Town of Oswego
Planning Board Minutes
January 17, 2011
Chairman: Judy Sabin-Watson
Planning Board Members: Francis Dellamano, Barry Pritchard, Lee Phillips,
Richard Tesoriero, Michael Hagenmayer, Gary Richardson
Attorney to the Board: Stephen C. Greene, Jr.
Secretary: Noreen Ruttan
Meeting called to order by Chairwoman, Judy Watson at 7:00PM
Members present – Judy Watson, Gary Richardson, Lee Phillips, Dr. Richard Tesoriero, Francis Dellamano, Barry Pritchard and Kevin Caraccioli
Absent – Michael Hagenmayer, Steve Greene, Jr.
Members of the Carpenters Union were present in the audience.
Motion by Barry Pritchard to accept the meeting minutes of November 15, 2010.
2nd – Lee Phillips. Motion carried.
Noted that there was no quorum for the December, 2010 meeting.
Old Business – none
Chairwoman Watson stated the Board needed to elect a new chairperson.
Motion made by Francis Dellamano nominating Lee Phillips.
2nd – Richard Tesoriero. Lee Phillips declined the nomination.
Motion rescinded by Francis Dellamano
Motion by Richard Tesoriero for Judy Watson to continue as chair. Francis Dellamano will fill in as Vice Chairman.
2nd – Barry Pritchard. Carried
Karen Schlederer, resubmitting the same Site Plan going from the five (5) buildings to one (1) building and the Waste Water Treatment Plant.. (Written presentation given to each Board member).
Francis Dellamano asked if nothing had changed from the June, 2010 presentation except for the Waste Water Treatment plant.
Francis Dellamano asked if plan originally approved five (5) buildings.
Kevin stated originally approval was for the five buildings, last June, one (1) building had been approved, plus the on site waste water treatment plant.
Kevin stated the Town has responded to a legal action, dating back to the 2008 decisions that were made. In the interim United Group resubmitted the Plan modified the building complex to the one, added the onsite waste disposal system, plan has been reviewed, re-affirmed the SEQR, adopted resolution that approved the project once again.
Court had determined that the Board previously determined this as an Unlisted Action, a Type 1 Action comes under the most rigorous environmental review. A Type 2 action doesn’t receive any type of review. Planning Board and Zoning Board of Appeals declared it as an Unlisted Action, as opposed to a Type 1 Action. An Unlisted Action doesn’t come under either a Type 1 or 2 Action. You can do a comprehensive review but you are not obligated to do one. Court declared this as a Type 1 Action and should have been reviewed as a Type 1 Action. The environmental review done by the Board was equivalent to a Type 1 but it was not stated as a Type 1 on the record.
Kevin recommends that the first thing the Board does, if this is being resubmitted by the applicant, is to declare this as a Type 1 Action under SEQR and follow the review process for that. Project has not changed in any way and Town engineers will review to reconfirm that there aren’t any environmental concerns. The Board has adopted at least 2 negative declarations and if all remains the same the Board will approve another negative declaration. The Board has to go through the process.
Lee Phillips questioned the change concerning the Waste Water Treatment plant in regard to receiving the ok from the County.
Karen stated that all the permits have been issued.
Kevin stated that the SEQR needs to be resubmitted and the Town engineers will review the SEQR submission.
Francis stated he would like the Board to receive copies of the SEQR.
Karen stated she will send original and updated SEQR to the Board members.
Kevin stated the original negative declaration was June 30, 2008. Project information should be updated. The SEQR reviewed by the Board previously is for the new project. Barton and Loguidice reviewed it and a negative declaration was issued.
Richard asked what an Article 78 about?
Kevin stated the objection to the project, filed by Mr. Dunsmoor, etc., determined he was an aggrieved party so that it could be sent back to the local Supreme Court for further review to see if the Board’s actions were proper. It was more of a procedural argument.
Francis stated he would like a summary of what Karen will be presenting.
Kevin – 1. packet, including Site Plan application.
2. SEQR long form 6/09
3. SEQR new form, current date
5, Discharge permits from DEC
6. Letter from Barton & Loguidice
Judy - send copy also to Barton & Loguidice
Kevin – project is not changing in any way. Suggests Board tonight declare the project a Type 1 Action.
Barry asked, they did before?
Kevin – yes.
Motion by Francis Dellamano for the Planning Board to declare
this project a Type 1 Action.
2nd – Lee Phillips. Carried
Kevin stated at some point there will have to be another Public Hearing.
Public Hearing scheduled for the February 21, 2011 meeting to address a Site Plan Review and all environmental aspects of project.
Kevin named all agencies that will be notified before the Public Hearing, they will have 30 days to comment.
Motion by Barry Pritchard to have Public Hearing, February 21, 2011 for Site Plan Review.
2nd – Lee Phillips. Carried.
Mike Stanley asked who is the lead agency?
Kevin recommends the Board as the lead agency.
Motion by Francis Dellamano declaring the Board as the lead agency for the project.
2nd – Barry Pritchard. Carried
Kevin stated that surrounding neighbors be notified.
Secretary will send list of neighbors within 500’ to Karen.
Francis questioned the 500’ limitation. Would like to see a letter sent to a manageable area.
stated that would fall under not being fair to other applicants. Also stated, the notice of the Public Hearing would be published in the newspaper and property owners within 500’ would receive a certified mail letter.
George Baldwin, Carpenter’s Union, stated they have reservations on the impact of the project on the environment, the business plans and strategy. Presented documentation to the Board for their consideration.
Fred Knopp asked if the Oswego County Sheriff would be notified as one of the agencies?
Kevin stated the County of Oswego notification would cover the Sheriff, also, the DOT.
Open Board Discussion
Judy questioned the notes concerning “Grace and Glory” on State Route 104.
Francis stated he feels a Site Plan Review is needed.
Lee asked about a new business on County Route 7.
Barry said it is for hunting supplies.
Check with Wayne about the business on CR 7 and Grace & Glory.
Fred Knopp asked if the waste water treatment plant for the United Group project is limited to just their project.
Judy stated only for this project. It will go to Barton and Loguidice for determination, nothing includes future development.
Lee stated the water would not be drinkable.
Motion to adjourn by Lee Phillips.
2nd – Gary Richardson. Carried
Meeting adjourned 8:00PM.
Respectfully submitted by:
Noreen Ruttan, Secretary