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Town
of Clay
Approved
Planning Board Minutes
April 11, 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 11th day of April, 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
Robert Ventre Acting Planning Board Attorney
Ron DeTota C&S Engineers
Mary Moskowitz Planner
Jill Hageman-Clark Planning Board Secretary
ABSENT: Scott Chatfield Planning Board Attorney
Approval of Minutes:
A motion was made by James Sharpe, seconded by John Dougherty to approve the minutes of the
meeting on March 28, 2007.
Motion Passed 7-0
Public Hearings
05-12-2 Subdivisions, Inc. (3) Preliminary Plat, east side of Morgan Road, opposite Fairway
East (Waterhouse Landing) (60 lots)
Tom Oot was present for the applicant.
The applicant is seeking subdivision approval for a 54 acre parcel on the east side of Morgan
Road opposite the Fairway East subdivision. Sanitary sewers and public water will be available.
The proposed highway entrance would be across from the Fairway East entrance. This would be
desirable according to the traffic study. The applicant is also extending an irrecoverable letter of
credit to be used for road reconstruction, etc.
Chairman Lepkowski asked about the conceptual drawings with regards to the intersection at
Fairway East. Mr. Oot stated that the County suggested that if a traffic device were to be used
that it should be place at the Waterhouse intersection.
Chairman Lepkowski also asked if lots 1& 47 met the required setbacks. Mr. Oot stated that lots
1 & 47 would probably be eliminated so that the setbacks would be met, in addition some of the
other lots my be eliminated as well to make larger lots. Mr. Oot stated that would most likely be
a total of 57 lots. He indicated that he was willing to work with the Board to reach an agreement.
Karen Guinup asked what effect the larger lots would have on the drainage and what the Town
Engineer thought about the drainage.
Ron DeTota stated that he would like to see a cul-de-sac to replace the road at the Gabor
property. He also mentioned his concerns about the undeveloped common land being landlocked
parcels. Mr. Oot suggested that the undeveloped wetlands could become part of the CNY Land
Conservatory (a not for profit organization that Mr. Oot is associated with). Mr. DeTota stated
that the map he has is dated 2005. Mr. Oot said that he would work with Ron Detota to provide
updated maps.
Hal Henty asked about access to the undeveloped areas such as the Bayberry subdivision has.
Mr. Oot asked if he wanted 20' access easements. Chairman Lepkowski asked about walking
paths. The Chairman also asked what assurance the board has that the CNY Land Conservatory
will still be in existence in the future. Mr. Oot explained that the property could not be
developed.
Bruce Johnson asked if the undeveloped parcel needs to numbered. Ron DeTota stated that it
should. Hal Henty stated that the walkways also need to be numbered.
Chairman Lepkowski stated that this was an open Public Hearing and asked if there were any
questions from the audience.
John Dukat asked about the water in the wetlands and the retention ponds and voiced his
concerns with flooding onto his property. Mr. Oot explained the drainage plan to Mr. Dukat .
Mr. Oot stated that he would also meet with Mr. Dukat.
Dave Morgan stated that according to the Town regulations a subdivision required 2 accesses.
Chairman Lepkowski stated that according to the Code the Planning Board can make a decision
on this. He also explained that if there were always two ways in and out there would not be any
cul-de-sacs. Mr. Morgan stated that the fire department should be included in this decision.
There was a lengthy discussion regarding ingress and egress. Bruce Johnson stated that he anticipated development of the Gabor property in the near future.
Mr. Morgan asked what the near future was. Mr. Johnson said 5-10 years. Chairman Lepkowski
pointed out that the Pinegate North subdivision was an example of a development with only one
entrance/exit and that there have not been any major problems.
June Baycura representing the Bayberry Community Associations asked if a strip mall had been
proposed for that property. Mr. Oot stated that there was a 5 acre zone change to NC-1, 800' east
of Waterhouse Road.
Chairman Lepkowski stated that he would keep the Public Hearing open.
A motion was made by Allen Kovac, seconded by Karen Guinup, to adjourn this hearing until
April 25, 2007.
Motion Passed 7-0
07-2-3 AJM Management (3) Site Plan, off of West Taft Road (Kinney Drug Store)
The applicant requested an adjournment until April 25, 2007.
A motion was made by Bruce Johnson, seconded by, Karen Guinup, to adjourn this Public
Hearing until April 25, 2007.
Motion Passed 7-0
07-3-5 DW Properties of N.Y., LLC (3) Special Permit, 4 Lumber Way
Jim Kirby of Kirby Carol Associates and Paul Bien of Kenworth Truck Services were present for
the applicant.
The applicant wishes to sell commercial trucks tractors from an existing building. The building
was previously used for the service of commercial vehicles. The applicant will lease this
property from the previous business, GTS, which has relocated to the parcel next door. The
applicant will sell parts, service trucks and sell new truck tractors on the 7.2 acre parcel, for
commercial use.
John Dougherty asked if the applicant will be selling or storing the trailers as well. Mr. Kirby
stated that they will only be selling the tractors. He also asked about other heavy equipment. Mr.
Kirby indicated that the applicant would not be selling any vehicles.
He then asked what would happen to all of the old trucks that had been traded in. Mr. Kirby
stated that the applicant would wholesale them quickly. Bruce Johnson asked how many trucks would be serviced at one time. Mr. Kirby stated that
perhaps six.
Chairman Lepkowski asked how many delivery vehicles. Mr. Bien stated that there would be two
delivery trucks. The chairman then asked how much of the space would be used for wholesale
parts. The applicant plans to use 1500 -2000 square feet for parts and 5000 sq’ for service. The
applicant stated that there will be four overhead doors. Two would be drive thru and one would
be a dead end.
Chairman Lepkowski asked what the hours of operation would be. Mr. Bien stated that at this
time the business would operate from 7:30 - 5:00, however if the business is successful perhaps
the hours of operation would include a second shift. The applicant also indicated the existing
fuel storage tank would be removed from the property as soon as the special permit is approved.
Chairman Lepkowski also asked about other hazardous material. Mr. Kirby stated that they do
not sell any hazardous materials on the property.
Chairman Lepkowski asked if there were any questions from the audience.
Russ Mitchell stated that he was supportive of this permit application. June Baycurra agreed
adding that we should encourage industrial uses.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using
standard form #10 that the special permit proposed by DW Properties of N.Y. LLC for truck
sales, service and wholesale parts sales at 4 Lumber Way be declared a negative declaration as
there appears to be 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 James Sharpe to grant a Special Use Permit
to DW Properties of N.Y. LLC for the parcel located at 4 Lumber Way for to allow accessory
exterior activity, including exterior storage and parking, for the wholesale of commercial trucks
and parts condition to the following:
1. Exterior activity shall be limited commercial tractor trailers, no other heavy equipment
2. Subject any all Legal and Engineering requirements.
Motion Passed 7-0
Old Business: Adjourned Hearings
07-1-2 Bayberry Plaza (3) Site Plan -7608 Oswego Road, Bayberry Plaza (Metro
Mattress)(Adjourned from 2 previous meetings)
Peter Crissey of Crissey Architectural Group was present for the applicant.
Mr. Crissey indicated that a fence had been added to the Site Plan, well as, the removal of the
sidewalk as previously discussed. There was a discussion regarding the required changes from
the previous meeting.
The Board stated that the following must be resolved for Site Plan approval:
1. The case number for the granted 42' front yard setback variance must be shown on the Site Plan..
2. Brick enclosure for the dumpster (matching the exterior of the building) should be indicated.
3. Brick on the exterior north and east wall, to match the existing wall should be indicated.
4. The fence must be shown on the interior of the existing line of trees.
5. Extend the sidewalk along the front of the plaza north to the property line.
6. Any additional lighting should be shown on the Site Plan.
7. The applicant must respond to the complaints from neighbors regarding truck traffic.
8. Additional landscaping along the fence and Bayberry Circle shown on the Site Plan.
9. Removal of 15 parking spaces along the front of the plaza(along Rt 57) as discussed in previous meeting.
10. Applicant must obtain reverse subdivision approval.
11. Topography map outlining the drainage and grading.
12. Show zoning of adjacent parcels.
13. Additional lighting and doors need to be provided per code.
14. Show a location plan on the Site Plan
15. Area to be demolished on the north east side of building should be delineated with a clearly dotted line.
June Baycura asked that the dumpsters be located as far from the residences as possible.
Chairman Lepkowski stated that he would leave the Public Hearing open.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn this Public
Hearing until April 25, 2007.
Motion Passed 7-0
07-2-2 Mark Emmi (3) Preliminary Plat, 7907 Morgan Road (Adjourned from 1 previous
meeting)
The Applicant requested an adjournment.
A motion was made by John Dougherty, seconded by Hal Henty, to adjourn this Public Hearing
until May 23, 2007.
Motion Passed 7-0
Old Business: Hearings Closed
NONE
New Business: Signs
NONE
A motion was made by James Sharpe, seconded by Allen Kovac to adjourn until April 25, 2007.
Motion Passed 7-0
Meeting adjourned at 10:12 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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