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Town
of Clay
Approved
Planning Board Minutes
September
26, 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 26th 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
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 John Dougherty, seconded by James Sharpe to approve the minutes of the
meeting on September 12, 2007.
Motion Passed 7-0
Public Hearings
NONE
Old Business: Adjourned Hearings
2007-4-1 Prime Management, Attn: Dean DeVito (3) Site Plan, located between Route 31 and
Mendenhall Drive on the northeast side of Oswego Rd. (Rte 57) (Adjourned from 3 previous
meetings)
Dean DeVito was present for the applicant.
The applicant is proposing to divide the existing property into three separate parcels, one to be
developed for a bank. The developer would put up a stockade fence so the residential property will
not be bothered by noise or traffic. Mr. Devito also stated that they would create an easement. He
asked that the existing clause be lifted so that the property could be developed at this time without
effecting the Hall property. Mrs. Hall stated that she would like for the property to be developed
in this manor. Mrs. Hall stated that she did ask for a fence and that her only other concern is with the stormwater
run off from the parking lot but she feels confident that this will not present a problem as there is
a deep ditch to avoid such issues. Mr. Devito assured the board and Mrs. Hall that the storm water
will be addressed. He concluded by stating that he had sent information regarding Mrs. Hall’s
wishes that the property be developed in a single coordinated manor, to Mrs. Hall’s attorney as well
as to Mr. Germain, the town attorney. Mrs. Hall stated that her attorney advised her that she did
not need to sign the paper work, only state her agreement in person.
Mr. Henty stated that he was concerned that the applicant is proposing a bank. Ms. Guinup agreed
that the town would like all three parcels to be developed as one. Chairman Lepkowski reminded
that it is still up to the Town Board.
There was a discussion about the banks hours of operation. Mr. Henty mentioned the
environmental impact with regard to the drive thru traffic and the ATM. Mr. Johnson reminded that
it is all incidental until the Town Board decides.
Chairman Lepkowski asked if there were any more questions. Hearing none he closed the public
hearing.
A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this hearing until
October 24, 2007.
Motion Passed 7-0
2007-4-3 Brooks - Eckerd Pharmacy (3) Site Plan, 7245 Henry Clay Boulevard (Adjourned
from 5 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that he had met with the Army Corps of Engineers and the DEC and that the
next meeting with them would be Monday, October 1st. Mr. Romans asked fro an adjournment.
A motion was made by Allen Kovac, seconded by Hal Henty to adjourn this Public Hearing until
October 24, 2007.
Motion Passed 7-0
2007-5-2 ABC Estates, a New York Partnership (3), Site Plan - 7274 Henry Clay Boulevard
(Adjourned from 3 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that they were still in the process of testing the water and designing the sewer
line. He asked for an adjournment.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn this Public Hearing
until October 24, 2007.
Motion Passed 7-0
2007-7-1 Taft Allen LC, Zone Change Recommendation RC-1 to HC-1 5219 & 5225 W. Taft
Road ( Adjourned from 1 previous meetings)
The applicant requested an adjournment.
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn this Public Hearing until
October 10, 2007.
Motion Passed 7-0
2007-7-4 Paul Fallon (3) Site Plan, 4820 W. Taft Road ( Adjourned from 2 Previous meetings)
No one was present for the applicant.
Chairman Lepkowski stated that perhaps the Commissioner of Planning and Development should
contact the applicant to inform him of the next meeting and that if he was not present he would be
denied with out prejudice.
A motion was made by James Sharpe, seconded by John Dougherty to adjourn this Public Hearing
until October 10, 2007.
Motion Passed 6-1
Hal Henty was opposed because he felt that it should be extended further.
2007-7-6 Dave Charron, CNY Landscapes - Zone Change Recommendation RA-100 to HC-1,
5332 N.Y.S. Route 31 (Adjourned from 1 previous meeting)
Dave Charron was present.
The Town Board adjourned until October 1, 2007. Ms Guinup asked if the Town Board had closed
the Public Hearing yet. They have not. It was stated that they will keep the hearing open until the
planning board makes a recommendation. Mr. Johnson agreed that the planning board does not
usually make a recommendation until the Town Board closes the Public Hearing. Mr. Chatfield
explained that they should leave it open. There was a lengthy discussion regarding wheather the
Planning Board should make the recommendation before the Town Board closes the Public
Hearing. If the PB does, they are making a recommendation not necessarily based on all of the
information.
The Commissioner of Planning and Development indicated that the Town Board is requesting a
Recommendation from the Planning Board.
The applicant is looking for a zone change to HC-1. Mr. Henty stated that his concern would be
that if Mr. Charron went out of business what the next owner would propose with that zoning. Mr
Henty asked Mr. Chatfield if the zone change could be conditional on this particular business. Mr.
Chatfield stated that the zone runs with the land not the owner. There was a long discussion about how to protect the area and still grant Mr. Charron a zone
change.
Chairman Lepkowski asked why a nursery / greenhouse business would not be allowed in a RA-100
zone. There was a discussion about perhaps the possibility of a special permit. Mr. Charron
discussed the equipment that he would be using. He stated that he would have 3 large pick-up
trucks and 2 small dump trucks. In addition he would sell mulch, dirt stone and various other
landscaping items.
Chairman Lepkowski asked of there were any further comments.
Mr. Johnson stated that he was still confused as to why the application is for a HC-1 use instead of
RA-100, RA-100 is for nursery or green houses, HC-1 is for retail sales, it could be classified as
either. Mr. Chatfield agreed that it would fit into either classification.
A motion was made by Bruce Johnson, seconded by Hal Henty to recommend to the Town Board
that the property located at 5332 N.Y.S Route 31 to stay at the current RA-100 zoning but that the
applicant may use the property for a Commercial Nursery because it falls within the permitted use
as a greenhouse/ nursery. The Planning Board further recommends moving nursery commercial
and greenhouse commercial from (2) (a) to item (2)-(c) - Special Permit administrative approval
from the Planning Board in the RA-100 zoning code.
Chairman Lepkowski stated that a roll call vote should be conducted.
Mr. Sharpe - Yes
Mr. Dougherty - Yes
Mr. Kovac - Yes
Chairman Lepkowski - No because: Does not agree with the RA-100 or zone change to HC-1. He states applicant should submit zone change NC-1 to Town Board and approve use or go to ZBA for interpretation of use in RA-100 zone.
Mr. Johnson - Yes
Ms. Guinup -No -because: precedence has been set, zone change decisions are not made until TB closes the Public Hearing forthcoming or not.
Mr. Henty - Yes
Motion Passed 5-2
2007-8-1 Suburban Square I.N.C. / Salvatore Casale (3) - Site Plan Oswego Road (Adjourned
from 1 previous meeting)
Chairman Lepkowski stated that this applicant was placed on the agenda in error that the correct date
is October 10, 2007.
2007-8-4 Jay G. Barnhardt /JGB Enterprises, Inc. (3) -Site Plan, 4855 Executive Drive
(Adjourned from 1 previous meeting)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by James Sharpe to adjourn this Public Hearing until
October 10, 2007.
Motion Passed 7-0
ADDED To The Agenda:
2007-9-2 Country Meadows Section E, Final Plat
Hal Romans was present for the applicant.
The applicant is requesting final plat approval. There are no changes or modifications since the
approved preliminary plat. Mr. Romans stated that access would be gained from Caughdenoy Road.
Mr. Romans stated that he had met with Mr. Rowley earlier in the day and that he had a letter from
Ron Detota stating that everything was in order.
A motion was made by Bruce Johnson, seconded by Karen Guinup to wave the Public Hearing
because no changes have been made from the preliminary plat, based on a map by Ianuzzi and
Romans; dated 3/13/2007 with no revisions; file # 2868.012.
Motion Passed 7-0
A motion was made by Bruce Johnson, seconded by Karen Guinup using Standard Form # 40
granting Final Plat approval to Country Meadows Section E, based on a map by Ianuzzi and
Romans, dated 3/13/2007 with no revisions; file #2868.012, sheets 1 &2, sheets 3 &4 dated 2/7/2007
revised 5/21/2007 and sheets 5 & 6 dated 2/7/2007 revised 5/21/2007: subject to the following
conditions:
All legal and Engineering approvals.
Motion Passed 7-0
Adjourn
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn this meeting.
Motion Passed 7-0
Meeting adjourned at 9:00 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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Planning
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