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Town
of Clay
Approved
Planning Board Minutes
January 10, 2007 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 10th day of January, 2007. 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
John Dougherty Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Mary Moskowitz Planner
Jill
Hageman-Clark Planning Board Secretary
Organizational Items for 2007:
A Motion was made by Bruce Johnson, seconded by Allen Kovac to designate Walter Lepkowski
as Chairman for 2007.
Motion Passed 6-0
A Motion was made by Bruce Johnson, seconded by Karen Guinip to designate Jill
Hageman-Clark as Planning Board Secretary for 2007.
Motion Passed 6-0
A Motion was made by Karen Guinip, seconded by John Dougherty to designate C&S Engineers as
Planning Board Engineers for 2007.
Motion Passed 6-0
A Motion was made by Bruce Johnson, seconded by Karen Guinip to designate Scott Chatfield as
Attorney for the Planning Board for 2007.
Motion Passed 6-0
A Motion was made by Allen Kovac, seconded by James Sharpe to designate that Planning Board
regular meetings will be held on the second and fourth Wednesday of each month commencing at
7:00 p.m. with a pre-meeting and the public meeting to begin at 7:30 p.m., as scheduled on the
Planning Board 2007 calendar dated December 12, 2006.
Motion Passed 6-0
Approval of Minutes:
Motion was made by James Sharpe, seconded by John Dougherty to approve the minutes of
December 13, 2006.
Motion Passed 6-0
Informational Presentations:
Cherry Estates Pumping Station
Ken Knutsen, P.E. of Barton and Loguidice, and Nick Caposa were present for Onondaga County.
The County is proposing a prefab structure on a minimal foundation to house the expansion for the
Pump Station at Cherry Estates. The Town Board has requested a recommendation on this matter
from the Planning Board.
Ken Knutsen stated that this would be a residential appearing structure with a paved drive. The
County is proposing to replace the current 6 foot wood fence with an 8 foot stockade fence to assist
in the reduction of noise. In addition there would be a chain link fence on the side. The generator
would be run monthly for about one hour during regular business hours.
Chairman Lepkowski asked if there is currently a generator at the pumping station and if this is the
quietest pump available. Mr. Knutsen stated that there was not a generator. Nick Caposa stated that
there are quieter generators but it would be more expensive and less effective. There was a
discussion about the sound levels from the generator. Chairman Lepkowski asked about the
possibility of soundproofing the inside of the structure. He stated his concerns with regards to the
closeness to the residential homes.
Chairman Lepkowski asked why the structure would be built so close to the street. Mr. Knutsen
stated that the County would be able to use as much of the current structure as possible. In addition,
if the new building were at the rear of the site, it would be difficult for trucks to perform
maintenance. Bruce Johnson stated that some pine trees along the stockade fence would make the site more
attractive as well as providing some possible sound barrier for the neighboring residences.
Chairman Lepkowski stated that there needs to be some landscaping in the front of the lot as well.
Mr. Knutsen stated that the Town Board asked about improving the roofline. Karen Guinip stated
that she felt that the roof should compliment the surrounding townhouses.
Mr. Knutsen agreed that they would try to set the building back 5-6 feet and add shrubbery for
aesthetics and soundproofing.
Chairman Lepkowski stated that the Planning Board preferred the brick housing unit, with a peaked
roof and additional landscaping.
Public Hearings:
06-10-7 Family Video Movie Club (3) Site Plan, 7666 Morgan Road
Ed Martin, Todd Best and Phil Walker were present for the applicant.
The applicant is proposing to remove the existing 1600 square foot building at the corner of Buckley
Road and Morgan Road to build a 4,950 square foot building to be used as a video store. The
applicant would pave a new parking lot with 34 spaces and 2 handicap spaces. The applicant is also
proposing extensive landscaping.
Chairman Lepkowski stated that he had some concerns regarding the size if the proposed building
and the number of variances needed. The Chairman asked how large the structure would be without
the variances. Mr. Martin stated that the building would only be about 3000 square foot. He also
stated that the proposed 4,950 square foot building would be one of the smaller stores. Chairman
Lepkowski stated that perhaps this site is too small for this project.
Ed Martin stated that the building would have a brick facade with a metal roof , like the credit union
across the street. There was a discussion regarding a fence and an enclosure for the dumpster, both
of which the applicant was willing to work with the board on.
Bruce Johnson stated that we have an Adult Use ordinance in the Town of Clay and asked if there
would be adult videos. The applicant stated that they would not.
There was a lengthy discussion about the dumpster location. The applicant indicated he would move
the dumpster closer to the building. Chairman Lepkowski asked about lighting. Mr. Martin stated that the lighting would be on the soffit
in wall packs, in addition there would be a large frosted light holding up the awning.
Chairman Lepkowski stated that he would like to see the sign would on the site plan. Bruce
Johnson stated that he would like to have the location indicated as well.
Chairman Lepkowski asked if there were any questions from the audience.
Russ Mitchell asked about peak time. Mr Martin stated that the busiest time was from 7-9 pm.
Ron Detota stated that there are no engineering concerns at this time.
Bruce Johnson asked what the hours of operation would be. The applicant stated that the store
would be open from 10:00 am to Midnight.
The applicant was also informed that the Fire Marshall noted that no access doors were shown. The
applicant stated that this will be corrected.
Chairman Lepkowski stated that he would leave this public hearing open and that the applicant
should return on February 14, 2007, after meeting with the zoning board on February 12, 2007.
A Motion was made by Karen Guinip, seconded by John Dougherty to adjourn this Hearing until
February 14, 2007.
Motion Passed 6-0
06-12-1 MS Consultants (3) Site Plan, 3955 (3965) State Route 31, Wegmans Shopping Plaza.
A representative was present for the applicant
The applicant is proposing to change the facade of the vacant Chase Pitkin building at 3955 State
Route 31 to Rooms Today (a furniture store).
The applicant would install windows and change the color of the exterior. The applicant would be
leasing the 74,000 square foot space, from Wegmans.
John Dougherty asked what the applicant would do with the fenced area. The applicant stated that
they would not be leasing that.
Chairman Lepkowski stated that he was concerned with the silver canopy.
Chairman Lepkowski asked if there were any questions from the audience. Hearing none, he closed
the Public Hearing.
A Motion was made by Karen Guinip, seconded by Bruce Johnson to adopt a resolution using
standard form # 10 that the Site Plan proposed by MS Consultants for a furniture store in the existing
building at 3955 State Route 31, be declared a negative declaration as there appears to be no
environmental impact which could not be mitigated and does not involve any other agencies
including the Federal Government.
Motion Passed 6-0
A Motion was made by Karen Guinip, seconded by Bruce Johnson to adopt a resolution using
standard form #20 granting Site Plan approval to MS Consultants located at 3955 State Route 31,
based on a map by Freeland and Clinkscales, dated 6/30/06 having a file number 08606 subject to
all Legal and Engineering Approvals.
Motion Passed 6-0
06-12-2 Mark Emmi Zone Change Recommendation, RA-100 to R-15.
Hal Romans was present for the applicant.
The applicant is proposing a zone change from RA-100 to R-15. The applicant wishes to divide the
parcel into three lots. 12.3 acres would be farmed, the applicant’s son would build a house on 1.6
acres and the remaining lot contains an existing house.
The applicant is allowing 60 feet for road access. There was a discussion regarding future access
from Princess Path.
Chairman Lepkowski asked if there were any questions from the audience. Hearing none he closed
the Public Hearing and stated that the Planning Board would make a recommendation at a later date.
Old Business: Adjourned Hearings
06-4-1 Jon Burdick (1) Site Plan, 8481 Oswego Road (Adjourned from 10 previous meetings)
The applicant requested an adjournment.
A Motion was made by James Sharpe, seconded by Allen Kovac to adjourn this Hearing until
January 24, 2007.
Motion Passed 6-0
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 6 previous meetings)
The applicant requested an adjournment.
A Motion was made by John Dougherty, seconded by James Sharpe to adjourn this Hearing until
February 28, 2007.
Motion Passed 6-0
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.
Kate Johnson attorney for COR Development was present for the applicant.
Kate Johnson discussed the drainage easements. Ron Detota stated that the easements were
compliant.
There was a discussion on how the southern parcel could access have to Ver Plank Road. Scott
Chatfield recommended that the applicant consider continuing Laser Drive to connect with VerPlank Road. Ms. Johnson stated that this was not an option at this time. Mr. Chatfield then
suggested that perhaps the applicant could negotiate a 60 foot right-of -way easement to follow the
sewers to VerPlank Road. Chairman Lepkowski agreed that the applicant should negotiate with the
applicant to allow access to Ver Plank Road. Kate Johnson explained that lot 10 is not available for
purchase, and it is her understanding that the applicant did try to gain access.
Scott Chatfield recommended that the access be a condition of the Preliminary Plat approval.
Chairman Lepkowski asked if there were any questions. Hearing none, he closed the Public Hearing
and asked for a SEQR determination.
A Motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard
form # 10 that the Preliminary Plat proposed by COR Laser Drive Company LLC, on the south side
of Ver Plank Road be declared a negative declaration as there appears to be no environmental impact
based on the following condition; Lot 10 provide a minimum 60 foot right-of-way which would
provide access to VerPlank Road from Lot 11 because the potential for significant adverse
environmental impact could occur from Lot 11 accessing Route 31 exclusively.
Motion Passed 6-0
A Motion was made by Bruce Johnson, seconded by Allen Kovac to adopt a resolution using
standard form # 30 to grant Preliminary Plat approval to COR Laser Drive Company, LLC , on the
south side of Ver Plank Road based on a map by CNY Land surveying dated 4/23/06; last revised
1/8/07, subject to the following conditions:
1. Lot 10 providing access for the benefit of Lot 11 to VerPlank Road.
2. Subject to Legal and Engineering Approvals.
Motion Passed 6-0
06-6-6 Ozzula Ent. Inc. (3) Site Plan - 8324 Oswego Road, next to Wilson Farms (Adjourned
from 5 previous meetings) (NAPA store)
The applicant requested an adjournment.
A Motion was made by Bruce Johnson, seconded by John Dougherty to adjourn this Hearing to
January 24, 2007.
Motion Passed 6-0
06-8-5 Niagara Car Wash Inc. (3) Preliminary Plat -3567 and 3571 State Route 31 (2 lots)
(Adjourned from 3 previous meetings)
06-8-6 Niagara Car Wash Inc. (3) Site Plan - 3567 and 3571 State Route 31 (Adjourned from
3 previous meetings)
The applicant requested an adjournment for both cases.
A Motion was made by James Sharpe, seconded by John Dougherty to adjourn both cases until
January 24, 2007.
Old Business: Hearings Closed
NONE
New Business:
06-10-4 Alberici & Sons, Inc. - Final Plat Willow Stream Wood, Sec, 10
Hal Romans, Ianuzzi and Romans PC, was present for the applicant.
C&S Engineers sent a letter stating that the applicant was in compliance with Town of Clay
standards.
A Motion was made by Karen Guinip, seconded by Bruce Johnson to adopt a resolution using
standard form # 40 granting Final Plat approval to Alberici & Sons, Inc, located at Willow Stream
Wood Section 10 based on a map by Ianuzzi and Romans, dated 2/20/03; revised 4/21/06 having
a file number 488.007 subject to Legal and Engineering approvals.
Motion Passed 6-0
06-10-5 Nicolino Paduano - Final Plat Patricia Manor, Section C
Hal Romans, surveyor for Ianuzzi and Romans was present for the applicant.
The applicant is proposing a cul-de-sac at the end of Windsor Drive North for the purpose of a turn
around.
Allen Kovac stated that the proposed cul-de-sac is longer than the 500 foot recommended.
John Dougherty asked if the fire department had checked on the access. Mr. Romans stated that the
culd-a-sac is to town standards.
A Motion was made by Allen Kovac, seconded by John Dougherty to adopt a resolution use standard
from #40, granting Final Plat approval to Nicolino Paduano located at Patricia Manor Section C
based on a map by Ianuzzi and Romans dated 8/8/05; revised 7/6/06, having a file number 727.008.
Motion Passed 6-0
06-11-01 Kelly Tobin Development Corp. - Final Plat Lawton Valley Hunt, Sec. 14
Kevin Berry and Hal Romans, surveyor for Ianuzzi and Romans was present for the applicant.
The applicant is still in the process of receiving New York State DOT approval for the extension of
Lawton Road. The applicant stated that they have submitted a conceptual plan to the NYSDOT in
May or June and have not heard anything yet.
The applicant stated that the State has agreed to install a traffic light at the intersection of Lawton
Road and Route 31, however the DOT are requiring the developer to add turn lanes for access onto
Lawton Road and Legionnaire Drive.
Ron Detota stated that the applicant was in compliance with regards to engineering matters.
A Motion was made by Bruce Johnson, seconded by Karen Guinip to adopt a resolution using
standard form # 40 granting Final Plat approval to Kelly Tobin Development Corp at Lawton Valley
Hunt Section 14 based on a map by Ianuzzi and Romans dated 6/22/06; last revised 11/27/06 having
a file number 1774.004 subject to the following conditions:
1. Subject to all Planning Board Legal and Engineering approvals.
Motion Passed 6-0
Signs
Jit Turakhia - Seneca Mall (8132 Oswego Road) Permit # 38,674
Jit Turakhia presented.
The applicant is requesting to change a preexisting wooden sign from 1987. The new sign would
be the same size, 88 square feet (20' 7 feet high by 11' 2 feet wide at the top). The sign requirements
for this parcel are not to exceed 64 square feet.
Chairman Lepkowski asked how many tenants there are currently, there are seven spaces on the
proposed sign. Mr. Turakhia stated that there are six with one vacancy.
There was a discussion regarding how to reduce the size of the sign. Mr. Turakhia stated that he
would send in a revised sign application to Mary Moskowitz.
Adjourment:
A Motion was made by Bruce Johnson, seconded by Allen Kovac to adjourn this meeting.
Motion Passed 6-0
Meeting Adjourned at 11:12 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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