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Town
of Clay
Approved
Planning Board Minutes
April 25, 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 25th 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
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
Deputy Chairman Bruce Johnson was absent.
Approval of Minutes:
A motion was made by Karen Guinup, seconded by Allen Kovac to approve the minutes of themeeting on April 11, 2007.
Motion Passed 6-0
Public Hearings
2007-3-3 AJM Management (3) Preliminary Plat, off of West Taft Road (Kinney Drug Store)
2007-2-3 AJM Management (3) Site Plan, off of West Taft Road (Kinney Drug Store)
Steve Premo, attorney; Greg Sgromo and John Murphy were present for the applicant.
Chairman Lepkowski stated that both cases would be heard together beginning with the preliminary
plat application.
The applicant is proposing a subdivision of (7.9 acre) lot 6 into two lots (1.49 and 6.4 acres).
Mr. Premo stated that AJM and Kinney drugs were having some difficulty reaching an agreement
regarding access and egress. The applicant is proposing a right turn in and right and left turns to
exit. There would be a painted flush island. In addition there would be a traffic light further south.
The applicant is willing to build the private road to the towns specifications and will tender a deed
to dedicate the road to the town. The applicant also stated that the applicant will maintain the road.
There was a discussion regarding access for the fire department as well as delivery trailers. Mr.
Sgromo showed a plan for access for fire trucks. Hal Henty pointed out that the plan does not look
as though it will work. Mr. Sgromo stated that they would look at it again.
Karen Guinup asked what was on lot 6A. Greg Sgromo stated that nothing would be on lot A at
this time but the proposed Kinney’s drug store would go on lot B.
Chairman Lepkowski stated that the road could not be enforced as a private road. There was a
discussion about the road and how it should be maintained. It was suggested that if the road
remains private that a HOA agreement should be in place for road maintenance. In addition the
owner of the current driveway would need to give consent to abandon that entrance. A lighting plan
is also needed for this application. Chairman Lepkowski also stated that the board had not seen any
plans for a sign. Mr. Sgromo stated that all of those concerns would be addressed in the site plan.
There was a discussion regarding ingress and egress. Allen Kovac asked about the access from the
drug store to West Taft Road. Mr. Sgromo explained that there would be no left turn. Karen
Guinup asked what the distance is from the Kinney entrance to the stop sign. There would be 60'-
80' from the stop sign to the Kinney entrance. Allan Kovac stated that he would like to have our
traffic engineer look at this. There was a discussion regarding the proposed traffic light. Scott
Chatfield stated that he would recommend that the board not accept the deed if it is to be a private
road.
There was a discussion regarding the curb cuts. The Town Board decided to allow the Planning
Board to decide on the curb cuts. Chairman Lepkowski stated that this is an open Public Hearing and asked if there were any
questions. Hearing none he asked for a motion to adjourn case 2007-3-3.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn this Public Hearing until May 9, 2007.
Motion Passed 6-0
Chairman Lepkowski then asked for a motion to adjourn case 2007-2-3.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn this Public Hearing until May 9, 2007.
Motion Passed 6-0
Old Business: Adjourned Hearings
2005-12-2 Subdivisions, Inc. (3) Preliminary Plat, east side of Morgan Road, opposite Fairway
East (Waterhouse Landing) (60 lots)
Tom Oot was present for the applicant.
Mr. Oot stated that he had removed 2 of the lots to increase the size and frontage of the remaining
lots to a minimum of 90' with the exception of some of the lots on Morgan Road that have 80'
frontage. Chairman Lepkowski asked about the drainage. The water from the north will drain to the west and
the south will drain to the east. Mr. Oot stated that there will be no increase in the amount of water
leaving the site. There was a discussion regarding the access to the drainage easements and access
for the highway department to maintain. Mr. Oot suggested that a 30' easement could be done
instead of 20' as previously suggested. Again the subject of maintenance was raised. Ron Detota agreed with Mr. Oot that retention facilities
are not usually a separately deeded parcel therefore the homeowners would be responsible for the
maintenance of the green areas. Hal Henty asked Scott Chatfield, who would be responsible if a
drowning were to occur in the land conservatory. Mr. Chatfield stated that the open water ought not
be a liability. Ron Detota suggested that fencing may hinder someone from gaining assistance in an
emergency situation. Mr. Oot inquired how the board felt about a split rail fence. Chairman
Lepkowski agreed including that the water would be eased and fairly shallow. Again the discussion
turned to the ownership and maintenance of the conservatory.
Chairman Lepkowski stated that this was an open public hearing and asked for any questions from
the audience. John Dukat stated that he was happy that no water would be leaving the property.
Ron Detota stated that the applicant needs a licensed surveyor for preliminary plat approval. Hal
Henty asked if the easements should be 20' or 30'. Scott Chatfield stated that the overland drainage
the easements should be 30' the other easements can be 20'.
A motion was made by Hal Henty, seconded by Karen Guinup to adjourn this Public Hearing until
May 23, 2007.
Motion Passed 6-0
2006-4-11 Tri-R Reality & Development Co. (3) Site Plan for a Kinney’s Drug Store, 7608
Oswego Road, in front of Bayberry Plaza (Adjourned from 8 previous meetings)
The applicant requested an adjournment.
A motion was made by Allen Kovac, seconded by John Dougherty for a final adjournment until May
23, 2007.
Motion Passed 6-0
2007-1-2 Bayberry Plaza (3) Site Plan -7608 Oswego Road, Bayberry Plaza (Metro
Mattress)(Adjourned from 2 previous meetings)
Joe Janowski was present.
Mr. Janowski stated he believed that all of the conditions outlined at the previous meeting had been
addressed. Each of the 15 conditions were outlined. Mr. Janowski stated that Peter Crissey only had
13 conditions listed for him. The topography map was not addressed. Ron DeTota stated that he
had not heard from Mr. Crissey as planned regarding this. In addition the zoning of the adjacent
properties was not shown. There was a discussion of the 15 parking spaces. Mr. Janowski stated that he would show the
approved site plan with the approved 15 parking spaces. Mr. Janowski asked about approval subject
to compliance. Chairman Lepkowski reiterated that there were still to many thing to address. He
then stated that this is an open Public Hearing and asked if there were any questions from the
audience.
Robert Baril, a resident of Blackberry Road, complained about the truck traffic. Mr. Baril stated
that there were trucks until 1:00 am and one of the drivers drives a motorcycle. He stated that he
hears mattresses being emptied into the dumpsters as well as Waste Management emptying the
dumpsters. Chairman Lepkowski stated that he was concerned with deliveries at 1:00 am. Mr. Baril
suggested that the board pitch a tent and listen, this is a 24 hour operation. Chairman Lepkowski
stated that this was the first that the board had heard of delivery trucks returning at 1:00 am. He then
asked what time the trucks leave in the morning. Mr. Baril stated that the trucks leave about 6:00
am. Chairman Lepkowski suggested limiting the hours of operation. He also suggested a
representative from Metro Mattress to come to the next meeting. Allen Kovac stated that the
warehouse should be willing to accommodate the community. Mr. Janowski stated that he had not
heard of any complaints before this time.
Joyce Cerito asked about the proposed fence. She was told that it had been decided that the fence
would be a 6' stockade fence with the finished side facing the street. Ms. Cerito asked if there will
still be access through to the post office, Friendley’s, etc. Mr. Janowski stated that if needed the
fence could be shortened to allow pedestrian access to these businesses.
Scott Chatfield stated that the map allows access to the plaza from Bayberry Circle. Ms. Cirito then
stated that she was concerned for the safety of the children with regards to the mounds of dirt. June
Baycura representative of the BCA suggested that perhaps the dirt could be replaced with bollards.
Ms. Cerito then stated that she felt the trees should be removed, that they were an eyesore. Chairman
Lepkowski stated that would only leave a fence to buffer the community from the noise from the
plaza. Naomi Bray reminded that the town has a standing noise ordinance.
Chairman Lepkowski stated that he would leave the Public Hearing open.
A motion was made by John Dougherty, seconded by Hal Henty to adjourn this Public Hearing until
May 9, 2007.
Motion Passed 6-0
2007-1-3 Group One Development, LLC (3) Preliminary Plat - at the northwesterly corner of
Route 31 & Van Hoesen Road (25 lots) (Adjourned from 2 previous meetings)
The applicant requested an adjournment.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn this meeting until
May 23, 2007.
Motion Passed 6-0
2007-1-5 COR Development Company, LLC (3) Site Plan - 3838 Route 31 (Lowe’s
and restaurant space) (Adjourned from 3 previous meetings)
The applicant requested an adjournment.
A motion was made by Karen Guinup, seconded by James Sharpe to adjourn this meeting until May
9, 2007.
Motion Passed 6-0
Old Business: Hearings Closed
NONE
New Business: Signs
NONE
A motion was made by James Sharpe, seconded by Allen Kovac, to adjourn until May 9, 2007.
Motion Passed 7-0
Meeting adjourned at 10:03 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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