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Town
of Clay
Approved
Planning Board Minutes
June
11, 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 11th day of June, 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
Karen Guinup Member
Hal Henty Member
James Sharpe Member
John Dougherty 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
ABSENT: Bruce Johnson Deputy Chairman
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:
2008-1-1 Rocklyn Cos. (3) Site Plan – 3883 State Route 31
Peter Crissey, architect for the applicant was present.
The applicant is proposing a plaza on Route 31, in the strip of property located between the Saturn auto dealership and the COR strip plaza. The applicant has made the necessary modifications to conform with the previously approved Variances of the Site Plan granted to COR Development. The applicant is proposing split-faced rock in the rear with red and beige in the front; there will be overhead doors.
There was a very lengthy discussion regarding proposed easements to/from the adjacent properties. The applicant stated that the properties would not grant easements to the applicant. The Chairman asked if the applicant had documentation from COR and Sam Dell supporting that they will not grant an easement to the applicant.
There was a long discussion about the access from Route 31 and the right- turn in right-turn out. Also discussed was the ability of mergency equipment to gain access to the property. The Chairman asked the applicant if the building would be sprinkled, he responded that he thought so.
Mr. Balcer asked if the applicant was familiar with the new sign code. The Chairman suggested that the applicant review this, as well as the lighting plan, before the next meeting.
A motion was made by Karen Guinup, seconded by Hal Henty to adjourn until July 9,
2008.
Motion Passed 6-0
2008-4-5 Nice N Easy Properties Inc., Zone Change Recommendation – corner of Henry Clay Blvd. & N.Y.S. Route 31
Bob Ventre attorney and Mr. Hagen were present for the applicant.
The applicant is proposing a zone change for the southeast corner of Route 31 and Henry Clay Boulevard. The applicant wishes to build a bank closer to the residential development to the east of the parcel and a convenience store closer to the corner, at Henry Clay Boulevard. The original plan showed the two businesses switched, however the surrounding residents suggested this change and the applicant complied. The applicant will increase the buffer to 100’. The County Department of Transportation reported that there appears to be no detrimental impact. The applicant further stated that they are working on an easement for a sanitary sewer.
The Chairman said that he would like to review the traffic study. He then asked the applicant if the State D.O.T. had any concerns with the egress and ingress directly across the street adding that there should probably be a traffic light. He reminded that the State D.O.T. needs to make comments addressing the traffic light and the cross access.
There was a discussion about the amount of usable property and the amount of frontage. John Dougherty asked if the applicant could add more landscaping, the applicant responded that they could. Allen Kovac reminded, that the applicant needs to file an application and pay the fees for a Special Permit for the drive-thru. The applicant agreed.
The Chairman stated that was an open Public Hearing and asked if there were any questions from the audience. Russ Mitchell asked about the sewer easement and how that would affect the trees that buffer the lot. Mr. Ventre assured the board that no trees would be removed.
A motion was made by Allen Kovac, seconded by Hal Henty to adjourn this case until July 9, 2008.
Motion Passed 6-0.
2008-4-7 Robert Aluzzo, Zone Change Recommendation – 8254, 8258, 8262, & 8264 Oswego Road
The applicant is requesting a zone change for the properties located at 8254, 8258, 8262 and 8264 Oswego Road north of the Travel Store. The zone change would be consistent with the adjoining parcels however it was recommended that the applicant combine the four driveways into one. Chairman Lepkowski stated that he was concerned that there was no plan in place to demolish the four separate buildings on the parcels to build one larger building for the use of office space as the applicant is pursuing. Mr. Henty suggested that it be a condition in the Recommendation to the Town Board, that the zone change take effect after the houses have been razed and only one driveway will exist for the combined parcel. This discussion went on endlessly and the board was in agreement that the applicant should take down the existing houses, build a single new building and combine the driveways into one prior to the zone change being in place. The zone change would take effect after the tenants have moved out and the houses are vacant.
The Chairman reminded that this is an open Public Hearing and asked if there were any questions from the audience. Hearing none he closed the Public Hearing and asked for a motion.
A motion was made by Karen Guinup, seconded by Allen Kovac to Recommend that the Town Board Approve the Zone Change to O-1 for the properties located at 8254, 8258, 8262 & 8264 Oswego Road, based on the following conditions:
1. That the existing structures will not be used for office use, when they are no longer used, the applicant will raze them and develop it with only one driveway.
Motion Passed 6-0
2008-5-1 Route 31 Associates (3), Preliminary Plat – 3975, 3985 & 4035 Route 31
Ted Spencer, attorney for the applicant was present.
The applicant is proposing a subdivision of the property where the previous golf dome and service road are located. The applicant stated that they would need to take a small area from the lot that the Burger King Restaurant is located on. There was a discussion about how this would affect the Applebee’s Restaurant. Mr. Henty asked if this would land lock the Hotel. The applicant stated that it would not, that there are existing permanent easements in place that would allow for access for all of the parcels.
After a brief discussion between the Chairman and Mr. Chatfield it was decided that a separate Site Plan should be submitted for the Burger King and Applebee’s Restaurants and that they could be approved administratively.
The Chairman 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 Hal Henty to adopt a resolution using standard form #10 that the Preliminary Plat proposed by Route 31 Associates for the property located at 3975, 3985 & 4035 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 6-0
Scott Chatfield, Legal Counsel for the Planning Board recommended that the Board skip the Preliminary Plat and go directly to Final Plat since the applicant will not be making any changes.
A motion was made by James Sharpe, seconded by John Dougherty to go directly to Final Plat approval, contingent upon the applicant making application and paying all associated fees.
Motion Passed 6-0
A motion was made by John Dougherty, seconded by Allen Kovac using standard form # 40 granting Final Plat approval to Route 31 Associates based on a map by Stantec Consulting dated 3/28/2008; no revisions file. 19400395 map # 8489, subject to the following conditions:
1. Al legal and engineering approvals.
2. Administrative Site Plan approval is obtained for the remaining two parcels (Burger King and Applebee’s).
3. Reciprocal Ingress and Egress easements are in place to insure access from all lots to Route 31.
4. The applicant shall file all papers and pay all associated fees for the Final Plat application.
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 10 previous meetings)
Julian Clark of Plumley Engineering was present for the applicant.
The applicant has changed the drive-thru per the request of the Planning Board. In addition they have added a fence and a 40’ no cut zone to aid in the privacy of the neighbors. The Chairman asked if the Town Board had granted the drive-thru special permit and they had based on the County Department of Transportations approval.
Mr. Henty asked about the access for the Fire Department. The applicant stated that the Fire Department will access to the rear, however when asked he stated that the building would not be sprinkled.
Chairman Lepkowski asked if there were any questions from the audience. Bill Rounds of 3666 Black Brant Drive stated that he would like to make sure that the natural woodlands will be preserved in addition he would like to see all of the area fenced in.
The applicant stated that he would return with a lighting plan and a landscaping plan showing 40 ‘ buffer (no cut zone) and the forever wild area.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn to July 23, 2008.
Motion Passed 6-0
2008-4-2 David Essig (3), Amended Site Plan, 3451 Route 31 (Adjourned from 3 previous meetings)
Hal Romans was present for an amended Site Plan. First discussed was the parking and the number of spaces and there was some confusion. The discussion then went on to the signage on the front of the restaurant. The applicant will need to obtain a variance for the sign on the building. Mr. Henty reminded that the street address needs to be on the sign.
Mr. Romans asked if the sign might be approved tonight. Mr. Henty told the applicant that a sign may be approved however they still need a building permit.
Mr. Romans asked if there was any possibility of sign approval. After a long discussion, the board agreed that the applicant could erect a 16 square foot building mounted sign for the restaurant providing they pay all fees and obtain a building permit.
Ms. Guinup asked about the dumpsters out in the open. She asked the Commissioner of Planning if the dumpsters were supposed to be enclosed on original Site Plan.
The Chairman reminded that this is an open Public Hearing and asked if there were any questions from the audience.
Russ Mitchell asked about the concrete pad and if it was where the applicant sells propane.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn to July 9, 2009.
Motion Passed 6-0
The applicant asked about getting approval for the sign on the front of his building.
A motion was made by Allen Kovac, seconded by John Dougherty to approve the sign for the Sportside Restaurant as presented; the sign being under or at the allowed maximum of 16 square feet and the letters will not be less than 4”. The amended submittal if it meets the code could be approved by the Commissioner.
Motion Passed 6-0
2008-4-4 West Taft Road Associates (3), Site Plan – 4820 West Taft Road (Adjourned from 2 previous meetings)
Al Maxian of Maxian & Horst was present for the applicant.
The Chairman asked the applicant if they had reviewed the engineering issues with Mr. DeTota, and they had. Mr. DeTota stated that everything appeared to be in order and the applicant will construct the Stormwater Management facility and dedicate a drainage easement over this improvement to the town. The applicant will need to prepare a metes and bounds description of the proposed drainage easement and submit to the Town Engineer for their review and approval.
The Chairman stated that this is an open Public Hearing and asked if there were any questions. Hearing none he closed the Public Hearing.
A motion was made by John Dougherty, seconded by Hal Henty to adopt a resolution using standard form #20 that the Final Plat proposed by West Taft Associates for the property located at 4820 West Taft 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 6-0
A motion was made by John Dougherty, seconded by James Sharpe using standard form # 20 granting Site Plan approval to West Taft Associates based on a map by Maxian & Horst, dated 2/26/2008; last revised 6/11/2008 Drawing # L-1, subject to the following conditions:
1. All legal and engineering approvals.
2. The applicant will build the Stormwater Management Facility and convey to the Town of Clay a drainage easement across this improvement, the certificate of occupancy will be conditional upon the completion of the finalized easement.
Motion Passed 6-0
2008-4-6 Michael P. Bell (3) Preliminary Plat, 10224 Caughdenoy Rd.
(Adjourned from 1 previous meeting)
Hal Romans was present for the applicant.
Mr. Romans began by stating that the Onondaga County Planning Board required that the ingress and egress easement should be increased to 60’ wide. This has been shown on the new map.
The Chairman asked if there were any questions and there were none. He closed the Public Hearing.
A motion was made by Karen Guinup, seconded by Hal Henty using standard form # 10 that the Preliminary Plat proposed by Michael P. Bell for the property located at 10224 Caughdenoy 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 6-0
A motion was made by Karen Guinup, seconded by John Dougherty to go directly to Final Plat approval, contingent upon the applicant making application and paying all associated fees.
Motion Passed 6-0
A motion was made by Karen Guinup, seconded by Hal Henty using standard form # 40 granting Final Plat approval to Michael P. Bell for the property located at 10224 Caughdenoy Road based on a map by Iannuzi and Romans dated 6/11/2008; no revisions file # 2319.001 subject to the following conditions:
1. All legal and engineering approvals.
2. The applicant will pay all associated fees.
Motion Passed 6-0
Note: The applicant has complied with all of the recommendations set forth by the Onondaga County Planning Board.
2008-5-2 Taft Allen, LLC (3) Site Plan, 5219-5225 Taft Road
(Adjourned from 1 previous meeting
Hal Romans, Brian Burri of Bergman Associates and Ralph DiTucci were present for the applicant.
Ron DeTota expressed his concern regarding the culverts and swale to the drainage basin. They discussed the signage. The board discussed right turn only and do not enter signs, and the benefit that they would be for smooth traffic flow. In addition stop signs and the possibility of a stop bar were discussed. There was a great deal of discussion about the access for emergency vehicles. The applicant was asked about removing a parking space to free up the traffic circulation a little. The applicant stated that he would consider this. Again they discussed that the entire building would be sprinkled and the possibility of adding another fire hydrant. Mr. Romans said that he had worked out the previously discussed issues with the fire department.
Lighting was discussed. The lighting will shine down and there will be no spillover outside of the parking lot. The applicant is also proposing shielded wall packs. Ms. Guinup asked if the lights will be on a base the applicant said that they would and the base will be 2’ the pole will be 22’.
The Chairman reminded that this is an open Public Hearing and asked if there were any questions. There were none.
A motion was made by John Dougherty, seconded by James Sharpe to adjourn this Public Hearing until July 9, 2008.
Motion Passed 6-0
Old Business: Hearings Closed
2008-3-3 Joseph S. Janowski, Zone Change Recommendation, RA-100 to RC-1 –
7917 Oswego Road (Adjourned from 3 previous meetings)
The Town Board is waiting for a recommendation from the Planning Board. The County Department of Transportation stated there would be no negative impact.
A motion was made to the Town Board by Allen Kovac, seconded by Hal Henty, to recommend approval of the Zone Change from RA-100 to RC-1 for the property located at 7917 Oswego Rd. based on the following:
1. 90% of the parcel cannot be built on, due to flood rights.
2. The Town Board will accept a Covenant for the portion encumbered with flood rights.
3. The applicant can build on the 10% usable portion of the parcels.
Chairman Lepkowski asked for a role call, and it was as follows:
Jim Sharpe- Aye
John Dougherty- Aye
Karen Guinup-Aye
Hal Henty-Aye
Chairman Lepkowski-Nay
The Chairman stated that he was not in favor of this zone change, challenging that an HC-1 would be a more appropriate fit for this parcel. Furthermore, the Chairman stated that only the portion to be developed should have its zone changed.
Motion Passed 5-1
New Business: Signs
NONE
ADDITIONS to Agenda:
2008-06-2 Ashley Landing , Final Plat –
The applicant is requesting minor geometric modifications to the 15 lots.
A motion was made by Karen Guinup, seconded by Hal Henty using standard form # 40 granting Final Plat approval to Ashley Landing based on a map by Iannuzi and Romans dated 2/01/2008; no revisions file # 2701.002.
Motion Passed 6-0
Signs
Innovations Salon and Day Spa – #40194
David Balcer presented.
The applicant is proposing a 24 square foot sign with 10 inch lettering. The 7’-9” sign is within the limits of the new sign ordinance which would allow 15 feet.
A motion was made by Allen Kovac, seconded by James Sharpe to approve this sign for Innovations as presented.
Motion Passed 6-0
Renovate - #40178
David Balcer presented.
A motion was made by Hal Henty, seconded by James Sharpe to approve this sign with Modifications.
Motion Passed 6-0
Lowe’s - #40142
David Balcer presented.
The applicant is proposing a 125.6 square foot sign. It will be 22 feet high with 85 square feet of actual signage. There was a discussion as to whether this should be an amended Site Plan application, and it was determined that it should not. The size of the letter was acceptable as is the location from the road . The base of the sign is on the large size but o.k.
A motion was made by Hal Henty, seconded by John Dougherty to approve this sign for Lowe’s as presented.
Motion Passed 6-0
Calvery Chapel - #
David Balcer presented.
The applicant again submitted a sign that is not within the guidelines of the sign ordinance. The Planning Board recommends that the applicant apply for a variance from the Zoning Board of Appeals.
Recommendation to Town Board
Allen Kovac made a motion, John Dougherty seconded, Recommending to the Town Board that they reconsider the sign height requirement for the smaller zones as there is a conflict regarding the number of letters and the letter size.
Motion Passed 4-2
Opposed – Karen Guinup, Hal Henty.
ADJOURN MEETING
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn.
Motion Passed 6-0
Meeting adjourned at 12:48 AM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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