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Town
of Clay
Approved
Planning Board Minutes
April 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 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
Hal Henty Member
Allen Kovac 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 James Sharpe, seconded by Allen Kovac to approve the minutes of the previous meeting.
Public Hearings:
2008-2-4 Joseph S. Janowski , Zone Change Recommendation, RA-100 to O-2 – 8086 Oswego Road
Wyatt Nelson appeared for the applicant.
The applicant is requesting a Zone Change from Residential Agricultural to Office, for the parcel located at Route 57 and Balboa Drive. The intended use would be for a 6000 square foot Medical Office Building specializing in Pediatric Care.
Chairman Lepkowski asked what the square footage is of the current building on the parcel. The applicant stated that it is 3000 square feet. He then asked if the proposed building would be one story and the applicant said that it would. Mr. Johnson asked how large the lot was and the applicant replied that it is 2.6 acres. Mr. Kovac asked if there is currently access onto Route 57and if that would remain. The applicant said that there is and that they would like to at least maintain a right turn in and a right turn out. The Chairman reminded that the Onondaga County Planning Board recommended that the access be only from Balboa Drive therefore eliminating the curb cut onto Route 57. There was a discussion about the possibility of accessing from the rear of the parcel.
The Chairman reminded that this was a Public Hearing and asked if there were any questions from the audience. John Schaefer, a resident from Balboa Drive explained that he would like to see the access left open onto Route 57 so that it would not overwhelm the traffic flow on Balboa Drive. In addition Mr. Schaefer explained that he would like the trees to remain so as to maintain the natural beauty. The Chairman reminded that the County Planning Board wishes to reduce the curb cuts onto Route 57 therefore necessitating access from Balboa Drive. The Chairman then explained the process, stating that the Town
Board is the lead agency and is requesting input from the Planning Board for their final decision. If this is granted the applicant would return for Site Plan Approval also indicating that a Special Permit will be required from the Town Board. Chairman Lepkowski finished by stating that the residents would have plenty of opportunity for comments.
The Chairman Closed the Public Hearing, and stated that the Planning Board would make a Recommendation at a later date.
2008-3-1 Ticada Realty, LLC (3), Site Plan, 5496 East Taft Road
Paul Heisman and Al Maxian were present for the applicant.
The applicant is proposing a change of use for this parcel located at 5496 East Taft Road. The parcel was formerly used for Commercial Retail; the new use would be for a Medical facility as well as a Real Estate office.
The applicant would change the circulation of the drive as well as regrade, repave and update the drainage / water retention area. There is currently a public storm sewer system that drains to the south of the lot. The applicant would also improve the landscaping on the east side.
Mr. Kovac asked what type of Medical Facility the applicant is proposing. The applicant responded that it would be a client based, private practice. He further indicated that they would be associated with the NY Pain Center and would provide some spine rehabilitation. The Spine Center would perhaps include a sleep lab, massage, and acupuncture services. This business is currently located in the Medical North Facility. However, they have outgrown that space.
Chairman Lepkowski asked if there would be ambulance service. The applicant stated that there would not. Mr. Henty asked about overnight patients. Again the applicant stated no the only exception would be if the sleep lab were added. Also, there would not be any type of surgery.
Mr. Johnson asked if this building would be one story, and it would with the only exception being the mezzanine area. There would be additional parking added. This would allow for 20 extra spaces than the required by the Town.
The Chairman expressed his pleasure with the vegetation all around the building as proposed by the applicant. The lighting plan was discussed and the applicant assured the board that they would work with the town guidelines for the lighting.
The Chairman reminded the applicant that the applicant must show the buffer and the wetlands on the plan. The trash and dumpsters were discussed. The applicant stated that the medical waste would be placed in a holding room within the building until a licensed handler would take it off site. The regular trash would be placed in dumpsters (2) within a corral that would be enclosed by a chain link fence. Ms. Guinup reminded the applicant that the town likes the dumpster enclosure to be compatible with the building materials of the principle structure.
The applicant explained that the exterior of the building would be split-faced blocks and that they would remove the cedar and stains the masonry block above the windows as well as adding canopies. Mr. Johnson said that he would like to see the dumpster enclosure match the façade of the building.
Mr. DeTota said that the stormwater drains to Onondaga Lake and would like to see a Pollution Plan and Stormwater Plan to remove the phosphorus. Mr. DeTota stated that there are concerns to be addressed regarding the bio-retention areas.
The Chairman asked if there were any questions from the audience. He encouraged the applicant by telling him that he is almost there. The applicant should return with a final lighting plan the lights should not be higher than 25 feet in the rear and 12 feet in the front. Mr. Balcer said that he would like to see the parking laid out to scale.
The Chairman said that he would leave the Public Hearing open and that the applicant should return with the following on the Site Plan:
1. Final Lighting Plan.
2. Dumpster with enclosure.
3. Show Wetlands
4. Change shrubbery to the east and perhaps add to the north side of the building.
A motion was made by Allen Kovac, seconded by Hal Henty to adjourn this Public Hearing until May 14, 2008.
Motion Passed 7-0
2008-3-2 Dean & Mari Kay Fleming (3), Site Plan, 8557 & 8563 Oswego Road
Hal Romans was present for the applicant.
The applicant is submitting a Site Plan because the change of tenant and use for this parcel. The two buildings are being used for a real estate office and an insurance company. The applicant said that there are usually no more than 5 cars at a time. Ms. Guinup pointed out that the businesses are appropriate for the current NC-1 zoning. Mr. Johnson asked if there was a Site Plan on file. Mr. Territo said that there was however, it depicts the previous bridal shop business from the 1980’s. Mr. Balcer stated that the legal description did not match when the applicant first submitted the application.
The parking was discussed with respect to the businesses. Mr. Romans said that there were 20 spaces. Chairman Lepkowski pointed out that the use defines the number of required spaces. Mr. DeTota suggested that two of the spaces would obstruct employee parking. Mr. Johnson said that he would like to see the north entrances onto Route 57 closed as suggested by the County Department of Transportation. Mr. Romans said that he would work with the County DOT. The applicant agreed to apply for a Change of Occupancy. Mr. Romans was also advised to show the reserved parking in the rear on the site plan as well as the closed entrance. The Chairman asked how the applicant would close the driveway. Mr. Romans said that they would extend the grass.
The Chairman stated that he would leave the Public Hearing open and directed the applicant to make the aforementioned changes to the site plan and return to the next meeting.
A motion was made by John Dougherty, seconded by Bruce Johnson to adjourn this Public Hearing to May 14, 2008.
Motion Passed 7-0
2008-3-3 Joseph S. Janowski, Zone Change Recommendation, RA-100 to RC-1 – 7917 Oswego Road
Hal Romans was present for the applicant.
The applicant was before the Town Board on Monday April 21, 2008. The applicant is proposing a Zone Change for the 3-parcel area, located on the west side of Route 57 that borders the Seneca Mall property. The applicant wishes to combine the tree tax parcels to allow for a 5.4-acre buildable lot. There are covenants in place for the flood right areas only leaving the 5.4 acres that could be developed. The applicant is trying to avoid the need for several variances. The applicant needs to obtain permits for the drainage from the DEC / Army Corp of Engineers. The Chairman asked if the applicant would donate the wetlands or state that they will not build on the wetlands. He then asked why the applicants proposing to change the zone for the entire parcel if only a small area is buildable. Mr. Romans stated that the applicant would need to add buffers if there were more than one zone on the property adding that the applicant would already be losing an acre to the stormwater drainage.
A discussion took place between Mr. Johnson and Ms. Guinup regarding the proper zoning for these parcels. Ms. Guinup asked why not change to Highway Commercial Zone, Mr. Johnson felt that the applicant’s requested Regional Commercial would be a better match. Mr. Henty asked if the board wanted the results from the traffic study. Mr. Romans assured him that they would have the results to review prior to making a recommendation to the Town Board.
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 and stated that the Planning Board would make a Recommendation at a later date.
2008-3-4 Robert Ucchino, John McCarthy, Special Permit Advisory Referral - 4971 Bear Road
The Town Board did not refer this Application to the Planning Board, therefore it was withdrawn from the agenda.
2008-4-2 David Essig (3), Amended Site Plan, 3451 Route 31
Mark Weiss was present for the applicant.
Mr. Weiss presented the Amended Site Plan stating that the applicant has already removed the vinyl siding and replaced it with faux stone and Hardy Board. Mr. Henty said that the applicant had already replaced the windows and added the canopies and soffits. There was a discussion about the trusses and the 9-foot distance from the sofet to the top of the sign. Joe Patchillo, contractor with Unique Developments explained that the proposed new roof would conceal all of the mechanical equipment such as the exhaust, etc. Mr. Chatfield asked if the window was fake and the applicant responded that all of the new windows in front were for decoration. The applicant discussed the color of the building, providing samples of the green to be used. The Chairman stated that the landscaping should be shown on the plan.
There was a discussion about the original site plan and why the most current plan was not available. The Chairman said that he would like to review that before making a decision. The applicant asked if he could continue working on the building. The Chairman asked if the applicant was changing the footprint of the building, he responded that he was not. He would like to remove the broken concrete and add landscaping. Mr. Weiss explained that they need to obtain permits. He continued by explaining that he was going to apply for a sign permit a t the same time. The Chairman suggested that the applicant submit the sign design now to submit once the ordinance is intact. Mr. Weiss explained that the property does not meet the required setbacks therefore necessitating a variance.
Mr. Henty reminded that the landscaping must be on this amended Site Plan, adding that there need to be an accurate representation of what is there now including the golf, putt-putt etc. Ms. Guinup supported this by adding that the new Site Plan should illustrate the following:
1. The Golf Course / Miniature Golf
2. Restaurant
3. Ice Cream Stand
All should be neat and accurately matched. The plan should also represent the landscaping as well as the Administratively Approve changes to the former Site Plan. The Chairman recommended that the applicant return to the May 14, 2008 meeting with the modified Site Plan. Mr. Weiss said that he might not be able to make all of the necessary changes by that time. Mr. Chatfield explained that this was not a voluntary choice as the applicant is already in violation. Mr. Henty suggested that sign be handled by another board. The Chairman said that the location of the sign could be approved by this board. Mr. Dougherty said that he would like to see the sign with the Site Plan.
The Chairman stated that this was an open Public hearing and asked if there were any questions from the audience. Russ Mitchell reiterated that the applicant must make sure that everything is on the Site Plan.
The Chairman said that he would leave this Public Hearing open.
A motion was made by Allen Kovac, seconded by John Dougherty to adjourn this Public Hearing to May 14, 2008.
Motion Passed 7-0
Business: Adjourned Hearings
2008-3-5 Clay South Development Company, LLC (3), Amended Site Plan – South side of Route 31 (new Lowes) (Adjourned from 1 previous meeting)
The applicant asked for this case to be Adjourned.
At the last meeting the applicant proposed an Amended Site Plan, this plan included a guardrail and fence around the pond. Mr. DeTota stated that the applicant had relaxed their position regarding the proposed fence on the condition that the guardrail is installed as shown. Mr. Johnson pointed out that the proposed guardrail, with no breaks, would not allow for regular maintenance. Kate Johnson, the attorney for COR explained this to Lowe’s. Ms. Johnson stated that her client feels that if there are breaks in the guardrail as proposed by the Town Engineer, it would be unacceptable to them. The applicant is requesting a formal approval or disapproval from the Town Planning Board.
Scott Chatfield suggested that the Planning Board Disapprove the amended Site Plan.
A Motion was made by Karen Guinup, seconded by James Sharpe to Disapprove the amended Site Plan based on the following:
1. The Planning Board feels that a fence is not necessary around the retention pond.
2. The proposed fence would restrict water flow
Motion Passed 7-0
Old Business: Hearings Closed
NONE
New Business:
NONE
Woodside Developers, Inc., Woodside Runne, PDD Project Plan Review
The Planning Board is waiting for the Town Board to formally accept.
New Business: Signs
Mr. Balcer presented a Valvoline sign for the Valvoline store located on Route 31.
Mr. Balcer stated that the applicant has reduced the size of the sign to 35 square feet for the original request of 55 square feet. The height would be reduced 2 feet from the original plan. In addition the applicant is proposing a silver sign with white characters.
A Motion was made by Hal Henty, seconded by James Sharpe to approve this sign permit # 39830.
Motion Passed 7-0
ADJOURN MEETING
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn.
Motion Passed 7-0
Meeting adjourned at 9:58 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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