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Town
of Clay
Approved
Planning Board Minutes
April 26, 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 26 of April 2006. Chairman Lepkowski called the meeting to order at 7:30 PM and upon the roll being called, the following were:
PRESENT: Walter Lepkowski Chairman
Bruce Johnson Deputy Chairman
Allen Kovac Member
Karen Guinup Member
Casey Jordan Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Mary Moskowitz Planner
Karen Dates Planning Board Secretary
LATE: James Sharpe Member
Approval of Minutes:
Motion was made by Bruce Johnson, seconded by Allen Kovac, to approve the minutes of April 12, 2006 as presented.
Motion passed 5-0.
Public Hearings:
06-2-4 Jon Burdick (3) Preliminary Plat 3593 Route 31 (3 lots into 1)
Jon Burdick, applicant, Brian Manthey, architect, and Ed Keplinger, landscape architect were present.
The applicant proposes a reverse subdivision of three lots into one lot in order to make the current lot more conforming with the current use as an automobile dealership. The applicant has met with Mr.
Tessier, Commissioner of Planning and Development, and the Commissioner has indicated his support for this proposal.
Mr. DeTota indicated that the Town would like to have a 20 foot sanitary sewer easement on this property so that the properties to the west could have access to a sanitary sewer system. A lengthy discussion on the placement of sanitary sewers along Route 31 took place. Mr. Burdick indicated that he would consider this proposal but is concerned about the impact of this easement on his property.
Mr. DeTota also indicated that the drawing for the subdivision was not signed by a licensed land surveyor. Mr. Keplinger said that a new map would be drawn with the appropriate signatures.
Chairman Lepkowski asked if anyone from the public had any questions or concerns. Hearing none he asked for a motion to adjourn the Public Hearing.
Motion by Bruce Johnson, seconded by Karen Guinup, to adjourn this Public Hearing until the next Planning Board meeting on May 10, 2006.
Motion passed 5-0.
06-2-5 Jon Burdick (3) Preliminary Plat, 8478 Oswego Road (2 lots)
Jon Burdick, applicant, Brian Manthey, architect, and Ed Keplinger, landscape architect were present.
The purpose for this subdivision is to subdivide the land currently owned by the Moyers Corners Fire Department. Mr. Burdick indicated that he is interested in purchasing the lot in order to expand his automobile dealership. This matter appeared before the Zoning Board of Appeals and variances were granted for lot area and width, contingent upon granting of zone change and subdivision.
Chairman Lepkowski noted that the Planning Board cannot make a decision on this subdivision until the zone change has been addressed.
Chairman Lepkowski opened the public hearing to the public. Hearing no comments, he asked for a motion to adjourn this hearing.
Motion by Allen Kovac, seconded by Casey Jordan, to adjourn this Public Hearing until the next Planning Board meeting on May 10, 2006.
Motion passed 5-0.
06-3-6 JHL Properties (3) Preliminary Plat, on the south side of Maider Road, between Jackson and Bonstead Roads (6 lots)
Chairman Lepkowski stated that applicant has requested adjournment of this hearing. He asked for a motion to adjourn this matter until the next meeting.
Motion made by Karen Guinup, seconded by Bruce Johnson this Public Hearing until the next Planning Board meeting on May 10, 2006.
Motion passed 5-0.
06-4-3 Jack Frost (3) Preliminary Plat, south side of Orangeport Road, west of Cicero town line (2 Lots)
Allen Olmsted was present for the applicant.
The proposed application is for the subdivision of one into two lots. The current house on Lot A will remain and Lot B will be used as a building lot for a single family home.
Earlier this year, the applicant came to Commissioner Tessier for an administrative lot line adjustment. The applicant had difficultly filing the map with Onondaga County. Mr. Olmsted has a letter from Commissioner Tessier indicating that this matter was completed administratively, and will be presenting the letter to the County.
Chairman Lepkowski noted that the Planning Board has not yet received any comments back from the Onondaga County Planning Board.
Chairman Lepkowski asked if there were any questions or concerns from the public. Hearing none he asked for a motion to adjourn the Public Hearing to the next meeting.
Motion by Allen Kovac, seconded by Casey Jordan, to adjourn this Public Hearing until the next Planning Board meeting on May 10, 2006.
Motion passed 5-0.
06-4-7 Town of Clay Zone Change Recommendation 0-2 to RA-100 8498 Maple Road
and 8508 Maple Road.
Mary Moskowitz, Planner, presented for the applicant.
The Town Board is requesting on their own motion a zone change from O-2 to RA-100 on two properties on Maple Road. The properties were changed as one parcel to an office district in 1979. Since then, it has been subdivided. The property at 8508 Maple Road is currently being used as a single family residence. The property at 8498 Maple Road was used as a photography studio, but the owner, Mr. Patrick
Salanger, wishes to sell the property as a single family home, and does not want the stigma of an office district. Ms. Moskowitz has spoken with both property owners about this zone change.
Chairman Lepkowski opened the hearing to the public. Hearing no comments, he closed the public hearing and asked for a motion for a recommendation to the Town Board.
Motion made by Bruce Johnson, seconded by Casey Jordan to adopt a resolution using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by the Town of Clay Town Board, on 8498 Maple Road and 8508 Maple Road from O-2 to RA-100 be APPROVED. The reasons for this decision are:
1. The zone change to an agricultural/ residential district is in keeping with the character of the area.
Motion passed 5-0.
Old Business: Adjourned Hearings:
06-2-3 Eldan Homes, (3) Preliminary Plat, north side of VerPlank Road, 2500’ east of Henry Clay Blvd. (10 lots) (Adjourned from 2 previous meetings)
Dan Barnaba, owner of Eldan Homes, was present
Mr. Barnaba indicated that he has met with the Commissioner of Planning and Development, and based on his comments has changed the layout of Lot 2 and Lot 3. He also stated that there are a few more engineering matters that still need to be addressed, but should be corrected by the next meeting.
Chairman Lepkowski opened the hearing to the public.
Ray Florczyk, resident on VerPlank Road, spoke of the high traffic area on VerPlank Road. He questioned the snow removal of the area for the new homeowners with long driveways. He also wanted to know if this property was in the Airport Flight Hazard Zone. Chairman Lepkowski thanked Mr. Florczyk for his comments, and advised the applicant to the building heights of any homes did not exceeded any height restrictions in the Airport Flight Hazard Zone.
Chairman Lepkowski asked if there were any further comments, hearing none he closed the public hearing and asked for a motion to adjourn this matter.
Motion made by Bruce Johnson, seconded by Casey Jordan, to adjourn the decision on this item until the next Planning Board meeting on May 10, 2006.
Motion passed 5-0.
06-2-9 Family Video Movie Club, Zone Change Recommendation R-Apt to HC-1 at the southeast corner of Bear and Buckley Roads (3 + acres) (Adjourned from 1 previous meeting)
No one was present for the applicant.
The matter was tabled until the end of the meeting to give the applicant an opportunity to appear. It was brought up again at the end of the meeting after all other items were addressed.
Chairman Lepkowski asked members of the Planning Board if they had any questions or comments.
The Planning Board felt they could not make a recommendation on this matter without more information from the applicant, including information from the County DOT about driveway locations and information on traffic counts based on entire site build out.
Chairman Lepkowski asked if there were questions or concerns from the public. Hearing none, Chairman Lepkowski asked for a motion to adjourn this matter until the May 24, 2006 Planning Board meeting.
Motion to adjourn by Casey Jordan, seconded by Karen Guinup, to adjourn this Public Hearing until the Planning Board meeting on May 24, 2006.
Motion passed 6-0.
Old Business: Hearings Closed:
05-5-5 Fred J. Klopfer, Zone Change Recommendation, RA-100 to 0-1 on the west side of Route 57, just north of Linda Lane (From 1 previous meeting)
No one was present for the applicant
Chairman Lepkowski asked members of the Planning Board if they had any questions or comments.
Mr. Jordan, who was absent from the previous meeting, stated he had reviewed the matter, but wanted to know if the applicant had a purchaser interested in the property. Chairman Lepkowski said that the applicant had stated at the previous meeting that he was interested in re-zoning the property in order to sell it for office use in the future, but has no buyer at this time.
Mr. Johnson stated this zone change could affect traffic on Route 57 and that this zone change was not consistent with either the 1999 or 2006 Route 31/ 57 studies.
Mr. James Sharpe entered the meeting at 9:00 pm.
Chariman Lepkowski asked if there were any questions or comments from the public. Hearing none, he asked for a recommendation from the Planning Board.
Motion made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by Fred J.
Klopfer, on the west side of Route 57, just north of Linda Lane, from RA-100 to O-2 be DENIED. The reasons for this recommendation are:
1. The area north of Linda Lane is residential in nature and an office zone would not be consistent with the surrounding area.
2. The Town of Clay has made significant investments in the Three Rivers Development and Route 57 is the only major road that has access to this area. Vehicle access to Route 57 should be limited to maintain the traffic mobility of this road.
Chairman Lepkowski asked for a role call vote.
Chairman Lepkowski- nay, as he feels that the office district would make a good transitional zone
Bruce Johnson - aye
Allen Kovac- nay, as he would approve the zone change conditioned on a single driveway with the neighboring property
Karen Guinup- aye
Casey Jordan- aye, as he feels it is a premature recommendation without future knowledge of the property’s intended use.
James Sharpe- abstain, because he had just entered the meeting
Since there was no majority in favor, the motion failed 3-2.
Motion made by Bruce Johnson, seconded by Casey Jordan, to present the vote of the Planning Board to the Town Board for their consideration in making the decision on the CHANGE OF ZONE requested by Fred J.
Klopfer, on the west side of Route 57, just north of Linda Lane, from RA-100 to O-2.
Motion passed 6-0.
05-9-1 Georgian Court Enterprises, LLC (3) Site Plan for apartments – west of Morgan Road, off Grampian Road, between West Minster Place and Hollyrood Park (From 9 previous meetings).
Hal Romans, surveyor, was present.
Mr. Romans presented the changes made to the plan since the last meeting. The lighting on the garage is now a balcony style 100 watt light, instead of a garage style 75 watt light. This will keep the lighting more consistent with a residential look. A landscaping plan was also discussed.
As per engineering suggestions, a 20’ drainage easement is now shown, as well as, four hydrant locations.
Ms. Guinup was concerned that the proposed sign was too large, and might exceed the sign ordinance. Mr. Romans indicated that he would redesign the sign and present it at a later time.
Chairman Lepkowski asked the Planning Board if they had any further questions or concerns, hearing none, he asked for a motion for a SEQR determination.
Motion made by Karen Guinup, seconded by Bruce Johnson, to adopt a resolution using standard form #10 that the site plan proposed by Georgian Court Enterprises be given a negative declaration as there appears to be no traffic, drainage, or environmental impacts which could not be mitigated and does not involve any other agencies including the Federal Government.
Motion passed 6-0.
Motion made by Karen Guinup seconded by Bruce Johnson to adopt a resolution using standard form #20 granting Site Plan approval to Georgian Court Enterprises, west of Morgan Road, off Grampian Road, between West Minster Place and Hollyrood Park base on a map by Ianuzi and Romans, P.C. dated January 18, 2006; last revised April 24, 2006, having file number 833.006 subject to the following conditions:
1. Subject to Legal and Engineering Approvals.
2. No approval of the sign as shown, but approval of the sign placement.
Motion passed 6-0.
05-11-3 Jon Burdick Zone Change Recommendation, GOV to HC-1 on the west side of Oswego Road, just north of Moyers Corners Fire Station 1 (From 1 previous meeting)
Chairman Lepkowski noted that the Planning Board had heard this matter at their last meeting and asked if any members had any further questions or concerns before making a recommendation to the Town Board.
Bruce Johnson stated his concerns about creating a nonconforming lot by granting this zone change, and agreed with the County’s recommendation to deny the zone change.
Motion made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by Jon Burdick for the west side of Oswego Road, just north of Moyers Corners, from GOV to HC-1 be DENIED. The reasons for this decision are:
1. This action would result in the creation of a nonconforming lot.
Chairman Lepkowski asked for a role call vote.
Chairman Lepkowski- aye, as that he agrees with the Onondaga County Planning Board, and does not want to create a nonconforming lot.
Bruce Johnson - aye
Allen Kovac- aye, as that he feels that if all three parcels were combined the proposed zone change would be more acceptable in that it would be a less non-conforming and feels access should be allowed on Route 31 only
Karen Guinup- aye
Casey Jordan- aye
James Sharpe- nay, as that he feels that the proposed use is appropriate as along as the applicant receives a special permit from the Town Board.
Motion Passed 5:1
05-11-4 Jon Burdick Zone Change Recommendation, RA-100 to HC-1 at 3593 Route 31 (Burdick Pontiac) (From 1 previous meeting)
The Chairman indicated that the Onondaga County Planning Board has recommended approval of this zone change. Mary Moskowitz stated that Commissioner Tessier also is in favor of this zone change because it would make the current land use more conforming with the zoning.
Chairman Lepkowski is concerned about the number of different uses that could occur on this lot if it was zoned HC-1. Mary Moskowitz indicated that any change in use from the current use as an automobile dealership would require at a minimum Planning Board Site Plan Approval.
Motion made by Allen Kovac, seconded by Bruce Johnson to adopt a resolution using standard form #50 RECOMMENDING to the Town Board that the CHANGE OF ZONE requested by Jon Burdick for 3593 Route 31, from RA-100 to HC-1 be APPROVED. The reasons for this decision are:
1. This zone change will create a conforming use
2. The zone change to a highway commercial district is in keeping with the character of the area.
Chairman Lepkowski asked for a role call vote.
Chairman Lepkowski- nay, as he is concerned about the possible different uses allowed in the Highway Commercial District.
Bruce Johnson - aye
Allen Kovac- aye
Karen Guinup- nay, as she feels that there is no problem with the current use and is concerned about the possibility of different uses by this zone change.
Casey Jordan- nay
James Sharpe- aye
Since there was no majority in favor, the motion failed 3-3.
Motion made by Bruce Johnson, seconded by Allen Kovac, to present the vote of the Planning Board to the Town Board for their consideration in making the decision on the CHANGE OF ZONE requested by Jon Burdick for 3593 Route 31 from RA-100 to HC-1.
Motion passed 6-0.
New Business:
06-4-8 Eric Gantley Final Plat
Ron DeTota, presented for the applicant.
This Preliminary Plan was in front of the Planning Board at the last meeting. The lot line for the current Howard property has been removed and Bruce and Debbie Howard have agreed to and joined into this application. The other property will be sold to the Town of Clay.
Motion made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard form #40 granting Final Plat approval to Eric Gantley based on a map by Advanced Information Systems, dated August 18, 2005; latest revision April 13, 2006 having a map numbered 29-05 2005113-R4, subject to Legal and Engineering.
Motion passed 6-0.
Motion made to adjourn the meeting made by Karen Guinup, seconded by Allen
Kovac.
Motion passed 6-0.
Meeting adjourned at 10:25 PM
Respectfully submitted
Karen Dates
Planning Board Secretary
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