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Town
of Clay
Approved
Planning Board Minutes
October 24, 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 the24th day of October, 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
Hal Henty
Member
Scott Chatfield
Planning Board Attorney
Ron DeTota
C&S Engineers
David Balcer
Town Planner
Mark Territo
Commissioner of Planning and
Development
Jill Hageman-Clark Planning Board Secretary
Minutes of Previous Meeting
A motion was made by Hal Henty, seconded by James Sharpe to approve the minutes of the previous meeting.
Motion Passed 7-0
Public Hearings:
2007-5-1 Liverpool Congregation of Jehovah’s Witnesses, c/o Scott Mitcham (3)
Site Plan – 7332 Buckley Road (Liverpool Kingdom Hall)
Richard Bove, Licensed Engineer for the applicant was present for the applicant.
The applicant is proposing an addition that would improve handicap accessibility. They would add a carport, handicap accessible restrooms, including a family assist room, new lobby and library. There would also be an outbuilding that will house snow removal and lawn equipment. There will be aisle space for handicapped parking. The paving will extend to the rear and west with sewers to the south. The applicant is proposing a one-way traffic flow with separate areas for entrance and exit. The applicant stated that the Onondaga County planning Board’s recommendation stated that they are agreeable to the easements and egress and ingress.
Chairman Lepkowski stated that the County Planning Board stated that the Town could act solely on its own. The chairman also asked about the dimensions and what percent the expansion would be. The applicant said that the addition would be 25%.
Ms. Guinup asked about the required number of parking spaces in comparison to the number proposed. Mr. Balcer stated that there are 43 required and actually 48 standard with 3 handicapped.
Mr. Sharpe asked about the garage. The applicant said that it will be a single car size width, 18’x 26’ and 14’ high at the peak. He stated that it will be constructed of vinyl siding with stone accents and will blend with the existing structure.
Mr. DeTota stated that he was aware of flooding from Millbrook Creek and pointed out that there is no grading shown on the plan. He recommended a 20’ drainage easement on each side of the centerline of the creek. The applicant was receptive.
There was a discussion about the connectivity to the adjacent property at 7332 Buckley Road. . Chairman Lepkowski suggested that the applicant does not stripe this for parking. The applicant said that the insurance company wants this connection closed off. David Balcer was going to research the prior records regarding connectivity.
Mr. Balcer stated that the applicant needs to show one-way traffic flow as well as one-way signs at Buckley Road, in addition the driveway by the carport needs 20’ drive aisle to the North of it. Mr. Balcer concluded by directing the applicant to work with Mr. DeTota.
A motion was made by Karen Guinup, seconded by James Sharpe to adjourn this public hearing until November 14, 2007.
Motion Passed 7-0
2007-9-1 John Simms (3) Preliminary Plat – 10159 Black Creek Road (one lot into two lots)
John Simms was present.
The applicant is proposing to divide one lot into two. He would build a small home on the property closest to the road. Mr. Simms stated that his son will live in the other house and he would like to be closer to the road so that it is easier for him to maintain.
There was a discussion about an easement through the lot. The applicant needs 60’ right-of-way. The Onondaga County Planning Board recommends that there be no direct access to Black Creek Road. Access from lot 1 (flag lot) uses the existing right of way and the applicant must label the map indicating so. Additionally any proposed or improved septic must be approved by the county planning board.
Ms. Guinup reiterated that the applicant would need to go to County Health for septic system approval. The applicant concurred.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using a standard form 10 that for SEQR purpose for the Preliminary Plat to John Simms of 10159 Black Creek Road be declared a negative declarations 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 John Dougherty to move to Final Plat approval.
Motion passed 7-0
A motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard form #40 granting Final Plat approval subject to the following conditions:
1. The applicant apply for and pay fees for final plat approval.
2. All legal and engineering approvals.
Motion Passed 7-0
Old Business: Adjourned Hearings
2007-4-1 Prime Management, Attn: Dean DeVito (3) Site Plan, located between Route 31 and Mendenhall Drive on the northeast side of Oswego Rd. (Rte 57) (Adjourned from 4 previous meetings
The applicant requested an adjournment.
A motion was made by Allen Kovac, seconded by John Dougherty to adjourn this Public Hearing until December 12, 2007.
Motion Passed 7-0
2007-4-3 Brooks – Eckerd Pharmacy (3) Site Plan, 7245 Henry Clay Blvd. (Adjourned from 6 previous meetings)
Hal Romans, surveyor with Ianuzzi and Romans, was present for the applicant.
Mr. Romans stated that he had been meeting with the Army Corps. of Engineers to modify the previous site plan. Mr. Romans stated that Planning Board issues have been addressed and would like to review it at the next meeting, after the board has the opportunity to go over it. Additionally, Mr. Romans stated that he had met with Maggie Crawford of The Army Corps. of Engineers and she has written a letter approving this project. Mr. DeTota said that he would comment at the next meeting.
A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this Public Hearing until November 14, 2007.
Motion Passed 7-0
2007-5-2 ABC Estates, a New York Partnership (3), Site Plan- 7274 Henry Clay Blvd. (Adjourned from 4 previous meetings)
Hal Romans, surveyor with Ianuzzi and Romans was present for the applicant.
Mr. Romans stated that he would be meeting with Mr. DeTota to go over this Site Plan request.
A motion was made by Allen Kovac, seconded by Hal Henty to adjourn this Public Hearing until December 12, 2007.
Motion Passed 7-0
2007-6-3 Thomas Hafner (3) – Site Plan, 5224 W. Taft Road (Adjourned from 2 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that the applicant would close the existing driveway. The applicant met with Jim Stelter. Mr. Stelter suggested that the applicant close the entrance and add landscaping. Mr. Romans said that all of the concerns have been addressed except that they do not have the signed agreement between Mr. Thomas Hafner and his cousin, chuck Hafner, as requested by the board. Mr. Romans did remind the board that the two have a five year lease with a five year renewal. Mr. Chatfield stated that he still needs a signed agreement.
Mr. Romans outlined the landscaping plan. This includes low-lying shrubbery with dwarf burning bushes, perhaps some juniper. The chairman asked about the possibility of a raised bed. Mr. Romans stated that the bed would be raised about two feet. Mr. Kovac asked about curbing. Mr. Romans stated that there would not be additional curbing.
Ms. Guinup asked about the color scheme, stating that the building is currently an eyesore.
Mr. Johnson asked about the dumpster. Mr. Romans stated that the dumpster would be located behind the building as shown previously.
Mr. Dougherty said that it looked like there would be 160 parking spaces. He asked how many are required. Mr. Romans said that 90 would be required. Ms. Guinup added that there are presently 148. Mr. Dougherty suggested that perhaps the applicant could sacrifice some parking for additional landscaping.
There was a discussion about reducing non-conforming parking and the possibility of purchasing additional land for parking as well as the reconfiguration of the lot.
Again the discussion returned to the agreement between Thomas and Chuck Hafner and the pending lease for the parking lot area. Mr. Chatfield said that the lease should be in perpetuity, not 5 year with a 5-year renewal. Mr. Chatfield was concerned as to what would happen at the end of that time.
Mr. Romans stated that at that time if the applicant should lose his lease, he would be in violation of the code. Mr. Johnson stated that he feels comfortable with the application further stating that it may be added that if the applicant loses his lease that he would be in violation of the code and that the applicant would have to return or reduce the size of the business. Mr. Henty and Ms. Guinup agreed with Mr. Johnson suggesting that a clause stating such be attached.
A motion was made by Bruce Johnson, seconded by Hal Henty granting site plan approval to Thomas Hafner for the property located at 5224 W. Taft Road, based on a map by Ianuzi and Romans dated 5/25/2007 last revised 10/18/2007; file # 2733.003 be approved subject to the following conditions:
1. That the applicant understands that if he loses any parking that he would be in violation.
2. The planning board acknowledges that a substantial portion of the parking is leased to the applicant. Planning Board requires parking within 500’. The planning board is willing to approve this site plan with only a 5 year lease on the express understanding that should the applicant lose the right to use the Charles Hafner property, he will be in violation of the code and this site plan approval would be null and void, furthermore the town would have the right to initiate such enforcement preceding as in its judgment are appropriate.
3. All legal and engineering approvals.
Motion Passed 6-1
Chairman Lepkowski was opposed because he felt that the board should see the parking agreement prior to approval.
2007-8-1 Suburban Square I.N.C. / Salvatore Casale (3) – Site Plan, 7990 Oswego Road (Adjourned from 3 previous meetings)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by Karen Guinup to adjourn this Public Hearing until January 23, 2008.
Motion Passed 7-0
2007-8-2 David N. Charron (3), Site Plan – 5332 NYS Route 31 (Adjourned from 1 previous meeting)
The applicant withdrew his application.
2007-8-9 Truax & Hovey (3), Site Plan – 4483 Buckley Road (Adjourned from 1 previous meeting)
The applicant requested an adjournment.
A motion was made by Karen Guinup seconded by James Sharpe to adjourn this Public Hearing until November 14, 2007.
Motion Passed 7-0
2007-8-6 Diane Blanchfield, Special Permit Advisory Referral – Morgan Road (north of Rt. 31) (Doggy Paddle Ranch) (Adjourned from 1 previous meeting)
Rod Ives was present for the applicant.
The applicant is proposing a doggie daycare to be located on Morgan Road, north of Route 31 and they are looking for a referral from the Planning Board to the Town Board.
Mr. Ives stated that they had conducted an abbreviated traffic analysis. There was a lengthy discussion about the number of cars that travel that area of Morgan Road. Mr. Ives said that the County D.O.T. considers this road to be a level C road.
Mr. Ives stated that the cleansing agents would be “Wisy Wash’ a chlorine solution that is biodegradable. The solution would be rinsed off and drain to a holding tank o it would not destroy the bugs in the septic. Mr. Ives said that it was approximately the same strength as chlorine for the pool. Mr. Henty asked if it would drain into the wetlands. Mr. Ives indicated that it would not adding that it would first go into a sand filtration which would remove the solid waste into a collection pipe prior to be dispersed into the ground. Mr. DeTota asked if there would be a monitoring system. Mr. Ives said that he could discuss that with his client. There was more discussion about the sanitation.
Mr. Johnson asked about the potential noise stating that he felt that the location should be more rural.
Chairman Lepkowski reminded that this is an open Public Hearing and asked if there were any questions. Cindy Redhead a neighbor said that she could hear noise from the kennel located down the road from her. She also stated her concerns with the traffic. Ms. Redhead spoke of her concern for preserving the hamlet of Euclid.
Cheryl Parsons, a neighbor also had concerns about the preservation of the area, further noting that she is a volunteer with the historical association. Mr. Balcer reminded that the parcel of land could be developed as housing and that, too, could change the character area.
Ms. Guinup asked what hours the dogs would be outside. Mr. Ives said that there would be outdoor playtime from 9-11:30am and 1-3pm.
The chairman asked for Recommendation.
A motion was made by Karen Guinup, seconded by James Sharpe using form #50 modified
For Planning Board case 2007-8-6, recommending to the Town Board that this application for a special permit be granted and the concern for noise would not impact the area as the dogs would only be outside for 2 hours in the morning and 2 hours in the afternoon.
The chairman said that he would like to conduct a straw poll.
Hal Henty – No because he was concerned with the amount of noise that 100 dogs may generate.
Karen Guinup – Yes for the reasons stated.
Bruce Johnson – No because the Euclid area should be preserved as it is one of the few hamlets left. Mr. Johnson said that he liked the idea but felt that it would better serve in a more rural area.
Chairman Lepkowski – Yes because the area is surrounded by some Commercial and Governmental zoning and the applicant indicated that the noise can be mitigated.
Allen Kovac – No because this area is historically residential and agricultural and in respect for the existing residents. Furthermore, the town of Clay is large enough for another location for this application.
John Dougherty – No because it is the wrong area.
James Sharpe – Yes because you will always hear some noise and do not think that it will detract from the Euclid area.
Motion Failed 4 –No’s to 3 – Yes’s
Old Business: Hearings Closed
NONE
New Business:
NONE
ADJOURN MEETING
A motion was made by Allen Kovac, seconded by Bruce Johnson to adjourn this Public Hearing.
Motion Passed 7-0
Meeting adjourned at 11:15 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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