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Town
of Clay
Approved
Planning Board Minutes
February 28, 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 28th day of February, 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
John Dougherty Member
Hal Henty Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Mary Moskowitz Planner
Jill Hageman-Clark Planning Board Secretary
ABSENT: Allen Kovac Member
The Chairman introduced Hal Henty as the newly appointed member of the Planning Board.
Approval of Minutes:
Motion was made by Bruce Johnson, seconded by James Sharpe to approve the minutes of January 24, 2006.
Motion Passed 6-0
Public Hearings:
07-1-2 Bayberry Plaza (3) Site Plan - 7608 Oswego Road, Bayberry Plaza (Metro Mattress)
Joe Janowski, owner, and Peter Chrissey of Chrissey Architecture were present.
The applicant is requesting an addition of the loading dock and warehouse space for the Metro Mattress Store located in Bayberry Plaza.
Bruce Johnson asked if the lot located on Blackberry Road, and currently owned by the applicant, would be used for this addition. Mr. Janowski indicated that this would be left separate because it would not be cost efficient and workable with the September deadline.
Chairman Lepkowski asked about the dumpsters and the dumpster enclosures. Mr. Janowski indicated that he would be willing to work with the Board on this matter. Karen Guinup asked about the enclosure for the dumpster. Mr. Janowski stated that the enclosure would be of the same material as the structure.
John Dougherty asked about the number of trucks that would be making deliveries each day; Mr. Janowski stated that there would be 2-3 deliveries per day.
Bruce Johnson stated that he had concerns regarding the buffering along Bayberry Circle. Mr. Chrissey stated that these concerns would be addressed by providing trees; also the addition will provide a buffer for the noise.
Chairman Lepkowski asked what the plans were for the Kinney Drug store. He also mentioned that if the Kinney Drug store moved, that would allow for the Metro Mattress addition. Mr. Janowski stated that he was not sure at this time what would happen with the Kinney Drug store project.
Chairman Lepkowski stated that the Onondaga County Planning Board has indicated there is no county-wide impact for this project.
Bruce Johnson stated that the addition should continue the brick façade along the wall facing Blackberry Road and continue the brick onto the wall facing Bayberry Circle. Peter Chrissey indicated he would show the brick on evaluation drawings.
The Chairman stated that the Planning Board had received several letters from residents opposing this project.
Joyce Cerito, resident of Bayberry, stated that the dumpsters are not covered and the trees are dead.
Joe Cavatalo, resident of Bayberry, suggested that a fence would be more effective in reducing the noise and lights generated by trucks.
Chairman Lepkowski suggested that the need for variances would be reduced with an administrative reverse subdivision of the Bayberry Partners parcels. Bruce Johnson agreed and stated that he would suggest that the ZBA look closely at a reverse subdivision instead of variances.
June Baycura, Bayberry resident, asked if the vacant house would be torn down. She also stated that she was not against the expansion, that she just wants the issues addressed.
Joyce Cerito was concerned with commercial expansion on Blackberry Road. Bruce Johnson reminded her that these lots are currently zoned commercial.
Chairman Lepkowski stated that he would leave the Public Hearing open and asked if any Planning Board member would make a motion making a recommendation regarding the Site Plan application.
A Motion was made by Bruce Johnson, seconded by James Sharpe, to make a Recommendation to the Zoning Board of Appeals to Approve the area variances requested at Bayberry Plaza for the purpose of the Metro Mattress expansion with the following condition:
1. The lots currently owned by Bayberry Partners Inc be combined into one parcel with an administrative reserve subdivision and thereby eliminating the need for a side yard and perimeter strip variances.
Motion Passed 6-0
A Motion was made by Karen Guinup, seconded by John Dougherty to adjourn this Hearing to March 14, 2007.
Motion Passed 6-0
07-1-3 Group One Development Company, LLC (3) Preliminary Plat –at the northwestly corner of Route 31 and Van Hoesen Road (25 lots)
Hal Romans was present for the applicant.
The applicant is proposing 25 parcels with a minimum lot size of 2.5 acres on a looped road with 1 access onto Van Hoeson Road..
Chairman Lepkowski asked who the builder would be. Mr. Romans stated that JMG Homes would be the builder and the price of each home would be between $300,000-500,000.
Bruce Johnson stated that he would like to see more than one access, perhaps even a parkway road that may be safer in an emergency situation.
There was also a discussion about access to lot 25 without disturbing the wetlands. Chairman Lepkowski suggested that lot 25 be incorporated into the proposed adjacent lots.
A few residents of the area were present to voice their concerns.
A Motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn this meeting until March 28, 2007.
Motion Passed 6-0
07-1-4 COR Development Company, LLC (3) Preliminary Plat - 3838 State Route 31 (4 lots into 2 lots)
07-1-5 COR Development Company, LLC (3) Site Plan – 3838 State Route 31 (Lowe’s and restaurant space)
Chairman Lepkowski stated that both COR cases would be heard together.
Kate Johnson, Legal Council for COR Development, Andy Hart, Engineer with Bergman Associated, and Carlie Hanson, architect with QPK Design, were present for the applicant.
Kate Johnson stated that the applicant wishes to subdivide for lease reasons. Scott Chatfield asked if this was a lease, not a sale of the property. Kate Johnson stated that Lowes requires that the lots be separate. Karen Guinup stated that this may increase the amount of required handicapped spaces.
Chairman Lepkowski asked if they had secured a tenant for the restaurant. Kate Johnson stated that they were negotiating with proposed tenant; however she could not divulge the potential tenant yet.
Karen Guinup asked about the use of dumpsters. Kate Johnson stated that the applicant had a compactor. The applicant also stated that the rear of the property would be secured by a chain link fence. The question was raised about the use of trailers behind the store for storage of used appliances.
There was a discussion regarding the lighting. Chairman Lepkowski asked if the lighting would be comparable to that at the Cicero store. He also stated that he would like to see some flowers and perhaps some sidewalk planters.
The masonry brick and the sign were discussed as well as the height of the peak on the top of the
Lowes store.
June Baycura, resident of Bayberry, stated that she did not like the color of the sign and that she had concerns for the back of the building with regards to Soule Road.
Bob Michelson of the Moyers Corners Fire Department asked if the fire pump was in the front of Lowes. The applicant stated that it was. Mr. Michelson also stated that he would like the sprinkle connections in a split wall between unnamed stores “A” and “B” with a hydrant close by.
Bruce Johnson stated that he is concerned with the size of the sign and perhaps the sign could be smaller that the 255 sq’ size that is being proposed. Karen Guinup agreed that this is excessive. John Dougherty agreed, but stated that Lowes biggest competitor is across the street and that the applicant should not be held to the 64 sq’ sign requirement, some leeway should be given.
A Motion was made by Bruce Johnson, seconded by Karen Guinup, to make a Recommendation to the Zoning Board of Appeals to Approve the area variances requested by COR Development Company, LLC for the Lowes Site Plan with the following consideration:
1. The height of building variance be granted because it improves the overall architecture of the building
2. The area variance for the size of the sign by reduced because it grossly exceeds the allowed 64 sq’.
Motion pass 6-0
A Motion was made by Karen Guinup, seconded by John Dougherty to adjourn this Hearing until March 14, 2007.
Motion Passed 6-0
Chairman Lepkowski stated that we would break for 10 minutes.
Meeting Adjourned 10:05 PM.
Meeting resumed at 10:15 PM.
Old Business: Adjourned Hearings
06-4-11 Tri-R Realty & Development Co. (3), Site Plan for a Kinney Drug Store 7608 Oswego Road, in front of Bayberry Plaza (Adjourned from 7 previous meetings)
The Applicant requested an adjournment to April 25, 2007.
A Motion was made by John Dougherty, seconded by James Sharpe to adjourn this Hearing until April 25, 2207.
Motion Passed 6-0
06-4-13 Al Caza Contractors (3) Preliminary Plat, Burnet Road, 500 feet north of Route 31 (7 lots) (Adjourned from 8 previous meetings)
The applicant was not present.
A Motion was made by Karen Guinup, seconded by James Sharpe that the application made by Al Caza Contractors for a Preliminary Plat located Burnet Road, 500 feet north of Route 31 be DENIED without prejudice.
Motion Passed 6-0
06-6-6 Ozzula Ent. Inc. (3) Site Plan – 8324 Oswego Road, next to Wilson Farms (Adjourned from 7 previous meetings) (NAPA store)
The applicant withdrew his application.
A Motion was made by Bruce Johnson, seconded by Karen Guinup that the application made by Ozzula Ent. Inc for a Site Plan at 8324 Oswego Road be DENIED without prejudice.
Motion Passed 6-0
06-8-5 Niagara Car Wash Inc. (3) Preliminary Plat – 3567 and 3571 State Route 31 (2 lots ) (Adjourned from 5 previous meetings)
06-8-6 Niagara Car Wash Inc. (3) Site Plan -3567 and 3571 State Route 31 (Adjourned from 5 previous meetings)
Chairman Lepkowski stated that both cases would be heard together.
Hal Romans was present for the applicant.
Chairman Lepkowski told the applicant that the Onondaga County Planning Board recommended that the Board disapprove this application based on the following:
1. The creation of a nonconforming lot.
2. The excessive number of variances.
3. Grading modifications for stormwater.
Chairman Lepkowski stated that this plan cleans up greater non-conformities. There was a discussion regarding the sign as well as the landscaping. In addition Mr. Romans submitted a photometric study and discussed lighting.
Mr. Romans also showed the proposed sign. Bruce Johnson stated that the address needs to be on the sign. Russ Mitchell asked why the sign was not a monument sign. Chairman Lepkowski stated that the proposed sign with planters at the bottom would be fine.
Chairman Lepkowski asked if there were any questions from the public. Hearing none, he closed both Public Hearings and asked for a SEQR determination.
A Motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using standard form # 10 that the Preliminary Plat and Site Plan proposed by Niagara Car Wash, Inc at 3567 and 3571 State Route 31, case numbers 06-8-5 and 06-8-6, 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 6-0
A Motion was made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form # 30 granting Preliminary Plat approval to Niagara Car Wash, Inc. for the parcels located at 3567-3571 State Route 31 based on a map by Ianuzzi and Romans dated 6/14/06; last revised 2/27/07 with a file # 30634.003 based on the following:
1. The proposed plan reduces the number of non-conformities
2. All the variances have been granted from the Zoning Board of Appeals.
3. It reduces the number of driveways from 2 to 1 thereby creating a safer situation.
4. All Legal and Engineering approvals.
Motion Passed 6-0
A Motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn the Site Plan to March 14, 2007.
Motion Passed 6-0
06-10-7 Family Video Movie Club (3) Site Plan, 7666 Morgan Road (Adjourned from 1 previous meeting)
Ed Martin was present for the applicant.
The applicant has obtained the required variances. There was a discussion regarding the location of the dumpster pad as well as the material of the building that will house the dumpster.
There was a lengthy discussion regarding the traffic study. Bruce Johnson voiced his concerns about traffic turning left onto Buckley Road and felt that this would be a hazardous condition. Mr. Martin stated that the Onondaga DOT only recommended that the applicant maximize the distance from the corner.
Chairman Lepkowski asked if there were any questions from the audience. Hearing none, he closed the Public Hearing and asked for a SEQR determination.
A Motion was made by Bruce Johnson, seconded by James Sharpe to adopt a resolution using standard form # 10 that the Site Plan application made by Family Video Movie Club for the parcel located at 7666 Morgan 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 6-0
A Motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using standard form # 20 granting Site Plan approval to Family Video Movie Club at 7666 Morgan Road based on a map by Landtect Surveying LLC; dated 10/17/06 last revised on 2/28/07 having a file # 224 sheets 2-4 based on the following conditions:
1. The dumpster enclosures be made of the same material and color as the building.
2. That the granted variances be indicated on the map.
3. That there be a ‘No Left Turn’ sign as the traffic exits onto Buckley.
4. All Legal and Engineering approvals.
Motion Passed 5-1
Chairman Lepkowski was opposed as he did not think that it was necessary for the No Left Turn sign.
Old Business: Hearings Closed
NONE
New Business:
07-2-1 Cross Creek, Oot Bros. Inc. – Final Plat
Thomas Oot was present for the applicant.
The applicant is seeking Final Plat approval for the development of the Cross Creek subdivision.
Karen Guinup stated that lot 1 has non-conforming structures on it and that the barn and house should be removed.
The applicant stated that they changed the large retention pond into 3 smaller bays.
A Motion was made by Bruce Johnson, seconded by Karen Guinup using standard form#40 granting Final Plat approval based on a map by Myers and Associates PC; dated 12/26/06, last revised 1/29/07 pages 1&2 subject to the following conditions:
1. All Legal and Engineering approvals.
Motion Passed 6-0
Meeting Adjourned:
A Motion was made by John Dougherty, seconded by Karen Guinup to adjourn this meeting.
Meeting adjourned at 11:40 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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