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Town
of Clay
Approved
Planning Board Minutes
January 23, 2008
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 23rd day of January, 2008. 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
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
ABSENT: Allen Kovac Member
Public Meeting:
Minutes of Previous Meeting
Public Hearings:
2007-10-4 Severino & Bonnie Marini (3) Site Plan – 7452 Oswego Rd.
Serverino and Bonnie Marini were present.
The applicant is requesting site plan approval for an Instructional Facility to conform with the Town Zoning Code.
The applicant stated that this is not really an instructional facility such as Huntington or Sylvan Learning Centers. She stated that this is a new concept of ‘Educational Therapy’. This concept comes from California. The applicant stated that this does not fall with in the states definition of a Learning Facility. Mr. Balcer asked for clarification about what classification Ms. Mariani thought she fell under in zoning classification, instructional facility or medical office. Mr. Chatfield added that if you don’t fit into a classification than perhaps it would be about finding the ‘best fit’, under our zonings definition of allowed uses.
There was a lengthy discussion about the zone and what the appropriate classification for the business would be.
The discussion turned to the entrance to the parcel. It was previously stated by the county and the town planning boards that they would require the access from Route 57 closed and access only from the rear. Chairman Lepkowski stated that the Commissioner of Planning and Development had determined that this would be an Instructional Use therefore it would fall into that category. He did mention that the applicant could appeal to the Zoning Board of Appeals, for an interpretation. There was further discussion about the curb cuts and the Town Boards desire to eliminate the cuts onto Route 57. The applicant stated that the County Department of Transportation stated in a letter that a right turn in and rear exit would be o.k.
The Chairman asked if he could have a copy of that letter. The applicant stated that they would get him one. They also indicated that the neighbor to the north of the property would like to open the curb cut to allow his patrons entrance from Route 57. Ms. Marini said that the neighbor indicated that he had a decrease in business due to the closing of the entrance and exit from Route 57. Mr. Chatfield explained that whatever the applicant does, they need to show it on a revised Site Plan. The Chairman explained that allowing traffic to enter two businesses from Route 57 would be very dangerous. The applicant stated that it would be too expensive to put in an access road. The applicant indicated that the business next door (insurance company) would like to have his customers enter from Route 57 as well and had discussed with the applicant the possibility of sharing a driveway into the businesses from 57 (right turn in). the applicant further stated that the insurance company had lost business due to the closing of the access from Route 57.
The discussion then turned to who’s responsible for connecting the two driveways so that the applicant has access to Laurel Road. Mr. Chatfield said that the burden would fall on the applicant. After much discussion about the driveway and the use, Mr. Marini asked if the assessment would go up. Mr. Henty suggested that the applicant check with the assessor.
The Chairman felt that the applicant had a better chance for approval if the access from Route 57 were closed off. He also recommended that the applicant ask if the owner of the adjoining property might be willing to help with the cost of the extension of the drive. He then told Mr. and Mrs. Marini that they needed to have a new map with the driveway eliminated and the connecting road in the back shown on the map.
The Chairman asked if there were any questions, hearing none he asked for an adjournment.
A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn this Public Hearing until March 26, 2008.
Motion Passed 6-0
2007-10-12 Clay Park, LLC, Zone Change Recommendation, RA-100 to HC-1 & R-Apt NYS Route 31 & Caughdenoy Road
The Chairman said that we would hear this application later in the evening as the applicant was at the Town Board Meeting at the time.
2007-11-6 Anthony J. Farone, Zone Change Recommendation, O-2 to NC-1 – State Route 31 (Tax Map # 052-02-34.0) (empty lot west of St. Elizabeth Ann Seton Church)
Attorney Bob Ventre was present for the applicant.
Mr. Ventre explained that the applicant is proposing a 8000 square foot funeral home to be built on this 2.11 acre parcel.
Mr. Johnson stated that he was concerned with the amount of parking that would be available. Mr. Ventre said that Monsignor Finnegan would be willing to allow the overflow to park at the church (next door) because he would rather see the property cleaned up and maintained. There was a discussion about what would be allowed in a NC-1. This would include a Personal Service, which the funeral home would fit into, Daycare, Office and Retail under 5000 square foot.
The Chairman also stated that he had a letter from Monsignor Finnegan stating that he would like to see Farone Funeral Home in this site.
The Chairman reminded that this was an open Public Hearing and asked if there were any questions, hearing none he closed the Public Hearing and asked if the board was ready to make a recommendation to the Town Board.
A Motion was made by Jim Sharpe, seconded by John Dougherty, using standard form #50, Recommending to the Town Board that the Zone Change from O-2 to NC-1, requested by Anthony J. Farone, for the property located on Route 31, tax map # 052-02-34.0 be Approved as;
1. It fits in with the existing businesses.
2. It will not negatively affect the character of the area.
3. It will not negatively affect traffic.
Motion Passed 6-0
Old Business: Adjourned Hearings
2007-5-2 ABC Estates, a New York Partnership (3), Site Plan- 7274 Henry Clay Blvd. (Adjourned from 6 previous meetings)
Hal Romans requested an adjournment for the applicant.
A motion was made by John Dougherty, seconded by Hal Henty to adjourn this Public Hearing until March 12, 2008.
Motion Passed 6-0
2007-8-1 Suburban Square I.N.C. / Salvatore Casale (3) – Site Plan, 7990 Oswego Road (Adjourned from 4 previous meetings)
No one was present for the applicant.
The Chairman asked for someone to make a Motion authorizing the Commissioner of Planning and Development to notify the applicant that he will be on the agenda for the next meeting. If the applicant is not ready at that time, the Board will deny this application without prejudice.
Mr. Johnson stated that the applicant should not be denied at this time, as the other applicant had not been notified that he was on that night’s agenda.
A motion was made by Bruce Johnson, seconded by Hal Henty, to put the applicant on for the next meeting. The Chairman stated that the Commissioner should send the applicant a letter notifying him that he will be on the agenda.
Motion Passed 6-0
2007-8-4 Jay G. Bernhardt / JGB Enterprises, Inc. (3) - Site Plan, 4855 Executive Drive (Adjourned from 4 previous meetings)
Jim Emery of Napierala Consulting was present for the applicant.
The applicant is proposing a 13,600 square foot addition. The last revision shown is on November 30, 2007. Mr. Johnson pointed out that the additional parking is not shown on the existing subdivision map that was approved but never filed. The applicant stated that they do not wish to subdivide; they would like to keep the lot as one. Mr. Chatfield agreed that if the map was not filed with the County that it was not valid.
There was a discussion about the easements and whether or not they were public or if a conveyance was done. Mr. Napierala stated that they were permanent. Mr. DeTota said that the stormwater basins seem reasonable. He then asked if the conveyance of the easement had been presented to the highway superintendent. Mr. Napierala said that he was not sure, that he was standing in for someone and was not completely familiar with the case.
The Chairman asked where the access to the Metropolitan Park would be. Mr. Napierala said that he was not sure.
Mr. Johnson made a motion to adjourn to the next meeting. Hal Henty seconded the motion. Chairman Lepkowski stated that Mr. Napierala was trying to make a presentation and that he would like him to continue.
Mr. Chatfield asked if the turn around had been reconfigured, that it looked as though there was a minor modification to the previous site plan. Mr. Dougherty asked what is there now. Mr. Chatfield asked which shape (tear drop or round) the highway superintendent had approved. Again Mr. Napierala stated that he was not sure. Mr. Chatfield told that applicant that he must make application for amended subdivision approval. That he will also need to correct the road, and the site plan so that it complies with the subdivision.
There was further discussion about the stormwater runoff and drainage.
The Planning Board Attorney advised the applicant that the easements need to be filed prior to approval. He also advised that the applicant would not need to advertise when they have the amended Final Plat.
There was a discussion about the payment ( for re-advertising) and whether it should be waved or not. Mr. Henty said that he would like to see what the highway superintendent had to say about the shape of the road.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn this Public Hearing until March 26, 2008.
Motion Passed 6-0
2007-10-12 Clay Park, LLC, Zone Change Recommendation, RA-100 to HC-1 & R-Apt – NYS Route 31 & Caughdenoy Road
Hal Romans was present for the applicant.
The applicant is proposing a zone change for 17.3 acres of the 41-acre parcel located at the intersection of Route 31 and Caughdenoy Road. The applicant stated that a traffic study had been preformed form the Davis / Alt application for the bordering property. The Onondaga County Planning Boards referral asked for a traffic impact study. The Town Board adjourned this application until March 1st. Chairman Lepkowski asked if the traffic study would include the proposed retail development and traffic light at the intersection of Lawton Road and Route 31. Mr. Romans said that this could be added to the study. The chairman said that the study should reflect this. He added that he would like to see the developers work together in this area. He added that he was concerned that this small hamlet will be surrounded by commercial development.
The Chairman asked if there were any questions from the audience. Jean Gyatt asked where the road would go, adding that she was concerned that she would not be able to get out of her driveway. Mr. Romans stated that he would work with the town to reduce her concerns. Ms. Guinup said that the road could be moved.
Nancy Kotts inquired as to what kind of apartment buildings the applicant is proposing. Mr. Romans stated that they would be upscale apartment buildings. There would be about 150 units on 23.7 acres. He reminded that if the zone change were to be approved that the applicant would still need to appear before the board for Site Plan approval prior to building.
Ms. Kotts asked what type of commercial development the applicant is proposing. Mr. Romans said possibly bank, credit union or retail.
The Chairman said that he would keep the Public Hearing open.
A motion was made by Jim Sharpe, seconded by John Dougherty to adjourn this public hearing until March 26, 2008.
Motion Passed 6-0
2007-8-9 Truax & Hovey (3), Site Plan – 4483 Buckley Road (Adjourned from 2 previous meetings)
The applicant requested an adjournment.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn this Public Hearing to February 27, 2008.
Motion Passed 6-0
2007-10-3 Affordable Senior Housing Opportunities of NY – Zone Change Recommendation, RA-100 & R-10 to R-Apt, corner of Bear & Davis Road
(Adjourned from 2 previous meetings)
The applicant is looking for a recommendation from the Panning Board for a zone change. This is the third appearance before the Town Board.
The Chairman asked if the board wanted to adjourn until after the traffic study has been completed to make a recommendation to the Town Board.
John Dougherty said that he was comfortable with making a recommendation now, and that the traffic study would not impact his recommendation. The Chairman agreed adding that he loved the concept but has concerns with the traffic and the intense usage. He concurred that the traffic study would not sway his decision. Karen Guinup said that she doubted that the traffic study would be more favorable. She stated that there is a need for this type of development however this is the wrong spot for this because of the traffic concerns. John Dougherty stated that his concerns were more about the character of the neighborhood and the three existing complexes than the traffic situation. Bruce Johnson agreed with the traffic concerns adding that the school was a traffic concern as well. He felt that this would have too much of a negative impact on the neighborhood. Karen Guinup said that she was also concerned that if this senior apartment complex failed and it became a regular apartment complex, there would be a real traffic issue.
Hal Henty said that he felt that this would present negative traffic issues but liked the concept.
Jim Sharpe agreed adding that the 15 mile per hour school zone only added to the traffic issues. He stated that we need this type of development but not in such a clustered area.
A motion was made by John Dougherty, seconded by Jim Sharpe using standard form # 50 Recommending to the Town Board that the zone change requested by Affordable Senior Housing at the corner of Bear and Davis Roads be Denied as:
1. It is not suitable for the area.
2. Increase traffic concerns.
3. The new zone occupancy would be too intense.
4. Already too highly dense with apartment zoning in that area.
Motion Passed 6-0
2007-11-2 Self Storage Buckley LLC, Zone Change Recommendation I-2 to HC-1 & I-2 to R-10 & R-10 to HC-1, 7500 & 7502 Buckley Road (Adjourned from 1 previous meeting)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by John Dougherty to adjourn this Public Hearing to February 13, 2008.
Motion Passed 6-0
2007-12-1 Eldan Homes, Inc. (3) Preliminary Plat – Verplank Road (1 lot into 3 lots) (Adjourned from 1 previous meeting)
The applicant requested an adjournment.
A motion was made by Jim Sharpe, seconded by Bruce Johnson to adjourn this Public Hearing to February 13, 2008.
Motion Passed 6-0
Old Business: Hearings Closed
NONE
New Business:
Woodside Developers, Inc., Woodside Runne PDD CONCEPT PLAN.
The Town Board received an application for a PDD – Planned Development District to be known as WOODSIDE RUNNE which proposes a total of 41 acres, comprised of residential (80 residential lots) and mixed retail (65,000 square feet maximum with no single buildings to exceed 40,000 square feet). On January 7th, 2008 the Town Board referred the application to the Planning Board for its review and comment pursuant to the Town of Clay Zoning Code and for its review and recommendation as to the possible environmental significance of the project, pursuant to the NYS Environmental Quality Review Act.
Hal Romans was present for the applicant.
Mr. Roman explained that this was not a formal application at this time. It is conceptual and the applicant is looking for a SEQR recommendation.
The applicant is proposing 41.2 acres to be divided as residential and commercial. There would be 40 units of town houses. The commercial development will be to the north would have a campus like setting. Mike Bragman Jr. was also present and discussed the stormwater, indicating that it would flow to the south. He also stated that this had been cleared with the DEC and the Department of Health. The planned development would be architecturally pleasing and compliment the surrounding residential areas. He further indicated that they would use Troy Adams and Somerset Homes as the builder of the 2 unit residential patio homes. Mr. Bragman further stated that he would work with the Town Planning Board as far as landscaping prior to choosing commercial uses for the development. There was a discussion about connecting into Wegmans traffic light. Chairman Lepkowski asked if there would be a traffic study. Mr. Romans stated that they would provide information from the light proposal.
There was a discussion about the bulldozing of any drums and if they would be uncovered. The Chairman said that he would like to have the environmental studies mailed to each of the Planning Board members for their review. Mr. Romans said that they had done vapor testing. Mr. Henty stated that it had been extreme over the years. There was a discussion about the development of this project in phases. Mr. Johnson suggested phase 1 residential be handled separately before the commercial phase. There was a lengthy discussion regarding the commercial development and why the desire for a PDD.
The Chairman suggested that they schedule a work session where the applicant could discuss and present his ideas.
Russ Mitchell asked if there would be any chance of having the Augustino’s property ( 4976 Taft Road) removed. The applicant said no.
The Chairman stated that they would discuss more at the next meeting, however they need to make a recommendation with in 180 days. The applicant will return on February 27, 2008.
Signs:
Honda City (Used Cars) 7150 Henry Clay Blvd.
The Board approved the site entrance sign. 6-0
ADJOURN MEETING
A motion was made by Karen Guinup, seconded by Jim Sharpe to adjourn this Public Hearing.
Motion passed 6-0
Meeting adjourned at 12:08 A.M.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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