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Town
of Clay
Approved
Planning Board Minutes
September
12, 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
12th day of September, 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
David Balcer Town Planner
Jill Hageman-Clark Planning Board Secretary
ABSENT: Mark Territo Commissioner of Planning and Development
Bruce Johnson Deputy Chairman
Approval of Minutes:
A motion was made by Allen Kovac, seconded by James Sharpe to approve the minutes of the meeting on August 8, 2007.
Motion Passed 7-0
Public Hearings
2007-7-6 Dave Charron, CNY Landscapes - Zone Change Recommendation RA-100 to HC-1, 5332 N.Y.S. Route 31
Dave Charron was present.
The applicant wishes to obtain a zone change so that he can relocate his existing retail garden center. He plans to sell plants, trees and other garden supplies. Mr. Charron stated that he feels that this location would be appropriate for this business and that the neighboring small engine repair shop would also benefit.
Chairman Lepkowski asked if the applicant was going to change the location of the driveway. He stated that he would only widen it. The Chairman also inquired how much traffic the applicant thought that this business would generate. Mr. Charron stated that he figured about 30-40 cars a day.
Ms. Guinup asked how large the lot was. The applicant said that each of the two lots are 1.5 acres and he would like to combine them for a 3 acre lot.
Mr. Kovac asked if the existing parcel will meet the HC-1 requirements. It was noted that the square footage does not meet the code for RA-100.
Chairman Lepkowski asked if there were any more questions, hearing none he closed the Public Hearing and explained that the Board would make a recommendation to the Town Board at a later date.
2007-8-1 Suburban Square I.N.C. / Salvatore Casale (3) - Site Plan, 7990 Oswego Road
Sal Casale president of Suburban Square was present.
The applicant is requesting Site Plan approval for an adjunct storage unit located at the rear of the property. The applicant has obtained a variance for a side yard setback.
There was a lengthy discussion about the number of parking spaces. Mr. Kovac asked if the applicant would be able to add additional parking to the side of the restaurant business. The applicant stated that currently that area is being used for excess parking though it is not depicted on the map as parking.
Chairman Lepkowski calculated the number of parking spaces that there are at this time and the lot is lacking required parking. The applicant could use some of the grassy area for parking as well as the area to the side. The chairman stated that these areas should be shown on the map. Mr. Casale said that there are very few times that the parking lot is that full, he further explained that the businesses have different peak business hours. Mr. Casale also stated that his property lost 4 rows of parking when the state widened the road.
Chairman Lepkowski asked how the storage building would impact the amount of required parking. Mr. Henty stated that the an additional 1˝ parking spaces would be required for warehouse. Current zoning code requires 278 spaces. Applicants map shows 140 spaces, may require applicant to go to ZBA for a parking variance.
The fire marshall stated that on his end the site plan looked okay as there is a clear path around the building for emergency vehicles. The chairman asked the fire marshall if there was a problem with the power wires above the proposed structure. The fire marshal stated that if there is no problem with National Grid he did not see a problem. Mr. Casale stated that National Grid had already approved this from their point and could get written approval stating so. The chairman asked if the power lines were in an easement. The applicant said that there is no easement, the power lines are on the property line.
The discussion of dumpsters was addressed. Mr. Casale stated that there were two dumpsters for the restaurant and two more for the other businesses. The chairman said that he would like to see the dumpsters enclosed. Mr. Casale asked if this was a town rule. Chairman Lepkowski explained that it keeps out animals and vandals and keeps the town neater.
David Balcer reminded the Board that the County had not made their recommendation. Chairman Lepkowski stated that the planning board could not act until the County tenders their recommendation.
The chairman stated that prior to the next meeting, the applicant should:
Indicate the zone on the Site Plan. Show the location of the enclosed dumpsters.
Survey the property and show any additional parking and reflect it on the Site Plan. List the variance / number on the Site Plan. Label proposed future or reserved parking (for over flow). Obtain a letter from National Grid stating that they approve of the placement of the structure with regards to the power wires.
Chairman Lepkowski asked if there were any questions, hearing none, he stated that he would leave the Public Hearing open.
A motion was made by James Sharpe, seconded by Allen Kovac to adjourn this hearing until September 26, 2007.
Mr. Casale asked if the hearing could be adjourned until the October 10th meeting as he would not be available on the 26th of September.
A motion was made by James Sharpe, seconded by Allen Kovac to adjourn this hearing until October 10, 2007.
Motion Passed 6-0.
2007-8-4 Jay Bernhardt / JGB Enterprises, Inc. (3) - Site Plan 4855 Executive Drive
Rod Ives of Napierala Consulting was present for the applicant.
The applicant is proposing an addition to one of the three buildings on an existing 12 acre parcel.
The 37,000 square foot building is used for specialty metals. The applicant is requesting permission for a 15,000 addition to square off the rear of the building. The applicant stated that there would be 30,000 square feet of manufacturing space, 68,000 square feet of warehouse space and 12,000 square feet of office space. The applicant stated that they are proposing two asphalt pads for tractor trailer traffic through the building for deliveries.
Mr. Ives stated that there are 190 existing parking spaces and they are showing 140 additional and 10 spaces on the north pavement. The applicant stated that they could add 35 additional parking spaces if necessary.
Mr. Michelson of the Moyers Corners fire department stated that the access would be better than it is presently.
Chairman Lepkowski asked Mr. Michelson if the fire department needed to check the chemicals and hazardous materials. The fire marshall stated that he would pass the information along to the fire chief, as he was not aware of the use of chemicals. Mr. Michelson asked if the addition would be sprinkled. The applicant said that it would. Fire Marshall stated that the County recommended that a fire hydrant should be placed 400' from the building if the building is not sprinkled, 600' if it is.
Ron DeTota asked if there are two separate tax parcels. The applicant stated that it is recorded as 1 tax parcel. Mr. DeTota asked about the detention basin. There was a lengthy discussion about the impact it has on the adjacent areas with regard to flooding. The applicant stated that they had made improvements to the stormwater since the 2003 site plan. Mr. DeTota stated that the plan was 2001 not 2003. Mr. DeTota said that he would need to see supporting information to show these improvements.
Chairman Lepkowski stated that the County recommendations should be back within two weeks and could not go further with out their comments. He then asked if there were any more questions. There were none.
A motion was made by Karen Guinup, seconded by John Dougherty to adjourn this Public Hearing until September 26, 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) ( Adjourned from 4 previous meetings)
Tom Oot was present for the applicant.
Mr. Oot stated that all of the concerns presented at the previous meetings have been addressed. The flag lot (33) now has 30' of road frontage. The access easement has been relocated. A change that evolved is that they can no longer connect the Gabor property with Waterhouse Road.
Mr. Oot stated that they have contacted COR to reach an agreement regarding access. Mr. Oot stated that he is also meeting with Mr. Bargabos to purchase property for access. In addition the county is willing to help with funding for the traffic improvement.
Mr. Oot said that they have shown a temporary cul-de-sac to be contructed until the purchase of the property.
Mr. Chatfield said that all of the lots are useable. He asked if the land conservatory would have a tax exempt status. The applicant said that it would, but resident use would be allowed.
Mr. Henty was concerned about the traffic light.
Mr. DeTota said that a note should be added that lots 1-8 shall have no access onto Morgan Road. Also the new parcel for the land conservatory should be combined with the adjacent larger parcel.
Mr. Chatfield discussed the dedication of the open space to the town. Mr. Oot asked if the dedication could take place after the completion of the 1st section, the northerly area. It was decided that the conveyance of the dedicated land would be decided at Final Plat.
Chairman Lepkowski reminded that because the County Planning Board recommended that this application be denied, that it must pass by majority + 1.
Chairman Lepkowski asked if there were any questions, hearing none he closed the Public Hearing and asked for a SEQR determination.
A motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard Form #10 that the Preliminary Plat proposed by Subdivisions Inc. for the property located on the east side of 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
A motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard Form # 30 granting Preliminary Plat approval to Subdivisions Inc. based on a map by Forest L. Seguin, dated 5/19/2007; last revised on 9/12/2007, project # 1-07-27, subject to the following conditions:
Map will be modified to indicate that lots 1-8 shall have no driveway access onto Morgan Road. The parcel shown to the west of lot 44 will have the lot line eliminated on the map. Also noting that the board has substantially addressed all of the issues made by the county in their recommendation.
Chairman Lepkowski reminded that the Onondaga County Planning Board initially recommended that the board disapprove, therefore a roll call should be done.
Mr. Sharpe - yes
Mr. Dougherty- yes
Mr. Kovac - yes
Chairman Lepkowski -yes
Ms. Guinup - yes
Mr. Henty -no
Motion Passed 5-1
2007-4-3 Brooks —Eckerd Pharmacy (3) Site Plan, 7245 Henry Clay Blvd. (Adjourned from 4 previous meetings)
The applicant requested an adjournment.
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn this Hearing until September 26, 2007.
Motion passed 6-0
2007-4-9 SUPA , INC (3) Preliminary Plat, 4560 Buckley Road ( Adjourned from 2 previous meeting)
The applicant withdrew the application.
2007–4-11 MS Consultants, Inc. (Best Buy) (3), Site Plan - Route 31 part of former Chase-Pitkin Home and Garden Center (Adjourned from 3 previous meetings)
Annique Van Kley of M.S. Consultants was present for the applicant.
The applicant is proposing to construct a Best Buy store.
Mr. Henty stated that there were some inconsistencies with the dates on the map. He asked if this would present a problem. Mr. Chatfield stated that it would not as long as the maps are referred to by date.
There was a discussion about the drainage. The applicant is proposing to remove some of the concrete and replace it with grass. The seeded area will assist with drainage.
Chairman Lepkowski asked if there were any more questions, 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 #10 that the Site Plan proposed by M.S. Consultants for a Best Buy store located in the former Chase Pitkin store on Route 31 be declared a negative declaration as there appears to be no environmental impact which could not be mitigated and does not involve any other agencies including the Federal Government.
Motion Passed 6-0
A motion was made by Allen Kovac, seconded by John Dougherty to adopt a resolution using standard form #20 granting Site Plan approval to M.S. Consultants for a Best Buy retail store based on maps by Freeland - Clinkscales and Associates, and Young Hobbs and Associates pages D-1, C-1 thru C-6, AS1 and AS2 as presented by MS Consultants and including signage as presented on southerly side of the building as depicted on S/4. Revised 6/20/2007 pages C-1, C-2 and C-4.
Motion Passed 6-0
2007-7-4 Paul Fallon (3) - Site Plan, 4820 W. Taft Road (Adjourned from 1 previous meeting)
No one was present for the applicant.
A motion was made by John Dougherty, seconded by Karen Guinup to adjourn this Public Hearing until September 26, 2007.
Motion Passed 6-0
2007-3-8 SECNY Federal Credit Union (3) - Site Plan, 3819 Brewerton Road (Adjourned from 1 previous meeting)
Dave Slosher was present for the applicant.
The applicant is proposing a credit union in the former Burdick building located at 3819 Brewerton Road.
The applicant stated that the County had met with the state D.O.T. and that the county has removed any reference to any curb cuts. The county did recommend more landscaping. The lighting has been amended from the last plan.
Chairman Lepkowski asked if the fire department had reviewed this plan. The fire marshall stated that the plan is o.k. as presented.
There was a discussion about the grading where the sign has been removed. Additionally the chairman suggested that the applicant remove 3' of asphalt to add shrubs to add a buffer for the residential property behind.
Chairman Lepkowski asked if the board was o.k. with the ingress and egress. Mr. Dougherty stated that he was concerned with the two way traffic pattern. The chairman stated that this being a credit union, would have less traffic than other businesses.
The applicant stated that the traffic signs would be the state approved signs as requested by this board. The business sign was then discussed. The applicant stated that the sign would be a solid block backlit pedestal sign.
Ms. Guinup asked if there would be any other changes to the exterior. The applicant stated that the only changes would be the signage and touch-ups.
Mr. Chatfield stated that the second referral from the county dated August 8, 2007 resolved the issues with the curb cuts however the internal traffic flow was not addressed. There was a discussion about whether or not the lights of the cars with the two way traffic pattern would impact on the oncoming traffic. Chairman Lepkowski suggested that small bushes may reduce the amount of headlight glare.
The chairman asked if there were any more questions, hearing none he closed the Public Hearing. Mr. Kovac asked if this required a super majority. Chairman Lepkowski stated that it did not require a majority because all of the County’s planning concerns have been addressed.
A motion was made by Karen Guinup, seconded by Allen Kovac using standard Form #10 that the Site Plan proposed by SECNY Federal Credit Union be declared a negative declaration as there appears to be no environmental impact which could not be mitigated and does not involve any other agencies including the Federal Government.
Motion Passed 6-0
A motion was made by James Sharpe, seconded by Allen Kovac to adopt a resolution using standard Form # 20 granting Site Plan approval based on a map by Schopfer Architects LLP, dated 7/09/2007; last revised 8/14/2007, file # 0635, subject to the following conditions:
Approval by the Commissioner of Planning
Additional shrubbery to be placed on the east side of the property to reduce headlight glare. To the west side along the fence, 3' wide from existing green space.
Motion Passed 5-1
Mr. Dougherty was opposed stating concerns over traffic.
Old Business: Hearings Closed
NONE
New Business
2007-8-8 Merle Builders, Inc. - Amended Final Plat, block 9 Copperstone Woods
David Balcer presented for the applicant.
Chairman Lepkowski stated that this should be returned to the applicant so that he can resolve issues with this application. Lot lines do not correlate with as built layout of the building.
2007-8-10 Angelo Chiodo - Final Plat, Allen Road & Bear Road
The applicant is proposing 8 residential lots to be located at the corner of Bear and Allen Roads.
A motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard form # 40 granting Final Plat approval based on a map by D.W. Hannig L.S., P.C. dated 8/30/2007, last revised 9/12/2007, subject to all Legal and Engineering approvals.
Motion Passed 6-0
Town of Clay Text Amendment Recommendation, for Local Law No. 8 of the year
David Balcer presented.
Mr. Balcer stated that the town wishes to amend local law # 8.
A motion was made by Allen Kovac, seconded by John Dougherty to recommend to the Town Board to approve the amendment of Local Law # 8 of the year 2007, Amending Chapter 230 entitled “ ZONING”, Section 230-16B, HC-1 Highway Commercial District, (2) Uses allowed , (b) Planning Board Site plan approval, to add [11] Instructional facility, 230-16c, RC-1, Regional Commercial District, (2) Uses allowed 9b0 to add [16] Instructional facility; and to section 230-15A,O-1 Neighborhood Office District, (2) Uses allowed, (b) to add [3] Instructional facility and to remove Subsection (e): and to Section 230-15B, O-2 Office district, (2) Uses allowed, (b) to add [3] Instructional facility and to remove subsection (e)[4] and to renumber accordingly, to the Code of the Town of Clay. The purpose of this proposed amendment is to allow a use entitled Instructional facility within HC-1, RC-1, O-1 and O-2 Districts, as is allowed in NC-1, which was inadvertently omitted or placed in an improper subdivision.
Motion Passed 6-0
Adjourn:
A motion was made by Karen Guinup, seconded by Hal Henty to adjourn this meeting.
Motion Passed 6-0
Meeting adjourned at 11:46 PM. .
Respectfully Submitted,
Jill Hageman-Clark
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