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Town
of Clay
Approved
Planning Board Minutes
March 26, 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 26th 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
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: James Sharpe
Member
Mark Territo
Commissioner of Planning and
Development
Minutes of Previous Meeting
A motion was made by Bruce Johnson, seconded by John Dougherty to approve the minutes of the previous meeting.
Motion Passed 6-0
Public Hearings:
2008-2-2 Cannon Pools (3) Site Plan , 5210 West Taft Road
Peter Crissey; Chrissey Architects was present for the applicant.
The applicant is requesting site plan approval for a non-conforming lot. The last approved site plan dates back to 1986. The applicant has made several changes to the property since that time.
Mr. Henty asked who did the renovations 22 years ago. The applicant stated that it was a contractor that has been out of business for several years.
Chairman Lepkowski reminded the applicant and Board that the Onondaga County Planning Board recommended that this application be disapproved because the parking is in the right of way. The previous final Site Plan was for a C-2 zone, however it is now zoned HC-1 ( Highway Commercial). Ms. Guinup added that the Site Plan says NC-1 (neighborhood commercial). The chairman said that this translates to the new zone.
There was a lengthy discussion regarding whether this property was zoned either HC-1 or NC-1. Mr. Johnson stated that it is an NC-1.
The applicant stated that the only people parking in the front of the fences within the road right of way are the employees. The Chairman said that no one should be parking in front of the building. The Chairman went on to point out that the applicant had three additions that were non-conforming. Again the conversation returned to zoning. The Chairman said that for an NC-1 to be granted the total square footage should be less than 5000 square feet. The applicant could request approval from the Town Board for 5000 to 15000 square feet. The applicant stated that most of the building is used for warehousing. The Chairman reminded the applicant that warehouses are not allowed in a NC-1 case. The Chairman inquired of Mr. Chatfield if he felt that from a legal point of view this should be referred to the Town Board. Mr. Chatfield agreed, adding that this application is for a 1981 square foot parcel (of which 1854 square feet were approved in 1985), making this legal non-conforming. He explained that he did not feel that this board had the jurisdiction to approve, further more the County recommended that the board disapprove noting valid arguments. They discussed the parking issues including the preexisting non-conformance, the amount of employees parked during peak season and the non-approved spaces between the pool and Taft Road.
Mr. Chatfield suggested that the applicant appear before the Zoning Board of Appeals to address the parking, as this is a unique situation. He further stated that they should apply for an Area Variance or a Zone Change. The applicant wanted to know why. Mr. Chatfield explained that with the current code the applicant is beyond the limits of the code (maximum 1500 square feet). The applicant needs to apply for a special permit. Mr. Johnson also said that they should look at the parking.
Chairman Lepkowski stated that this was an open Public Hearing and asked if there were any questions. Hearing none, he closed the Public Hearing.
Old Business: Adjourned Hearings
2007-4-4 John E. Davis/Davis Ventures LLC, Zone Change Recommendation RA-100 to HC-1, 5064, 5154 & 5170 State Route 31 (Adjourned from 6 previous meetings)
2007-4-6 Richard J. Alt & Donald W. Alt, Zone Change Recommendation RA-100 to HC-1, 5236 & Vacant Land, State Route 31 (Adjourned from 6 previous meetings)
Mr. Romans was present for the applicants. Mr. Romans stated that they were requesting an adjournment, so he could review the traffic study report.
A motion was made in cases 2007-4-4 and 2007-4-6, by Karen Guinup, seconded by Bruce Johnson to adjourn until May 28, 2008.
Motion Passed 6-0
2007-8-4 Jay G. Bernhardt / JGB Enterprises, Inc. (3) - Site Plan, 4855 Executive Drive (Adjourned from 5 previous meetings)
No one appeared for the applicant.
A motion was made by Hal Henty, seconded by Allen Kovac, to authorize the Commissioner of Planning and Development to contact the applicant by letter advising him/her to appear on April 9, 2008 or request another date, otherwise this application will be denied without prejudice.
Motion Passed 6-0
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn until April 9, 2008.
Motion Passed 6-0
2007-10-4 Severino & Bonnie Marini (3) Site Plan 7452 Oswego Rd. (Adjourned from 1 previous meeting)
No one appeared for the applicant; Mr. Balcer suggested that the same procedure be used as was in the previous case.
A motion was made by Allen Kovac, seconded by Hal Henty, to authorize the Commissioner of Planning and Development to contact the applicant by letter advising him/her to appear on April 9, 2008 or request another date, otherwise this application will be denied without prejudice.
Motion Passed 6-0
A motion was made by Hal Henty, seconded by Bruce Johnson to adjourn until April 9, 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 (Adjourned from 1 previous meeting)
Hal Romans was present for the applicant.
Mr. Romans stated that the applicant wants to change the plan from apartments to town houses. The applicant was proposing 180 apartments on this 23.7-acres area. The town houses would be the same square footage, 6000-6700 for the senior apartments, the 70 or 80 town house units would use 6000 square feet. The three parcels that are the applicant is requesting the zone to be changed to HC-1 (Highway Commercial), would houses two 30,000 square foot building. These buildings would be used for small retail, bank or offices. This is what the applicant used for the traffic study. The density sketch shows the egress and ingress onto Stearns Road. The applicant is proposing a parallel Road to reduce the traffic on Route 31.
Mr. Henty asked if the applicant might consider continuing the road to join the contiguous Melvin Estates lands. He also inquired if the property to the southwest would stay undeveloped. Mr. Romans said that the property to the southwest had the railroad tracks.
Mr. Johnson asked where the sewers would come from. The applicant stated that the sewers would come in from the south, commercial would be on the east. He further stated tat the sewers had been upgraded to accommodate commercial.
Mr. Johnson asked if there would be access from Route 31. Mr. Romans stated that there would not be access but there would be visibility. There was a discussion about the generation of a strip map showing all properties on Route 31 currently before the Town as zone change requests. Mr. Romans suggested an aerial map. Mr. Johnson said that he would like to see all of the existing commercial, retail and residential including all of the zones from the railroad to the Cicero Town line.
The chairman stated that this was a Public Hearing and asked if there were any questions. Hearing none, he asked for someone to make a motion to adjourn.
A motion was made by Allen Kovac, seconded by Hal Henty to adjourn this hearing until May 28, 2008.
Motion passed 6-0
2007-11-5 Route 31 Holding Co., LLC (3) Preliminary Plat on Route 31 & Stearns Road (Adjourned from 3 previous meeting)
Hal Romans was present for the applicant.
The applicant is proposing a 3-lot subdivision east of the Alt/Davis properties.
There was a lengthy discussion regarding the driveway and the proposed future road. The applicant indicated that Mr. Alt was willing to work with them on this and accept any language on the map regarding the driveway.
Mr. Johnson and Mr. Henty asked if this could be approved conditionally with legal and engineering approvals.
Mr. Chatfield stated that there needed to be a commitment to convey the road right of way to Mr. Alt.
Mr. DeTota asked if the 60 width was enough. They discussed this and decided that a width of 80 would be preferable.
The Chairman asked if the applicant was in a hurry. He said that he would like to see them back next time and would like to see the following conditions on the Site Plan map:
1. The applicant will convey the future 60- 798.4. (?) road.
2. 80 width lot C.
3. Ingress and egress.
4. Lot 1C has the benefit of easement rights over Lot 2A.
5. Access to Route 31 will be closed upon the completion of the building of the future road.
6. Reviewed by the New York State Department of Transportation.
The applicant agreed to return to the next meeting.
2007-12-3 Group One Development, LLC (3) Site Plan Corner of Route 31 & Henry Clay Blvd. (Adjourned from 3 previous meeting)
No one appeared for the applicant.
Chairman Lepkowski stated that the Town Board was the lead agency for a SEQR determination. Mr. DeTota stated that there was nothing new to add. That the applicant is waiting for information from the State. In addition the applicant wishes to work with the applicant who owns the property across the street.
The Chairman stated that the State Department of Transportation is looking for a full traffic analysis regarding the traffic impact, full details and the driveway(s).
Mr. Henty recommended that the Commissioner of Planning and Development should contact the applicant and give him/her the information pertaining to the requests of the State. In addition he should follow up on this.
A motion was made by John Dougherty, seconded by Bruce Johnson to adjourn until May 14, 2008.
Motion Passed 6-0
Old Business: Hearings Closed
NONE
New Business: Signs
Valvoline Oil Change, Route 31 ( near Sams Club)
Mr. Balcer appeared for the applicant.
The applicant is proposing a new sign to replace the existing sign. The new sign would be 55 square feet, 25 square feet across. This would conform to the current sign ordnance.
Mr. Johnson said that he would like to see the site. Mr. Kovac concurred. The chairman agreed stating that this will be addressed at the next meeting, and the Board will make a Recommendation at that time.
Work Session
Woodside Developers, Inc. Woodside Runne, PDD Concept Plan Discussion
Mr. Romans stated that they would not meet tonight. The applicant will appear at the next meeting.
Discussion
Sign Ordinance
Chairman Lepkowski began by stating that the Town Board was looking for comments from this board regarding the modifications to the sign ordinance. They are hoping for a recommendation. The new ordinance would eliminate electronic messaging boards however, time and temperature signs would still be allowed.
Ms. Guinup said that she feels that this should be approved but is uncomfortable with the open ended size issue, without knowing what other signs have been approved or disapproved. Mr. Henty added they need a history to keep track. This would allow the board to look at each sign individually factoring in neighborhood differences. There were concerns that each applicant would want the maximum size sign for his/her property. Mr. Chatfield said that the board needs a rational basis to make a distinction regarding who gets what.
The chairman explained that the code was before the board for recommendation and comments, not to be rewritten.
Chairman Lepkowski said he felt that the code should be accepted with the exception of the time and temperature being acceptable. Mr. Henty agreed that the time and temperature should be removed (that it would be unacceptable). There was a discussion about grandfathering for the time and temperature signs that exist in our town. Mr. Chatfield said that this would be covered under the abatement provisions principle of a non-conforming use. Mr. Henty asked how long a time that would be for. Mr. Johnson said that the Town Board would handle it. Mr. Chatfield added that there would need to be an inventory of signs.
A motion was made by Chairman Lepkowski, seconded by Hal Henty to Recommend to the Town Board Approval for the Sign Regulations as drafted on March 24, 2008, because the regulation encourages an aesthetic appearance in the Town of Clay while allowing businesses effective communication and which improves pedestrian and traffic safety. This board is encouraged that the ordinance prohibits electronic message boards as they feel that they are a recognized traffic distraction however, the time and temperature should also be eliminated from the regulation. For those reasons we recommended approval with minor modifications. The Chairman asked each member for his/her comments, they were as follows:
John Dougherty Yes There should be standards defining size, etc.
Allen Kovac Yes The new code is good, it is up to the Planning Board to review the decisions they make, will need the help of the Planning and Development staff.
Walter Lepkowski Yes
Bruce Johnson - Vote to Abstain
Karen Guinup Yes. A lot of people took a lot of time and effort into this. Take it and try to work with it, agrees with Allen Kovac that there needs to be some type of tool to be put in place for guidance for reviewing signs. It will also help the Zoning Board of Appeals. Dont know how we can make decisions using this ordinance with out the help of the Planning and Development staff.
Hal Henty Yes Make sure that the recommendation reflects that the time and temperature be excluded from approval. Also agrees that we need a tool, a standard of what exists so that we have that to fall back on.
Motion Passed 5-0 / 1 Abstain
ADJOURN MEETING
A motion was made by Bruce Johnson, seconded by John Dougherty to adjourn.
Motion Passed 6-0
Meeting adjourned at 11:43 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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