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                                          Town of Clay
                                Approved
                                  
Planning Board Minutes  
                 

                                              November 8, 2006

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 8th day of November. The meeting was called to order by Chairman Lepkowski at 7:30 PM and upon roll being called, the following were:

PRESENT: Walter Lepkowski     Chairman
                      Bruce Johnson          Deputy Chairman
                      Karen Guinup             Member
                      James Sharpe            Member
                      Casey Jordan             Member
                      Allen Kovac                 Member
                      John Dougherty        Member
                      Scott Chatfield           Planning Board Attorney
                      Ron DeTota                C&S Engineers
                      Mary Moskowitz        Planner
                     Jill Hageman-Clark    Planning Board Secretary

Approval of Minutes:
A Motion was made by Bruce Johnson, seconded by James Sharpe to approve the minutes of October 25, 2006.

Motion Passed 7-0

Public Hearings:

06-10-1 Minute Man Press (3) Amended Site Plan 7570 Oswego Road (Fire Damage Replacement) 
Larry Kuhn from Minute Man Press was present.

The applicant has already begun the reconstruction the replacement building due to fire damage. Mr. Kuhn stated that the building has been built to meet the Commissioner of Planning and Development recommendations. The applicant has eliminated the entrance on the south side of the parcel (closest to Friendly’s Restaurant). They have also paved a driveway to Bayberry Plaza. In addition the applicant added six trees and improved the landscaping. Mr. Kuhn stated that he had tried to pave a connective driveway between this parcel and the Friendly’s Restaurant, as suggested by the Commissioner, however the restaurant was not interested in complying with this request. 

Chairman Lepkowski stated that the Board had received correspondence regarding the deliveries to the rear of the building. The Chairman asked how many deliveries this business expected per week.  Mr. Kuhn stated that there would only be about one delivery to the rear of the building per week. Other deliveries such as Fedex and UPS would be made using a side door.

Chairman Lepkowski then inquired about external lighting. Mr. Kuhn responded that wall packs were used in the lighting. It is low lighting, facing down.

Chairman Lepkowski asked if there were any questions from the public.

Mr. Ken Burrows, a resident of Bayberry asked if the building is the exact square footage of the approved plan. Chairman Lepkowski stated that a previous plan had been approved administratively.

Mr. Burrows then asked if the north side door was in the plan that was approved. He also stated that there was no loading dock on the site plan. Mr. Burrows asked how long the storage container would be behind the building and remarked that the fence had not been repaired. 

Mr. Kuhn stated that the applicant had contracted with Arrow Fence for the repair of the fence and that the storage container was only there temporarily.

Russ Mitchell stated that he agreed with Mr. Burrows, and questioned how this building was built and wondered if they had a permit.

Scott Chatfield explained that the code is written so that the existing site plan may be modified by the Commissioner of Planning. The Planning Board requested the Public Hearing so that the residents of the community have the opportunity to voice their views. 

Mary Moskowitz reviewed the County’s recommendations with the applicant. The County praised the Board for the driveway connections between the property.

There was a discussion regarding the proposed paved area between Friendly’s Restaurant and the site. The applicant agreed to pave the area on his lot, allowing for a connective drive if the adjoining parcel will agree in the future.

Allen Kovac asked if there were to be any restrictions set regarding truck deliveries. Mr. Kuhn stated that he did not see how the deliveries would be disruptive to residents when there are tractor trailers at the plaza. 

Allen Kovac stated that the restrictions would protect residents from future owners if this property were to change ownership. Mr. Kovac asked if the applicant would accept this restriction. The applicant indicated that he would.

Chairman Lepkowski asked if there were any more questions. Hearing none he closed the Public Hearing.

A Motion was made by Karen Guinup, seconded by Casey Jordan to adopt a resolution using a standard form # 10 that the Amended Site Plan, proposed by Minute Man Press at 7570 Oswego Road be declared a negative declaration ads there appears to be no traffic, drainage or environmental impact which could not be mitigated and does not involve any other agencies including the Federal
Government.

Motion Passed 7-0

A Motion was made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using a standard form # 20 granting Site Plan approval to Minute Man Press at 7570 Oswego Road, based on a map by RSA Architects, dated 7/24/06; last revised 8/28/06 subject tot he following conditions:
1. No deliveries to between 8:00 pm to 7:00 am.
2. The fence located on the east side of the property be repaired
3. All outdoor storage containers be removed with in one month
4. Provide a driveway connection to the Friendly’s property to the south
2. Subject to all Legal and Engineering approvals.

Motion Passed 7-0

06-10-6 Karen L. Vanderburgh (3) Preliminary Plat, north of Maider Road (Town Road) between Route 481 and Bonstead Road (east) (one lot into 2 lots) Seth Fisher was present for the applicant. 

Chairman Lepkowski asked if the last revision of the map was August 24, 2006. Mr. Fisher indicated that it was. 

Chairman Lepkowski asked if the applicant intended to use the property for single family residences.  The applicant stated that the use for lot A would be a single family residence and he would assume that the intended use for lot B would be the same.

Chairman Lepkowski asked if there were any questions.

Ron Detota suggested a culvert and a 40' wide easement in the north west corner of lot B. Mr. Fisher stated that he would need the approval of the owner of lot B. Ron Detota stated that Mr. Knight owns lot B. Mr. Detota also stated that he had some concerns regarding the driveway and water problems in lot A.

Chairman Lepkowski stated that the easement should be mapped out and covered under legal and engineering. 

Chairman Lepkowski asked if there were any questions from the public. Hearing none he closed the Public Hearing and asked for a SEQR determination.

A Motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using a standard form # 10 that the Preliminary Plat proposed by Karen L. Vanderburgh known as The Morrissey Subdivision northof Maider Road between Rout 481 and Bonstead Road, be declared a negative declaration as there appears to be no traffic, drainage or environmental impact which could not be mitigated and does not involve any other agencies including the Federal Government.

Motion Passed 7-0

A Motion was made by Bruce Johnson, seconded by Casey Jordan to move to Final Plat.

Motion Passed 7-0

A Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using a standard form # 40 granting Final Plat approval based on map by Robert Burleigh dated July 10, 2006 last revised November 8, 2006, file # 03.1672-1, be approved subject to the following conditions:

1. The center line of the water course must be mapped and 40' drainage easement added.
2. Property owners must be listed in the Title Box.
3. Provide a legal description of the drainage easement to the Town of Clay.
4. Subject to all other Legal and Engineering approvals.

Motion Passed 7-0


Business: Adjourned Hearings 
06-4-1 John Burdick (1) Site Plan 8481 Oswego Road (Adjourned from 8 previous meetings) The applicant faxed a request for an adjournment.

A Motion was made by Allen Kovac, seconded by John Dougherty to adjourn this Hearing until December 13, 2006. 

Motion Passed 7-0


06-4-11 Tri-R Reality & Development Co. (3), Site Plan for a Kinney’s Drug Store, 7608 Oswego Road, in front of Bayberry Plaza (Adjourned from 3 previous meetings)

The Planning Board discussed a recommendation for a Special Permit for a drive-in service.

The Town Board has informally requested a recommendation for this Special Permit.

Bruce Johnson stated that a drive-thru facility would negatively impact traffic movement. 

Karen Guinup agreed adding that the building and drive-thru would not be effective at this location.

Allen Kovac stated that the parking lot was too small for a drive-in service.

Chairman Lepkowski asked for a recommendation to the Town Board.

A Motion was made by Bruce Johnson, seconded by Karen Guinup to RECOMMEND to the Town Board that the SPECIAL PERMIT for DRIVE-IN SERVICE requested by Tri-R Reality & Development Co. on the parcel located on part-of 7608 Oswego Road, in front of Bayberry Plaza be DISAPPROVED for the following reasons:
1. Due to the parcel’s size and configuration, the increased traffic flow off Blackberry Road would be a determent to the Bayberry Plaza, especially in front of the WIC center.
2. Bayberry Plaza is not large enough to sustain traffic movement from a drive-in service.

Motion Passed 7-0. 

06-4-13 Al Caza Contractors (3) Preliminary Plat, Burnet Road, 500 feet north of Route 31 (7 lots)(Adjourned from 5 previous meetings)
The applicant requested an adjournment.

A Motion was made by Casey Jordan, seconded by Allen Kovac to adjourn this matter until December 13, 2006.

Motion Passed 7-0

06-5-1 COR Laser Drive Company, LLC Zone Change Recommendation, RC-1 and RA-100 to R-Apt. north of Route 31, west of Dell Center Drive and Laser Drive (Adjourned from 6 previous meetings) 

06-5-2 COR Laser Drive Company , LLC (4) Preliminary Plat - on the south side of Ver Plank Road, north of CORr Shopping Plaza (Adjourned from 4 previous meetings)

06-5-5 Napolitano Route 31 Company, LLC (4) Zone Change Recommendation, R-Apt and RA-100 to RC-1, on the south side of Route 31, across from the COR Center (Lowes) (Adjourned from 6 previous meetings) The applicant requested an adjournment for all three matters.

A Motion was made by Allen Kovac, seconded by Casey Jordan to adjourn these hearings until December 27, 2006.

Motion Passed 7-0


06-8-1 Group One Development, LLC (3) Preliminary Plat- for 96 lots, Country Meadow Sections E,F,G, off Caughdenoy Road, north of Justin Drive (Adjourned from 1 previous meeting) Hal Romans was present for the applicant.

Chairman Lepkowski stated that the traffic issues had been addressed in the traffic study. The County reviewed the study and found no negative impact.

Mr. Romans stated that the applicant had addressed Ron Detota, the Town Engineers, comments and he had a letter from Ron Detota stating that they were in compliance.

Chairman Lepkowski stated that this was an open hearing and asked if there were any questions, hearing none he closed the Public Hearing.

A Motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using a standard form # 10 that the Preliminary Plat proposed by Group One Development, Country Meadows Sections E,F,G off Caughdenoy Road, north of Justin Drive be declared a negative declaration as there appears to be no traffic, drainage or environmental impact which could not be mitigated and does not involve any other agencies including Federal Government. 

Motion Passed 7-0

A Motion was made by Allen Kovac, seconded by John Dougherty to adopt a resolution using a standard form # 30 granting Preliminary Plat approval to Group One Development at Country Meadows Sections E,F,G off Caughdenoy Road, north of Justin Drive, based on a map by Ianuzzi and Romans dated 4/12/06 revised 11/7/06, file # 2868.012 subject to all Legal and Engineering approvals.

Motion Passed 7-0 

Old Business: Hearings Closed

NONE

New Business:

05-9-7 Raymour and Flanigan Final Plat, N/E corner of Morgan Road and Morgan Place, combining 8 lots into 1.  Carl Fletcher from Raymour and Flanigans was present

Mr. Fletcher stated that the Corporate offices had received a letter from the town engineer stating that they were complying with the Town of Clay standards.

Chairman Lepkowski asked if there were any questions. 
Allen Kovac asked if the County Planning Board had any comments. Chairman Lepkowski stated that they had commented on the Preliminary Plat application but not the Final Plat.

Chairman Lepkowski asked if there were any comments from the audience, hearing none he closed this Public Hearing.

A Motion was made by Bruce Johnson, seconded by Casey Jordan to adopt a resolution using a standard form # 40 granting Final Plat approval based on a map made by C.T. Male Associates, PC dated 9/15/2005 last revised 11/08/2006 file # 05-0623 subject to the following conditions:
1. Subject to Legal and Engineering Approvals. 


Signs
Alliance Bank, 7799 Oswego Road, Permit # 38,600
James Hickey from Charles Signs was present for the applicant.

Mr. Hickey stated that the applicant had revised the application and was now looking to change the sign however the location would stay the same.

Bruce Johnson stated that he had inspected the site and that the grade was not as great as previously stated. Mr. Johnson indicated that he would still like to see a monument sign in this site especially after observing that the drop is not as large.

Mr. Hickey stated that the signage would not be visible to the traffic driving north on Oswego Road because of the grade and the traffic. He further indicated that 50% of new customers are attracted by signs.

Chairman Lepkowski stated that the size of the sign or the directional signs do not need to be increased.

Allen Kovac asked Mr. Hickey if the applicant had considered a wall sign.
Mr. Hickey indicated that the applicant was evaluating ‘Outdoor Branding’.

Bruce Johnson asked how high the sign would be. Mr. Hickey stated that they would be 61" tall.

Casey Jordan stated that he also was in favor of a monument sign instead of the proposed pylon sign.

John Dougherty asked how the height of the sign was determined. Mr. Hickey stated That it was determined by ingress and egress, allowing for maximum viability.

Bruce Johnson asked. about placing the address on the building. 
There was a lengthy discussion regarding the logo on the directional.

Bruce Johnson wanted the dimensions changed.

A Motion was made by Karen Guinup, seconded by John Dougherty to approve a freestanding pylon Alliance Bank sign to replace the current one with own in the same location. Not to exceed 32 square feet. Height not to exceed 15 square feet.

Motion Passed 7-0

A Motion was made by Bruce Johnson, seconded by Karen Guinup to approve and modification to the Site Plan to allow 7 directional signs not to exceed 3 square feet each and height not to exceed 48" 

Motion Passed 6-1

Chairman Lepkowski opposed because the signs will no longer serve as directional but as advertisement for the bank with the logo.

A Motion was made by James Sharpe, seconded by John Dougherty to adjourn this meeting until December 13, 2006.

Motion Passed 7-0


Meeting Adjourned at 10:18 pm.

Respectfully Submitted,




Jill Hageman-Clark




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