabin Road side.
He said he doesn't see how it could be 26í9î. Deb
said we don't know as we don't have that measurement - that
is the problem. Greg said he hates to put the Osmun's through
this, but could they go back and measure the property lines.
It is no fault of the Osmun's, it is the fault of he CEO. He
expressed his appreciation to the Osmun's for going back home
to measure.
The next item on the Agenda:
Application #2007-02 - United Group - Oswego College Suites
- Area Variance:
Greg said he has a couple of announcements to report. On June
29th, the Oswego Town Planning Board, in a letter addressed
to Mr. Boyer, the Chair, from Barton & Loguidice. They sent
a 5 page letter outlining a number of items Barton & Loguidice
feel, the Town of Oswego Planning Board, and by implication
the Town Zoning Board ought to be in a position to have specific
information for the SEQR application. There are a series of
items under Wetlands; Historic and cultural Resources; Threatened
and Endangered Species; Traffic; Erosion and Sediment Control;
Stormwater Management; and Visual Assessment.
Greg said he believes Kevin has a letter from Mr. Boyer to the
United Group. It is a cover letter written July 18 to Mr. Condino's
letter to Mr. Boyer. Mr. Condino is the Project Manager for
this particular project. Barton & Loguidice has been retained
by the Town to represent its interests with respect to the environmental
issues. There were some gaps that require additional input.
He asked the developer to review and address those issues that
are still outstanding. After the SEQR is deemed complete, there
still has to be a determination as to whether there is a negative
declaration or positive declaration. Based on that determination,
then the application and all the materials will be submitted
to the County Planning Board for a 239 Review Process. The Zoning
Board and Planning Board will have to wait for a determination
by the County Planning Board before final determination can
be made on this. So we are still a ways away from a final determination.
Greg said for the record, regarding this particular application,
the Board is in receipt of a letter from Jeffrey and Theresa
Botting, who wrote to give their positive opinion. They said
they have visited the Albany area developed by the United Group,
and have toured four different times, with the conclusion it
is the safest and most respectable housing option for students
and neighbors alike. Greg said we continue to collect information
and information from various people in favor of the project.
Here is another letter from Dr. Douglas Jones, who is highly
supportive of the application submitted by United Group. He
refers to a complex like this next to Towson University in Baltimore
where his son went to school. Dr. Jones quotes that the project
could be very similar. Greg said to get back to the point he
was making before Debra called this letter to our attention,
we are not cutting off the influx of any kind of information
and expressions of opinion, or concerns by the residents of
the Town. We have listened considerably to non-residents of
the Town. Greg asked if there are any other items under the
circumstances that the Board would like to express. Bob Dexter
asked if we got any clarification from Wayne as to height? Kevin
said he sent a letter to Wayne in June asking that very same
question, and he has not heard from him. Greg said we would
seek clarification. Greg explained as to public comment, we
will do that as soon as the Osmun's come back so we can conclude
their matter.
The Osmun's returned with the correct measurements, and asked
them to give them to Kevin. Derek said from the edge of the
garage to the edge of the road is 41 feet. Then there is another
11 feet to the center of the road. So the measurement would
be actually 52 feet to the center of the road. Kevin said we
have a front yard and a side yard variance. Bob said 26í9î
is apparently what was measured for the side of the garage to
the property line. Greg asked if there were any more questions
of the applicant. Kevin asked where they would access from the
garage. Jodie said it would be from County Rte. 20.
Greg said at this point for the record, we are in receipt of
a letter from Martin Weiss, Associate Planner for the County
Department of Community Development, Tourism and Planning dated
July 11 to Marjorie Best, the Secretary of the Zoning Board,
and quotes "The Oswego County Department of Planning staff
have reviewed the submittal and the Director of Community Development,
Tourism and Planning based on information submitted with this
referral has determined that no significant county impact is
involved; therefore, this should be decided as a local issue".
We are also in receipt of a distribution form with 38 signatures
who have been notified of the public hearing. He asked if anyone
from the audience wishes to raise concerns regarding this application,
No one from the public has come forward regarding this. We are
at this point ready to receive a motion regarding this application.
Bob Baker made a motion on Application #2007-07, we wish to
grant a variance of the side lot of 3 feet 3 inches, and the
front lot of 8 feet 3 inches. For the record, Greg asked the
Board to consider the 6 questions related to area variances-
Will this be detrimental to health, safety an general welfare?
- Whether benefit can be achieved by other means feasible to
applicant? Undesirable change in neighborhood character or to
nearly properties? Whether request is substantial? Whether request
will have adverse physical or environmental effects? And Whether
alleged difficulty is self-created. The CEO indicated No to
all of these. Deb Jaskula seconded the motion. All ayes. Motion
carried.
Public Comment:
Robert Vaughn:
He asked if the traffic study been done on United Group's project?
Kevin said the traffic study was completed in June. There is
a need to firm up that traffic study. Bob's concern was that
the study was done while college was not in session. Kevin said
that is a valid point, and the Town has recognized that. Bob
then asked about the Ontario Heights Sewer System, which was
basically designed for about 100 families. This will be about
triple the volume. Kevin said as he understands, the developers
are in negotiations with the City of Oswego on the capacity.
Kevin said they may go down Washington Blvd.
Aaron Reiss:
He once again stated he opposes the project.
Michael Fox:
Michael said he doesn't understand all that is going on, as
he hasn't been at all the meetings. He thinks $800,000 for a
fire truck is ridiculous. We are talking about sewers - well
the college will take it over in 6 years. He said he worked
at the college for many years, and it has been very good to
the community. The place where they want to build this project
doesn't make any sense. If they wanted to build a small unit,
that would be different. There is a ton of property around the
college where they could build. We are all concerned about the
traffic. The traffic is horrendous around Baylis, Swift, Franklin
and New Streets. He said he has seen car accidents where there
have been 17 cars piled up on that corner. There are a lot of
other places we could put this project.
Open Board Discussion:
Greg wanted to remind the Board again that August's meeting
will be the 23rd, not the 16th at the regularly scheduled time.
Adjournment:
Tim Anderson made a motion that the meeting be adjourned at
8:00 PM. Deb Jaskula seconded the Motion. All ayes. Motion carried.
Respectfully submitted,
Marjorie Best,
ZBA Secretary |
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