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                                          Town of Clay
                                Approved
                                  
Planning Board Minutes  
                                           

                                       

                                              March 14, 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 14th day of March, 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
                      Mary Moskowitz         Planner
                     Jill Hageman-Clark     Planning Board Secretary


Approval of Minutes:
A motion was made by James Sharpe, seconded by John Dougherty to approve the minutes of the meeting on February 28, 2007.

Motion Passed 7-0

Public Hearings

NONE

Old Business: Adjourned Hearings

07-1-2 Bayberry Plaza (3) Site Plan- 7608 Oswego Road, Bayberry Plaza (Metro Mattress) (Adjourned from 1 previous meeting)
Joe Janowski was present for the applicant.

Mr. Janowski stated that the variances had been granted and that most of the conditions set at the previous meeting had been addressed, however there was a problem with the proposed sidewalk on the north side of the property. Mr. Janowski stated that the trees would have to be removed to allow for the sidewalk. Bruce Johnson suggested that maybe the sidewalk could be constructed between the building and the trees. Mr. Janowski stated that would create maintenance problems. 

Chairman Lepkowski asked if there were enough paved and striped parking spaces. Mr. Janowski assured him that there were enough even with out including the spaces in the back of the building. 

Chairman Lepkowski asked what type of fence would be built. After a short discusssion it was decided that the fence would be a stockade fence stained in a neutral shade so that it would blend with the trees. 

Karen Guinip asked if the corporate offices for Metro Mattress would be housed in the building. Mr. Janowski indicated that they would. 

Chairman Lepkowski stated that he would be inclined to allow no sidewalk. Bruce Johnson stated that he still liked the sidewalk. Chairman Lepkowski stated that there should be a straw poll.
Allen Kovac stated that the sidewalk was valuable but difficult and wanted to know if the Town is trying to promote sidewalks. Chairman Lepkowski stated that the sidewalk should be removed from the Site Plan and the matter should be tabled for now. 

John Dougherty asked about the four dumpsters behind Kinney Drugs and if the dumpsters would be enclosed. Mr. Janowski stated that they would. John Dougherty also asked about the possibility of combined trash service to reduce the amount of garbage traffic. Mr Janowski said that he is trying to accomplish this with his tenants.

Chairman Lepkowski asked if there were any questions from the audience. 

Joe Cavataio of Bayberry Circle asked if there would be additional lighting to the back of the building. Mr. Janowski stated that only on the building. Mr. Cavataio also asked about the possibility of more trees being planted. Mr. Cavataio also stated that he felt that they were loading the trucks very late and asked if that could be restricted. Mr. Janowski stated that he would look into it.

Chairman Lepkowski advised the applicant to get the required reverse subdivision and new Site Plan. Bruce Johnson stated that the spaces in the front of the bank need to be removed from the Site Plan. John Dougherty reminded the applicant to also correct the number of spaces in the shown on the Site Plan.

Chairman Lepkowski stated that he would leave the Public Hearing open.

A Motion was made by Bruce Johnson, seconded by Karen Guinip to adjourn this hearing to April 11, 2007.

Motion Passed 7-0

07-1-4 COR Development Company, LLC (3) Preliminary Plat- 3838 State Route 31 (4 lots into 2 lots) (Adjourned from 1 previous meeting)

07-1-5 COR Development Company, LLC (3) Site Plan -3838 State Route 31 (Lowe’s and restaurant space) (Adjourned from 1 previous meeting)

Chairman Lepkowski stated that both cases would be heard together

Kate Johnson, Legal Counsel for COR Development and Andy Hart with Bergmann Associates were present for the applicant.

Kate Johnson stated that the applicant had been granted the necessary variances with the exception of the sign request which they withdrew. Kate Johnson explained the reason for the subdivision stating that Lowes requires this for financing. Chairman Lepkowski voiced his concerns that if they are separate lots they may attempt to have separate signs. Scott Chatfield stated that this was no real risk and this is a common practice such as the case with Target. Mr. Chatfield suggested a statemant could be made for potential future owners. Karen Guinip asked what would be the problem with making three lots. Kate Johnson stated that it would not be her choice but she is willing to work with the board. 

Ron Detota stated that the easements still need to be addressed but that the Preliminary Plat could be approved and changes would be made to the Final Plat.

A Motion was made by Karen Guinip, seconded by James Sharpe to adopt a resolution using standard form #10 that the Preliminary Plat proposed by COR Development at 3838 State Route 31 be declared a negative declaration as there appears to be no traffic, drainage or environmental impacts 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 Karen Guinip, seconded by John Dougherty to adopt a resolution using standard form #30, granting Preliminary Plat approval to COR Development at 3838 State Route 31 based on a map by CNY Land Surveying, dated 1/10/2007 with no revisions subject to the following conditions:
1.The two lots created should not be construed as extending any greater rights under the Town of Clay Zoning Code, such as increased signage, as if it were all one lot.
2. All Legal and Engineering approvals .

Motion Passed 6-1

Bruce Johnson opposed - does not feel that this is an appropriate site for commercial development.

Andy Hart presented the improved landscaping plan. The plan outlines the addition of planters in front of the windows as well as the flower beds along the entrance drive. The hydrants were moved at the request of the Fire Marshall.

There was a discussion about the lighting plan. Chairman Lepkowski stated that he would like to see the light level reduced to 2.5 foot candles. Andy Hart stated that Lowes is willing to turn the parking lot lights down during non operational hours. There was a lengthy discussion regarding the lighting.

The applicant is proposing a chain link fence on the east side of the property as well as a chain link fence around the pond. Ron DeTota suggested a split rail fence around the pond for safety instead of the proposed chain link fence. Kate Johnson suggested a fence around the border of the property instead of around the pond.

Karen Guinup asked about the parking and if the subdivision of the property would require more handicapped parking spaces. Kate Johnson stated that there were adequate handicapped spaces for each site. Mary Moskowitz asked if retail A&B are definitely not going to be restaurants. Andy Hart stated that they would not. There was a discussion about the enclosed dumpsters for retail A&B. Bruce Johnson stated that he would like to see one dumpster instead of two. 

Chairman Lepkowski stated that this is an Open Hearing and asked if there were any questions from the audience.

Tom Dobkowski a resident from Redhead Terrace stated that he was not happy with the removal of trees (also the wetlands), and asked if the trees are removed will there be any additional landscaping? Mr. Dobkowski also stated that he was not happy with the lighting plan and felt that the chain link fence would detract from the beauty of the proposed pond. Mr. Debkowski also said that he was disappointed that this was not residential development.

Chairman Lepkowski stated that he would leave the Public Hearing for the site plan open.

A Motion was made by James Sharpe, seconded by Bruce Johnson to adjourn this meeting until March 28, 2007.

Motion Passed 7-0 

Old Business: Hearings Closed
06-8-6 Niagara Car Wash, Inc. (1) Site Plan -3567 and 3571 State Route 31 (Adjourned from 6 previous meetings)
07-3-4 Niagara Car Wash, Inc., Final Plat -3567 and 3571 State Route 31 

Hal Romans was present for the applicant.

The Public Utility easements had been accepted by the Town Board. 

Ron DeTota and Scott Chatfield agreed that the Board could move to Final Plat.

A Motion was made by Bruce Johnson, seconded by James Sharpe to adopt a resolution using standard form #40 granting Final Plat approval for the property at 3567 and 3571 State Route 31 based on a map by Ianuzzi and Romans, dated 3/14/2007 with no revisions, file # 3064.003; based on the following conditions: 
1. The applicant bond for the construction of Public Utilities. 
2.. Subject to all Legal and Engineering Approvals.

Motion Passed 7-0 

The applicant has improved the landscaping and included a monument sign for the Site Plan. Hal Romans stated that the sign would be constructed of masonry pillars and the face of the sign would be internally lit. There was a discussion about the size of the sign. 

A Motion was made by Bruce Johnson, seconded by Allen Kovac to adopt a resolution using standard form #20 granting Site Plan approval to case 06-8-6 Niagara Car Wash Inc. for a car wash to be built at 3567 and 3571 State Route 31 based on a map by Ianuzzi and Romans, dated 06/14/2006 revised on 2/27/2007, file # 3064.003; based on the following conditions: 
1. The sign being of no greater height than 10' at the highest point. 4'x8' wide with posts constructed of masonry columns of the same material as the building. Sign would be 1' below the top of the pillar, signage not to exceed 48"x96".
2. All Legal and Engineering approvals. 
Motion Passed 7-0

Motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn until March 28, 2007. 

Motion Passed 7-0

Meeting Adjourned at 10:28 PM.


Respectfully Submitted,




Jill Hageman-Clark

 

Planning Board Archive Minutes

Planning Board Agenda

 


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