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Town
of Clay
Approved
Planning Board Minutes
March
24, 2004
The regular meeting of the Planning Board of the Town of Clay, County of Onondaga
was held at the Town Hall, located at 4401 Route 31, Clay, New York on the 24th of
March, 2004.
The meeting was called to order by Chairman Kovac at 7:30 PM and upon the roll
being called, the following were:
PRESENT: Allen Kovac Chairman
Walter Lepkowski Deputy Chairman
James Keefe Member
Karen Guinup Member
Ferdinand Lepinske Member
James Sharpe Member
Bruce Johnson Member
Scott Chatfield Planning Board Attorney
Ron DeTota C & S Engineers
Cindy Heid Assistant Commissioner
Susan Beckhusen Planning Board Secretary
ABSENT: David Tessier Commissioner of Planning & Development
Approval of Minutes:
Motion was made by Walter Lepkowski, seconded by Ferdinand Lepinske, to approve the minutes of March 10, 2004 as presented.
Motion passed 7:0
Public Hearings:
04-1-6 Richard A. Lobevero and Donald M. Benzel (3) Preliminary Plat, in the inside of the Horeshoe Island Road Circle
John Covino, attorney, presented for the applicant.
Proposal is for the division of a 56.9 acre parcel of vacant wetland on Horseshoe Island Road. 31.6 acres would belong to Mr. Lobevero and 25.3 acres would belong to Mr. Benzel. There will be no development or changes made to the parcels.
Scott Chatfield advised the applicant that any approval by this board would in no way indicate that the lots are developable since they are in a floodway and extraordinary burdens for any development would apply.
Letter dated March 24, 2004 from C & S Engineers was read and reviewed.
Chairman Kovac asked if there were any questions or concerns. He then closed the public hearing and asked for SEQR determination.
Motion made by Karen Guinup, seconded by Walter Lepkowski to adopt a resolution using standard form #10 that the Preliminary Plat proposed by Richard A. Lobevero and Donald M. Benzel be declared an unlisted action which will not have an adverse environmental impact and does not involve any other agencies including the Federal Government. The reasons supporting this decision are:
1. There is no significant impact that cannot be mitigated.
Motion passed 7:0
Motion made by Walter Lepkowski, seconded by James Sharpe to move directly to Final Plat approval.
Motion passed 7:0
Motion made by Karen Guinup, seconded by James Keefe to adopt a resolution using standard form #40 granting Final Plat approval to Richard A. Lobevero and Donald M. Benzel based on a map by Lehr Land Surveyors dated August 1, 2003; revised December 18, 2003, drawing #3-B-23 subject to the following conditions:
1. All conditions in letter dated March 24, 2004 from C & S Engineers must be satisfied.
2. Subject to the Planning Board Attorney and Engineers approval.
Motion passed 7:0
04-2-1 Ernest Baker Trust (3) Preliminary Plat, 8668 Burnet Road, (from 4 lots into 3 lots)
Applicant has requested adjournment to the Planning Board meeting of April 14, 2004.
Motion made by Ferdinand Lepinske, seconded by James Sharpe to adjourn this public hearing to the Planning Board meeting of April 14, 2004.
Motion passed 7:0
04-2-2 Omnipoint Communications, DBA T-Mobile, Public Utility Special Use Permit Recommendation, 7608 Oswego Road, behind Bayberry Plaza
Jeff Davis, attorney, Mike Crosby, T-Mobile representative and Lee Salvetti were present for the applicant.
James Keefe made comment regarding the article which appeared in the newspaper regarding this application.
Mr. Davis discussed the application. He indicated that currently T-Mobile has a coverage gap in the Bayberry area and therefore is requesting a Special Use Permit application.
Mr. Davis discussed the location of several other towers in the Syracuse area in relation to the proposed tower. The applicant originally looked for a co-location site to erect an antenna but they were unable to find one that would provide the necessary coverage that they require.
The tower would be approximately 80' in height.
Chairman Kovac asked the applicant if they were still looking into alternate sites but Mr. Davis indicated that at this time they are no longer pursuing this avenue.
Walter Lepkowski asked if the applicant had looked at the water tower located on Morgan Road in the industrial zone area. The applicant feels that this tower may be too far east to provide adequate coverage but will consider it. The applicant also indicated that they considered "camouflage type" towers where the antenna is located inside a flagpole on a traffic signal pole, etc.
James Sharpe asked if the applicant had considered the area at Wetzel Road and Route 57. Mr. Davis said that this area may be too close to the current antenna that they have on the tower at Tommy's Restaurant but would consider checking out the area again and provide feedback at the next meeting. Mr. Davis did indicate that a higher tower may be required if this site is used.
Chairman Kovac made note that the Bayberry parcel is zoned C-5 and requires 6' high solid screening around the perimeter and the applicant would be required to provide this should the application be approved.
Chairman Kovac opened the hearing to the public.
June Baycura, resident of Bayberry, questioned the applicant regarding other sites to explore. Mr. Davis made note of the sites and indicated that they would look at them and provide feedback at the next meeting.
Joyce Cirrito, Bayberry resident, voiced her concerns regarding the placement of a tower so close to a residential area and the health issues associated with the tower.
Neil McLane, resident of Bayberry, addressed the comments made by Mr. Keefe at the start of the public hearing. He also voiced his concerns regarding the value of the properties in the area and the integrity of the neighborhood being compromised if this tower is allowed.
Chairman Kovac noted several letters were received opposing the application. A signed petition with 560 signatures was placed in the file voicing resident' opposition. Chairman Kovac indicated that he will share this information with the Town Board.
Bob Doyle, resident of Bayberry, indicated that what was provided to the Planning Board was not a petition but a letter addressed to the owner of the Bayberry Plaza asking him to reconsider selling the space to T-Mobile.
Many residents of the Bayberry Community voiced their concerns over health issues, property values, etc. if this application is approved.
Scott Chatfield explained the steps involved in this type of application to clarify for the public why or why not a recommendation would be made. Chairman Kovac indicated also that suggestions were made to the applicant about looking into other possible sites.
Mr. Davis addressed the issues that were raised by the resident's and stated that the applicant would consider the suggestions made. He indicated also that the applicant would be willing to do a "balloon test" so the residents could determine whether or not the tower would be visible from their homes or not and to what degree.
Russ Mitchell, Clairmont resident, questioned whether or not the applicant could possibly utilize the proposed clock tower at Wegman's once their store is remodeled. He also stated that the Town of Clay should establish some type of plan regarding cell towers.
Joe Cavataio, resident of Bayberry, questioned whether or not the tower would be lit at night. Of note, towers below 200' do not have to be lit, however, the FAA would make the final determination.
Health issues were raised and the determination by the FCC regulations regarding health issues are outdated regarding cell towers. Lisa Montanaro, Bayberry resident, indicated that she has a pacemaker and was advised by her doctor not to be near cell towers as it could pose a serious health risk to her.
Motion was made by Karen Guinup, seconded by Walter Lepkowski to adjourn this Public Hearing to the Planning Board meeting of April 28, 2004 when the applicant will provide additional information regarding the possibility of other sites in the area which may provide the coverage they are seeking.
Motion passed 7:0
Old Business: Adjourned Hearings
04-1-4 Alberici General Contractors (3) Preliminary Plat, west side of Bear Road, opposite Bay Chapel Circle (Lighthouse Village, including 50 family attached dwellings ) (Adjourned from February 25, 2004)
Nick Ianuzi, surveyor, presented for the applicant.
Proposal is for the development of single family attached homes. There are apartments to the South and West, Niagara Mohawk to the north and Bear Road to the east.
The applicant is proposing using Section 278 (clustering), to allow the proposed attached housing with the current zoning of R-1. Without using Section 278, approximately 50 lots would be allowed.
By using Section 278, more green space would be provided.
Members of the Planning Board expressed their concerns with using Section 278 and felt it might be more prudent for the applicant to pursue a zone change which would allow them to develop the parcel without utilizing Section 278.
Scott Chatfield discussed the differences in an R-1 zone, R-3 and R-5 zoning as well as Section 278 & 281.
Ron DeTota indicated that drainage is a concern on this site. Mr. DeTota discussed these concerns with Mr. Ianuzi and the Planning Board members. Mr. DeTota feels that at this time he does not have sufficient information regarding the drainage to make a sound decision on the parcel. He does feel that there may be issues that will have significant impact on the parcel.
Four out of seven of the Planning Board members felt that the use of Section 278 would be appropriate.
The Onondaga County Planning Board recommended disapproval and in order for the Planning Board to override their recommendation it will require a majority plus one vote and with the current count at 4:3, this would not be accomplished.
Clarence Rycraft, Town Board member, stated that the R-1 zone was established by the Town Board and it should be up to the Town Board to make the decision regarding the use of Section 278. He reiterated when clustering should be used and that it should only be used in rare instances.
Motion made by James Keefe, seconded by Bruce Johnson to adjourn this Public Hearing to the Planning Board meeting of April 28, 2004.
Motion passed 7:0
03-8-7 COR Route 31 Company, LLC (3) Amended Site Plan, east of the COR Shopping Plaza on Route 31 (Adjourned from October 22, December 10, 2003, January 28 & March 10, 2004)
Applicant has requested adjournment to the Planning Board meeting of April 14, 2004.
Motion made by James Sharpe, seconded by Bruce Johnson to adjourn this public hearing to the Planning Board meeting of April 14, 2004.
Motion passed 7:0
Old Business: Hearings Closed
04-1-7 Eldan Homes, Inc. (3) Preliminary Plat, southwest corner of Morgan Road and Fairway East Drive (The Hamlet, including 41 single family houses)
Dan Barnaba, president and owner of Eldan Homes and Scott Freeman, landscape architect, were present.
Mr. Barnaba again discussed the proposed project. He discussed the proposed green space and stated that it equates to approximately 10% of the entire 13 acre parcel. He discussed that he major issue has been the density. He indicated that he is proposing 41 units but feels that it will be less.
The applicant would be proposing to pay fees to the Town in lieu of parkland dedication.
It was noted that the radius of the road in the development is shown to be only 50' and the Town standards require 100'. This would have to be reviewed.
It was also noted that the Town Highway Superintendent is not in favor of the proposed cul-de-sac. Mr. Barnaba indicated that this would be maintained by the Homeowners Association along with the green space.
Mr. Barnaba indicated that he would be willing to come back before the Planning Board with a proposed plan with only 37 units but would still be looking for approval utilizing Section 278.
Karen Guinup questioned why the applicant feels he needs to use Section 278. She questioned whether or not it was for economic reasons for the roads and utilities. Mr. Barnaba indicated that the basic reason for using Section 278 is because the site is a challenging site due to arterial roads on two sides of the parcel and setback requirements. He is proposing smaller lot sizes.
The majority of the Planning Board members felt that the use of Section 278 would be acceptable with some changes to the plan which would include lower density, relooking at the cul-de-sac, possibly moving the park area to a location more in the center of the development, etc. Mr. Barnaba indicated that he would review the plan based on the suggestions made by the Planning Board members.
Motion made by James Keefe, seconded by Ferdinand Lepinske to adjourn this case to the April 14, 2004 Planning Board meeting.
Motion passed 7:0
New Business: Signs:
Raymour & Flanigan Furniture, 4000 Route 31 - Sealy Sleep Center Permit #36,051
Cindy Heid presented for the applicant.
Application is for wall signage and falls within the 10% maximum allowable according to the Town ordinance.
Motion made by Bruce Johnson, seconded by Ferdinand Lepinske to approve the sign as presented.
Motion passed 7:0
Adjournment:
Motion made by Walter Lepkowski, seconded by Ferdinand Lepinske to adjourn the meeting. Meeting adjourned at 12:10a.m.
Motion passed 7:0
Respectfully submitted,
Susan I. Beckhusen
Planning Board Secretary
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