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Town
of Clay
Approved
Planning Board Minutes
May 23, 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 9th day of May, 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
Hal Henty Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
David Balcer Planner
Mark Territo Commissioner of Planning and
Development
Jill Hageman-Clark Planning Board Secretary
ABSENT: John Dougherty
Approval of Minutes:
A motion was made by Karen Guinup, seconded by James Sharpe to approve the minutes of the
meeting on May 9, 2007.
Motion Passed 6-0
Public Hearings
2006-4-1 Jon Burdick (1) Site Plan, 8481 Oswego Road:
The applicant requested an adjournment until June 13, 2007.
A motion was made by Allen Kovac, seconded by Bruce Johnson to adjourn this meeting until June
13, 2007.
Motion Passed 6-0
2007-4-1 Prime Management, Attn: Dean DeVito (3) Site Plan located between Route 31 and
Mendenhall Drive on northeast side of Oswego Road (Rte 57):
Dean DeVito was present for the applicant.
The applicant is proposing 2500 square feet professional office building to be built on Route 57 in
front of the Willow Stream development. The original plan showed one building, however that plan
has changed and the applicant is proposing two buildings, each with a door on the side for easy
accessability. The applicant stated that this will be shown on the next map at the next meeting.
Chairman Lepkowski stated that the applicant should also show the Army COR wetlands on the site
plan as well as the photometric plan and landscaping. Mr. DeVito stated that he would have this in
order at the next meeting.
The applicant has moved the curb cut so that it does not interfere with the medians the county DOT
requested.
There would be A 50' buffer to the rear and a 30' buffer to the side of the property. The buildings
would be constructed with pitched roofs and gables and blend with the surrounding residential area.
The applicant stated that he would bring pictures of other office buildings that they have built in the
Albany area to show the type of residential feel that they will create for this plan.
Hal Henty asked what the buffer would be made of.
Bruce Johnson asked if there would be dumpsters. The applicant indicated so, but did not know
where they would be located. Mr. Johnson asked if they would be enclosed. The applicant stated that
there would be landscaping around them. Bruce asked if this was in addition to the enclosure. The
applicant concurred.
Allen Kovac asked about the siding on the proposed building. Mr. DeVito stated that it would be
vinyl cedar shake siding that would blend with the surrounding architecture. Mr. Kovac asked if this
would be used for office only. The applicant stated that was so. Mr. Kovac also asked about the
pitched roof. Mr. DeVito said that the structure will have a residential feel.
Chairman Lepkowski stated that this was an open Public Hearing and asked if there were any
questions from the audience.
Bernice McDermott was concerned about the woods. She wanted to know what would happen with
the 50' buffer. She also had concerns about the type of business and the type of lighting plan. Mr.
DeVito stated that this would be a professional client based business that would not generate a great
deal of noise or traffic.
Olivia Oyer-Halen wanted to be notified of the next meeting. Chairman Lepkowski stated that at
the end if this hearing the adjourn date would be stated.
Ron Detota, the town engineer, asked if the vegetation to the north was to remain vegetative and if
so it should be indicated on the site plan. He also had some questions regarding grading and the
stormwater pollution plan. Mr. Detota stated that the applicant should proceed with details on the
stormwater facilities. Chairman Lepkowski stated that the fire Marshall also had some comments
regarding the sidewalk and the two front doors and the hydrant is unaccessible.
Chairman Lepkowski stated that the would leave the Public Hearing open.
A motion was made by Mr. Kovac, seconded by Mr. Henty to adjourn this public hearing until June
27, 2007.
Motion Passed 6-0
2007-4-3 Brooks - Eckerd Pharmacy (3) Site Plan, 7245 Henry Clay Boulevard:
Hal Romans was present for the applicant.
Mr. Romans detailed a plan of how the existing warehouse plan would make it more functional. This
would include major drainage improvement from the north along the property line. In addition the
applicant is proposing to widen the driveway 25' and add 5 total loading docks. There would be four
docks on the west side and one on the east side of the structure. Mr. Romans stated that the applicant
will not change the location of the driveway but merely bring it up to date.
Mr. Romans stated that LJR Engineers will do the stormwater drainage study. Mr. Detota said that
he would be meeting with Alex from LJR to go over any concerns with this project. Hal Romans said
that the drainage should function draining to the south, however, if there are any problems the
applicant is prepared to do whatever is necessary to resolve them.
Mr. Johnson asked if the applicant expected that there would be an increase in the traffic on Vine
Street. Hal Henty stated that the traffic could exit onto Henry Clay Boulevard. Mr. Romans stated
that the traffic generated should be about the same as it is currently.
Chairman Lepkowski stated that this is an open Public Hearing and asked if there were any questions
from the audience. Russ Mitchell asked if the applicant was proposing a light on Vine Street. Mr.
Romans stated that the applicant is planning on a light on Vine Street.
Chairman Lepkowski stated that he would leave the Public Hearing open.
A motion was made by Mr. Johnson, seconded by Ms. Guinup to adjourn this public hearing until
June 27, 2007.
Passed 6-0
2007-4-5 Warner Energy, LLC (3) Special Permit, 7526 Morgan Road:
Mike Brown was present for the applicant.
The applicant is proposing to build wind turbine generators . These would be for display to show the
prototype for sales. They would be placed 125' from the property line on a 100' pole and the blades
would extend 40'.
Karen Guinup asked about the noise that would come from the generators. Mr. Brown stated that the
blades may generate up to 50-60 decibels, up to 50' away on a windy day.
Hal Henty asked how often they would run. The applicant stated that they would be pretty consistent.
He also asked if the product would be tested and shipped. The applicant stated that they would be
a prototype for display.
Karen Guinup asked if the poles were retractable. They are not. Mr. Brown stated that the blades will
only be 20' at the greatest length compared to the 190' blades in the Tug Hill region.
Again the location was approached and the board suggested that the generators be placed further from
Morgan Road and the residential areas. Karen Guinup suggested that perhaps a balloon test could be
preformed to see what type of an effect this will have.
There was a lengthy discussion about the amount of noise and the location of the poles in relationship
to the property lines and the surrounding residential area. Again the board recommended that Mr.
Brown talk to his partner about the location of the poles.
Bruce Johnson asked if the applicant could provide some references regarding the sound levels. Mr.
Johnson also asked if the sound level surpassed the noise ordinance if the applicant was prepared to
remove the generators.
Chairman Lepkowski stated that he would leave the Public Hearing open.
A motion was made by James Sharpe, seconded by Bruce Johnson to adjourn until June 13, 2007.
Motion Passed 6-0
Public Hearing to Review the 2006 Annual Report for the Town of Clay Stormwater
Management Program (SWMP) as part of the Phase II Stormwater Regulations as promulgated
by the New York State Department of Environmental Conservation:
Ron Detota stated that we are in the fourth of the five year study of the stormwater management
program. The plan is to educate the public and increase the water quality, reduce the sediment in the
water.
Mr. Detota asked if there were any questions. June Baycura asked if they were investigating any new
products for driveways in new construction. Mr. Detota stated that she was probably referring to
porous pavement, and that this was not something new and that it was not proven for this region of
the country.
Joyce Cerrito stated that when the roads in the Bayberry subdivision are repaved the highway
department is paving to the lawn and filling in the gutters.
Robert Michelson of the Moyers Corners Fire Department asked if the study addressed existing issues
such as the swails being filled in. Mr.Detota suggested that he contact the planning department.
Hearing no more questions Chairman Lepkowski closed the Public Hearing.
Old Business: Adjourned Hearings
2005-12-2 Subdivisions, Inc (3) Preliminary Plat, east side of Morgan Road, opposite Fairway
East (Waterhouse Landing) (60 lots) (Adjourned from 2 previous meetings):
Tom Oot Was present for the applicant.
Mr. Henty began by asking if the entrance would be across from Fairway East. Mr. Oot stated that
it would.
Mr. Kovac asked who would have ownership of the undeveloped common land. Mr. Out stated that
it would be owned by CNY Land Conservatory. Chairman Lepkowski asked if the undeveloped lots
would be numbered as undeveloped common land.
Scott Chatfield said that dedicated land does not necessarily need to be numbered but it does need a
tax ID number for an exempt status.
Bruce Johnson asked if it could be a condition that the south road to Waterhouse Road be restricted
to right turn in and right turn out. Mr. Oot stated that Mr. Gabor would likely want to tie into
Waterhouse Road.
Chairman Lepkowski stated that this was a public hearing and asked if there were any questions from
the audience.
Joyce Ceritto stated that she was concerned about the increase of traffic for the Fairway development.
Chairman Lepkowski stated that the entrance for Fairway East will change.
Karen Guinup asked about the detention basins. There was a lengthy conversation about the basins,
the easements and access for highway and other utilities to preform maintenance. Mr. Oot and Ron
Detota will meet to discuss the responsibility of the maintenance of the undeveloped common areas.
Mr. Detota said that he would also talk to the Town Supervisor about this.
Chairman Lepkowski stated that he would leave the Public Hearing open.
A motion was made by Mr. Johnson, seconded by Mr. Kovac to adjourn this public hearing until June
27, 2007.
Motion Passed 6-0
2006-4-11 Tri-R Reality & Development, LLC (3) Site Plan for a Kinneys’s Drug Store 7608
Oswego Road, in front of Bayberry Plaza (Adjourned from 9 previous meetings):
The Applicant was not present. It was decided at the previous meeting that if the applicant did not
appear that the application would be denied with out prejudice.
A motion was made by Mr. Henty, seconded by Mr. Johnson to close the public hearing and deny
without prejudice.
Motion Passed 6-0
2007-1-3 Group One Development, LLC (3) Preliminary Plat - at the northwestly corner of
Route 31 & Van Hoesen Road (25 lots) (Adjourned from 3 previous meetings):
Hal Romans was present for the applicant.
Mr. Romans stated that the drainage report has been completed by LAR and they have submitted a
preliminary report to Ron Detota for review.
The concern remains for the one entrance for the proposed 25 lot subdivision. The applicant is
showing a 32' pavement entrance. Chairman Lepkowski asked if the highway has the capabilities to
plow an intersection that wide.
Joanne Jones, an area resident, asked about the Northern Land Use Study, specifically the buffer zone.
Hal Romans stated that there are two lots within the buffer zone. Ms. Jones asked if they would have
a septic system. Mr. Romans stated that a perk test for the septic system designs would be preformed
for each lot. Ms. Jones pressed that some areas may not be approved. Mr. Romans suggested that
raised bed sewer areas would be used in that case. Ms. Jones then went on to ask if the applicant had
considered instead of such large lots perhaps the developer would consider reducing the lot size and
adding forever green areas. Mr. Romans replied that because of the wetlands there would be a lot of
land that would be unusable as a conservatory.
Ron Detota suggested that the green areas and other areas not to be disturbed be outlined.
Chairman Lepkowski left the Public Hearing open.
A motion was made by Mr. Sharpe, seconded by Mr. Johnson to adjourn to June 13, 2007.
Motion Passed 6-0
07-2-2 Mark Emmi (3) Preliminary Plat, 7907 Morgan Road (Adjourned from 2 previous
meetings):
Hal Romans was present for the applicant.
The ZBA denied Mark Emmi’s application so the applicant is revising his request.
Chairman Lepkowski stated that he still wanted to know about the strip of property to the south. Hal
Henty stated that according to the tax map it belongs to # 75 on Princess Path.
There was a lengthy discussion regarding the ownership and the legality of the acquisition of that
property. Scott Chatfield stated that the Forest Hills Platt map shows Princess Path extending to the
applicant’s property line. Chairman Lepkowski said that the applicant would likely want to connect
to Princess Path, Altair Course and Caraway Drive if that becomes a possibility in the future, however,
this does not need to be addressed at this time.
There was also a discussion about the easement over Princess Path and a westerly turn area at the
northeast. Scott Chatfield asked if the road would be built to Town specifications. Hal Henty
suggested that if lot 3 is developed that the builder will build to town standards.
A motion was made by Bruce Johnson, seconded by Allen Kovac to adopt a resolution using standard
form # 10 that the Preliminary Plat proposed by Mark Emmi at 7907 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
Chairman Lepkowski stated that this is an open public hearing and asked if there were any questions
from the audience.
John Dukat asked where the house would be located and stated that it would be against the code. Mr.
Ducat stated that there would be no access to the house . Chairman Lepkowski stated that there would
be a private road. Mr. Ducat stated that his zoning should be changed if Mr. Emmi’s is changed .
Chairman Lepkowski suggested that he go into planning and development and speak to someone there
as far as changing his property.
A motion was made by Bruce Johnson, seconded by Karen Guinup to move from Preliminary Plat to
Final Plat.
Motion Passed 6-0
A motion was made by Karen Guinup, seconded by Allen Sharpe to adopt a resolution using standard
form # 40 granting Final Plat approval based on a map by Ianuzzi and Romans dated 12/06/06 last
revised 5/23/2007, 320.002 subject to the following conditions:
1. Westerly turn to give access to lots 2 & 3 be part of the 60' private driveway.
2. 30' unrestricted easement, for utilities and benefit of lots 1&2, to the southerly extension of
the easterly half of the property.
3. Conditional upon applicant making application for Final Plat Application and paying fee.
Motion Passed 6-0
Old Business: Hearings Closed
2007-3-7 SECNY Federal Credit Union, Zone Change Recommendation Rc-1 and LuC-1 to NC-1 -3819 Brewerton Road (From 1 previous meeting):
Chairman Lepkowski began by stating that there were issues for a bank with a drive thru at this site.
Bruce Johnson agreed stating that he felt that this building was just too large for the lot and that the
traffic flow would be greatly limited by the drive thru banking service.
Allen Kovac also agreed, adding that there would not be safe access to Walley Road without a traffic
light.
Karen Guinup stated that she did not think that it would work for this application, but, she is not
opposed to a zone change to a NC1 use for this parcel.
Scott Chatfield asked if it should be RC1 or NC1. There was a discussion about what the parcel
should be zoned. It was agreed that this parcel should not have a drive thru.
Hal Henty said that the traffic flow should still follow the right in right out traffic pattern discussed
at the previous meeting.
A motion was made by Karen Guinup, seconded by Bruce Johnson in case 2007-3-7 SECNY Federal
Credit Union, zone change Rc1 & LuC 1 to NC1 recommending to the Town Board that it is
appropriate to rezone to NC1, however that the drive thru be denied. The Planning Board agrees that
what the applicant is trying to accomplish will not work.
Motion Passed 6-0
New Business: Signs:
How Hydronics
Mark Territo presented a sign application for the other entrance of the business. The sign would be
6' high and 6' off the ground the sign would be 12' wide. There would be four businesses listed on the
sign. The planning board stated the VISA sign must be removed from the sign. Karen Guinup asked
if the sign was going to be lit. It will not.
The size of the sign was discussed. The proposed sign is too large.
The board decided that the applicant could either reduce the sign to 9' high and 32 square feet or
replace the existing sign with a better sign and remove the Visa logo.
A motion was made by Karen Guinup, seconded by Hal Henty to adjourn until June 13, 2007.
Motion Passed 6-0
Meeting adjourned at 12:20 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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