December 15, 2008
Planning Board Minutes
Oswego Town Hall
Chair: Jeffrey Boyer
Town Board Members: Francis Dellamano, Lee Phillips,
Barry Pritchard, Judy Sabin-Watson, Richard Tesoriero
Attorney To The Board: Stephen Greene, Jr.
Secretary: Joyce Molinari
Call to Order: The meeting of the Oswego Town Planning Board was called to order at 7:04 p.m. by Board President Jeffrey Boyer.

Attendance: Those in attendance were:
Jeffrey Boyer
Francis Dellamano
Lee Phillips
Barry Pritchard
Judy Sabin-Watson
Richard Tesoriero
Stephen C. Greene, Jr.
Joyce Molinari
Attorney to the Board
Approval of November 17, 2008, Meeting Minutes: Lee Phillips made the motion to accept the minutes as written; seconded by Judy Watson. All ayes; motion carried.

Old Business:

A. New Zoning Regulations & Public Hearing. Judy Watson informed the Board that there had been a section left out which had to be inserted; also that Kevin Caraccioli had some questions, so the Public Hearing will not be in December.

Fran Dellamano asked that someone contact the Board Members with the date and time of the Town Board meeting/public hearing, along with a copy of the proposed zoning regulations. The Secretary agreed to take care of this request.

B. Training. Jeff Boyer stated that he had been able to copy the CD for the first two (2) hours of training and suggested that anyone without a personal computer might be able to use a computer at the Town Hall. Copies were handed out to all Board Members, along with the printout of regulations. One possibility for the additional two hours would be to ask the Town Board for a waiver for this year, if Jeff is not able to locate any other available training procedure. He will also contact New York State. In addition, there is information that he can download and get to all Board Members on how to review site plans (a 35-page document). He will then inform Vicky Mullen that the Planning Board Members have fulfilled their four (4) hour training commitment in this manner.

New Business:
A. Special Permit Application by Sherif Kassem for a Used Car Lot at 766-768 County Route 20. (Application# 2008-6)

The Secretary explained that she had spoken to the applicant during the week of December 8-12 concerning the application and had told Sherif Kassem that a vote would not be taken by the Planning Board during the December meeting, as all of the necessary paperwork had not yet been received; also, that these additional forms were to be sent to Ms/Mr. Kassem by the Town CEO.

Questions were brought up by several Board Members as to whether it was the same type of business as had been there before; whether it was the same owner, since Robert Fragle is listed as co-owner of the property, but Sherif Kassem is the only person to sign the Application for Site Plan Review and the Application for Special Permit; and whether there was ever a permit obtained by Mr. Fragle for a used car lot, since he, at some time, had put up a “Used Cars” sign.

Francis Dellamano brought up the possibility that selling used cars might be grandfathered if it started before the location was zoned, but that the new applicant would still need a site plan review.

Steve Greene clarified that the special permit that had been granted to Mr. Fragle would go to the new owner, if it was for the same use and had not been expanded or changed.

Judy Watson added that that is why the Board needs a site plan.

Barry Pritchard stated that Mr. Fragle had been approved for a body repair shop, but he didn’t believe Fragle had ever gotten a permit for a used car lot, even though zoning regulations were in effect by the time he put the “used car” sign up. Therefore, Fran Dellamano said that the Board, in order to know where they stand on this issue, needs to ask Mr. Fragle if he ever sold any used cars at that location, during what years, and did he ever get approval from the Planning Board.

Steve Greene confirmed that a letter should be drafted to Sherif Kassem advising him/her to contact Wayne Newton, CEO, in order to have Mr. Newton send a letter of referral to the Planning Board for a Special Permit, telling the Board what needs to be done (site plan review and special permit application). Then the applicant needs to provide those items (which should include all of those listed in Part B of the Application to the Oswego Town Planning Board except the Full environmental impact statement/DEIS). Also, Part II of the Short SEQR Form, should be filled out by the Board at the Public Hearing, with the applicant having filled out Part I before that date.

In addition, it was decided that Wayne Newton should make the determination of whether this should go to the Zoning Board first for their interpretation or, if he feels the applicant is in compliance, there should be a Certificate of Compliance. All of this should be in the hands of the Planning Board members by the time of a Public Hearing for Site Plan Review.

It was agreed that Jeff Boyer and the Secretary would draft the letter to Sherif Kassem stating the information in the above two (2) paragraphs.

Public Comment: None

Open Board Discussion: None

Adjournment: The motion to adjourn was made by Lee Phillips and seconded by Barry Pritchard. The meeting was adjourned at 7:24 p.m. The next meeting will be January 19, 2009.

Respectfully submitted,
Joyce Molinari
Secretary to the Planning Board
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