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Town
of Clay
Approved
Planning Board Minutes
September 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 September.
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
David Tessier
Commissioner of Planning and
Development
Jill Hageman-Clark Planning Board Secretary
ABSENT: Mary Moskowitz
Planner
Chairman Lepkowski requested a moment of silence for the passing of Ferdinand Lepinske in honor
of his years of service in the Town of Clay.
Approval of Minutes:
A Motion was made by Casey Jordan, and seconded by Karen Guinup to approve the minutes of
August 9, 2006.
Motion Passed 7-0
Public Hearings:
06-8-3 Niagara Car Wash, LLCc Recommendation, RC-1 and O-2 to HC-1, 3567 and 3571State Route 31
Hal Romans of Ianuzi & Romans, PC, Heidi Baldwin and Jack Muench were present for the
applicant.
The applicant is requesting a zone change for the property located on the north side of Route 31. The
applicant plans to divide the property into two equal lots one of which will be used for a three bay
carwash. The applicant will also install public sewers that will extend 900' allowing connections for
neighboring lots. There is no need for a traffic study as there would be no adverse impact on the
traffic.
Bruce Johnson stated his concerns regarding future uses for this parcel and parking requirements.
He suggested that perhaps conditions regarding parking could be set.
The applicant stated that he would be willing to agree to conditions.
Bruce Johnson also asked if the existing structure (currently used as a T-shirt store) would be
removed. The applicant stated that structure would be removed.
David Tessier stated that a zone change for this property were scheduled for the Town Board meeting
on the October 18, 2006. Chairman Lepkowski stated that the applicant should return after that
meeting.
Chairman Lepkowski closed this Public Hearing and indicated the Planning Board will make a
recommendation on a later date.
06-8-7 AJM Management- Preliminary Plat, North Medical Center Campus, Off of Taft Road
(2 Lot subdivision) Greg Sgromo of Dunn and Sgromo Engineers and John Murphy of AJM Management were present
for the applicant.
Chairman Lepkowski asked what the Town Board recommended regarding the request for the permit
for a drive-in service. The applicant indicated they may be agreeable to accepting the road as a Town
read and granting a Special Permit for drive-in service.
Chairman Lepkowski stated that the Onondaga County Planning Board state the Town Planning
Board could act solely on this matter.
Bruce Johnson stated that it is hard to separate the Preliminary Plat from the Site Plan application.
Mr. Johnson also brought up that locating the proposed Private Drive further south would enable the
applicant to have a larger parcel allowing for more landscaping.
Greg Sgromo noted that it would be difficult and costly to relocate the ponds, roads and utilities.
Chairman Lepkowski stated that the private drive does not show a 60' right of way on the map.
Karen Guinup asked if the public or private road would be built to the towns standards. John
Murphy assured the board that the road would be built to Town standards.
Chairman Lepkowski stated that the Town requires a 60' right of way and that it should be shown
on the preliminary plat. Chairman Lepkowski then stated that this matter should be tabled until the
site plan hearing.
John Murphy agreed to this.
OLD BUSINESS: Adjourned Hearings
06-2-5 Jon Burdick (3) Preliminary Plat, 8478 Oswego Road (2 lots) (Adjourned from 6
previous meetings. The applicant called to request an adjournment of this Hearing.
A Motion was made by Bruce Johnson, seconded by John Dougherty to adjourn this Hearing until
September 27, 2006.
Motion Passed 7-0.
06-4-1 Jon Burdick (3) Site Plan, 8481 Oswego Road (Adjourned from 6 previous meetings)
The applicant called to request an adjournment of this Hearing.
A Motion was made by Allen Kovac, seconded by Jim Sharpe to adjourn this Hearing until
September 27, 2006.
Motion Passed 7-0.
06-4-9 Development Assistance Group, LLC Zone Change Recommendation, RA-100 to PDD -
3715 (and vacant) Route 31, north side, just west of the railroad tracks (Amedore Homes)
(Adjourned from 4 previous meetings) Walter Lepkowski stated that this Zone Change request would be marked off the Planning Board
Calender until after the Town Board had made their recommendations. This will be re-advertised
at a later date.
06-4-11 Tri-R Reality & Development Co. (3), Site Plan, 7608 Oswego Road, in front of
Bayberry Plaza (Adjourned from 2 previous meetings)
Joe Janowski of Tri-R Reality & Development was present.
Mr. Janowski stated that he was presenting Plan C from the previous meeting. Plan C provided the
furthest south entrance to the plaza from Route 57. The plan would have the entrance across from
Egret Path. Mr. Janowski also wishes to enlarge the current Metro Mattress Store by demolishing
the house that he has purchased on Blackberry Rd.
At this time Mr. Janowski has not gone in front of the Town Board to obtain the required special
permit for a drive-in service.
Karen Guinup asked what the proposed Pharmacy would look like.
Mr. Janowski stated that the building would be brick with a stucco facade.
Casey Jordan stated that he likes the appearance of the building however it is hard to visualize where
it would be in the plaza. Mr. Jordan asked if it would be possible to mark off where the new
building would stand with cones or perhaps paint on the ground so that it could be better visualized.
Mr. Janowski was agreeable to this but asked what the primary concern was.
Mr. Jordan stated that it would show how the new building would fit into the plaza as well as how
it would affect the parking and traffic flow. Mr. Janowski asked again what that would serve.
Mr. Jordan stated that again, it would help him to better visualize the plaza with the proposed
changes. Mr. Janowski agreed. Chairman Lepkowski suggested that this be done after the meeting with the Town Board.
Allen Kovac asked what would go into the vacant space if the new Kinneys was built. He also stated
that it might be difficult to find a tenant for that space because of the location not being visible
behind the new building. Mr. Kovac also asked if Mr. Janowski had considered moving the metro
mattress into the abandoned Kinney spot. Mr. Janowski stated that would not be financially viable.
Mr. Kovac then asked about parking and if the rear lot would be considered.
Mr. Janowski stated that if it was required he would be willing to pave the rear lot.
John Dougherty asked if the deliveries were made in the back.
Karen Guinup asked about parking spaces. There are currently 476 spaces and 499 spaces are
required. Ms. Guinup stated that to meet the required amount of spaces parking in the rear would
need to be considered. Bruce Johnson stated that he had a different count.
Mr. Janowski stated that this was one of the smallest issues.
Mr. Johnson stated that perhaps the walk thru should be reopened.
Mr. Kovac agreed and stated that for anyone to walk around the building would be impractical unless
it was used for employees only.
Chairman Lepkowski asked what kind of variance Mr. Janowski had obtained.
Mr. Janowski stated that he had obtained a variance for the highway setback.
Chairman Lepkowski stated that should be indicated on the Site Plan.
Chairman Lepkowski asked about enclosing the existing dumpsters. He also mentioned that
currently there are pallets thrown along the back of the building.
Bruce Johnson asked about an internal dumpster.
Allen Kovac asked about curbing at the entrance from Route 57 and planting shrubs where there is
not an entrance. Mr. Janowski stated that they had planted shrubs but that they had died from the salt and sand from
snow removal. Chairman Lepkowski suggested that maybe raised beds would work. Chairman Lepkowski also
stated that he had driven behind the plaza and there were 22 dumpsters several trash cans and a POD
storage unit. He suggested that a site plan condition may be that something could be built to make
that area look better.
Mr. Janowski said that would not be possible.
Bruce Johnson suggested building 2-3 housings for the trash to make it neater.
Joe Janowski stated that the community could not see the back of the plaza. Allen Kovac suggested
that maybe some of the trees to be transplanted could be used as a barrier behind the plaza.
Chairman Lepkowski noted his concerns regarding traffic circulation problems.
John Dougherty stated that if the parking were moved back one row south, it may make a safer
entrance.
Chairman Lepkowski said that perhaps this is too much of a project for such a small space.
Chairman Lepkowski then asked if there were any more questions from the board, hearing none he
asked if anyone in the audience had any questions.
Mike Banks, a resident of Bayberry asked how far is the back of the building from the existing
building. David Tessier said that the proposed building is 75' from the plaza.
June Baycura, Bayberry resident and president of the Bayberry Community Association expressed
her concerns regarding parking and traffic backing in and out of spaces as well as questions and
comments from the BCA. A lenghty discussion erupted between Joe Janowski and June Baycura.
Chairman Lepkowski stated that Mr. Janowski still needed to appear before the Town Board. He
asked if they had a date. David Tessier stated that he thought it may be October 2.
Chairman Lepkowski suggested that this matter be adjourned.
A Motion was made by Allen Kovac, seconded by John Dougherty to adjourn this Hearing until
October 25, 2006.
Motion Passed 7-0
06-4-12 Syracuse Clay Associates , LLC Zone Change Recommendation, R-100 to PPD -
northeast corner of Route 31 and Oswego Road (Adjourned from 4 previous meetings)
(Wal-Mart)
Chairman Lepkowski stated that this Zone Change request would be marked off the Planning Board
Calender until after the Town Board had made their recommendations. This will be readvertised at
a later date.
06-4-13 Al Caza Contractors (3) Preliminary Plat, Burnet Road, 500 feet north of Route 31 (7
lots) (Adjourned from 1 previous meeting)
No one appeared for the applicant.
A Motion was made by Casey Jordan, seconded by Karen Guinup to adjourn this Hearing until
October 11, 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 3
previous meetings)
The applicant E-mailed a request to adjourn this Hearing.
.
A Motion was made by Bruce Johnson, seconded by Casey Jordan to adjourn this meeting until
September 27, 2006.
Motion Passed 7-0
06-5-2 COR Laser Drive Company, LLC, (3) Preliminary Plat on the south side of VerPlank
Road, north of the COR Shopping Plaza (Adjourned from 2 previous meetings)
The applicant E-mailed a request to adjourn this Hearing.
A Motion was made by Allen Kovac, seconded by Jim Sharpe to adjourn this Hearing until
September 27, 2006.
Motion Passed 7-0
06-5-5 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 the COR Center (Lowes) (Adjourned
from 4 previous meetings) The applicant E-mailed a request to adjourn this Hearing.
A Motion was made by Bruce Johnson, seconded by John Dougherty to adjourn this Hearing until
September 27, 2006.
Motion Passed 7-0
06-6-6 Ozzula Ent. Inc. (3) Site Plan - 8324 Oswego Road, next to Wilson Farms. (Adjourned
from 1 previous meeting)
Hal Romans of Ianuzi & Romans, PC, was present for the applicant.
The applicant wishes to build a NAPA Auto Parts store on the property located at 8324 Oswego Rd
and backing up to Canvasback Drive. The applicant is not proposing any additional driveway
curbcuts. There would be a large green area and the applicant is also proposing trees and landscaping
to separate the retail space from the residential area.
Bruce Johnson stated that it is currently zoned PPD and wondered if it required a Town Board
Recommendation. Mr. Tessier said that all it needs is Site Plan approval.
Karen Guinup stated that currently the landscaping is very poor. Ms. Guinup asked Mr. Romans if
the applicant planned on cleaning this area up. Mr. Romans stated that the applicant plans to add
trees that will fill in quickly to screen this area from the residential neighborhood.
Allen Kovac asked what this building would look like. Mr. Romans stated that it would not be like
the typical blue box NAPA store. This building would have an exterior that would better fit in with
the area. Mr. Romans said that he would provide more pictures as the building progressed. Mr.
Romans said that the dumpsters would be enclosed behind the NAPA building.
Chairman Lepkowski said that he would like the architecture to be consistent with the surrounding
architecture. The day care located to the north of the Wilson Farms is a good example of the
standard architecture for this area.
Bob Aluzzo from NAPA stated that this business would not preform inspections or automotive
repairs and that they would only have 5-6 customers per hour. Additionally there would only be 2
pickup trucks for this store to make deliveries.
Chairman Lepkowski asked if a second building planned for this property would be shown on the
map or if that would be requested at a later date. Mr. Aluzzo stated that this application was for the
NAPA store only and that a future structure will not be shown on the Site Plan.
Chairman Lepkowski asked if there were anymore questions from the audience.
Janet Rathburn, a Clay resident, asked if there would be a plan for maintaining the landscaping for
this property. Chairman Lepkowski stated that if it is stated on a plan that it must be maintained.
Chairman Lepkowski stated that he would keep open this Public Hearing.
A Motion was made by Bruce Johnson, Seconded by Karen Guinup to adjourn this Hearing until
October 11, 2006.
Motion Passed 7-0
06-6-7 Northside Baptist Church (3) Site Plan, at 7965 Oswego Road, at Gettman Road.
(Adjourned from 1 previous meeting)
Richard Wicks of Associated Architects, Reverend Bruce Aubrey and Matt Napierala of Napierala
Consulting were present for the applicant.
The applicant stated that they have addressed all of the concerns from the previous meeting. The
parking has been recalculated. There are 234 required parking spaces 220 regular and 14 handicap
spaces. There are 70 spaces on the current property and an additional 10 spaces on Gettman Road.
The majority of the spaces (154) would exist from the mall parking as stated in an agreement with
the property owners from 1974. The additional 154 spaces will be shown on the map to the north.
There was a meeting with David Tessier regarding parking, in addition, Mr. Chatfield met with the
church attorney regarding the parking.
A photometric plan was done and descriptions of the light fixtures were distributed. There would be
2 additional light fixtures to the east on 20' poles. The bulb would not be visible in the fixture.
Another light would be located near the entrance near the east side.
Extensive landscaping is planned. Trees will be planted on the west side near the addition. There
will be low shrubs around the entrance.
The proposed addition will be raised enough to drain into a very large pipe. Ron Detota has received
reports. Chairman Lepkowski asked if Mr. Detota has had the opportunity to review the Stormwater
plan. Mr. Detota stated that it is satisfactory.
Bruce Johnson asked about the unoccupied space in the building with regard to the parking. Mr.
Wicks stated that the unoccupied space was for storage, bathrooms and hallways.
Chairman Lepkowski asked if the parking agreement was legal. Mr. Chatfield stated that the
agreement does allow the church to use the parking. Mr. Jordan stated that after reviewing the
parking agreement it may create the possibility for other to utilize the same spaces. He was also
concerned with future growth and related parking problems. Mr. Wicks stated that the church plans
to purchase properties along Gettman Road. Mr. Johnson asked if the future spaces would be within
the 500'. He also wondered if the trees along Gettman Road would impede parking after future land
purchases. John Dougherty stated that he thought that a 30 year parking
situation with no problems seemed pretty solid. Mr. Chatfield concurred.
Bob Michelson of Moyers Corners Fire Department asked if there was 360 degree access to the
building. Mr. Michelson stated that he was not comfortable with the sprinkler system. Mr. Wicks
stated that the sprinkler system would be installed in the new section as discussed with Rich Mercer
the Town Fire Marshall and that it would decrease the required distance to 300''. Mr. Mickelson
pointed out that 300' is not the same as 360 degree access. Furthermore the two fire doors do not
have sidewalks. The applicant would provide sidewalks. Access sidewalks would be a condition to
Final approval. Mr. Mickelson again suggested that a sprinkler system be installed in the entire
building.
A Motion was made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using a
standard form #10 that the Site Plan proposed by Northside Baptist Church at 7965 Oswego Road
at Gettman 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 Jim Sharpe to adopt a resoultion using standard
form # 20 for Site Plan approval based on a map by Associated Architects dated 7/27/2006 last
revised on 9/13/2006 based on the following conditions:
1. If the parking is inadequate, the applicant will provide additional on site parking.
2. Subject to Legal and Engineering approvals.
Motion Passed 7-0
Old Business: Hearings Closed
06-4-10 AJM Management (3) Site Plan, south side of West Taft Road, 1000 feet west of
Buckley Road in the North Medical Center Campus (Kinney Drugs)(Adjourned from 2
previous meetings) John Murphy was present for the applicant.
Chairman Lepkowski stated that the board had gone on the assumption that the Road would be
private. The Town Board wants the road to be publice . The Town Board approved a drive-in service
on 8/21/2006
The applicant has added stone and brick pillars. In addition, brick has been added to the back of the
building.
Chairman Lepkowski stated that he was concerned with the left turns or people exiting. Mr. Murphy
stated that the drive will have a 60' right of way and that the drive will be 230' to accommodate 18
wheelers. Chairman Lepkowski stated that unless the size of the building is significantly reduced
there would not be much usable space for parking , road or landscaping.
Ron Detota suggested a change in the road. Chairman Lepkowski is concerned that traffic would
bottle up with the proposed plan with the road just 30' from the four way stop. Karen Guinup was
concerned that the road should service the entire campus. Chairman Lepkowski suggested that
perhaps the store could be moved around to switch the front to the back and the back to the front.
Mr. Johnson stated that Kinneys wants to be there more than the Town wants them there especially
with the new Walgreens moving in.
There was a lengthy discussion on how the driveway could be configured so that no left turn could
be made and the traffic would circulated in one direction making the lot less hazardous.
It was decided:
• The beginning part of the road should be constructed as a Town Road and that the remaining part would not be constructed until such a time as the Hafner property is developed
• The Preliminary Plat will be divided into lot 6a, 6b, 6c
• There will be section 1 for Final Plat 6a
• Three hundred feet of the road should be dedicated to the Town
• A circle or culd-a-sac would be built to allow for plowing
• If Lots 6a or 6c are built the road will need to be constructed and built to Town specifications.
Landscaping was discussed and it was decided that two trees would be planted between each light
pole. Mr .Murphy asked what Site Plan approval was contingent upon. Ron Detota mentioned that
there exists engineering time that require review and approval.
Chairman Lepkowski suggested they take a vote on the Site Plan approval with a contingency.
Bruce Johnson stated that he was not comfortable with this and suggested that a vote be taken.
Chairman Lepkowski agreed that there were enough loose ends that a straw poll be taken. The vote
went as follows: Casey Jordan - Yes
Karen Guinup - Yes
Bruce Johnson - No, because he feels that the proposed building was too large for the site
Walter Lepkowski - Yes
Allen Kovac - Yes
John Dougherty - Yes
Jim Sharpe - Yes
The applicant will return on September 27, 2006 after addressing the following concerns -traffic
flow, turn around access for trucks and emergency vehicles, drainage and easement changes, signage
- “No Left Turn ” exiting and “Do Not Enter”. Also additional landscaping and the cul-de-sac needs
to be shown on the map.
A motion was made by Casey Jordan, seconded by Karen Guinup to adjourn the Preliminary Plat
Hearing until September 27, 2006.
Motion Passed 7-0
A motion was made by Casey Jordan, seconded by Karen Guinup to adjourn the Site Plan matter
until September 27, 2006.
Motion Passed 7-0
New Business: NONE
Old Business : Special Permit Recommendation
06-5-3 Syracuse SMSA Limited Partnership d/b/a Verizon Wireless, between Gaskin Road and
Oswego Road, approximately 800' south of Linda Lane - Public Utility Special Permit,
Recommendation to Town Board (Form 2 previous meetings) The applicant wishes to table this request for now.
06-5-9 Syracuse SMSA Limited Partnership d/b/a Verizon Wireless, 8313 Henry Clay Blvd. -Public Utility Special Permit, Recommendation to Town Board (Form 2 previous meetings)
Daniel Silber, Kathy Pompunio and Coleman Burke from Verizon Wireless were present for the
applicant.
The applicant wants to build a cell phone tower on Henry Clay Boulevard along Route 481.
Casey Jordan asked if the proposed cell phone tower would be self collapsing. Daniel Silber assured
the board that the tower would fall within its boundaries.
Bruce Johnson asked if there was an advantage to increasing the height of the tower. Daniel Silber
stated that they would not build the tower any higher than necessary.
Chairman Lepkowski asked if the applicant had access to the existing cell phone tower at Market
Fair. Mr. Silber indicated that they did not have access to that tower, that the closest one was on
VerPlank Road.
Chairman Lepkowski stated that perhaps higher tower might not be as effective as building two
lower towers. Mr. Silber stated that the cell phone coverage is like a flash light theory, the higher up
the broader the beam of light.
A motion was made by Bruce Johnson, seconded by Jim Sharpe recommending to the Town Board
that the Public Utility Special Permit for Syracuse SMSA Limited Partnership d/b/a Verizon
Wireless at 8313 Henry Clay Boulevard be APPROVED.
Motion Passed 6-1
Chairman Lepkowski voting no as he felt the applicant did not provide sufficient information
regrading capacity issues and recommending to the Town Board consider a monopole at a lower
height.
Coachman’s Crossing, Section 6- Final Plat Application
The applicant is requesting Final Plat approval to combine 3 lots into 2. There are no drainage
issues.
A motion was made by Casey Jordan, seconded by John Dougherty to adopt a resolution using
standard f0rm #40 granting Final Plat approval to Mufale Builders Inc. based on a Map by Ianuzi
and Romans, PC having a file number 275.015 dated June 9, 2006 subject to all Legal and
Engineering approvals.
.
Motion Passed 7-0
Adjourn Meeting
A motion was made by Karen Guinup, seconded by Jim Sharp to adjourn this meeting until
September 27, 2006.
Motion Passed 7-0
Meeting Adjourned at 2:08 am.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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