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                                          Town of Clay
                                Approved
                                  
Planning Board Minutes  
                                                                                         
                                               August 8, 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 8th day of August, 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
                     David Balcer               Town Planner
                     Mark Territo              Commissioner of Planning and Development
                     Jill Hageman-Clark    Planning Board Secretary


Approval of Minutes:
A motion was made by Allen Kovac, seconded by John Dougherty to approve the minutes of the meeting on July 11, 2007.

Motion Passed 7-0

Public Hearings

2007-6-2 Thomas Hafner - Zone Change Recommendation, ½ LuC-2 & ½ NC - 1 To LuC-2
2007-6-3 Thomas Hafner (3) Site Plan 5224 W. Taft Road

Hal Romans was present for the applicant. 

The applicant is requesting to change the zone so that the entire lot will be zoned LuC-2.

The Chairman stated that both case 2007-6-2 and 2007-6-3 would be heard together.

Mr. Romans stated that the Hafners Restaurant was on a series of tax parcels and that they are requesting to be rezoned or resubdivided.  Mr. Kovac asked if the property in question was the former Monroe Muffler site. Mr. Romans stated that it was.

Chairman Lepkowski asked what the purpose of the zone change would be. Mr. Romans stated that it is 1 lot with two different zones. He further inquired what changes to the restaurant the applicant is planning to make. Mr. Hafner said that he would like to add a vestibule to the entrance for safety, as well add on to the outside deck area to the rear. Mr. Hafner said that his business is now including catering and needs additional space for the catering truck as well as storage for snow removal truck. This additional space could be gained by the demolition of the former Monroe Muffler building.

Chairman Lepkowski said that the Onondaga County Planning board reviewed this application and decided that the town could act solely. The chairman did state that the town will need a copy of the parking agreement as well as the traffic study.

Mr. Romans reiterated that the applicant would not be increasing the capacity of the restaurant and that he would make improvements to the landscaping.

Chairman Lepkowski said that he would close the Public Hearing on the zone change -2007-6-2, and that the Planning Board would make a recommendation at a later date.  He then stated that he would leave the Public Hearing open for the site plan and that the applicant could return after they had appeared before the Town Board and the ZBA for the variance application.

A motion was made by Allen Kovac, seconded by Jim Sharpe to adjourn this Public Hearing until October 10, 2007.

Motion Passed 7-0

2007-6-4 Roger Burdick -Zone Change RC-1 to GOV 5500 E. Taft Road
2007-6-5 Roger Burdick & North Syracuse Central School District (3) Preliminary Plat 5500 E. Taft Road

Hal Romans was present for the applicant. 

Roger Burdick is requesting a zone change for the property located at 5500 Taft Road from an RC-1 to a GOV zone. The North Syracuse Central School District desires to purchase the property located at 5500 Taft Road from Roger Burdick. 

Chairman Lepkowski stated that both the zone change application, 2007-6-4 and the preliminary plat application, 2007-6-5 would be heard together.

Mr. Romans explained that the applicant is requesting to divide the property into two tax parcels, one to be sold to the school district, the remaining lot would be non-conforming.

Mr. Henty asked what the district planned on using the lot for. Mr. Romans stated that they would increase the size of the bus garage. Mr. Henty asked about the possibility of a lease. Mr. Romans stated that the tax payers voted to purchase the property.

Chairman Lepkowski stated that the Onondaga County Planning Board recommended a zone change to a HC-1, on the remaining Burdick parcel.

There was a long discussion about the benefit of changing the zone to a HC-1. 

Chairman Lepkowski asked if there were any questions from the audience, hearing none he closed the public hearing on the zone change, case 2007-6-4.

The chairman stated that the preliminary plat application would stay open. He also stated that the variance could be eliminated if the applicant considered changing the zone to HC-1. Mr. Chatfield stated that the zone could not be changed to GOV on the parcel that the North Syracuse Central school district wants to purchase, that the zone would change from RC-1 to RA-100 (GOV) once it was sold to the school district.

Art Fennhahn asked if the property stayed as currently zoned RC-1 or RA-100 underlying, it would become GOV when sold to the school, would it revert to RA-100 once the school district sold it. Mr. Chatfield stated that it would.

Mr. DeTota stated that he had observed that the current Burdick site has no record of a public sanitary sewer. Currently there is a sewer serving both proposed parcels on private land and this would be a problem if they were separate tax parcels. Mr. DeTota recommended that it be a public sewer and the engineer should check the condition and review it.

A motion was made by Karen Guinip, seconded by Bruce Johnson to adjourn this public hearing until October 10, 2007. 

Motion Passed 7-0 

2007-7-1 Taft Allen LC, Zone Change Recommendation RC-1 to HC-1, 5219 & 5225 W. Taft Road

Tim Frateschi, with Harris Beach PLLC, was present for the applicant. 

The applicant is requesting a zone change from RC-1 to HC-1 for a retail project and is looking for a recommendation from the Planning Board for the future appearance before the Town Board.  There is currently a small florist shop and there was a barn at this location and the applicant would like to resubdivide two parcels into one tax parcel.

Chairman Lepkowski stated that the Onondaga County planning Board has recommend that there be no ingress and egress directly from Allen Road or Taft Road, only from the office park road.  The applicant stated that they had met with the County DOT and their recommendation did not include no ingress/egress from Allen Road only from Taft Road.

There was a lengthy discussion about the access for this parcel. The applicant agreed to provide the board with a copy of the County DOT’s report.

Chairman Lepkowski stated that he would leave the public hearing open.

A motion was made by Hal Henty, seconded by Allen Kovac to adjourn this public hearing until September 26, 2007.

Motion Passed 7-0 

2007-7-4 Paul Fallon (3) Site Plan 4820 W. Taft Road

William Headcock was present for the applicant.

The applicant is requesting extra parking spaces due to a new tenant. The applicant wishes to add parking and states that it will not effect the drainage and the wetlands. The applicant stated that the existing ditch and reservoir drain into the wetlands.

Mr. DeTota stated that he reviewed the original application from 1988 with regards to the retention basin, furthermore he was unable to locate the retention basin on the property. He found the area to be overgrown. Upon searching records Mr. DeTota was unable to find any records that the retention basin had been completed. In addition, he has received numerous calls from the residents of Metro Park with complaints of flooding from this area. Mr. DeTota recommends that a survey validating the work from 1988 be completed. He feels that the existing problems would be worsened with the increase in tarvia. In addition he would like to be provided with the details showing that the drainage reservoir is present and overgrown growth is removed.

Ms. Guinup asked about the temporary right-of-way on the site plan. Mr. Headcock did not know what it was but said that he would find out.

Ms. Guinup also inquired about the walking bridge. Mr. Henty asked if the applicant would need a building permit to build this. Chairman Lepkowski stated that he would need more details.  Mr. Headcock said that the applicant could provide the board with them.

Chairman Lepkowski asked if there were any questions from the audience. Mr. DeTota stated that he felt that the applicant should either post securities or build the retention pond prior to the Planning Boards Recommendation. The applicant needs to provide an amended site plan.  Ms. Guinup reminded that there was also no lighting plan.

Chairman Lepkowski stated that he would leave the public hearing open.

A motion was made by Allen Kovac, seconded by Karen Guinup to adjourn this public hearing until September 12, 2007 for an amended site plan application.

Motion Passed 7-0

2007-3-8 SECNY Federal Credit Union (3) Site Plan 3819 Brewerton Road

Dave Slosher of Schopfer Architects was present for the applicant.

The applicant is requesting Site Plan approval for a Credit Union. The applicant has obtained a special permit from the Town Board. The applicant is proposing bays in the back with two (2) drive-thrus. There would be one curb cut to the south. The applicant stated that the DOT wants right turn out only. The new curb cut would have full access and be 57' back on Wally Road from the intersection. The applicant stated that they have reduced the parking by 35 spaces and removed the sign allowing enough room for the access drive around the building. Additionally the employees would enter from the north (rear of the building), customers from the south reducing the amount of traffic.

The applicant included a lighting plan as well as a landscaping plan.
The applicant is proposing to decrease the light levels. The applicant also will remove the sign.  The applicant stated that they will restripe to coordinate with the new curb cuts.  Mr. Johnson asked about the peak time of business. The applicant stated that the peak time was midmorning until about 3:30 PM and the traffic generated at that time was about 35 cars per hour maximum. He also asked about the second entrance and stated that he was not in favor of it.  The applicant stated that the County DOT recommends that the existing second entrance be left as is. There was a lengthy discussion regarding the traffic pattern, Mr. Johnson stated that he was in favor of one way traffic around the building. There was also a discussion about a ‘Do Not Enter’ sign to restrict the traffic flow. The applicant stated that the County DOT was not requiring it. Mr. Chatfield reminded that they were not requiring the two curb cuts, but they would permit it. He also mention that the aforementioned curb cut was not mentioned in the County Planning Boards report.

After a lengthy discussion about the ingress and egress and the preferred circular traffic pattern, it was recommended that the applicant close one entrance.

Mr. Henty asked the applicant if they had met with the fire marshall. The applicant stated that they had not. Chairman Lepkowski said that the fire marshall should review this. The chairman also stated that he would like a letter stating that the proposed signs are acceptable and would like a ‘No Left Turn’ sign or proper signage. He stated that at the next meeting he would also like to see the lighting improved on the state highway side.

There was a brief discussion about the chain-link fence and the dumpster. 

Chairman Lepkowski stated that when the applicant returns the board will need to see something approving the second entrance. The applicant asked if they could begin interior work at this time.  Mr. Johnson stated that he was inclined to vote against this application. Mr. Henty agreed based on the location of the second entrance. Mr. Dougherty stated that he was concerned with cars stacking on Wally Road, if there were only one entrance. Chairman Lepkowski stated that he was ok with two entrances, Mr. Kovac agreed. Ms. Guinup stated that she would like to see the second entrance further from Brewerton Road.

The applicant asked if they could be on the agenda with an approved work permit frrom the D.O.T. 

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 September 12, 2007. 

Motion Passed 7-0

Old Business: Adjourned Hearings
2005-12-2 Subdivisions Inc. (3), Preliminary Plat, east side of Morgan Road, opposite Fairway East (Waterhouse Landing) (60 Lots) ( Adjourned from 4 previous meetings) 
Jason Thomas and Bob Benevento of Subdivisions Inc. were present for the applicant. 

The applicant is proposing a 60 lot subdivision on the east side of Morgan Road. 

The applicant has eliminated the two (2) retention ponds and is proposing one large pond instead.  In addition lot 33 will be a flag lot, lot 32 will be larger and have the detention basin.

Chairman Lepkowski asked if this would be phased construction. The applicant stated that it would be so. Mr. Henty stated that he was opposed to the entrance on Morgan Road opposite Fairway East even though it would be a temporary entrance.

Chairman Lepkowski reminded that the Onondaga County Planning Board recommended in December of 2005 that this application be disapproved however all of their concerns at that time have now been addressed.

There was a lengthy discussion about access to lot 33, the access must increase from 15' to 30'.  Also access to the conservatory through lots 21 and 22 must be shown. Access and maintenance of the conservatory were discussed. Mr. Henty stated that the conservatory will also need a tax map number. There was a discussion on whether access would be gained via the conservatory or through an easement.

There was a discussion about the turnaround and the need for consent from the property owner. A sign was discussed as well as the content of the sign.

A motion was made by Bruce Johnson, seconded by Jim Sharpe to adjourn this public hearing until September 12, 2007.

Motion Passed 7-0


2007-4-1 Prime Management , Attn. Dean De Vito (3) Site Plan located between Rt. 31 and Mendenhall Drive on the northeast side of Oswego Road,(Rt 57) ( Adjourned from 2 previous meetings)

There was no one present for the applicant.

A motion was made by Bruce Johnson, seconded by John Dougherty to adjourn this public hearing until September 26, 2007.

Motion Passed 7-0 


2007-4-3 Brooks —Eckerd Pharmacy (3) Site Plan, 7245 Henry Clay Blvd. (Adjourned from 2 previous meetings)

Hal Romans was present for the applicant.

Mr. Romans stated that the Army COR would be contacting the applicant on August 14, 2007 regarding the wetlands. Mr. Romans requested an adjournment for the applicant.

A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this public hearing until September 12, 2007.

Motion Passed 7-0


2007-4-4 John E. Davis / Davis Ventures LLC, Zone Change Recommendation RA100 to HC -1, 5064, 5154 &5170 State Route 31( Adjourned from 1 previous meeting) 

2007-4-6 Richard Alt & Donald W. Alt, Zone Change Recommendation RA-100 to HC-1 5236 & Vacant Land, State Route 31 (Adjourned from 1 previous meeting)

Hal Romans was present for both applicants. 

Mr. Romans stated that the Town Board requires a traffic study of Route 31/ Caughdenoy Road, Route 31/Stearns Road and Caughdenoy Road/ Stearns Road. In addition the Town Board is requesting drainage study. Mr. Romans asked for an adjournment for the applicants.

A motion was made by John Dougherty, seconded by Jim Sharpe to adjourn this public hearing until October 10, 2007.

Motion Passed 7-0


2007-4-9 SUPA , INC (3) Preliminary Plat, 4560 Buckley Road ( Adjourned from 1 previous meeting)

The applicant requested an adjournment.

A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this public hearing until September 12, 2007.

Motion Passed 7-0


2007–4-11 MS Consultants, Inc. (Best Buy) (3), Site Plan - Route 31 part of former Chase-Pitkin Home and Garden Center (Adjourned from 2 previous meetings)

Joel Hostetler of MS Consultants was present for the applicant.

The applicant presented three sign options, for the proposed Best Buy store. Option 1 was met with the most favor from the board. Option 3 was the original sign. The applicant stated that option 1 would be 35' high.

Mr. Johnson asked if the applicant would consider switching the blue and the brown on the sign reducing the amount of blue. There was a discussion about the language in the code book regarding signs.

The fire marshall relayed a comment that he did not want the ‘Geek Squad’ car parked outside of the store blocking the fire lane. The applicant agreed.

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

Russ Mitchell stated that he liked sign option 1.

The applicant requested to submit changes for administrative approval.

The Chairman stated that he would table the matter until later.

2007-5-2 ABC Estates, a New York Partnership (3) Site Plan - 7274 Henry Clay Blvd. (Adjourned from 2 previous meetings)

Hal Romans was present for the applicant.

Mr. Romans stated that the applicant did not receive the variances that they had requested. The applicant is currently working on the stormwater and the sanitary sewers. There are some modifications being made to the driveway, to change from curved to straight. There will only be two bedroom apartments. The applicant is proposing garages with storage areas. The applicant will show the new updates at the next meeting.

Mr. Dougherty asked about the landscaping to screen the back of the garage on Henry Clay Boulevard. 

Chairman Lepkowski asked if the apartments would connect to Kennedy Apartments. Mr. Romans stated not at this time. He also stated that the apartments would be similar to the Willow Stream Apartment complex.

A motion was made by Hal Henty, seconded by Jim Sharpe to adjourn this public hearing until September 26, 2007.

Motion Passed 7-0.


2007-5-4 Aluzzo Ent., Inc. (NAPPA) (3) Site Plan, 3567 Route 31 (Adjourned From 2
previous meetings)

Hal Romans was present for the applicant.

The applicant is proposing to alter the existing Mieneke building into a Nappa building at 3567 State Route 31. The building would be painted grey with a blue steel roof. There will be no bays in the front of the building. There have been slight modifications to the previous stormwater drainage. The stormwater basin is already existing on lot 2. The applicant is proposing wall pack lighting. The applicant wishes to pursue a sign package after the site plan approval.

Mr. Johnson and Ms. Guinup voiced their concerns about the color blue of the roof. They were in agreement that they would prefer the roof to be a deeper more navy color. The applicant was in agreement.

The chairman closed the public hearing.

A motion was made by Jim Sharpe, seconded by John Dougherty to adopt a resolution using standard form #10 that the Site Plan proposed by Aluzzo Ent. For a NAPPA store at 3567 State Route 31 be declared a negative declaration as there appears to no 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 Jim Sharpe, seconded by Allen Kovac to adopt a resolution using standard form # 20 granting Site Plan approval to Aluzzo Ent. For a NAPPA store at 3567 State Route 31, based on a map by Ianuzzi & Romans dated 4/26/2007; revised 8/8/2007, file # 3263-001 be approved subject to the following conditions:
1. Show detention volume at the projected high water per drainage reports from Clough Harbor dated 8/7/07. 

Motion Passed 7-0 


2007-6-7HUB Properties TRUST c/o Reit Mgt. And Research LLC (3), Special Permit 8667 Carling Road ( Bryant and Stratton) (Adjourned from 1 previous meeting) 

2007-6-8 Hub Properties - TRUST c/o Reit Mgt. And Research LLC (3), Site Plan 8687 Carling Road ( Bryant and Stratton) (Adjourned from 1 previous meeting) 

2007-6-9 Hub Properties - TRUST c/o Reit Mgt. And Research LLC (3), Site Plan 8667 Carling Road ( Bryant and Stratton) (Adjourned from 1 previous meeting) 

Jamie Sutphin, and Mark Weiss were present for the applicant.

The applicant is requesting a special permit to add 26 parking spaces to a second lot.

The applicant has added a buffer to lot 2 so that no variance will be required. They have added 2 light poles and a photometric study. There is a masonry dumpster enclosure.

Chairman Lepkowski stated that Laser Drive had not yet been dedicated to the town but that it was presumed a town road. He also stated that a variance was not necessary for lot 1 because it is a preexisting nonconforming lot and the dumpster location was okay with the board.


Mr. Chatfield asked about the side yard set back in conjunction with the dumpster. Mr. Territo, the commissioner of planning, determined that it is a perimeter strip, allowing for application as proposed.

Mr. DeTota stated that the stormwater is acceptable.

Chairman Lepkowski closed the Public Hearing on all three cases.

A motion was made by Bruce Johnson, seconded by Jim Sharpe to adopt a resolution using a standard form #10 that the Site Plan proposed by HUB Properties Trust c/o Reit Mgt. And Research for the property located at 8687 and 8667 Carling Road cases # 2007-6-7, 2007-6-8, 2007-6-9, be declared a negative declarations there appears to be no environmental impact which could not be mitigated and does not include any other agencies including the Federal Government. 

Motion Passed 7-0

A motion was made by John Dougherty, seconded by Allen Kovac to adopt a resolution using standard form #20 granting special permit for Site plan approval to HUB Properties Trust c/o Reit Mgt. And Research for the property located at 8667 Carling Road for a 74 space parking lot based on a map by M.V. Weiss and Associates dated 8/8/2007 file # 200704 to allow required parking on adjacent site, subject to legal and engineering approvals.

Motion Passed 7-0

A motion was made by Jim Sharpe, seconded by John Dougherty to adopt a resolution using standard form #20 granting special permit for Site plan approval to HUB Properties Trust c/o Reit Mgt. And Research for the property located at 8687 Carling Road, based on a map by M.V. Weiss and Associates dated 8/8/2007 file # 200704, subject to legal and engineering approvals.

Motion Passed 7-0


2007-6-10 Ruth R. Dattler (3) Preliminary Plat - 8222 Maple Road (Adjourned from 1 previous meeting)

2007-7-3 Ruth R. Dattler - Final Plat

Hal Romans was present for the applicant. 

Chairman Lepkowski stated that the Onondaga County Planning Board recommended that 60' right-of-way be reserved for cross connectivity.

A motion was made by Bruce Johnson, seconded by John Dougherty to move to Final Plat.

Motion Passed 7-0

A motion was made by Karen Guinup, seconded by Bruce Johnson using standard form # 10 that the Preliminary Plat proposed by Ruth R. Dattler at 8222 Maple Road 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 Bruce Johnson, seconded by Hal Henty to adopt a resolution using standard form # 40 granting Final Plat approval based on a map by Ianuzzi & Romans dated 2/5/2007; revised 8/9/2007 file # 11101 subject to all legal and engineering conditions.

Motion Passed 7-0

2007-4-11 MS Consultants, Inc. (Best Buy) (3), Site Plan - Route 31part of former Chase-Pitkin Home and Garden Center (Adjourned from 2 previous meetings)

A motion was made by Allen Kovac, seconded by John Dougherty to adjourn this public hearing until September 12, 2007.

Motion Passed 7-0


Old Business: Hearings Closed

2007-7-7 Lawton Valley - Approved Sections 17

Hal Romans presented for the applicant.

Mr. Romans stated that he had met with Joe Alberici regarding 2008 construction. The applicant is seeking approval for a final plat for 23 lots in section 17. The stormwater facility is in order.  Ron DeTota stated that he is ok with the plan.

A motion was made by Allen Kovac, seconded by John Dougherty to adopt a resolution using standard form # 40 granting Final Plat approval to Lawton Valley Hunt, section 17 based on a map by Ianuzzi & Romans dated 6/23/2006; revised 7/10/2006 file # 1774.004

Motion Passed 7-0

New Business

2007-6-6 Roger Burdick & No. Syr. Central Schools - Final Plat

A motion was made by Hal Henty, seconded by Jim Sharpe to adjourn this public hearing until October 10, 2007.

Motion Passed 7-0


RESOLUTION-

230-12 B. Lists special districts 
However the code contains no regulations specific to the GOV ““Special District””. Therefore the GOV district does not really exist. The Planning Board also observes that the GOV designation is indicated on the zoning map for information purposes. It implies that the underlying zoning designation of GOV properties is RA-100. While that may be the case for all other GOV parcels, the parcel located at 5500 E. Taft’s underlying zone is RC-1, not RA-100.  It seems to the Planning Board that one approach would be to amend the code to provide that GOV is a zoning district in which the allowable uses are limited to Governmental uses. With such an amendment the requested zone change could proceed.  If this approach is followed, the Town Board may want to look at what, if any, additional regulations should be included, i.e. site plans, special permits, etc. (What procedures must be followed)


SIGNS

Hampton Inn-

David Balcer presented for the applicant.

The applicant has approval for the sign however it is located outside of the property lines, in the right-of -way.  There was a discussion regarding emergency access and snow removal.  It was decided that the applicant has received permission for the sign but they should be made aware that they are responsible because of the location.


Colonial Village-

David Balcer presented for the applicant. 

The applicant wishes to place individual signs on the buildings.

The board decided that the applicant should follow the original plan.


Adjourn:

A motion was made by Bruce Johnson, seconded by Hal Henty to adjourn this meeting.

Motion Passed 7-0

Meeting adjourned at 1:37 AM.

Respectfully Submitted,




Jill Hageman-Clark

                                                


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