March 15, 2004
Planning Board Minutes
Oswego Town Hall
Chair: Judy Sabin-Watson
Town Board Members: Francis Dellamano, Kenneth Kern,
Lee Phillips, Barry Pritchard, John Pritchard, Robert Smith
Attorney To The Board: Stephen Greene, Jr.
The Planning Board Meeting for March 15, 2004 was called to order by Judy Sabin Watson at approximately 7:10 PM.

Those in attendance were:

Judy Sabin-Watson
Francis Dellamano
Kenneth Kern
Lee Phillips
John Pritchard
Stephen Greene, Jr
Marjorie Best
Those absent were:
Alternate Member
Barry Pritchard
Robert Smith
Old Business:

Application #2003-01 - VIP Structures

Jeff Wallace of Empire Fresh Cuts, LLC, as well as neighbors Frank and Michaelene Slattery attended the meeting, with an Amended Site Plan for the fence and shrubbery between their properties. Jeff Wallace read the Agreement between Empire Fresh Cuts and Frank Slattery. Empire Fresh Cuts agrees to have a 4 foot high, all black vinyl coated chain link fence, professionally installed. It will start 31 feet from the east side white line of Route 104 and extend 280 feet eastward along the top edge area of the block wall. The fence will be set approximately 2 feet south of the wall. They agreed to have 28 white spruce pine trees professionally installed. The trees will be approximately 5 feet tall, spaced 10 feet apart along the new fence line. Tree line will start 31 feet from the eastside white line of Route 104, heading eastward on the Slattery property. The new tree row will be approximately 10 feet south of the block wall. Empire Fresh Cuts will replace topsoil in Slatteryís yard where the property was excavated into, due to building the block wall. The area will also be graded and re-seeded for a new lawn area. The work will be completed within a timely manner as soon as weather permits in the Spring of 2004. This Agreement will waive the previous contract made between the parties on July 17th, 2003, regarding a solid set wood fence 200 feet long.

There was some discussion of the trees, as to whether they would be wrapped in burlap. Fran Dellamano asked what would happen if a tree dies. Frank Slattery indicated he had called a couple of landscape companies, and they will give a one year warranty on the trees.

John Pritchard expressed concern that if we get a lot of snow, like we did this year, with a 4 foot fence, snow might get higher than the fence, and snowmobiles looking for a trail might drive right over the top of it, and into the drop off. He asked who would be responsible if someone goes over it, and where is the liability.

Steve Greene stated if someone sues, that potential liability could go to the Frank Slattery, Empire Fresh Cuts, as well as the Town of Oswego for approving the Site Plan. Fran Dellamano made a suggestion to erect high poles as markers, so snowmobiles would know a fence is there.

John Pritchard stated that according to last months minutes, the fence would be graduated from 8 feet, then 6 feet, and 4 feet near the road. Frank Slattery said it would be a chain link fence that you can see through, so it would not block anything. Frank said he would rather have a 5 foot fence rather than 4 feet, and Jeff Wallace agreed.

Fran Dellamano made a motion that we accept the proposal which was put before the Board, with the exception of a 5 foot fence rather than 4 foot. John Pritchard seconded the motion. All ayes, Motion carried.

Jeff Wallace explained the process of the plant as far as waste water is concerned. The whole waste water process has been changed. The waste water is being captured in tanks inside the building and being hauled away. It is a municipal waste water that rolls off the onions. The water is being treated with chlorine. They are going to do a speedy permit application development process, as they have nothing to actually test. The bottom line is they have to have waste water to test. The onion juice that is squished out of the onions through the dicing process will be captured inside the building, and bottled and sold to soup companies for flavor. That is not the waste water. The municipal waste water is the water that falls off the peeled onions. That is hauled off in a truck to the City of Oswego. We have a permit from the DEC. It is really harmless waste water.

Kenneth Kern asked if there was a reason why they chose the City of Oswego. Jeff Wallace said he had called the Town of Minetto to get a price, and never did get a return call. He had heard it was quite expensive, and the City of Oswego will do it for 8.5 cents.

Frank Slattery asked if there would be a smell and a lot of noise during the processing, to which Jeff Wallace said there would be no smell and minimal noise.

Fran Dellamano went back to the issue of the fence between Empire Fresh Cuts and the Slattery property. Jeff said they would amend the plan to have a 5 foot fence rather than 4 foot. The agreement will be signed by Sam and Jim Zappala, as well as Jeff Wallace and Frank Slattery, and submit it to the Board.

Comprehensive Plan:

At approximately 7:40, Fran Dellamano opened discussion regarding the Comprehensive Plan. He said he went to the Town Board and presented the map plan. There were about 10 people in attendance. It was very well received. No one seemed to see anything negative. Fran said we can not do too much with it at this meeting, as the large map was supposed to be placed on the table here, and it was not. He said we will have to work with the small map he had with him. Fran stated we need to come up with definitions. He made a suggestion to the Town Board, that perhaps Steve Greene could do it, and work with us on it. He also suggested that we have an open meeting to discuss it with the people. The Town Board and Planning Board could get together at the meeting and make any changes. We should also think about Zoning and get that approved. He contacted the Chairman of the Planning Board in Mexico, and they had hired a Professor from Pottsdam to come down. He thinks with his experience with the Comprehensive Plan, that we should hire someone other than the County Planning Board to lead us through it. We put in some white spaces which means it is Open, where anyone can put in anything they want. We do not want mobile homes, so we should put a sentence ìthat there should be no mobile homes North of 104 from the city line to the California Roadî or indicate as Open #1 or Open #2.

The subject came up as to what is classified as a mobile home, a double wide or a modular home. John Pritchard explained that there are mobile homes, trailers and modular homes that have steel structures, whether they are delivered in one section or three sections. Fran Dellamano said his theory is that we need to zone against mobile homes. We need to define a mobile home. The plan for the Mexico Ordinance has a specific definition for a mobile home. (The definition was read verbatim from the Mexico Ordinance).

New Business:

Approval of the February 16, 2004 Minutes:

At approximately 8:10 PM, Kenneth Kern made a motion that the February 16,2004 Minutes be approved. Lee Phillips seconded the motion. All ayes. Motion carried.


No applicants

Public Comment:

No Public Comment.

Open Board Discussion:

Judy Watson stated she received a phone call about two weeks ago from Gary Royce. On July 14, 2003, the Site Plan presented to the Planning Board did not meet subdivision regulations, so the application did not need to come before the Planning Board. Fran Dellamano asked her what his question was. Judy stated when they came to get a building permit, the Building Inspector told them they needed a Subdivision Plan. She tried to call him back several times, but could not reach him. She thought maybe he might show at this meeting. Judy said there were two persons involved at the time, Gary Royce and Timothy Relyea of Hyland Partners, Inc.

Ken Kern asked how many houses they planned to build; that perhaps they plan to include more lots for homes. Judy Watson said she would keep trying to get in touch with them. She just wanted the Board to be aware that he had called regarding a Building Permit.

At approximately 8:20 PM, John Pritchard brought up the issue of Empire Fresh Cuts blacktopping the road. He said he and his neighbors get sand and dirt in their pools, and Frank Slattery just put new siding on his house. They are going to have to put down some sort of oil and stone. The trucks come up through, then stop, then start up and the dirt flies. When weather permits, it will have to be done to keep the dirt and sand from going all over.


At approximately 8:25 PM, Ken Kern made a motion to adjourn the meeting. It was seconded by John Pritchard. All ayes. Motion carried.

Respectfully submitted,Marjorie Best,
Secretary to Planning Board
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