October 18, 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 October 18, 2004 was called to order by Judy Watson at
approximately 6:00 PM.
Those in attendance were:
Approval of September 20, 2004 Minutes:
John Pritchard made a motion that the September 20, 2004 Minutes be approved. Barry Pritchard seconded the motion. All ayes. Motion carried.
What now has to be approved is the map. The Town Board Meeting is tonight, right after this meeting, and if anyone would like to stay to see if the map is approved, they are welcome to do so.
Judy Watson stated she had talked with Richard Greene, CEO about some issues that need to be addressed. Richard Greene was present at the meeting.
The first issue Mr. Greene addressed is the Paternoster property on Route 104 across from County Route 7, being the former Country Inn. It came to his attention several weeks ago, that John Dickquist was selling used cars on the property. One of the concerns is that the property didn't look to be in very good shape. He had told Mr. James Paternoster, owner of the property, that he would have to apply for a Business Permit. Richard did some research and found that the property, not the building was grand-fathered in as a business in a business zone. This is in accordance with a letter written by Carol Haynes in March of 1997. Richard stated he could not find in the Zone Code that a Special Use Permit is needed.
Fran Dellamano said it was the Country Inn before, and if it was grand-fathered, can we permit a different type of business. Richard said we cannot be arbitrary. He said perhaps all Business Permit Applications should be sent to the Planning Board for review. We don't want to get caught up in lawsuits. Richard said the Code should be changed stating that all Business Permits be presented to the Planning Board.
Richard Greene said what he would like to do in this case, is issue a Business Permit, and also get in touch with the Department of Transportation to get a letter or permit that would state how many vehicles are allowed to be parked, and how many feet from the edge of the highway. He said he had talked with James Paternoster, the owner of the property, and John Dickquist. Mr. Dickquist plans on purchasing the property, and tearing two of the buildings down. Richard Greene told Mr. Dickquist when he fills out the application, to list what the present and future plans are for the property. Fran Dellamano stated his application should be submitted to the Planning Board for Site Plan Review. He also suggested that the Board's Attorney, Steve Greene, Jr. should be consulted as to the legality.
The next issue Richard Greene brought up is an Order to Remedy Violations in the matter of Empire Fresh Cuts, as to the oil and stone in their driveway. Jeff Wallace had contacted Mr. Greene, through his Attorney, Green & Seifter, and said that finances were a problem at this time, as to using oil and stone. He would like to apply liquid calcium or calcium chloride to the first 490 feet of the access road by October 31, 2004, and would apply oil and stone or asphalt to the first 490 feet by July 31, 2005, and requested the Order to Remedy be stayed until July 31, 2005. He also stated he would apply liquid calcium or calcium chloride to the remaining traffic and parking areas to include the rear portions of both Empire Fresh Cuts and Oswego Growers and Shippers. Jeff Wallace had also discussed with Bruce Stillman, a Professional Engineer that oil and stone does not produce a stable surface, that it would be torn up quickly by the heavy trucks.
Judy Watson stated that the Site Plan approved was to apply oil and stone back on July 14, 2003. Fran Dellamano stated he was at Empire Fresh Cuts one day, and the dust was really rolling. Richard Greene said he has no problems using his authority as Code Enforcement Officer, but wants to make sure everything is in line with the legality. We don't want to get attorneys involved. He stated we should consult with Steve Greene.
John Pritchard suggested we change some of the dates in the proposal to apply the oil and stone. He said it has been over a year now, and here we are going into the next year. Richard Greene said he would like to accomplish the matter in a timely fashion. John was asked to put in the dates when this should be done. He set June 10, 2005 to apply the oil and stone or asphalt to the first 490 feet, and that Empire Fresh Cuts agree to oil and stone the remaining traffic and parking areas for consideration of additional time to comply. Richard again said we should talk to Steve Greene on this matter.
The final issue that Richard Greene brought up was the Coastal Erosion Hazard Areas. He stated he appeared at the latest Zoning Board Meeting, and also obtained maps and a Local Law drawn by the Town of Sterling. He explained the coastal erosion is along Lake Ontario from Fair Haven to the City of Oswego. After the Zoning Board reviews the maps, the secretary will see to it that the Planning Board also reviews them. He explained there is a line, call the "Blue Line" which shows that structures cannot be built beyond that line, as with weather conditions, the bluffs or banks erode. The maps were completed in 1979, and since that time, if you walk the lake bank, you can see how much erosion has occurred since then. Any structure to be built requires a permit by the Department of Environmental Conservation. He also explained if there is an existing structure that was built without a permit, it will have to be cut back to the 25 foot line. He said the Town of Oswego should administer the plan, and he is working on a plan. He said he has seen plans where people are building expensive homes, and we can not take the chance of them building over the blue line, and their homes get ruined by the coastal erosion in the future.
Public Comment: None
Open Board Discussion: None
At approximately 6:45 PM, John Pritchard moved to adjourn the meeting. Barry Pritchard seconded the Motion. All ayes. Motion carried.