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Town
of Clay
Approved
Planning Board Minutes
April 9, 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 9th day of April, 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
Allen Kovac 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
Minutes of Previous Meeting
A motion was made by Allen Kovac seconded by Hal Henty to approve the minutes of the previous meeting.
Motion Passed 7-0
Public Hearings:
2008-3-5 Clay South Development Company, LLC (3), Amended Site Plan – South side of Route 31 (new Lowes)
Kate Johnson, legal counsel for COR Development was present for the applicant.
Ms. Johnson said that the applicant wishes to make changes to the approved Site Plan. The applicant would like to add fences around the detention pond at the request of Lowe’s after review with their attorneys. This issue was discussed at great lengths prior to the approval of the Site Plan. This board concluded that the fence could be more of a safety hazard than a safety measure by making it more difficult to gain access in an emergency situation as well as restricting visibility.
The fence that the applicant is proposing would be a 4’ high chain link fence along the Lowe’s property line that would meet with the school fence on one side and the railroad fence on the other side. There would be a swing gate for maintenance.
Mr. Sharpe asked how this would limit the liability for Lowe’s. Ms. Johnson stated that a fence around the pond would be Lowe’s first choice however they are trying to satisfy the requirements of the town. She also said that Lowe’s had requested a sign saying that the town would be liable. There was a discussion about whether or not a chain link would be preferable to a stockade fence. Mr. Henty pointed out that a stockade fence would impede the safety of residents by not allowing visibility or accessibility in an emergency. Ms. Johnson also indicated that the applicant would be planting trees on a berm to deter vehicles from going back there.
Ms. Guinup asked if the town engineer had any issues with this. Mr. DeTota said that the drainage easements do not show. Mr. DeTota also said that he was concerned with the chain link fence acting as a screen and blocking drainage. He suggested that the detention areas could be beautified such as in the Crabtree / Lawton Valley Hunt tract. He suggested trees to deter cars and aquatic benches for a safety buffer. Mr. DeTota stated that the Department of Environmental Conservation was a proponent of no fences and keeping areas aesthetically appealing. Chairman Lepkowski asked if there were any other changes to the Site Plan. Ms. Johnson said that the berm that had been added was approved administratively. She went on to explain that the trees that had been there were bare on the bottom and that Evergreen tree’s would be planted.
Ms. Guinup asked about the guardrail. The added guardrails were discussed. The chairman said that he was inclined to approve with revisions. The guardrail was o.k. but would deny the fence. Mr. DeTota said that the guardrail would be problematic as well by limiting the town’s access for maintenance.
It was decided that the applicant would come back showing the guardrails and the grading. The chairman reminded that the fence would be denied therefore it should be removed from the Site Plan. He suggested that the applicant work with Mr. DeTota on the guardrail.
The chairman stated that he would leave the Public Hearing open.
A Motion was made by Allen Kovac, seconded by Karen Guinup to adjourn to April 24, 2008.
Motion Passed 7-0
Old Business: Adjourned Hearings
05-2-1 Falls Bridge Development / HDL Property Group (3) Site Plan for a Walgreen Drug Store, 7256 Buckley Road, on the northeast corner of Taft Road (Adjourned from 7 previous meetings)
The applicant is withdrawing his application.
2007-5-2 ABC Estates, a New York Partnership (3), Site Plan- 7274 Henry Clay Blvd. (Adjourned from 8 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans stated that the stormwater drainage pond would be in the front of the property. They are also proposing sanitary sewer easements across the front to extend to Uncle Bobs storage facility.
Joe Albericci would construct the apartments. The three floor apartments would be 2 ˝ stories high with the first story ˝ basement unit. The trash storage would be in the garages, which would also be able to encompass a car and some storage. The applicant is proposing 29 units. There would be landscaping in the corner and staggered trees in the courtyard and around the pond. The area to the far east would not be disturbed. The lighting would be an old world style, pole lamps with the lights above each entrance offering little spillover.
Chairman Lepkowski asked if the buildings would be constructed of brick. Mr. Romans said that he would have check with the applicant. Ms. Guinup said that the landscaping looked generous. Mr. Romans replied that they were 1-gallon containers. There was a lengthy discussion about the landscaping and it was decided that the applicant would provide mature plants. The fire chief stated that he was concerned with the shape of the building with regard to the availability of water/ hydrant in case of an emergency. This was discussed at length. It was decided that there would be accessibility from the complex behind the applicant. Mr. Romans agreed to add three (3) hydrants and submit this to Rich Mercer the town Fire Marshall for approval.
Chairman Lepkowski reminded that the Onondaga County Planning Board recommends disapprovement, however all of their concerns had been addressed. Mr. Johnson said that he still has concerns about the fire access. Again the fire plan was discussed.
The chairman said that this was a public Hearing and asked if there were any questions from the audience. Hearing none he closed the Public Hearing.
A motion was made by Karen Guinup, seconded by James Sharpe to adopt a resolution using standard form # 10 that the Site Plan proposed by ABC Estates for an apartment complex at 7274 Henry Clay Boulevard 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 7-0
A motion was made by John Dougherty, seconded by Allen Kovac using standard form # 20 granting Site Plan approval based on a map by Clough and Harbor Associates dated 12/18/2007pages C-1, C-2, C-3, C-4 &C-5 final revision 4/2/2008 file # 17076, subject to the following conditions:
1. 3 Hydrants will be shown on the map.
2. Approval from the Fire Marshall.
3. All parking spaces shown at 9.5’ wide and 20’ depth as per town regulation with a driving lane between the parking spaces.
4. The Viburnum shrubbery on the west side of the garage will be 4’ high.
5. All legal and engineering approvals.
Opposed – Bruce Johnson for the following reasons:
1. Concerns with fire access, feels that the applicant needs to provide access along the north. In addition, the winter snow could interfere with the ability to run hoses.
Motion Passed 6-1
2007-8-1 Suburban Square I.N.C. / Salvatore Casale (3) – Site Plan, 7990 Oswego Road (Adjourned from 6 previous meetings)
Hal Romans was present for the applicant.
The applicant is proposing to construct a 20’ by 100’ storage unit on his 3.27acre, parcel that is zoned Residential Commercial 1(RC-1).
The ZBA granted a perimeter landscape strip variance for this project, October 9, 2006.
The applicant shows on the site plan additional gravel parking in addition to proposed future parking. The chairman suggested that the proposed parking should be built. The applicant should remove the trees and add gravel. In addition that the applicant will still need to appear before the Zoning Board of Appeals for a variance for the parking.
There was a very lengthy discussion regarding the parking and the lack of required spaces. Mr. Chatfield explained that since the lot is legal non-conforming if the applicant maintains the number of non-conforming spaces that it shall remain legal non-conforming therefore eliminating the need for additional variances. The chairman asked if this was o.k. with counsel and it was.
Mr. Dougherty asked if the storage unit would be heated the applicant replied that it would not however there would be some lighting. Mr. Dougherty asked if the trailer that is currently on site was still there. Mr. Casale stated that it was but it would be removed.
The chairman said that all of the concerns from the meeting of September 12, 2007 have been addressed; in addition he has received a letter from National Grid stating that this plan is acceptable to them. The comments from the county were also accepting of this application.
The Chairman asked if there were any questions, hearing none, he closed the Public Hearing and asked for a SEQR determination.
A motion was made by Bruce Johnson, seconded by John Dougherty to adopt a resolution using standard form # 10 that the Site Plan proposed by Suburban Square I.N.C. be declared a negative declaration as there appears to be no environmental impact which could not be mitigated and does not involve nay other agencies including the Federal Government.
Motion Passed 7-0
A motion was made by Bruce Johnson, seconded by Hal Henty using standard form # 20 granting Site Plan approval based on a map by Ianuzzi and Romans, dated 04/09/2008 file # 11298.001, subject to the following conditions:
1. The Proposed additional building removes 15 parking spaces plus adds an additional 2 spaces that are required for the new building. The applicant will add 55 spaces therefore not increasing the level of non-conformity. A minimum of 7 spaces to be added now.
2. The construction of the additional 48 reserved spaces may be required to be added and striped at the Code Officers request.
3. All legal and engineering approvals.
Motion Passed 7-0
2007-8-4 Jay G. Bernhardt / JGB Enterprises, Inc. (3) - Site Plan, 4855 Executive Drive (Adjourned from 6 previous meetings)
No one was present for the applicant.
The chairman asked for a motion to deny without prejudice. The board discussed that the applicant had not filed the Final Plat map showing the easements. This must be done to make the map comply with the parcel. There was a discussion on what steps should be taken to insure that the applicant files the map. Mr. Kovac suggested that the occupancy permit be removed. After a long discussion, it was decided that the Commissioner of Planning and Development contact the applicant by Certified Letter through Mr. Chatfield with Return Receipt informing the applicant that he must comply if not further actions will be taken.
A motion was made by Karen Guinup, seconded by Hal Henty that the code enforcement officer shall take the necessary measures to insure that the map is filed.
Motion Passed 7-0
A motion was made by John Dougherty, seconded by Allen Kovac to deny this application without prejudice.
Motion Passed 7-0
2007-8-5 William J. Adams, Jr., Zone Change Recommendation, RA-100 to O-2, 8180 Oswego Road (Adjourned from 2 previous meetings)
The applicant withdrew the application.
2007-8-9 Truax & Hovey (3), Site Plan – 4483 Buckley Road (Adjourned from 4 previous meetings)
No one was present for the applicant.
A motion was made by John Dougherty, seconded by Allen Kovac adjourning this application to July 9, 2008, and authorizing the Commissioner of Planning and Development to write a letter to the applicant advising of the status of his case and notifying him of the adjourned date. If the applicant fails to appear at that time the case will be denied without prejudice.
Motion Passed 7-0
2007-10-4 Severino & Bonnie Marini (3) Site Plan – 7452 Oswego Rd. (Adjourned from 2 previous meetings)
The applicants withdrew this application.
2007-11-5 Route 31 Holding Co., LLC (3) Preliminary Plat -on Route 31 & Stearns Road (Adjourned from 1 previous meeting)
Hal Romans was present for the applicant.
The changes discussed previously have been addressed. An additional 20’ have been added to the future road connecting lot 2A to Stearns Road. Egress and ingress have been added to lots 1-B and 1-C. A copy of the deed with the attached covenant will be provided to the town.
The chairman said that the easement should be abandoned once the future road is built. Ms. Guinup asked what the distance was from the driveway to the center of Route 31. Mr. Romans said that it is 300-320’.
The chairman suggested the ‘Main Street’ concept with the structures facing way from Route 31. Mr. Romans agreed. The board discussed changing the access once the proposed road is built and if the board could make that a requirement of the Site Plan. This was discussed at length.
A motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard form # 10 that the Site Plan proposed by Route 31 Holding Co. LLC 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 7-0
A motion was made by Allen Kovac, seconded by James Sharpe to adopt a resolution using standard form # 40 granting Preliminary Plat approval to Route 31 Holding Co. LLC based on a map by Ianuzzi and Romans last revised 4/08/2008 file # 2873.002 subject to the following conditions:
1. All legal and engineering approvals.
Opposed – John Dougherty for the following reasons:
1. It is in the Towns best interest to minimize the curb cuts on Route 31.
Opposed -Chairman Lepkowski for the following reasons:
1. It has always been the Towns intent to reduce the curb cuts on Route 31 therefore the entrance and exit should be made from the new road.
Motion Passed 5-2
A motion was made by Bruce Johnson, seconded by Karen Guinup to move to Final Plat .
Motion Passed 7-0
A motion was made to adopt a resolution using standard form # 40 granting Final Plat approval to Route 31 Holding Co. LLC based on a map by Ianuzzi and Romans last revised 4/08/2008 file # 2873.002 subject to the following conditions:
1. All legal and engineering approvals.
2. The applicant must pay all fees associated with this application.
Motion Passed 5-2
Mr. Dougherty and Chairman Lepkowski were opposed for the previously stated reasons.
2008-2-2 Cannon Pools (3) – Site Plan, 5210 West Taft Road (Adjourned from 1 previous meeting)
A motion was made by Bruce Johnson, seconded by Hal Henty to adjourn this case to July 9, 2008.
Motion Passed 6-0 (Ms. Guinup left the bench.)
Old Business: Hearings Closed
NONE
New Business: Signs
Mr. Balcer presented a Valvoline sign for the Valvoline store located on Route 31.
The applicant wishes to increase the size of the sign from 24 square feet to 55 square feet.
There was a lengthy discussion as to whether this sign would fall under the new sign code or the old one.
After a long discussion the applicant was asked to return to the next meeting to submit a sign no larger than 35 square feet, 20 foot height maximum with the street address/ number on it.
Woodside Developers, Inc., Woodside Runne, PDD Project Plan Review
The applicant stated that they would not be present.
The board discussed some of the previously discussed details pertaining to this application and where we are. The chairman stated that they need to submit a written report to the Town Board addressing concerns to be factored in the SEQR determination. He further stated that because the Town Board is the lead agency, they have the responsibility of SEQR.
Mr. Territo stated that we should be in the project plan phase at this point. The chairman said that if this application is in Phase I that we have 90 days.
There was a lengthy discussion regarding Phase I or Phase II. It was pointed out that the Town Board had approved a conceptual plan. The board also discussed a smaller square footage for commercial than initially indicated. Therefore the Planning Board Recommends the Approval of the Conceptual Plan 7-0.
The Planning Board made the following Resolution:
Woodside Runne PDD – Planning Board Advisory Opinion to the Town Board and SEQR Statement
Advisory Opinion:
The Planning Board moves the adoption of a resolution recommending that the proposed Woodside Runne Concept Plan provides:
1. A reasonable mix of commercial and residential development
2. That the project can be phased with residential development occurring first, followed
by commercial.
3. The nature of the project will require a smaller amount of commercial square feet
space that was initially indicated in the concept plan.
Now, therefore be it resolved that the Planning Board recommends the approval of the Woodside Runne Concept Plan.
SEQR Statement:
After review of the environmental information provided and discussions with the applicant recognizing the same, the Planning Board feels that there are no significant potential environmental issues EXCEPT the Planning Board remains concerned regarding the potential effect on the proposed residences because of the proximity to an known hazardous waste site which is still being remediated. We have asked for an opinion from the DEC that this will not pose a threat to the public health, and received in response the attached letter dated March 12, 2008.
Motion to Accept Passed 7-0
A Motion was made by Allen Kovac, seconded by James Sharpe to Adjourn.
Motion Passed 7-0
Meeting adjourned at 11:56 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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