October 20, 2005
Zoning Board of Appeals Minutes
Oswego Town Hall
Chairman: Greg Auleta
Board Members: Robert Baker, Timothy Anderson,
Patty Blackwell, Debra Jaskula
Attorney to the Board: Kevin Caraccioli
At approximately 7:00 PM, Greg Auleta, Chairman of the Zoning Board of Appeals called the meeting to order.
Those in attendance were:
Greg Auleta, Chairman
Robert Baker, Member
Timothy Anderson, Member
Debra Jaskula, Member
Kevin Caraccioli, Legal Advisor
Marjorie Best, Secretary
Patty Blackwell, Member
Acceptance of Agenda:
Greg Auleta said there is an addition to the Agenda, but that it will be accepted.
Approval of August 18, 2005 Minutes:
Bob Baker raised a question on part of a sentence on Page 2, line 7, that did not make any sense - "he said he would turn it the other way, so that the 32 feet will be East-West". After he pointed it out to the Board, it was decided it should read "he would construct on an East-West bias". Tim Anderson made a motion that we approve the minutes with the correction. Debra Jaskula seconded the motion. All ayes. Motion carried.
Greg Auleta stated he e-mailed the members regarding Kevin receiving a late request for consideration of a yard set back which is necessary to continue a sale of property. At the time it seemed like a request that would be appropriate, but since then he had some reservations. He said he would discuss it, but the parties must present an application to the Town Hall, and go through the proper procedure to bring it before the Zoning Board of Appeals.
Kevin stated he had received a call on Monday, and the parties are anxious for a closing on the property, but there are concerns of a pool being close to the property line. If the Zoning Board of Appeals deems this to be a structure, then appropriate variances would be requested. Kevin passed out a letter from the Stanley Law Office, as well as a survey map to the members, but does not considers it to be an applications. Kevin said Greg is correct that the parties must submit an application for an area variance, and set a public hearing. The property in question is on 7 Pines Drive. Kevin said Mike Stanley and Tom Reynolds, Attorneys for the buyers and sellers have letters signed by the immediate neighbors. He said he is in favor of consistency, and that an applications should be submitted to the Town Hall.
There was no Old Business.
No public attended.
Open Board Discussion - Revision of Zoning Regulations:
Patty Blackwell, who was unable to attend tonight, sent an e-mail to the secretary, that she had some concerns on Accessory Uses and Structures - specifically size limitation on structures of 180 square feet, and 120 square feet on garden sheds. We will go over the section entitled Supplemental Regulations. Greg said he would point out Patty's concerns at the next Committee Meeting. Greg said he has met weekly with Brian Frazier, of the County Planning Board, Judy Watson of the Town Planning Board, and Theresa Cooper, Town Clerk. When we get the revisions all together in final draft, it will then to the Town Board.
The question of dumping came up. The secretary said that at the Planning Board Meeting on Monday night, that there will be a glossary at the end of the revisions stating specific definitions. Kevin said we also should have a Table of Contents. Greg said there would be an issue of mulch piles that should be specified. Bob Baker asked if discarded materials would be inside the structure or outside. Greg said he believes it would be outside the structure, and Kevin agreed. Kevin asked "What about compost piles?" Debra said a lot of people have compost piles, but they spread it around.
There was some discussion of private roads and common driveways. The secretary said that at the Planning Board Meeting, it was suggested that the whole section be stricken, as it should be under the Subdivision Rules. Bob Baker said if this section stays in the revisions, there is a contradiction on Page 10 between E-1 and F-1. E-1 says "the owner and/or developer shall furnish the Town Certification by a professional engineer", and F-1 says "shall be built in accordance with Town specifications" Kevin said he thinks that an engineer would design the driveway, but the particular specifications would have to be in accordance with whatever the Town specifies. This is a good point that should be cleared up.
Bob Baker stated we should distinguish if an application is "refused" or "denied". Several places in the revisions it says "denial" and other places say "refused" Kevin said it should read "denial" or "denied".
Other words Bob questioned were "shall" and "may". After discussion it was determined that "shall" is a requirement, and "may". is discretionary.
The secretary pointed out another change that was made at the Planning Board Meeting on Monday - Page 2 Accessory uses and structures - A.- Permitted accessory uses - there are 13 items. No. 9 should be "livestock" instead of "horses", and No. 13 should be "shed" instead of "garden shed".
Greg told the members to go over these sections, and give him a call or e-mail on their comments. He said these are working copies, so do not be afraid to mark them up. Kevin said Article I - General Provisions starts the whole thing.
Greg stated at our next meeting, we will work on Building Permits; and Signs, Awnings and Canopies, and asked the Board to put their comments in. He told the secretary to list the Revisions on the Agenda as Old Business.
At approximately 8:15 PM, Tim Anderson made a motion to adjourn the meeting. Debra Jaskula seconded the motion. All ayes. Motion carried