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Town
of Clay
Approved
Planning Board Minutes
December 12, 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 12th day of December, 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 James Sharpe, seconded by Karen Guinup to approve the minutes of the previous meeting.
Motion Passed 7-0
Public Hearings:
2007-9-5 Skyline Management and Development Co., LLC –Zone Change Recommendation, LuC-2 to NC-1, 7558 Oswego Road (Walgreen’s)
Chris Annaher Attorney, Alex Wisniewski LGR Engineering and Joe Kane of Skyline Management were present for the applicant.
The applicant is requesting a zone change for the .89 acre property located directly across from Elmcrest Road. The zone change would combine the property that the Friendly’s Ice Cream store is currently using as well as the lot housing the chiropractors office each being .9 acres for a total of an 1.8 acre lot.
A traffic study was done at the request of the Onondaga County Planning Board. In addition the applicant is proposing one curb cut instead of the three that currently exist. The applicant stated that the North East corridor study recommends that there should not be separate development. In addition there would be a minor increase in trips but should not impose a negative impact on the traffic.
Mr. Wisniewski further explained that the property drains to the south and the parking meets code. Mr. Wisniewski said that he has approached other property owners to combine access. He also suggested that if it pleases the Planning Board that the applicant would reduce the amount of parking to increase the amount of green area. The proposed structure would be constructed of brick with limestone accents.
Chairman Lepkowski stated that he had not reviewed the traffic study. He also mentioned that he had received a letter from Mike Banks, president of the Bayberry Community Association, outlining the concerns of the residents on Bayberry Circle.
The chairman then asked about the hours of operation. The hours would be from 7:30 AM to 9:00 PM Monday through Saturday and 9:00 AM to 6:00 PM on Sundays. Mr. Henty asked the applicant if this would be a 24 hour store. The applicant said that perhaps at a later time. Mr. Dougherty asked if the applicant might consider a smaller building. The applicant said that they would discuss that possibility.
Chairman Lepkowski stated that this is a Open Public Hearing and asked if there were any questions.
Ken Barrows of 14 Bayberry Circle stated that he was against any project that begins by requiring variances.
Mark Lawson of 22 Bayberry Circle was in favor of the ‘patchwork of zones’ because it prevented large development and wants the area to be developed ‘smartly’.
Kevin Berry of Jonquil Lane spoke in favor of this project stating that he would like to see the town progress.
Russ Mitchell was against this application and mention that there are several drugstores in the area. Mr. Johnson reminded that the application is for a zone change and it can not be denied per use. Mr. Chatfield agreed.
Joyce Cerrito of Bayberry Circle said that she was concerned that NC-1 would not be an appropriate zone for this residential area because the yards are not deep enough on Bayberry Circle. Ms. Cerrito stated that the petition presented is signed by the neighbors directly adjacent to the property. She also stated that the businesses on Route 57 are predominantly utilized by Bayberry residents. She encouraged the board to consider the needs of the community keeping in mind, noise and lighting concerns for those directly affected.
Dr. Steve Klink of Family Chiropractic North stated that only a small % of his practice’s patients are from the Bayberry community, and that Route 57 serves many areas.
Mr. Johnson asked about the possibility of reducing the size of the store therefore eliminating the need for the perimeter buffer variance. Mr. Dougherty asked if the applicant would still need three additional variances. He would.
Michael Harrington stated that he was in favor of the application and that combining the two parcels would mitigate many of the residents concerns. He further stated that the Walgreen’s would reduce noise and traffic especially on a summer night.
Joyce Cerrito again stated that the lots were not deep enough for this zone change.
Mr. Kovac asked the applicant if Walgreen’s would consider a Site Plan that would not require any variances. Mr. Kane stated that he would talk to Walgreens and try to accomplish this if that is what the board requires.
A few other residents stated their concerns and or disappointment with Friendly’s moving. There was a discussion about the corridor study and whether or not it is stated that the commercial development on Route 57 would be restricted.
Chairman Lepkowski asked if there were any more comments. Hearing none he closed the Public Hearing and stated that the Planning Board would make a Recommendation at a later date.
2007-10-2 Horn Companies – Special Permit Advisory Referral, Kimbrook Plaza, Oswego Road
Peter Crissey of Crissey Architectural was present for the applicant.
The applicant is proposing a freestanding kiosk for an ATM. The ATM would be in operation 24 hours a day. Mr. Crissey stated that the plaza would lose 20 parking spaces for this development however this would have no impact on the parking situation.
Ms. Guinup stated that there is inadequate lighting on the lot. Tom Hornstein, owner of the plaza stated that the lighting meets the maximum requirements set by this board.
Mr. Henty inquired as to why the location was not closer to a 24-hour business. Chairman Lepkowski asked if there would be additional curbing. The applicant indicated that there would be curbing added. There was a discussion about the roadwork that was supposed to be done when the Tractor Supply Store was completed. The applicant stated that it would be completed in the spring. Mr. Chatfield pointed out that the owner couldn’t proceed with this Site Plan until the previous Site Plan is completed. Mr. Chatfield asked the applicant had security been posted to guarantee that the other work would be completed. Chairman Lepkowski said that a recommendation could be made that a bond be posted.
Mr. Johnson asked if the banking Commission had any say about the location of the kiosk. Mr. Crissey said that they are only concerned with the lighting.
Chairman Lepkowski asked if there were any more questions, hearing none he closed the Public Hearing and asked for a recommendation.
A motion was made by Karen Guinup, seconded by Hal Henty to recommend to the Advisory Board that this application for a Special Permit be Disapproved for the following reasons:
1. The kiosk and curbing are placed for the future road not the current configuration making this Site Plan invalid.
Chairman Lepkowski asked for a Roll Call vote, it went as follows:
James Sharpe - No Motion for approval based on the completed – could be addressed on engineering.
John Dougherty – No In favor of a performance bond.
Allen Kovac - No Agrees with Mr. Dougherty and Mr. Sharpe adding that the project should be completed in a timely fashion.
Chairman Lepkowski – No In favor, applicant will reconstruct the road with the completion of the kiosk.
Bruce Johnson – No for all of the afore mentioned reasons.
5 No/ 2 Yes - Motion Failed
A Motion to Recommend Approval conditional upon rebuilding the road as shown on the plan was made by Bruce Johnson, seconded by James Sharpe, – Motion and Comments to be submitted to the Town Board.
Motion Passed 5-2
2007-10-3 Affordable Senior Housing Opportunities of NY – Zone Change Recommendation, RA-100 & R-10 to R-Apt, corner of Bear & Davis Road
The applicant requested an adjournment to January 9, 2007.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn this Public Hearing until January 9, 2007.
Motion Passed 7-0
2007-10-6 KRSM LLC (3) - -Site Plan, 4583 Buckley Road
Paul Anderson of Anderson Barney of Real Estate Management was present for the applicant.
The applicant is proposing a security fence, overhead door and gravel parking lot for this outside storage area. The door will be grade level. The parking lot is a 25,000 square foot stone lot. The proposed fence will be 175 feet long. Chairman Lepkowski asked what the purpose of the fence is. The applicant stated the fence is to reduce theft and provide screening.
The applicant said that he had met with Ron Detota to discuss the drainage and the amount of parking that exceeds the required amount. Mr. Detota agreed that the gravel would be more permeable than pavement therefore having less impact on the stormwater run off.
Chairman Lepkowski asked if there were any questions, hearing none he closed the Public Hearing. There was a discussion as to if there needs to be a SEQR determination. The Chairman stated that because this is a type 2 minor modification there is no need for a SEQR.
A motion was made by Karen Guinup, seconded by John Dougherty using standard form # 20, granting Site Plan approval to KRSM for the property located at 4583 Buckley Road, based on a map by St. Germain and Aupperle Consulting dated 06/01/2007; last revised 12/12/2007 file # 07-2781 and that there does not need a SEQR as it will be a type 2 minor modification.
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
No one was present for the applicant.
A motion was made by James Sharpe, seconded by Hal Henty authorizing the Chairman of the Planning Board to adjourn this Public Hearing until January 9, 2008. The Commissioner will send the applicant a letter stating the intent of this Board, if the applicant does not reply, the application will be denied with out prejudice.
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)
The applicant requested an adjournment as they are waiting on the Stormwater report.
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn this Public Hearing until January 23, 2008.
Motion Passed 7-0
2007-9-3 Roger L. Burdick & No. Syracuse Central School District –(3) Preliminary Plat, 5500 East Taft Road (Adjourned from 2 previous meetings)
2007-8-4 Jay G. Bernhardt / JGB Enterprises, Inc. (3) – Site Plan, 4855 Executive Drive (adjourned from 3 previous meetings)
The applicant requested an adjournment.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn this Public Hearing until January 23, 2008.
Motion Passed 7-0
2007-10-1 Michael Marley (3) – Site Plan, 4944 VerPlank Road (Adjourned from 1 previous meeting)
Jim Swemm from Unimar was present for the applicant.
The applicant revised the plan to move the building 14’ west, 50’ from the line and will fill in with gravel. The trucks will now be able to pull in, back up and turn around to pull out instead of having the trucks back out onto Ver Plank Road as previously suggested. The applicant will remove a shed to accomplish this.
Ms. Guinup asked if the applicant will need any additional variances. He stated that he would not. The applicant must revise the map and return before the board. The applicant asked if this could be handled administratively. The Commissioner of Planning and Development reminded Mr. Swemm that the applicant would need to apply for a demolition permit to remove the shed, Ms. Guinup asked what could be done prior to the approval. Mr. Chatfield said that the relocation of the structure would require approval. Mr. Detota said that the applicant would need to put up silt fence for erosion and sediment control.
The applicant needs to apply for necessary permits and return before the Planning Board with a new map.
Chairman Lepkowski closed the Public Hearing.
A motion was made by Hal Henty, seconded by Bruce Johnson to adjourn this matter until January 9, 2008.
Motion Passed 7-0
Old Business: Hearings Closed
NONE
New Business:
2007-6-5 Roger L. Burdick & North Syracuse Central School – (3) Preliminary Plat 5500 E. Taft Road (Adjourned from 2 previous meetings)
The applicant received a change in zone to HC-1.
The applicant, Mr. Burdick, wishes to sell Lot 1 to the North Syracuse Central School District and retain Lot 2.
Mr. Chatfield stated that the applicant could be granted conditional Final Plat approval.
A Motion was made by Allen Kovac, seconded by James Sharpe to move to Final Plat.
Motion passed 7-0
2007-6-6 Roger L. Burdick & North Syracuse Central School - Final Plat (Adjourned from 2 previous meetings)
A Motion was made by James Sharpe, seconded by John Dougherty to adopt a resolution using standard form #10 that the Final Plat proposed by Roger Burdick, for the property located at 5500 E. 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 other agencies including the Federal Government.
Motion passed 7-0
A motion was made by John Dougherty, seconded by James Sharpe, using standard form # 40 granting conditional Final Plat approval based on a map by Ianuzi and Romans, dated 3/27/2007; last revised on 11/30/2007, file # 730-002 subject to the following conditions:
1. That the Town Board accepts the sanitary sewer.
2. All legal and engineering approvals.
Motion Passed 7-0
2007-11-1 Group One Development LLC – Final Plat, Country Meadow, Sec. “E”
Hal Romans was present for the applicant.
There was a concern with the language of the Amended Final Plat. The Planning and Development Department wants it clearly defined that the lots will be conveyed to the builder not the homeowner, therefore limiting the use. Mr. Chatfield suggested that it be stated to prohibit occupancy. Mr. Territo concurred adding that it be listed “Not for Habitation”.
A motion was made by Hal Henty, seconded by John Dougherty making a formal Resolution to the November 14, 2007 approval amending to read as follows;
1. Lyle Drive either be extended or a cul-de-sac be created prior to the issuance of a certificate of occupancy that would permit habitation on lots 224, 225, 168 or 169.
2. The remainder of the said Resolution shall remain intact.
Motion Passed 7-0
SIGNS
Paul Drescher and Paul Delima
The applicant is proposing a monument sign for the property located at 7546 Morgan Road.
A Motion was made by James Sharpe, seconded by Allen Kovac to approve the sign proposed by the applicant as presented.
Motion Passed 7-0
ADJOURN MEETING
A motion was made by Karen Guinup, seconded by Hal Henty to adjourn this Public Hearing.
Motion Passed 7-0
Meeting adjourned at 10:25 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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