Planning Board

Town of Oswego
Planning Board Minutes
July 16, 2012

Chairman: Judy Sabin-Watson
Planning Board Members: Francis Dellamano, Richard Kaulfuss, Lee Phillips, Barry Pritchard, Gary Richardson, Noreen Ruttan
Attorney to the Board: Stephen C. Greene, Jr.

Secretary: Teresa Botting

Meeting called to order by Chair Judy Sabin-Watson at 7:00pm.

Members present: Judy Sabin-Watson, Francis Dellamano, Lee Phillips, Noreen Ruttan, Barry Pritchard, Richard Kaulfuss, Atty. S. Greene, Jr.

Excused: Gary Richardson

Others present: Greg Herrmann, Natalie Kazarian, Edward Kazarian, Eric Mills, Mike Blackwell, Patty Blackwell

Public Hearing #1 called to order by J. Sabin-Watson: Natalie Kazarian, 33 Byer Road – Dance Studio
Kazarians explained that lease is up on building in City of Oswego, and wish to return to the former dance studio address at 33 Byer Road. No structural changes; hours similar to last time they were open at same address; parking the same. J. Sabin-Watson informed them that they need site plan (survey map) – missing from file. Only have picture of sign. S. Greene suggested that survey map is on file with the Town. If they are not changing anything, only needs to be re-dated and re-signed. No neighbor issues. R. Kaulfuss made motion to table hearing until survey map produced; F. Dellamano seconded. Passed. Public hearing tabled.

Public Hearing #2 called to order by J. Sabin-Watson: Eric Mills, 7764 State Route 104 –
Barbeque Business
(E. Mills submitted neighbors' signature form, however, not complete – missing five signatures, and did not certify/return-receipt mail to those residents who are missing signatures). Peter Klein owner of property; E. Mills in process of leasing property to run barbeque business. Presently selling barbeque at Ontario Orchards. Has coupled with Humphrey's to use their kitchen for now. Has ideas to expand leased property in future-maybe ice cream parlour, indoor restaurant, pizza and wings takeout. May remodel buildings on property. Would use portable bathrooms at first, but will check with Health Department. F. Dellamano asked if NYS DOT has approved? E. Mills checked their website and does not have an answer to that question. J. Sabin-Watson mentioned that driveway was approved residential; not commercial. L. Phillips asked if would be year-round business? Yes. J. Sabin-Watson asked if food would be prepared on site? Yes. Water in buildings? Yes. F. Dellamano asked how is line of sight? Driveway 10-12 feet. Mike and Patty Blackwell addressed concern for wood smoke, parking and turnaround, and accidents. R. Kaulfuss mentioned there is no signed agreement of lease. E. Mills responded that he is signing tomorrow at attorney's office. J. Sabin-Watson said there would also have to be contingency approval by Health Department. E. Mills stated he wanted to be up and running by August 1st. J. Sabin-Watson asked what to do since all residents were not notified? Suggested public hearing remain open until all proper paperwork is received? Table it for now? N. Ruttan asked about notarized copy of lease letter as required by Wayne Newton's letter? E. Mills stated he did not receive letter. More questions answered: Parking? 7 parking spaces, 1 handicap plus 2 separate areas for employee parking. 3-5 employees. 3 outdoor picnic tables. F. Dellamano asked if there should be a fence around the picnic tables? P. Blackwell voiced concern because very narrow property; also health issues. F. Dellamano suggested that Albany should be contacted to give advice? E. Mills asked how long that would take? J. Sabin-Watson did not know. After much discussion, R. Kaulfuss made motion to table public hearing (leave open) until concerns addressed and paperwork completed; F. Dellamano seconded. Carried. E. Mills asked if he could set up anyway? No. R. Kaulfuss asked if public hearing is tabled, does process start from step one? No. Should neighbors within 500 feet be notified again, since not every signature that was required, was obtained by E. Mills? And should he put up sign on property notifying community of Public Hearing? F. Dellamano made motion to re-notify all residents within 500 feet of barbeque business; N. Ruttan seconded. Discussion: B. Pritchard commented that it had not been done in past. After clarification that motion was for ALL residents, Vote: 5 No; 1 Yes; 1 Absent. Defeated. E. Mills will have to send certified/return-receipt mailing to five residents whose signatures were not obtained or get their signatures 10 days before continuation of public hearing. P. Blackwell asked again about weighted value of health issues. R. Kaulfuss suggested Board receive her concerns in writing. P. Blackwell asked if there would be wood smoke? E. Mills said propane/wood-fired. F. Dellamano asked if Ontario Orchards is legal renting space to E. Mills? If was outside, would need site plan review; if inside building, no issues. Was suggested that Wayne Newton, Code Enforcement be notified – J. Sabin-Watson will talk to W. Newton. Public hearing tabled until next meeting August 20, 2012 at 7:05pm in order to receive full paperwork.

Re-opened Public Hearing #1: Natalie Kazarian and Edward Kazarian presented site plan review. There is space for 15 cars in parking lot. L. Phillips asked if there will be a lighted sign? Sensored-light sign. F. Dellamano asked if it will affect neighbors? No one is across the street. F. Dellamano asked if they approved site plan last time? Yes. Positive response from neighbors. J. Sabin-Watson closed Public Hearing #1 at 8:15pm. Motion made by N. Ruttan to approve site plan; L. Phillips seconded. Carried. R. Kaulfuss asked if need clarification on sign? J. Sabin-Watson said it is ok, information is on the form. Motion was made by L. Phillips to approve sign; R. Kaulfuss seconded. Carried. F. Dellamano asked if it would be flashing? No. Kazarian dance studio approved.

Approval of June 18, 2012 Minutes: N. Ruttan made motion to approve minutes;
R. Kaulfuss seconded. Carried.

Old Business: L. Phillips asked status of student housing project. No news on Article 78; but United Group is ready.

New Business: B. Pritchard mentioned that on applications to Planning Board, Item "B" should be revised from "Sketch Plan" to "Survey Map."

Public Comment: Greg Herrmann suggested that the E. Mills project should be defined. J. Sabin-Watson commented that she agreed – E. Mills will need to be specific on his plans. L. Phillips suggested that if parking on US 104 becomes an issue, the state could put up signs.

Open Board Discussion: None.

Lee Phillips made motion to adjourn; Barry Pritchard seconded. Carried.

Meeting adjourned at 8:34pm.

Respectfully Submitted,
Teresa M. Botting, Secretary

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