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Town
of Clay
Approved
Planning Board Minutes
December 13, 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 13th day of December, 2006. 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
Allen Kovac Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Mary Moskowitz Planner
Jill Hageman-Clark Planning Board Secretary
ABSENT: John Dougherty Member
Chairman Lepkowski stated that Casey Jordan has resigned his position on the Planning Board
because he has accepted a position as an Onondaga County Legislator. The Chairman congratulated
Mr. Jordan on his new appointment and thanked him for his service on the Planning Board.
Approval of Minutes:
A motion was made by Bruce Johnson, seconded by James Sharpe to adoption a resolution to change
the Approved Minutes from October 25, 2006. The following corrections were requested:
1) On page 3, case 06-2-5 COR Laser Drive LLC, correct the case file number from 06- 2-5 to 06-5-2.
2) On page 6, where it is stated Old Business Hearings Closed, Hearing Closed should be removed and immediately following should be Niagara Car Wash Preliminary Plat.
3) On page 6, case number 06-8-3 Niagara Car Wash Preliminary Plat, correct the case file number from 06-8-3 to 06-8-5.
Motion Passed 5-0
A Motion was made by Karen Guinip, seconded by James Sharpe to cancel the meeting of December
27, 2006 as there was no one scheduled on the calender.
Motion Passed 5-0
Motion was made by Bruce Johnson, seconded by Allen Kovac to approve the minutes of November
08, 2006.
Motion Passed 5-0
Public Hearings:
06-10-3 Robin Development Inc. Zone Change Recommendation I-1 to HC-1, off Morgan
Road, south of Wetzel Road. No one was present at this time so Chairman Lepkowski tabled this matter until later in the evening.
06-10-8 Napolitano Route 31 Company, LLC Zone Change Recommendation R-Apt and RA-100, to RC-1 on the south side of Route 31 across from COR Center, totaling 28 acres (Second
application) (Lowe’s)
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 (apartments)
06-5-2 COR Laser Drive Company, LLC (3) Preliminary Plat, on the south side of Ver Plank
Road, north of the COR Shopping Center
06-5-5 Napolitano Route 31 Company, LLC Zone Change Recommendation, (22 acres) R-Apt
and RA-100 to RC-1 on the south side of Route 31 across from the COR Shopping Center
(Lowe’s)
Kate Johnson attorney for COR Development was present for the applicant.
Ms. Johnson presented a second application for the Lowe’s zone change that moved the project back
adding 6.5 acres to the previous proposal for a total of 28 acres of commercial zoning.
Improvements included moving the proposed restaurant to the west side of the property away from
the school, redesigning of the retention pond, lengthening the driveway, and improving landscaping
and the green area. Ms. Johnson stated that the Town Board had approved the Final Environmental
Impact Statement at the December 4, 2006 meeting. In addition Steve Aldrich of FRA Engineering,
the Town’s traffic consultant, sent a letter stating that all traffic concerns have been addressed and
the applicant has provided sufficient mitigation. Ms. Johnson stated that she was looking for a
recommendation for the zone change for the Town Board meeting on December 18, 2006.
Chairman Lepkowski stated that the NYSDOT indicated that it was expected that Dell Center Drive
would be connected to VerPlank Road. Ms. Johnson stated that there was a misunderstanding with
Bill Egloff of NYSDOT , and that he thought that the parcels connected, however they are not. Mr.
Egoloff indicated that he could do a clarification on an email. Bruce Johnson requested the applicant
provide a copy of the email when it becomes available so it could be placed in the file. Ms. Johnson
indicated she would provide the Planing Board the email when she receives it.
Chairman Lepkowski asked if the applicant had checked the Title Abstract to see if there is a right-of-way for the railroad. Ms. Johnson stated that it had been looked at and there was nothing.
Chairman Lepkowski asked if there were any questions.
Bruce Johnson stated that he liked the second proposal better but was still opposed to the zone
change. Mr. Johnson stated that he disagrees with any more commercial development on the south
side of Route 31 and that the land to the north remain zoned commercial.
Kate Johnson stated that according to Steve Aldrich’s letter that this zone change would meet the
guidelines of the 1999 Route 57/31 Land Use Study.
Russ Mitchell, Town resident, participated in the 1999 corridor study and feels that the second
proposition is a good use for this property.
Joyce Cerito of Bayberry asked if there was going to be a restaurant on this property and asked if that
would generate more traffic. Chairman Lepkowski stated that the traffic study stated that if the land
was used as currently zoned the apartments could generate more traffic than the proposed
commercial uses.
June Baycura of Bayberry asked if commercial development would create more air pollution near
the school. The Final Environment Impact Statement addresses these concerns.
Chairman Lepkowski asked if there were any further questions, hearing none he closed the Public
Hearings for 06-10-8 Napolitano Route 31 Company, LLC Zone Change Recommendation R-Apt
and RA-100, to RC; 06-5-1 COR Laser Drive Company, LLC Zone Change Recommendation, RC-1
and RA-100 to R-Apt; and 06-5-5 Napolitano Route 31 Company, LLC Zone Change
Recommendation, (22 acres) R-Apt and RA-100 to RC-1
Chairman Lepkowski asked for a separate recommendation for each case.
06-10-8 A Motion was made by Bruce Johnson to adopt a resolution using standard form #50
RECOMMENDING to the Town Board that the CHANGE OF ZONE from R-Apt and RA-100 to
RC-1 requested by Napolitano Route 31 Company on the parcels located on the south side of Route
31 across from COR Center, totaling 28 acres (Second Application) be DENIED based on the
following:
1) The proposed change is contrary to the 1999 Route 57/ Route 31 Corridor Study
2) Commercial development on the south side of Route 31 is not in the best interest of the Town.
3) The existing zoning of apartments is more compatible with the surrounding area, specifically with the elementary school to the east.
There was no Second.
Motion Failed
06-10-8 A Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution
using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE from
R-Apt and RA-100 to RC-1 requested by Napolitano Route 31 Company on the parcels located on
the south side of Route 31 across from COR Center, totaling 28 acres (Second Application) be
APPROVED based on the following:
1) The Willowfield Elementary School has indicated they have no objections to the proposal.
2) The Town’s traffic consultant, FRA Engineering, has indicated that the traffic concerns can be mitigated.
3) The zoning setbacks and the forever green area are favorable for the Town.
A roll call vote was take:
James Sharpe- aye- because he felt the applicant had gone through hoops and done their homework.
Allen Kovac - aye -because the applicant had improved the plan by moving the commercial development away from the school and the additional land used for the forever wild will still be able to thrive and flourish.
Chairman Lepkowski -aye- because he felt this would have a less impact than the apartments and the forever wild would be a benefit to the Town.
Bruce Johnson- nay
Karen Guinup-aye
Motion Passed 4-1.
06-5-1 A Motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using
standard form #50 RECOMMENDING to the Town Board a CHANGE OF ZONE from RC-1 and
RA-100 to R-Apt on the parcels located north of Route 31, west of Dell Center Drive and Laser
Drive be APPROVED based on the following reasons:
1)This zone change allows for the proper mitigation to compensate for the commercial zone change on the southern properties.
2) The zone change is compatible with the surrounding neighborhood.
A roll call vote was taken:
James Sharpe- aye- because he feels that this location is a good place for apartments at this time.
Allen Kovac-aye- However, he feels that it is necessary in the future for Dell Center Drive to be extended to VerPlank Road and that the Planning Board should not approve development until a connection road is built.
Chairman Lepkowski- aye
Bruce Johnson-nay- because apartments being built adjacent to the power lines may have an environmental health impact and the north side is more appropriate for commercial use rather than apartments.
Karen Guinup- aye.
Motion Passed 4-1
06-10-8 A Motion was made by Bruce Johnson, seconded by James Sharpe to adopt a resolution
using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE from
R-Apt and RA-100 to RC-1 requested by Napolitano Route 31 Company on the parcels located on
the south side of Route 31 across from COR Center, totaling 22 acres be DENIED based on the
following:
1) The applicant has submitted a second application, which is a better option for the Town.
Motion Passed 5-0
Chairman Lepkowski stated he was going to keep the Preliminary Plat case open and asked for a
motion to adjourn the hearing.
06-5-5 A Motion was made by James Sharpe, seconded by Allen Kovac to adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0
Old Business: Adjourned Hearings
06-4-1 Jon Burdick (1) Site Plan 8481 Oswego Road (Adjourned from 9 previous meetings)
The applicant requested an adjournment.
A Motion was made by James Sharpe, seconded by Karen Guinip to adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0
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 5 previous meetings)
The applicant was not present; however, there was a discussion as to whether or not the Public could
proceed at this time with their comments or if they would need to wait until the applicant was
present. It was decided that the applicant should be present.
A Motion was made by Allen Kovac, seconded by James Sharpe to, adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0
06-4-13 Al Caza Contractors (3) Preliminary Plat, Burnet Road, 500 feet north of Route 31 (7
lots)(Adjourned from 7 previous meetings)
The applicant requested an adjournment until February 28, 2007.
A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this Hearing until
February 28,2007.
Motion Passed 5-0
06-6-6 Ozzula Ent. Inc. (3) Site Plan - 8324 Oswego Road , next to Wilson Farms (Adjourned
from 4 previous meetings) (NAPA store)
The applicant submitted a request for an adjournment until January 10, 2007.
A Motion was made by Bruce Johnson, seconded by James Sharpe to adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0.
06-8-2 Peter C. & Deena S. Procopio (3) Site Plan - for an Office Building, northwest corner
of Carriage Parkway and West Taft Road (Adjourned from 2 previous meetings)
Hal Romans surveyor was present for the applicant.
Mr. Romans stated that there would be no new access.
Bruce Johnson asked what the building would look like. Mr. Romans stated that it would look like
the existing structure.
Bruce Johnson asked if it would be under the same ownership. Mr. Romans stated at this time both
properties are owned by the same person.
There was a discussion regarding lighting. Allen Kovac stated that he would like to see shielded
lighting.
Chairman Lepkowski asked if the applicant met the set back requirements. After a brief discussion
it was decided that the set backs are met.
Ron Detota stated that the applicant needs to connect to the sanitary sewer. In addition the sewer
vent needs to be relocated outside the proposed swale. Mr. Detota stated his concerns regarding the
storm sewers and recommended that the overland drainage be extended to serve this property.
The Chairman asked if there were any questions, 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
standard form # 10 that the Site Plan proposed by Peter C. & Deena S. Propcopio for an Office
Building at the northwest corner of Carriage Parkway and West Taft Road be declared a negative
declaration as there appears to be no environmental impact which could not be mitigated and does
not involve any agencies including the Federal Government.
Motion Passed 5-0
A Motion was made by Allen Kovac and seconded by James Sharpe to adopt a resolution using
standard form # 20 granting Site Plan approval to Peter C. & Deena S. Propcopio for an Office
Building at the northwest corner of Carriage Parkway and West Taft Road, based on a map by
Ianuzzi and Romans Surveyors, dated 6/24/2005 last revised 12/05/2006, Job # 980.001 be approved
subject to the following conditions:
1) Sanitary sewer connection be provided
2)Relocating the existing sewer vent and extending the storm sewer system along Carriage Parkway.
3) All other Legal and Engineering approvals.
Motion Passed 5-0
06-8-5 Niagara Car Wash Inc. (3) Preliminary Plat -3567 and 3571 State Route 31 (2 lots)
(Adjourned from 2 previous meetings) Hal Romans was present for the applicant.
The applicant has been granted a zone change and variances subject to ingress and egress of both
lots. The applicant will extend public sewers from the properties to the east.
Chairman Lepkowski stated that he had not heard from the Onondaga County Planning Board.
Mary Moskowitz stated that she expected comments from the Onondaga County Planning Board
before the January 10, 2007 meeting.
Chairman Lepkowski stated that it should be noted on the map that the variances are approved. He
also stated that he would keep the Public Hearing open.
A Motion was made by Allen Kovac, seconded by Bruce Johnson to adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0
06-8-6 Niagara Car Wash Inc. (3) Site Plan - 3567 and 3571 State Route 31 (Adjourned from
2 previous meetings)
The applicant is requesting a three bay auto self service car wash.
Chairman Lepkowski asked where the water would drain. Mr. Romans stated that it would drain to
a manhole.
They also stated that they would get a storm water report to Ron Detota before the January 10, 2007
meeting.
The applicant showed that there will be adequate landscaping. A photometric plan will be presented
at the January 10, 2007 meeting. There will be a rear door that closes automatically decreasing the
amount of noise generated by the equipment.
Chairman Lepkowski stated that he would like to see additional landscaping.. The applicant stated
that he would be willing to improve the amount of landscaping to the property, perhaps some raised
beds.
There was a lengthy discussion regarding Stormwater drainage and sanitary sewer. A gravel road was
suggested for Town access.
A Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn this Hearing until
January 10, 2007.
Motion Passed 5-0
At this time Chairman Lepkowski asked if there was anyone present from Robin Development.
06-10-3 Robin Development Inc. Zone Change Recommendation I-1 to HC-1, off Morgan
Road, south of Wetzel Road. Martin Merola was present for the applicant.
The applicant is requesting to build a Retail Unit, Industrial Park Information Center, Baseball Field
and Park. The applicant would then donate the Industrial Park Information Center and Park to the
Town. The maintenance would be performed by the Town at the Town’s expense. The applicant is
also proposing to install 1500' of sewers.
Chairman Lepkowski stated that the County wants a traffic study.
Mr. Merola went on to explain the benefits that his plan would have for the Town. Bruce Johnson
stated that he felt that it would not be a benefit to the Town to change from an industrial zone to a
commercial zone for this plan. Mr. Johnson also pointed out that with a Historic cemetery and a
Historic Church this would undermine the integrity of the Industrial Park and would not be beneficial
to this area.
Russ Mitchell agreed with Mr. Johnson and stated that there should be no commercial property on
this corner. There was a discussion regarding the school children crossing the busy intersection to
get to the proposed retail store.
Chairman Lepkowski asked if there were any questions, hearing none he closed the Public Hearing.
A Motion was made by Bruce Johnson to adopt a resolution using standard form #50
RECOMMENDING to the Town Board that the CHANGE OF ZONE from I-1 to HC-1 requested
by Robin Development, Inc. on the parcels located adjacent to Morgan Road, south of Wetzel Road
be DENIED based on the following:
1) Parcels should remain Industrial to maintain the integrity and
character of the surrounding neighborhood.
2) The neighboring Historic Church and Cemetery are not conducive to a commercial zone.
3) Children crossing from school provides hazardous situations.
Motion Passed 5-0
Business: Hearings Closed
NONE
New Business: Signs
North Syracuse Consignment, 3728 Brewerton Road, Permit # 38,638
Mary Moskowitz presented for the applicant.
The applicant is requesting a sign 15' high and 24 square feet in an RC-1 zone.
The proposed sign would be 25' from the road meeting the required setbacks.
Chairman Lepkowski stated that he would like to see the street number on the sign. Bruce Johnson
agreed.
A Motion was made by Allen Kovac, seconded by Bruce Johnson to approve the sign for North
Syracuse Consignment located at 3728 Brewerton Road subject to the following conditions:
1) The sign is set back 25 feet from the road
2) The street address be included on the sign.
Motion Passed 5-0
A Motion was made by Bruce Johnson, seconded by Allen Kovac to adjourn this meeting.
Motion Passed 5-0
Meeting Adjourned at 10:16 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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