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Town
of Clay
Approved
Planning Board Minutes
June 13, 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 13th day of June, 2007. The
meeting was called to order by Chairman Lepkowski at 7:50 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
Mark Territo Commissioner of Planning and
Development
David Balcer Planner
Jill Hageman-Clark Planning Board Secretary
Approval of Minutes:
A motion was made by Hal Henty, seconded by Bruce Johnson to approve the minutes of the
meeting on May 23, 2007.
Motion Passed 7-0
Public Hearings
2007-5-4 Aluzzo Ent. ,Inc. (3) Site Plan, 3567 Route 31
Hal Romans, surveyor for Ianuzzi and Romans was present for the applicant. The applicant is
seeking a recommendation from the planning board for the parcel on Route 31 west of Route 57.
They are proposing to increase the size of the existing 3400 square foot building that housed the
former Meinike Muffler. They wouild like to build a Nappa Auto Parts Store in that space.
Mr. Romans stated that it would require 30 parking spaces and they show 32. The existing drainage
would tie in to the Niagara Car Wash as proposed. The trees lining the perimiter would stay. Mr.
Henty asked about the dumpster. Mr. Romans stated that the applicant would relocate the dumpster
however he did not want to disturb the buffer or easement. Mr. Kovac asked about the facade of
the building. Mr. Romans stated that the building would not change that much, however without
the variance the applicant had not proceeded that far yet.
Chairman Lepkowski asked if the bays would be left. Mr. Ozzula stated that the bays would be
closed.
Ms. Guinup was concerned that if this expansion were allowed and the future proposed expansion
were approved that the building would be twice the size of the original building creating a parking
issue. Mr. Romans reminded that the applicant would have to again appear before the board for
approval for another variance for future expansion.
Chairman Lepkowski asked if the business would use a cardboard crusher. Mr. Romans stated that
they would not.
Chairman Lepkowski asked if there were any questions from the audience. Russ Mitchell stated that
this was a better application than Meinke was.
Mr. Detota was concerned with modifications to the retention pond and drainage. He asked if Mr.
Ericson will be able to reduce parking for storm water runoff. Ms. Guinup suggested leaving gravel
and reducing the parking for drainage according to code.
Bruce Johnson asked if the proposed future 2000 sq’ addition would not be on the site plan. Mr.
Romans concurred.
Chairman Lepkowski stated that he would leave the Public Hearing open, and asked if anyone
would like to make a recommendation to the ZBA regarding the 20.7 sq’ addition.
A motion was made by Bruce Johnson, seconded by James Sharpe stating that this application
would not have any significant impact on the environment.
Motion Passed 7-0
Old Business: Adjourneed Hearings
2006-4-1 Jon Burdick (1) Site Plan, 8481 Oswego Road (Adjourned from 1 previous meeting)
Jon Burdick, Brian Manthey, and Ed Keplinger were present for the applicant.
The applicant wishes to expand his carlot. He has been working with Ron DeTota. The applicant
has met the requirements, including the 133 parking spaces, and buffer zones previously discussed.
His variances have been approved, and he is requesting Final Plat application.
Ron DeTota stated that he has reviewed the application and that it is satisfactory. The applicant has
met the requirements, including ingress and egress to the South, and New York Telephone sent an
approval via email.
Mr. Henty asked if the two properties will be joined at any time. Mr. Burdick stated that they would
not.
Chairman Lepkowski reminded that the Onondaga County Planning Board recommended in April
of 2006 that this application be disapproved. He then asked if there were ant questions from the
audience. Chairman Lepkowski closed the Public Hearing.
A motion was made by Bruce Johnson, seconded by Allen Kovac, to move to final plat, on the
condition that the applicant submit an application and pay fees as well as showed the required
ingress and egress.
Motion Passed 7-0
A motion was made by Allen Kovac, seconded by John Dougherty to adopt a resolution using
standard form #40 granting Amended Final Plat approval based on a map by Bottom Land
Survey PC, dated 6/7/06; final revisions 6/7/07, subject to the following conditions:
1. Submit application and pay fees.
2. Access and egress.
3. Caption of the map stamped and labeled final plat.
4. All legal and engineering.
Motion Passed 7-0
A motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using
standard for # 20 granting Site Plan approval to Jon Burdickfor expansion of the car lot at 8481
Oswego Road, based on a map by Keplinger and Freeman and Associates, dated 6/13/2007;
drawings L-0,L-1,L-2,L-3,L-4,L-5,E-1 be approved subject to the following conditions:
1. All legal and engineering approvals are met.
Motion Passed 7-0
2007-1-3 Group One Development, LLC (3) Preliminary Plat - at the northwesterly
corner of Route 31 & Van Hoesen Road (25 lots) (Adjourned from 4 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans began by addressing the drainage and easement issues from the past meeting. The
applicantr is planning to have open ditches along the the road . The ditches will be constructed
of fabric and stone with 2' of gravel to improve the stormwater quality and assist with current
drainage problems. In addition a buffer has been added .
Chairman Lepkowski asked about the width of the proposed circle, and asked if Mr. Romans
had spoken to Tom Weaver, the highway superintendant. Mr. Romans stated that he had and
that it did not seem to be a problem but that he would get it in writing if this board would like.
Mr. Henty asked if the ditches would be a problem for the street sweepers. Mr Romans stated
that there will be regular maintenance on the ditches.
Chairman Lepkowski stated that this is an open Public Hearing and asked if there were any
questions from the audience.
Joanne Jones from Van Hoesen Road stated that she and her neighbors had safety concerns with
the increase in the width of the road. The chairman recommended that the neighbors bring those
concerns to the highway department.
Mr. Johnson questioned that some of the properties would be within a 500'
boundary of the industrial zone. He asked if that should be addressed know or at Final Plat. Scott Chatfield
suggested that a statement be place in each deed stating that the lot is within500' of an industrial
zone. Mr. Romans was agreeable to this.
Chairman Lepkowski stated that the Onondaga County Planning Board wants Final Plat
deffered to them, and all concerns will be addressed.
May Dorm another resident from Van Hoesen Road wanted to know why the lots were so
large and if the developer could guarantee that the properties would not go into foreclosure
placing a burdon on the taxpayers.
Mike Jones asked about the drainage. Mr. Romans stated that there was a drainage study done.
Mr. Detota added that the DEC stated that the low impact development will generate less
water
than the current agricultural use.
Chairman Lepkowski closed the Public Hearing.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using
standard form # 10 that the Preliminary Plat proposed by Group One Development, at the
northwestly corner of Route 31 & 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 7-0
A Motion was made by Karen Guinup, seconded by Bruce Johnson to adopt a resolution using
standard form # 30 granting Preliminary Plat approval to Group One Development at the corner
of Route 31 & Van Hoesen Road based on a map by Ianuzzi and Romans, file #2868.006; dated
12/29/2006; last revised 6/11/2007 based on the following conditions:
1. The Planning Board will address the Onondaga County Planning Boards
modifications.
2. The applicant will submit Final Plat application to the Onondaga County Planning
Board for review as requested.
3. All legal and engineering approvals.
Motion Passed 7-0
2007-1-5 COR Development Company, LLC (3) Site Plan - 3838 Route 31 (Lowe’s
and restaurant space) (Adjourned from 5 previous meetings)
Kate Johnson legal counsel for COR Development was present for the applicant.
Ms. Johnson stated that the applicant would like to have both cases ( 2007-6-1 Clay South
Development Company, LLC -Final Plat) heard together. She reminded that Preliminary Plat
approval had been granted 3/14/2007. She also stated that all of the necessary engineering
changes such as grading and drainage were in place. Ms. Johnson stated that there would be no
fence around the retention pond.
Chairman Lepkowski stated that the Town of Clay has a lighting ordinance. The ordinance
states that lighting must be extinguished ( with the exception of a safety condition) 30 minutes
after the close of business until dawn. The Chairman Suggested that the lighting be reduced 30
minutes after the close of business. Taylor McDermott, representing Lowe’s said that the
Lowe’s stores reduce the lighting 10- 25% after the close of business as a regular policy.
Mr. Dougherty asked if that included all of the lights. Mr. McDermott stated that it did,
including the wall packs.
Chairman Lepkowski stated that he would close the Public Hearing.
Kate Johnson reminded that the Town Board had done a SEQR determination.
A motion was made by Karen Guinup, seconded by John Dougherty to adopt a resolution using
standard form # 20 granting Site Plan approval to COR Development LLC for the development
of the property at 3838 Route 31, based on a map by Bergmann and Associates, dated
6/13/2007, drawing #’s C00, 06109, C100, C110, C120, C121, C130, C131, C140, C141, C300,
C500, C501, C502, C503, C504, C701, be approved subject to the following conditions:
1. The pad with the restaurant will need to obtain approval before this board.
2. All legal and engineering approvals.
Motion Passed 7-0
2007-3-3 AJM Management (3) Preliminary Plat, off of West Taft Road (Kinney Drug
Store)
The applicant requested an adjournment.
A motion was made by Bruce Johnson, seconded by James Sharpe to adjourn this Public
Hearing until June 27, 2007.
Motion Passed 7-0
2007-2-3 AJM Management (3) Site Plan, off of West Taft Road (Kinney Drug Store)
A motion was made by Allen Kovac, seconded by John Dougherty to adjourn this Public
Hearing until June 27, 2007.
Motion Passed 7-0
2007-4-5 Warner Energy, LLC (3) Special Permit, 7526 Morgan Road (Adjourned from 2
previous meetings)
The applicant requested an adjournment.
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn this Public
Hearing until June 27, 2007.
Old Business: Hearings Closed
NONE
New Business:
2007-6-1 Clay South Development Company, LLC - Final Plat (COR Development LLC)
Kate Johnson legal counsel for COR was present for the applicant.
The applicant is requesting Final Plat approval for the property located at 3838 State Route 31
for the construction of a Lowe’s and a pad for a Restaurant parcel.
Ms. Johnson stated that the drainage and sewer districts have been formed and reviewed by the
Mr. Detota the town engineer. Chairman Lepkowski asked if Mr. Detota was satisfied. He
stated that he was. Mr. Detota also stated that the applicant will post securities. Ms. Johnson
stated that the operating easement agreement will be recorded in the County Court House.
Chairman Lepkowski asked if there were any questions from the audience, hearing none he
closed the Public Hearing.
A motion was made by John Dougherty, seconded by James Sharpe to adopt a resolution using
standard form # 40 granting Amended Final Plat approval based on a map by CNY Land
Surveying dated 6/13/2007; no revisions subject to the following conditions:
1. Lot 1 will be burdened with the right of ingress and egress easement of lot 2.
2. All legal and engineering approvals.
Motion Passed 6-1
Opposed - Bruce Johnson, for reasons previously stated.
New Business: Signs
Spring Storage Park - Sign request, Henry Clay Boulevard, across from Pompton Knolls
The applicant is requesting permission for a 12' tall sign. The actual signage will be 8'x4'. The
proposed sign has a small piece of signage with the phone number attached to the main sign.
Karen Guinup stated that she was not in favor of the extra piece on the sign. Bruce Johnson
agreed stating that he would rather see the overall size of the sign increased to 8'x5' and remove
the extra piece. The phone number could be placed on the sign itself. In addition the board
agreed that they would like to see the street address either instead of or in addition to the phone
number on the sign.
A motion was made by Allen Kovac, seconded by John Dougherty to approve the sign request
for Spring Storage Park on Henry Clay Boulevard, based on the following conditions:
1. The sign shall not be larger than 8'x5' and not increase in height.
2. The extra piece will be removed from the sign and the address will be placed on the sign.
Motion passed 7-0
A motion was made by James Sharpe, seconded by Allen Kovac, to adjourn until June 27,
2007.
Motion Passed 7-0
Meeting adjourned at 10:26 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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