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Town
of Clay
Approved
Planning Board Minutes
May 14, 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 14th day of May, 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
Hal Henty Member
James Sharpe Member
Allen Kovac Member
John Dougherty Member
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Dave Balcer Town Planner
Mark Territo Commissioner of Planning and Development
Jill Hageman-Clark Planning Board Secretary
Approval of Minutes:
A motion was made by Bruce Johnson, seconded by James Sharpe to approve the minutes of April 23, 2008.
Motion Passed 7-0
Public Hearings:
2008-3-6 Mario Pirrello (3) Site Plan - on Route 57, a Seneca Mall out parcel
Jessica Haas of Lake Art Design Architects was present for the applicant.
Ms. Haas stated that all of the modifications to the building would be on the interior with the exception to a door cut on the outside. The applicant wishes to lease this building and use it for a retail organic and natural market. The applicant has been given permission by the mall owner to use additional mall parking in addition to the trash compactors in the rear of the mall.
Mr. Henty asked if the applicant would be conducting any business outside. The applicant responded that they would not. Mr. Henty asked if the applicant would remove the drive thru window and they stated that they would not, that the landlord would like it to remain. The applicant stated they have shelving inside blocking the drive-thru window. Mr. Henty reminded the applicant that the existing drive thru is no longer legal as it has not been used for a period of time greater than six (6) months and that they would need to obtain a Special Permit from the Zoning Board of Appeals to use it. Mr. Dougherty asked if the applicant would hang signs or banners from it and they would not. The Chairman asked about the hours of operation and the applicant stated that they would operate from 9AM to 7PM with deliveries from 10AM to Noon.
The Chairman stated that this is an Open 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 Case #2008-3-6, be declared a negative declaration as there appears to be no traffic, drainage or 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 Bruce Johnson, seconded by Hal Henty to adopt a resolution using standard form #20 granting Site Plan approval to Mario Pirrello for the property located on Route 57 at Seneca Mall for a Organic and Natural Retail Market, based on a map by Lake Art Design Services dated 2/29/2008; no revisions, file # LA08010, subject to:
1. All legal and engineering approvals.
2. The existing drive-thru window shall not be used for any retail business.
Motion Passed 7-0
2008-3-7 Reserve Supply (3) Site Plan – 7707 Henry Clay Blvd.
David Brown, Bill Gambino and David Gates were present for the applicant. The applicant is proposing a building supply wholesale business. He would provide wood products and trusses, in addition the applicant stated that they would not provide any retail business therefore generating minimal traffic. This was further indicated by the Onondaga County Planning Boards comments stating that they did not deem it necessary for a traffic study. Mr. Balcer asked how much traffic the applicant would expect in a day. The applicant responded 4-6 cars per day; he further stated that the majority of deliveries would arrive by train. He explained that the spur had been redone to accommodate deliveries.
The applicant will reside and reroof the existing structure. They are in the process of completing a Stormwater and a Lighting Plan. The discussion turned to the proposed shared driveway easement between the applicant and Mr. Gary Spring of the adjoining lot. This was discussed at length; in addition to the third lot (the parcel to the north, flag lot).
Mr. Chatfield explained that the Site Plan that the applicant is discussing differs from the Final Plat configuration previously approved by the Planning Board. Mr. Chatfield further stated that Mr. Spring was granted Site Plan approval for a parcel that does not exist. He also stated that both operations could be shut down if the subdivision issue was not resolved. Ms. Guinup asked if the applicant had applied for an application for Subdivision. The applicant said they had not. The Chairman agreed, that approving a Site Plan which does not match the previously approved subdivision cannot happen at this time. He further advised the applicant to work with Mr. DeTota on the traffic study.
A motion was made by Hal Henty, seconded by Karen Guinup to adjourn this Public Hearing to July 9, 2008.
Motion Passed 7-0
2008-4-1 Prime Management; Attn: Dean DeVito, Special Permit Advisory Referral – Oswego Road
Julian Clark, engineer from Plumley Engineers was present for the applicant.
Mr. Cark indicated that the Town Board had ruled to allow that the covenant be removed. The covenant that stated the area must be developed as a single parcel has been removed. The covenant would still not allow a carwash. A bank drive-thru would require Special Permit which the applicant applied for and the Town Board has referred to the Planning Board.
The applicant will maintain the 40’ no cut zone, this area will not be disturbed under any circumstance. There will also be a fence to shield the headlights from the adjoining properties, as well as evergreen trees.
Chairman Lepkowski asked how bright the lighting would be, adding that banks are known for excessively bright lights. The applicant assured the board that the lighting would be subdued. The Chairman said that a good example of what the board likes is the daycare center on this road. The applicant said that he would find out who did the lighting to try to use them on this plan.
Mr. Johnson asked about the drive thru and the turning radius, adding that he felt that it would solve many problems if the direction of the drive thru were to be reversed. The applicant agreed adding that this would allow for greater stacking of cars. Mr. Devito agreed that this would be an improvement. Ms. Hall said that she would like a stockade fence as well as the trees to provide a safe area for her dogs.
A motion was made by Bruce Johnson, seconded by John Dougherty to make a recommendation to the Town Board granting Approval to Dean Devito for the proposed bank drive-thru if it is reversed to the west. Also it should be noted that the “No Cut Zone” shall remain on all plans.
Motion Passed 6-1
Opposed- Hal Henty because this application is really no different than the proposed car wash in the original plan.
2008-4-3 Jit Turaklia (3), Special Permit – 3444 Route 31
Jit Turaklia was present.
Mr. Turaklia is requesting a special permit for the tenants that run the Koala Daycare Center. The applicant wishes to expand the area used for the daycare facility to accommodate 120 new enrollments. The new building would house children aged 5-12 years old while the existing building would be used for 6 week to 4-5 year olds. The bus would pick up the older children for school. The applicant states that there is a need for school age children daycare, more so with the new development in this area.
There was a discussion regarding the amount of parking. The applicant responded that the drop offs and pick-ups are staggered allowing for more than adequate parking for parents.
The Chairman stated that this is an Open Public Hearing and asked if there were any questions from the audience, Hearing none he closed the Public Hearing.
A motion was made by Bruce Johnson, seconded by James Sharpe to adopt a resolution using standard form #10 that the Site Plan proposed by Jit Turaklia at 3444 Route 31 be declared a negative declaration as there appears to be no traffic, drainage or 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 Hal Henty to adopt a resolution using standard form #20 granting a Special Permit to Jit Turaklia at Route 31 for the addition for the Child Care Facility as outlined in red, on the map by JT Systems, dated 03/27/2008; no revisions subject to:
1. All legal and engineering approvals.
Motion Passed 7-0
2008-4-4 West Taft Road Associates (3), Site Plan – 4820 West Taft Road
Terry Horst and Anthony Dellea were present for the applicant. The applicant met with Ron DeTota regarding the drainage. The existing retention plan is not adequate. The applicant has file with the Department of Environmental Conservation (DEC) and the Army Corp of Engineers. The Onondaga County Planning Board reported finding no issues.
The applicant discussed the items to be addressed as outlined by C&S Engineers. The applicant stated that the easement provided for access by the Town for maintenance would not be necessary, as the applicants will maintain themselves. Mr. DeTota explained that the easement must be provided in case of negligence, allowing the town to maintain and restore if necessary.
They also discussed the silt dikes, bench with wetland plants and the creation of an access road. Mr. DeTota said that there were no major issues to resolve however they must grade the area. The applicant agreed.
The Chairman asked the board if they were comfortable with approval subject to conditions. Ms. Guinup said that she felt that there were too many issues to be resolved. Mr. Henty agreed, adding that the changes need to be reflected on the Site Plan.
The Chairman said that this is an open Public Hearing and asked if there were any questions from the audience. There were none. He stated that he would keep the Public Hearing open.
A motion was made by Bruce Johnson, seconded by John Dougherty to adjourn until May 28, 2008.
Motion Passed 7-0
Old Business: Adjourned Hearings
2007-12-3 Group One Development, LLC (3) Site Plan – Corner of Route 31 & Henry Clay Blvd. (Adjourned from 4 previous meetings)
The applicant requested an adjournment until after they appear before the Zoning Board of Appeals.
A motion was made by Hal Henty, seconded by Allen Kovac to adjourn this Public Hearing until July 23, 2008.
Motion Passed 7-0.
Ron Sutherden, from Pine Plains Cemetery asked if the applicant was going to put up a fence. He was concerned for privacy of the mourners at the cemetery. Mr. Balcer reminded the Board that the applicant is requesting a variance to reduce the buffer (perimeter strip setback). The chairman suggested that the applicant attend the ZBA meeting to state his comments and concerns.
2008-3-1 Ticada Realty, LLC (3), Site Plan, 5496 East Taft Road (Adjourned from 1 previous meeting)
Paul Heisman architect, was present for the applicant.
Chairman Lepkowski asked the applicant if they had the changes to the lighting, dumpster and photometrics as outlined at the previous meeting. After reviewing the updated Site Plan the Chairman remarked that it looked reasonable. The dumpster enclosure is 3 sided split faced block corral that will match the building. The applicant will show the wetlands on the map. The applicant also agreed to change the shrubbery to the east to salt tolerant shrubbery. Mr. DeTota stated that there needs to be some work on the stormwater pollution prevention plan. Mr. Heisman angrily stated that their application had been submitted on March 3rd. Mr. DeTota said that he had not received the documents until the May 2 only giving him 12 days to completely examine further more the revisions were only completed at 3 PM today. There was a lengthy discussion regarding the Bio-Retention and the burden of maintaining it. Mr. Heisman became agitated and stated that if they were making this another car dealership he would not even need to appear before this board. Mr. DeTota agreed stating that because of the change of use it is necessary to work within the DEC’s rules and regulations. He apologized to the applicant for the delay.
The applicant would like to close before the end of the month. Mr. DeTota stated that the applicant must resolve some Site Plan issues first. Mr. Chatfield asked about the labeling of Lot 2, the conveyance of Lot 1 to the North Syracuse Central School District and the easement. A lengthy discussion ensued.
The Chairman reminded that they would be limited by the environmental forms to what the applicant can do. He then asked if there were any questions from the audience, there were none
The Chairman stated that he would leave the Public Hearing open.
A motion was made by Hal Henty, seconded by Bruce Johnson to adjourn this Public Hearing until May 28, 2008.
Motion Passed 7-0
2008-3-2 Dean & Mari Kay Fleming (3), Site Plan, 8557 & 8563 Oswego Road (Adjourned from 1 previous meeting)
Hal Romans was present for the applicant.
Mr. Romans stated that he had met with Jim Stelter of the County Department of Transportation. Mr. Stelter indicated that the change of use from Insurance Company & Florist to Insurance Company and (2 employee) Real Estate business would be acceptable. The Site Plan reflects the in only and the full access driveways. The applicant will apply to resubdivide the parcels into one parcel. This will be done administratively through the Commissioner of Planning and Development. There was a lengthy discussion regarding the 16 existing parking spaces and the 14 reserved spaces. Mr. Johnson remarked that he had passed the business during the hours of operation and there were not many cars in the lot.
After much discussion it was decided that the applicant would remove the 3 spaces located by the shed. This will make the revised total number of spaces 27. Mr. Balcer pointed out that if the applicant were to add the reserve additional spaces that they would need to obtain a variance for the perimeter strip.
The Chairman reminded that this is an open Public Hearing and asked there were any questions from the audience, hearing none he closed the Public Hearing.
A motion was made by Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form #10 that the Site Plan proposed by Dean and Mari Kay Fleming at 8557 &8563 Oswego Road be declared a negative declaration as there appears to be no traffic, drainage or 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 Bruce Johnson, seconded by Karen Guinup to adopt a resolution using standard form #20 granting Site Plan approval to Dean and Mari Kay Fleming at 8557 &8563 Oswego Road for the Insurance company and Real Estate company (2 employees) based on a map by Ianuzzi and Romans dated 2/14/2008; last revised 5/14/2008 subject to:
1. All legal and engineering approvals.
2. The area shown on the map to the north for the future drive be eliminated.
3. 14 additional spaces will be added to the south for parking spaces.
4. Remove the 3 spaces by the shed and revise the total number of spaces to reflect this (27 spaces).
5. The applicant will pay the fees and file the application to combine the 2 parcels into 1.
6. There will be no backing into the right-of-way.
7. The proposed Site Plan will be reviewed by the Onondaga County Department of Transportation and will forward to the town to that effect.
Motion Passed 7-0
2008-4-2 David Essig (3), Amended Site Plan, 3451 Route 31 (Adjourned from 1 previous meeting)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by James Sharpe to adjourn this Public Hearing to May 28, 2008.
Motion Passed 7-0.
Old Business: Hearings Closed
2008-2-4 Joseph S. Janowski , Zone Change Recommendation, RA-100 to O-2 – 8086 Oswego Road (Adjourned from 1 previous meeting)
The applicant presented his case at the previous meeting and the Town Board is waiting for a Recommendation from the Planning Board.
Chairman Lepkowski began by stating that he feels that the O-2 (Office) zone will be a good use for this parcel.
Mr. Johnson agreed but added that the Site Plan has some issues.
Ms. Guinup also agreed but feels that it will generate considerably more traffic and parking problems. She is also concerned with the left turn from Balboa Drive onto Route 57.
Mr. Henty agreed that the O-2 zone would be a good use.
Mr. Kovac agreed that this is the best use for this property.
Mr. Dougherty agreed stating that any comments that he would have had already been made.
Mr. Sharpe agreed adding that he shares the traffic concerns with Ms. Guinup.
A motion was made by Mr. Henty, seconded by Mr. Johnson that the Planning Board Recommends this Zone Change from RA-100 to O-2 because it is a good zone for the area and it fits well with the surrounding parcels.
Motion Passed 7-0
Ms. Guinup reiterated her concerns with the parking and traffic.
2008-3-3 Joseph S. Janowski, Zone Change Recommendation, RA-100 to RC-1 – 7917 Oswego Road (Adjourned from 1 previous meeting)
Hal Romans appeared for the applicant.
The applicant is requesting an adjournment so that the traffic study can be completed.
A motion was made by Hal Henty, seconded by James Sharpe to adjourn this Public Hearing until May 28, 2008.
Motion Passed 7-0.
New Business:
NONE
Signs
Sign-O-Rama
The applicant is proposing a 38.4 square foot sign which exceeds the sign code maximum of 26 square feet. The applicant was instructed to reduce the size of the sign or obtain a variance from the Zoning Board of Appeals.
JD’S Fish n’ Grill Permit # 40049
The applicant wishes to erect a new sign due to new ownership/ name of the business. the applicant is proposing two sign at 30 square feet. Chairman Lepkowski stated that the letters must be a minimum of 10” high.
A motion was made by John Dougherty, seconded by James Sharpe to approve this application, subject to verification of size from the Commissioner of Planning and Development.
Motion Passed 7-0
Calvery Chapel
The applicant is proposing a 28 square foot sign, which exceeds the maximum of 24 square feet. Cindy Heid, Deputy Commissioner of Planning and Development had contacted the applicant but the applicant has not returned her call. Chairman Lepkowski advised that the applicant reduce the size of the proposed sign and return to the May 28, 2008 meeting.
Meeting Adjourned:
A Motion was made by John Dougherty, seconded by Allen Kovac to adjourn.
Meeting adjourned at 11:15 PM.
Respectfully Submitted,
Jill Hageman-Clark
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