November 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.
Board Meeting for November 15, 2004 was called to order by Judy Watson at
approximately 6:00 PM.
Those in attendance were:
Approval of October 18, 2004 Minutes:
Barry Pritchard had a question on the Minutes. In the first sentence under Comprehensive Plan - "Judy Watson stated the Comprehensive Plan itself was approved back in 2000 by the Town Board". Barry said at the time, it was brought up, but there was no motion to be seconded or passed. Judy stated we should strike out that sentence. John Pritchard made a Motion to approve the minutes with the correction. Lee Phillips seconded the Motion. All ayes. Motion carried.
Application #2003-01 - VIP Structures - Amendment To Site Plan:
Jeff Wallace, General Manager of Empire Fresh Cuts attended the meeting as requested to amend the Site Plan regarding the date for the oil and stone, which we talked about at the last meeting. Jeff stated a letter was sent to the Board, proposing to put calcium chloride down in lieu of the oil and stone and back date it. He also said they would put calcium chloride on the entire parking area including Oswego Growers and Shippers and Empire Fresh Cuts, as well as the road. That has been done. Fran Dellamano asked if it was environmentally safe, and Jeff stated it is, as he checked it out with an Engineer, Mr. Spillman. John Pritchard stated Mr. Spillman is a septic waste engineer.
John Pritchard stated he sent a demand in his own handwriting, along with the neighbors to install the oil and stone driveway on the South side from the road 490 feet, which was mandated per the Site Plan, and that they are in violation of its commitment to the Town of Oswego, the Town Planning Board, and the neighbors.
John Pritchard at this point became very heated, both as a Planning Board Member and a property owner near Empire Fresh Cuts. He expressed his views regarding eating dust, and dust flying into his swimming pool. He said the road is supposed to be covered with oil and stone, not calcium chloride. Jeff Wallace took offence to John Pritchard yelling, and almost left the meeting. Barry Pritchard calmed John down.
Jeff Wallace said he sent two letters to the Planning Board explaining the situation. First of all, he said Empire Fresh Cuts has always intended to blacktop as part of the plan. They want the area to look as nice as possible as soon as possible. Blacktopping and landscaping is part of the plan, and it will be done. He explained they had planned on doing it this year, but unbeknown to them, they did not expect four hurricanes to hit Florida. They had a $230,000 contract with Mansini Packaging Company, and with the hurricanes hitting, it literally knocked the legs from under them, being a start up company. They had to put 22 projects on hold. The oil and stone was on the Site Plan, and when they realized they could not afford to do it at the time, they wrote the letter. It is not anything they wanted to do intentionally. They did not want to create any unrest. They had already put landscaping, trees and a fence, and proceeded as they could with date deadlines. They certainly do not want to disappoint anyone on the Board for not completing the project. Jeff said he is General Manager, and has to represent the owners. They said they are going to be fine, and are looking forward to getting the project done, especially on the outside as they want a nice appearance. It will benefit the community with a nice appearing building. They researched the calcium chloride, and did the entire property, which would squelch any dust issues. He wants to thank the Board for going along with a reasonable request. Fran Dellamano asked if next year they are going to put the tar on the 490 feet, and Jeff said if they can afford it, they will do the whole parking area.
Barry Pritchard said he did not know if we could change the original Agreement. Steve Greene said it is an Amendment to the Agreement. Barry noted that the date is amended, and asked if we could amend the whole Agreement.
Fran Dellamano thought we had agreed at the last meeting on the changes, and Judy Watson stated we did not vote on it. She suggested we sign this part of the Agreement tonight, as to the back date, and do a separate Amendment to be signed at the next meeting. Fran Dellamano stated he does not feel we should sign the Amendment. He said Empire Fresh Cuts changed the date, we did not. We already have an agreement of 490 feet. He then passed the question on to Steve Greene, who said it could go back to Code Enforcement.
Fran Dellamano stated to Jeff that we worked with Empire Fresh Cuts, and helped them out all through this thing regarding the wall, fence and trees. He said after all we have done for Empire Fresh Cuts, they now give us the business about the tar. Jeff said they have a right to make a request. It is the way things happened that they could not meet the deadlines.
Steve Greene said Empire Fresh Cuts could consider a Performance Bond. Fran Dellamano feels that Empire Fresh Cuts does intend to eventually complete the project. Why not leave it the way it is, and not have an Agreement. Barry Pritchard said we sent it back to Code Enforcement two months ago. What more can Code Enforcement do?
Judy Watson tried ending the discussion "Do you want to amend it, or what do you want to do? Fran Dellamano made a motion that we table this matter until next month. John Pritchard seconded the motion. All ayes. Motion carried.
Jeff Wallace said he would wait and see just what the Board wants, whatever paper work is necessary Fran Dellamano suggested that Empire Fresh Cuts come up with something to entice the Board to sign.
Jeff said he wanted us to know, what we may or may not believe, that calcium chloride is a very reliable alternative. He will go back to Jim and Sam Zappala, and tell them what transpired tonight, and have some discussion. He showed the members what they paid to put calcium chloride on the whole area. He said he had worked with everyone in a very positive way to keep the neighbors happy. They did everything that Frank Slattery requested, and asked Frank to walk the property with him to make sure the fence and trees were in compliance with what he wanted.
A discussion came up if this matter went to Court. Fran Dellamano stated he does not think it would ever go to Court. He felt that Empire Fresh Cuts is trying to do what is right. Barry Pritchard said if Code Enforcement does not look at a Site Plan, or issue a Building Permit, how can they enforce something that they did not even consider to start with?
Ken Kern said this whole matter was the consideration of oil and stone. We must be specific. We never agreed on calcium chloride. At this point they still have not gone by the original agreement. Judy Watson said according to our Minutes, we agreed on this issue, but did not vote on it. She is a little leery of doing something that we have not voted on. She stated as Ken said, we should be more specific as to what we are asking. Fran said between now and next month, he feels they will come back with something, as they know they are not in compliance. We need some leverage. Fran suggested we write a letter to the Zappala's as well as Jeff Wallace requesting their presence at the next meeting. We want to get this oil and stone thing straightened out, with extension of time, and what proposal they come up with as to the dust issue. Judy said we should be more specific and state their presence is required, unless they have complied with the original Site Plan. Fran Dellamano made the motion, and John Pritchard seconded it. All Ayes. Motion carried.
Judy Watson stated that last week, she received a phone call from John Bush regarding property on the corner of Route 104 and West Lake Road. He wants to purchase the property to do some mechanical work and sell cars, and it is not zoned for a business. It is zoned R-2. There was discussion about a house behind it in the woods, and the driveway coming out onto Route 104. It could be dangerous with traffic moving in and out onto Route 104. Perhaps a driveway could be made to go out onto West Lake Road. Lee Phillips stated it is also dangerous going out onto West Lake Road. Steve Greene stated it would be a zoning issue as to changing from R-2 to Business. There was discussion as to when Zoning came into effect which was in 1974. Fran said we could make a recommendation that the property be re-zoned. Judy stated a letter should be written to John Bush, and invite him to the next meeting on December 20th, and find out what he proposes to do.
The next order of business was the map which was approved at the Public Hearing. The map was spread out on the table, and the members pointed out various areas, and overlays. Judy said as to re-zoning, there will have to be another committee to address it. Again, we would be negotiating with Brian Frazier of the County Planning Board.
Open Board Discussion:
Judy asked if there was anything else to be discussed. John Pritchard apologized to the Board for losing his temper regarding the Empire Fresh Cuts matter.
At approximately 8:30, John Pritchard moved to adjourn the meeting. Ken Kern seconded the motion. All ayes. Motion carried.