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Town
of Clay
Approved
Planning Board Minutes
March 12, 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 12th day of March, 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
Minutes of Previous Meeting
A motion was made by James Sharpe, seconded by John Dougherty to approve the minutes of the previous meeting.
Motion Passed 6-0
Public Hearings:
2007-10-9 Theresa Arcuri, Zone Change Recommendation R-15 to RA-100, north side of Maple Road (south of Gatewood Drive)
Hal Romans was present for the applicant.
The applicant is proposing a zone change on the north side of Maple Road and Gatewood Drive. Mr. Romans showed the Site Plan pointing out the parcel to be conveyed with the lot line adjustment. Mr. Romans stated that the applicant owns both parcels and is seeking a zone change so that she may build a house on the larger non-conforming parcel. He added that the parcel will still be non-conforming, but less non-conforming and that there are no plans to build on the other lot. Mr. Romans further stated that the Zoning Board of Appeals had granted the applicant two variances. The applicant also wants to combine both lots to receive one tax bill.
John Dougherty asked if both parcels are vacant. Mr. Romans stated that they are and that Ms. Arcuri owns both and wishes to build a house.
The chairman asked if there were any questions, hearing none he closed the Public Hearing and asked if anyone would like to make a Recommendation to the Town Board.
Mr. Chatfield said that the Planning Board might want to add that if the Town Board approves this application that the applicant proceed with the lot line adjustment. Mr. Henty agreed.
A motion was made by Mr. Johnson, seconded by Ms. Guinup, to adopt a resolution using standard form # 50 Recommending to the Town Board that the Change of Zone requested by Theresa Arcuri at the North side of Maple Road and Gatewood Drive from R-15 to RA-100 be Approved based on the following:
1. Combining the lots will bring them closer to conformity.
2. If the (Town) Board grants the zone change the applicant is to proceed with the lot line adjustment (Administratively with the Commissioner of Planning and Development).
Motion Passed 6-0
2008-2-1 Salvation Army, Special Permit, 7453 Morgan Road
Major David Dahl was present for the applicant.
The applicant is seeking a Special Permit to lease the property located at 7453 Morgan Road from the Enterprise Corporation. The applicant is proposing to lease a portion (two front units) of the existing building to provide Family Services for under privileged and troubled children as well as for senior citizens and troubled families. The Salvation currently offers these services at the Downtown location as well as at the Cicero location. The applicant stated that they have currently run out of space at the Cicero location therefore necessitating the need to expand. Mr. Dahl stated that the areas would be used for Youth games and senior activities. Mr. Johnson asked if the property would be used for instructional use. The applicant stated that it would be used for tutorial instruction. There would also be a chapel for religious services.
There was a discussion regarding the amount of parking in comparison to the number of people utilizing the services. It was decided that there are enough parking spaces to accommodate the participants with the plan showing 57 parking spaces. The applicant was asked what they would do if they out grew this space prior to the end of his five-year lease. The applicant stated that they have discussed taking more of the space once the other tenants leases are up.
Ms. Guinup asked if there would be childcare. The applicant stated that there would be an available nursery during church services but not daycare/ childcare on a regular basis.
Chairman Lepkowski said that he was concerned with the limited parking if the center has the projected success. He asked if the applicant could/ would limit activities if the parking situation became troublesome. The applicant said that they were agreeable to this.
The Chairman reminded that this was an open Public Hearing and asked if there were any questions from the audience, hearing none he closed the Public Hearing.
Mr. Chatfield was asked if we need a SEQR. He said yes.
A motion was made by James Sharpe, seconded by John Dougherty, using standard form # 10, that the Special Permit proposed by the Salvation army 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. The reasons supporting this are:
1. The applicant is not changing the exterior.
2. There will be minimal impact on the traffic.
3. That the applicant will limit activities or expand the parking if a situation arises.
Motion Passed 6-0
A motion was made by John Dougherty, seconded by James Sharpe using standard form # 20 Granting Special Permit Approval to the Salvation Army for the property located at 7453 Morgan Road based on a map by Phillips, OBrien & Gere dated 5/9/1975, file # 1577.001 subject to the following conditions:
1. All legal and engineering.
2. If there are parking issues that the applicant will find additional parking and/or adjust the programs to satisfy the parking need.
Motion Passed 6-0
2008-2-3 Mark Stairs (3)- Site Plan 7839 Goguen Drive
Mark Stairs, applicant, was present.
The applicant is proposing to erect a pole barn type of structure to be used for storage and possible future office space.
Chairman Lepkowski asked what the zoning is. The applicant stated that the zoning is I-1 industrial. Mr. Johnson asked about water. The applicant stated that there are no utilities planned for this building at this time, however the structure currently on the property would be fixed-up and does have water, electricity and sewer capacities. The applicant stated that they are currently leasing in Mattydale, however it would be favorable to maintain products in a heated facility.
The applicant stated that the proposed facility would be constructed with a metal frame, pole barn like construction.
Ron DeTota stated that if the applicant were to have an office in the new building they would need to provide sanitary sewer service to the new building. Mr. Dougherty asked if there would be deliveries. The applicant said that they plan to bring their own supplies.
Chairman Lepkowski stated that this was an open Public Hearing and asked if there were any questions. Hearing none he closed the Public Hearing.
A motion was made by James Sharpe, seconded by Bruce Johnson to adopt a Resolution using standard form # 10, that the Site Plan proposed by Mark Stairs 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. The reasons supporting this are:
1. There would be no change in usage or drainage.
2. It would generate little traffic.
3. All the resources are there.
Motion Passed 6-0
A motion was made by Karen Guinup, seconded by Bruce Johnson using standard form #20, granting Site Plan Approval to Mark Stairs, based on a map by Applied Earth Technical/ Stephen Schnert, based on a map dated 10/11/2007; last revised 1/3/2008 file #564.5SPI, based on the following:
1. All legal and engineering approvals.
Motion Passed 6-0
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 8 previous meetings)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by John Dougherty to adjourn this Public Hearing until May 28, 2008.
Motion Passed 6-0
2007-5-2 ABC Estates, a New York Partnership (3), Site Plan- 7274 Henry Clay Blvd. (Adjourned from 7 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that he was meeting with Mr. DeTota next week to go over some of the necessary changes and requested an adjournment.
A motion was made by Ms. Guinup, seconded by Mr. Henty to adjourn this Public Hearing until April 9, 2008.
Motion Passed 6-0
2007-11-5 Route 31 Holding Co., LLC (3) Preliminary Plat on Route 31 & Stearns Road (Adjourned from 2 previous meeting)
Hal Romans was present for the applicant.
The State Department of Transportation stated that there was not enough room for stacking, however that finding was in error based on the driveway being placed 300 from Route 31 when the actual is 600 from Route 31. The new report stated that there is more than adequate space.
There was a discussion about the second existing drive on Route 31 and the need for a light and a left turn lane. The Chairman stated that these were big issues to resolve.
Mr. Romans stated that he would like to adjourn for 2 weeks.
The Chairman said that he would keep the Public Hearing Open.
A motion was made by John Dougherty, seconded by Bruce Johnson to adjourn this Public Hearing until March 26, 2008.
Motion passed 6-0
2007-12-1 Eldan Homes, Inc. (3) Preliminary Plat Verplank Road (1 lot into 3 lots) (Adjourned from 3 previous meetings)
Doug Beachel, Land Manager for Eldan Homes was present for the applicant.
The applicant is proposing a subdivision of one lot into three. The applicant has obtained a variance from the Zoning Board of Appeals on March 10, 2008, for the lot frontage on lot 2. Chairman Lepkowski stated that he was still concerned with the common driveway that lot 3 would access through lot 2. Mr. Henty asked who would own the easement. The applicant stated that lot 2 owns the easement on lot 2 and lot 3 has the right to use it. Lot 2 and lot 3 will have a maintenance agreement on the common part of the private drive.
Chairman Lepkowski said that the Onondaga County Planning Board recommended that this application be disapproved. The Chairman stated that the concerns that the OCPB raised had all been addressed.
Again the discussion reverted to the driveway and if the emergency equipment would be able to gain access to the properties. Ms. Guinup suggested increasing drive to allow easier access.
Chairman Lepkowski said that this was an open Public Hearing and asked if there were any questions.
Ray Florczyk asked if there were any wetlands. Mr. Detota said that there were none shown. Mr. Florczyk said that there were indeed wetlands. Chairman Lepkowski explained that they are not identified and ultimately that would be the responsibility of the builder.
The Chairman closed the Public Hearing.
A motion was made by Karen Guinup, seconded by Bruce Johnson using standard form #10 , that the Preliminary Plat proposed by Eldan Homes, 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. The conditions are:
1. Any owner of Lot 2 must have the burden of the driveway easement, used by Lot 3.
2. Access directly to VerPlank Road is prohibited.
Motion Passed 6-0
A motion was made by Bruce Johnson, seconded by James Sharpe to go to Final Plat.
Motion Passed 6-0
A motion was made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form # 40, granting Final Plat Approval based on a map by Phillips and Associates dated 11/21/2007; last revised to 3/12/2008 subject to the following:
1. All legal and engineering approvals.
2. The variance granted by the ZBA be added to the notes on the Final Plat.
3. The driveway easement will extend an additional 25 to the north for a total of 50 wide to allow for easier access for emergency and other vehicles.
4. Any owner of Lot 2 must have the burden of the driveway easement, used by Lot 3, additionally, access directly to VerPlank Road is prohibited.
5. The applicant pays for all applicable fees for the Final Plat.
Motion Passed 6-0
4. Old Business: Hearings Closed
*2006-4-2 Steven Geiger, Zone Change Recommendation RA-100 to
NC-1, 8150 Morgan Road (Part of tax map # 070.-01-07.1)(From 2 previous meetings)
Bob Ventre, attorney for the applicant was present.
Mr. Ventre briefly explained that the applicant wishes to obtain a zone change for the 5-acre parcel of land located on Morgan Road to be used to build some small shops/convenience store, beauty salon, dry cleaners etc. He further explained that the county does not require a traffic device at this time. The applicant stated that they are willing to convey 12- 18 for the turning lane of the road, but asked that the centerline be maintained of the current road for front yard setbacks.
The Chairman stated that there are wetlands in the area but they would be addressed at Site Plan.
The Chairman asked for comments from the members of the board.
Bruce Johnson - Yes- He liked the concept, small commercial in growing residential. He felt that this is a good proposal for this area, small businesses orientated to the community.
Hal Henty - No Good proposal but against it because of the County not recommending a traffic light. Feels that this would be hazardous. Mr. Ventre stated that the traffic light would be installed when needed.
Karen Guinup No Stated that she was hesitant, this would be the first time that an all residential community would open its doors .
Chairman Lepkowski - Yes Shared her concerns; do not want to turn this into a community strip mall. Suggesting that the applicant try to have the buildings facing away from Morgan Road.
John Dougherty Yes Stated that perhaps this would reduce the amount of traffic leaving the development to travel to other shopping destinations.
James Sharpe Yes
Chairman Lepkowski Closed the Public Hearing and asked for a Recommendation for the Town Board.
A motion was made by Bruce Johnson, seconded by James Sharpe using standard form #50 Recommending to the Town Board that the Zone Change requested by Steven Geiger at 8150 Morgan Road be approved based on the following:
1. With the density of the added residential, there is a need for small neighborhood commercial.
2. The NC-1 zone was designed for small commercial uses such as this.
3. The traffic and access issues are Site Plan issues.
Chairman Lepkowski said that he would do a roll call, it went as follows:
James Sharpe Yes
John Dougherty Yes
Walter Lepkowski Yes
Bruce Johnson - Yes
Karen Guinup - No For the reasons previously stated.
Hal Henty - No For the reasons previously stated.
Motion Passed - Recommending that the Town Board Approve.
*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 (From 3 previous meetings)
Bob Ventre was present for the applicant.
The applicant is proposing to build a self-storage facility. Mr. Ventre stated that the applicant needs several variances. Ms Guinup asked why the applicant does not request that the entire parcel be zoned HC-1. Mr. Ventre explained that the applicant wishes to ensure that there is never any building directly behind the residential area. Ms Guinup suggested that the applicant make the lot conform, perhaps by changing the locations proposed of the buildings. Mr. Johnson asked about moving the building back to reduce the number of required variances. Chairman Lepkowski said that he had received comments from the North Syracuse fire department regarding the tight turning radius for the emergency vehicles. There were also concerns with the gates in an emergency.
Mr. Dougherty asked about the buffers. Mr. Ventre stated that the applicant is proposing to place a fence and large trees that would mature to height above the fence in 2-3 years.
Mr. Chatfield stated that for the record he was representing this applicant in another town.
A motion was made by Mr. Dougherty, seconded by Mr. Sharpe using standard form # 50 recommending to the Town Board that the Zone Change requested by Self Storage Buckley be Approved based on the following:
1. This new use would be more suitable for the area.
2. This would clean up an unsightly area.
Chairman Lepkowski said that he would do a roll call, it went as follows:
Hal Henty - Yes
Karen Guinup - No Feels that the entire parcel should be zoned HC-1 and that the buildings should be moved back to reduce variances.
Bruce Johnson - Yes
Walter Lepkowski Yes
John Dougherty Yes
Sharpe Yes
Motion Passed 5-1
New Business: Signs
NONE
Work Session
Woodside Developers, Inc. Woodside Runne, PDD Concept Plan Discussion
Hal Romans was present for the applicant.
Mr. Romans stated that they had received a letter from John Piston of the New York State Department of Environmental Conservation. The letter was somewhat vague. Mr. Henty said that the letter needs to be more specific regarding the safety of the area. After some discussion it was agreed that the letter sent really did not give any indication of the safety of the area.
Discussion followed reviewing the General Covenants & Restrictions for the residential area. There was a discussion about the siding. The applicant said that there would not be wood siding because of the maintenance issues. However, the siding and trim would have a wood grain look and be available in a few muted earth tones. The applicant said that the sump pump drainage would be underground and hook into the storm water sewers.
Ms. Guinup asked the following:
1. Color restrictions for gutter and down spouts? Mr. Romans said that he would look into it.
2. Restrictions on exterior lighting? Lighting was discussed at length. Mr. Romans said he would look into it.
3. Destruction clause regarding rebuild of damaged premises due to fire, etc. Ms. Guinup read a suggested paragraph for this clause. Mr. Bragman asked Ms. Guinup to email the clause to him and he would consult with their attorneys.
There was a discussion about the commercial end of the project. Mr. Johnson said that he does not want to see a Wal-mart type of store. Mr. Johnson suggested any large building should have the front broken up to appear as if there are multiple buildings. Mr. Romans agreed, adding that there would not be any big-box stores.
Mr. Romans said that the commercial end would also be limited on the building materials that they were allowed to use so that they could maintain longevity. Mr. Romans said that the Fayetteville Towne Center would be the prototype that they would like to see.
Mr. Romans said that at the next meeting he would provide more on the commercial end. He also stated that he would try to obtain a better letter from the New York State Department of Environmental Conservation regarding the hazardous waste. Ms. Guinup remarked that if a buyer is within 500 of an Industrial zone that they must be notified and feels that the same type of disclosure should occur and the homeowners would sign off at time of purchase. Mr. Romans said that the DEC letter would be attached to each homeowners paperwork.
Mr. Romans said that they are working on the drainage. Ms. Guinup asked about sidewalks. The applicant said that they would be too difficult to maintain.
The work session ended and the applicant will return at the next scheduled meeting.
Added
Gary Hafner (Hafners Red Barn) Wood Boiler Discussion:
It was decided that the Commissioner of Planning and Development could handle the Site Plan administratively. Under the HC-1 Zoning Code, Mr. Hafner would need Variance for the height of chimney pipe. Maximum height allowed is 25 for an accessory structure.
ADJOURN MEETING
A motion was made by Bruce Johnson, seconded by John Dougherty to adjourn.
Motion Passed 6-0
Meeting adjourned at 12:20 AM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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