March 20, 2006
Planning Board Minutes
Oswego Town Hall
Chair: Judy Sabin-Watson
Town Board Members: Francis Dellamano, Kenneth Kern,
Lee Phillips, Barry Pritchard, Jeffrey Boyer, James Finn
Attorney To The Board: Stephen Greene, Jr.
Call to Order:

At approximately 7:00 PM, Judy Sabin-Watson, Chairman of the Planning Board called the meeting to order.

Attendance:

Those in attendance were:
Chair
Member
Member
Member
Member
Member
Attorney
Secretary
Judy Sabin-Watson
Francis Dellamano
Lee Phillips
Barry Pritchard
Kenneth Kern
James Finn
Stephen Greene, Jr.
Marjorie Best
Those absent were:
Member Jeffrey Boyer
Old Business:

Approval of February 20, 2006 Minutes:

Judy asked if there were any questions or corrections to the February 20, 2006 Minutes. Lee Phillips stated that although he was present at the January meeting, He wasn't listed under attendance. He wants the February minutes to reflect that he was present in January. Jim Finn stated he was misquoted on Page 2, 3rd paragraph, last sentence - it should read "He said in the city, they put cell telephone towers on top of buildings, or a water tower". Steve Greene stated on Page 3, second from the last paragraph, should read "Fran asked Steve Greene if he would be willing to go over these regulations on elevated structures" (not Adult Uses). Barry Pritchard made a motion that we approve the February 20, 2006 Minutes as corrected. Fran Dellamano seconded the motion. All Ayes. Motion carried.

Steve Greene did some research on elevated structures, and brought four documents, which he passed out copies to the members. The documents are as follows:

(1) "Our Letters to the Planning Board" by the American Wind Energy Association;

(2) "Wind Turbines and Noise" by the American Wind Energy Association;

(3) "Local Energy Tower Rules" by the American Wind Energy Association;

(4) "Legal Memorandum LU01 - Municipal Regulation of Cellular Telephone Towers and Antennas" by the Department of State.

Judy stated we could read and digest these documents and discuss them at the next meeting.

New Business:

Public Comment:


No one from the public was present.

Open Board Discussion:

Revision of Zoning Regulations - "Flood Damage Prevention" and "Wetlands Protection":

Judy opened up the Open Board Discussion with the section "Flood Damage Prevention". Fran Dellamano said the whole section should contain one sentence. He said there should be no building on floodplains. Although if someone really wants to do something, they would have to obtain a Special Permit. Barry Pritchard said the State would get involved, and Steve Greene said the DEC would also be involved. Fran said we have plenty of land around the Town, so people don't have to build on floodplains. There would also be problems with a mortgage on floodplain property. Kenn Kern explained when he built his house on Ridge Road, he ran into all sorts of problems, such as septic, and mortgage. Barry Pritchard said there was a problem at Glen Cove also. Fran stated we have a State Building Code. Lee Phillips brought up problems they had up by Fireside Inn. Fran again said you can't build a house on a floodplain without a Special Permit. Lee Phillips said we have to go by all the rules. Kenn Kern said there are also roadways and driveways to consider in building on a floodplain. Again, Steve said the DEC must get involved.

Fran also discussed the difference between floodplains and wetlands. He said in wetlands, there are trees, shrubs and all sorts of vegetation. Kenn Kern mentioned other properties such as the tunnel on Rathburn Road, and the Irish Settlement.

After some more discussion, Steve referred to Pages 13 and 14 of the Flood Damage Prevention section, then referred to Page 1 under "Find; Purpose, B (6) Qualify and maintain for participation in the National Flood Insurance Program". He stated, and Judy agreed, that we should leave this section as is. Judy asked for a motion. Kenn Kern made a motion that we leave Flood Damage Prevention as is. Lee Phillips seconded the motion. All Ayes. Motion carried.

Judy then opened for discussion the next section "Wetlands Protection". Steve Greene said this section also involves the DEC. Barry Pritchard quoted the last sentence of the first paragraph on Page 1 "It is the intent of the Town of Oswego to exercise its authority over freshwater wetlands pursuant to Article 24 of the State Environmental Conservation Law". Jim Finn asked if we would stop right there, and Steve said he would think so. Fran said he doesn't see any difference as to whether a house is built on a floodplain or wetlands. Barry Pritchard stated Glen Cove is a good example - on one side of the road it is 298 feet, and on the other side of the road, it is 305 feet. There is a culvert there. Kenn Kern questioned if a muck is wetland, and it was stated that after 3 or 5 years it becomes a wetland.

After some discussion, Jim Finn said this section should be a void document. The State is above us. Judy asked for a Motion to have the section on wetlands thrown out. Fran Dellamano made a motion that we void the section on wetlands. Jim Finn seconded the motion. All Ayes. Motion carried.

Judy said we would go over the documents that Steve gave us at the next meeting.

Adjournment:

At approximately 7:50 PM, Lee Phillips made a motion to adjourn the meeting. Kenn Kern seconded the motion. All Ayes. Motion carried.

Respectfully submitted,

Marjorie Best,
Secretary to Planning Board
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