May 17, 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.
Board Meeting for May 17, 2004 was called to order by Judy Sabin-Watson
at approximately 7:00 PM
Those in attendance were:
Approval of April 19, 2004 Minutes:
Fran Dellamano stated he had some corrections to the April Minutes. On the second page, third paragraph, it states Oswego Shippers and Growers - it should read Oswego Growers and Shippers. On the fifth page, under Comprehensive Plan - second sentence, instead of "we would have a Public Hearing", it should read "the Town Board would have a Public Hearing". Also on the fifth page, under Public Comment, second paragraph, second sentence, it states "There are a lot of junk cars around". Fran stated he didn't think he said junk cars. The minutes should read "There is a lot of junk around". Ken Kern made a motion that e approve the Minutes with amendments. John Pritchard seconded the motion. All ayes. Motion carried.
Judy Sabin-Watson read a letter that was sent to the Town Board regarding clean-up. The letter referred to not only junk cars, but debris.
Application #2003-01 - VIP Structures:
At approximately 7:15 PM, Judy Watson opened discussion of Empire Fresh Cuts, LLC, and VIP Structures. Jeff Wallace was in attendance for Empire Fresh Cuts, LLC, as well as neighbors, Frank and Michaelene Slattery.
Judy Watson stated the fence is up, and asked about the trees. Jeff Wallace said they got in touch with three landscapers, and they felt comfortable with Ontario Orchards to put in blue spruce trees, as well as top soil and mulching. He stated he is researching an option of seeding, which is separate from the trees. He said that would have to be done first before the trees are planted. John Pritchard asked when this would be done, and Jeff said the plan is by the end of June.
John Pritchard next brought up that he had talked to the Town Clerk this morning. Sam Zappala had insisted that there were some "as built" drawings, the way it was built besides what was presented to the Planning Board. (Several drawings were laid out on the table for viewing which had been revised). Jeff Wallace had the plans that were submitted and approved for construction on 9-30-03, which indicate all the questionable installs including the two exhaust fans on the side of the building. John Pritchard stated the fans were not presented to the Board. Jeff Wallace said we need to speak with VIP Structures, as they are responsible. John Pritchard said we had the original meeting on May 21, 2003, in which Jeff presented that drawing (pointing to it), and on September 30th, it was released for construction. He said at the last meeting, we had one drawing, and now we have this one (pointing to it). The plan should be amended. Now we have these fans running. It is not right. These Plans seem to be in violation.
Fran Dellamano raised the question "We have before the Planning Board, a Site Plan Review. Actually, interior structure doesn't interfere with Site Plan Review. How does this come into Site Plan Review? Do we have to have everything in the building on the plan, or do we just do Site Plan Review, and the Building Inspector does the rest?"
Steve Greene quoted from the Land Use Control And District Regulations Ordinance of the Town of Oswego, New York, under Section F(a), Site Plans, Page 15 - "Site Plans shall include, subject to the regulations of the Planning Board, as elements thereof, provisions for the parking of motor vehicles, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, impact of the proposed use on adjacent land uses, and such other elements as may be established by regulation of the Planning Board, being reasonably related to the health, safety and general welfare of the community". Fran Dellamano asked if that would include the fans.
Frank Slattery stated that had they known about the fans, it would have been okay, but they didn't know about them. Fran Dellamano stated "We must understand, this is part of Zoning and Planning. You are in an R-4, which is a mixture of business and residential. Because there are businesses in the area, there will be noise with trucks. Everything is not going to be perfect in an area where there are businesses on 104. You have to understand the other side too. You are in kind of a bad area if you want it totally residential".
Michaelene Slattery stated her point is if we had known about the fans before the structure was built, then maybe something could have been done about the building being built differently, so the fans would not be directed at her house. Unless they are going to make changes, there is nothing that can be done about it. She said when they are standing outside, it is like standing next to an air conditioning unit. Jeff Wallace said the exhaust fans had not been turned on, except for the two days they were on by mistake. Frank Slattery said they were on Sunday at 5:00 o'clock in the morning. Jeff Wallace told Frank if he hears them, he needs to call him. Maybe the cleaning men are leaving them on. He said as far as odor, there is no odor. If they do smell odor, Slattery's need to call them, and they will check it out. Frank said when he mows his lawn, and gets near that area, it stinks.
Ken Kern mentioned that every revision should come before the Planning Board. John Pritchard said if someone complains, then they go ahead and build it anyway. It is not the Planning Board's fault, or the contractor's fault. It seems this should go to the Code Enforcement Officer, Gary Coats. We can see how much has changed with the plan.
Lee Phillips stated we have been trying to mediate an agreement among the parties, and somehow, we ended up the enforcers, and that is not our job. When revisions are done, it is supposed to be out of our hands.
Michaelene Slattery then asked who they would go to. The fans are there and they are loud. She asked what people would do in the future. The plan the Planning Board approved is not the same plan, as the building that now stands. Ken Kern said we have to approve the plans per say, and the Code Enforcement Officer signs off. Fran Dellamano said as far as noise, the Town does not have a Noise Ordinance.
Ken Kern stated there were significant Site Plan changes. We were asked for a Site Plan Revision with the wall on the site to satisfy the problem there. Fran Dellamano stated revisions were made to help both parties out. Jeff Wallace said he also received plans through the mail, and they go into the file. Ken stated, if you look at the plan, it says 6-6-03 for Planning Board Review. Then it shows 6-18-03 for Site Plan Review. That is a requirement of the Planning Board. On 7-9-03, there was a Building Height Notice. Someone along the way questioned the building height. Then on 8-5-03, it says Owner Review, then on 8-8-03, Final Review Coordination. The question is, who is the coordinator? On 9-30-03, it says "Released For Construction". There should be a Permit that says everything is in order. That is the document that gives approval.
Jeff Wallace said the CEO was walking around the building, and came to VIP, and said there has to be an alarm system installed, which was installed immediately. That was part of the plan that would turn ownership to us. The Code Enforcement Officer made the determination right then and there. Jeff said VIP is a very professional and well respected construction company, and they have their own legal office, and would never allow this to be released unless it were approved by the proper people. Jeff said he had never dealt with a Planning Board where they approve the site work, and the building.
Fran Dellamano again brought up the subject of the fans. There are a lot of types of fans, different velocity and RPM's. His suggestion was to get an engineer to get fans in there that do not create as much noise, changing the velocity or pitch of the blade.
Michaelene Slattery again brought up that a year ago, everything was agreed to - the height of the building, and the boundary line. She said they signed off on it, and gave it to the Planning Board. All of a sudden, everything started changing. The building got taller, as well as so many other changes. We feel the Planning Board is responsible. Frank Slattery asked why every month we have to come to a meeting and waste everyone's time.
Steve Greene said that Empire Fresh Cuts has done a good job in trying to accommodate and make amends in all the issues. Jeff Wallace stated they have a building, and inside the building comprises a cooler. The only area that is not the cooler, is the storage room.
Fran Dellamano entertained a motion that the VIP Structures matter be out of the Planning Board's hands, and should be turned over to the Code Enforcement Officer. John Pritchard seconded the motion. All ayes. Motion carried.
At approximately 8:00 PM, Judy Watson presented the Comprehensive Plan Map, with definitions. She stated that if we are all set with it, we can take it to the County Planning Board and clean it up. She said she didn't understand some of the wording. Fran Dellamano said we need to get permission and money to come up with the correct definitions. The definitions we have here are a rough draft. He stated Vickie Mullen is supposed to contact Steve Greene, and allow him to work with us on the definitions. The Board also went over the color coding of the map: Blue for Flood Hazard, Green for Conservation; Pink for Business; Orange for Agricultural; Yellow for Residential; and Black for Industrial. Fran Dellamano said we could do business in the White area, and anything in the Red area. He also mentioned what can be done under Residential - one and two family homes, permitted with Site Plan Review and approval, and no mobile homes permitted. Other definitions were discussed for uses as to Agricultural, Conservation and Industry. There are also areas left "Open". Judy verified that this Plan is still a working document. Judy said she would talk to Vickie Mullen, and get permission for Steve to work with us on the definitions. Fran stated that before the next meeting the definitions should be expanded.
Public Comment: None
Open Board Discussion:
Judy Watson said there is a problem with next month's meeting. We have a conflict, as Steve can't attend, and we want his attendance. The meeting was rescheduled for June 28, 2004 at 7:00 PM.
At approximately 8:15 PM, Lee Phillips made a motion to adjourn the meeting. Barry Pritchard seconded the Motion. All ayes. Motion carried.
Secretary To Planning Board