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Town
of Clay
Approved
Planning Board Minutes
July
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 July, 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
Scott Chatfield Planning Board Attorney
Ron DeTota C&S Engineers
Mark Territo Commissioner of Planning
Jill Hageman-Clark Planning Board Secretary
ABSENT: John Dougherty Member
Approval of Minutes:
Motion was made by Hal Henty, seconded by Allen Kovac to approve the minutes of June 11, 2008.
Motion Passed 6-0
Public Hearings:
2008-4-8 HDL Property LLC, (Proposed Walgreens-7256 Buckley Rd)(3) Special Permit Advisory Referral – Drive-In Service
2008-4-9 HDL Property LLC (Proposed Walgreens-7256 Buckley Rd)(3) Special Permit Advisory Referral – Retail Use (5,000 to 15,000 S.F.)
Chairman Lepkowski said that the Board would hear both cases together.
Hal Romans of Ianuzi and Romans and Seth Johnson of Clough Harbor were present for the applicant.
The applicant is proposing a drug store on the northeast corner of Buckley and Taft Roads. The applicant wishes to combine four parcels into two. Lot 1 would be a Walgreen’s drugstore and Lot 2 would be used for future retail.
There was a discussion about the proper zoning for the parcel and if HC-1 or RC-1 would be a better fit. Mr. Romans said that they would still need a special permit for the proposed drive-thru. There was a discussion about the access points and the fact that the County Department of Transportation approves of the points of access.
Mr. Romans pointed out that the hydrant is 400 feet from the building and that the building is sprinkled. He added that there will be no outside dumpsters as the Walgreen stores handle the trash inside of the building. Mr. Henty asked where the trash compactor tote area will be located. Mr. Romans said that the applicant will comply with whatever the Board would like at Site Plan approval.
The parking lot will be 15,000 square feet and the Board approves. The applicant said that they might need a variance for the sign. The set backs are o.k.
Chairman Lepkowski asked about the drive thru. The applicant said that the Town Board wanted to see a traffic report to include the proposed Kinney Drug store project in the report. Ms. Guinup asked if the double drive thru service was to include drop off at one window and pick up at the other. The applicant stated that both windows would be full service. Chairman Lepkowski asked how the size of this building would compare with an Eckerd Pharmacy. The applicant said that he was not familiar with the size of Eckerd. He then asked if it would be the same size as the Walgreens store in Cicero, and it would be. The Chairman reminded that the Town Board is looking for a Recommendation from the Planning Board He added that he would like to see some landscaping at the next meeting and hopes to make a recommendation at that time. Hal Romans said that he would have the updated traffic study at that time.
A motion was made by Bruce Johnson, seconded by Jim Sharpe to adjourn both cases to July 23, 2008.
Motion Passed 6-0
2008-5-3 Rocklyn 31 LLC (Proposed Dunn Tire Store-3883 N.Y.S. Route 31) Special Permit Advisory Referral - Motor Vehicle Sales, Rental and Service
No one was present for the applicant. The Chairman stated that we would table the matter for now. The Chairman called this case again at the end of the meeting and still no one was present.
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn to July 23, 2008.
Motion passed 6-0.
Old Business: Adjourned Hearings
2007-8-9 Truax & Hovey (3), Site Plan – 4483 Buckley Road (Adjourned from 9 previous meetings)
The applicant requested an adjournment.
A motion was made by Hal Henty, seconded by Allen Kovac to adjourn to September 10, 2008.
Motion passed 6-0.
2008-1-1 Rocklyn Cos. (3) Site Plan – 3883 State Route 31 (Adjourned from 1 previous meeting)
A motion was made by Bruce Johnson, seconded by Karen Guinup to adjourn to July 23, 2008.
Motion passed 6-0.
2008-2-2 Cannon Pools (3) – Site Plan , 5210 West Taft Road (Adjourned from 5 previous meetings)
The applicant requested an adjournment.
A motion was made by Karen Guinup, seconded by Jim Sharpe to adjourn to September 10, 2008.
Motion Passed 6-0.
2008-3-7 Reserve Supply (3) Site Plan – 7707 Henry Clay Blvd. (Adjourned from 3 previous meetings)
David Brown was present for the applicant.
Mr. Brown stated that the final plat subdivision has not yet been completed, however the boundry/legal issues have been resolved. The applicant has addressed the county stormwater, traffic and lighting concerns. The applicant is proposing downward lighting therefore alleviating the need for a lighting study. Mr. DeTota concurred. Mr. Brown stated that he and Mr. Spring have been working together on the subdivision, to complete this project. The applicant has agreed to add more landscaping to the roadside (front) of the property to provide a barrier.
There was a lengthy discussion about the map being approved but not signed/completed and filed with the County. Mr. Chatfield asked if Reserve Supply had acquired the title. They discussed the legality of the sale of the parcel prior to the subdivision. Mr. DeTota stated that the applicant could adjust the lot line. There was a discussion regarding the subdivision and if it could be handled administratively. It was decided that it could however the Board must amend the Site Plan. The applicant stated that he would like to obtain a building permit as soon as possible.
Chairman Lepkowski asked if the applicant would be adding lighting and he stated that he would not. Mr. DeTota said that in this case a photometric study would be unnecessary due to the fact that the applicant is only providing lighting required by the New York State Building Code.
Mr. Brown asked if the Board was otherwise satisfied and if the applicant could be granted approval subject to legal and engineering approval. There was a long discussion regarding this.
Chairman Lepkowski stated that this was an open Public Hearing and asked if there were any questions from the audience.
Janet Rathbun stated that she would like to see this handled properly, not pushed through especially in light of the problems that have stemmed from this application and previous applications.
Chairman Lepkowski stated that the would leave the Public Hearing open and would like to see the new lot lines reflected on the Site Plan.
A motion was made by Hal Henty, seconded by Karen Guinup to adjourn to July 23, 2008.
Motion Passed 6-0
2008-4-2 David Essig (3), Amended Site Plan, 3451 Route 31 (Adjourned from 4 previous meetings)
Hal Romans and David Essig were present.
At the last meeting there were two outstanding issues.
§ The propane tank exchange
§ The placement of and the enclosure for the dumpsters.
The applicant stated that there will be a hedge around the dumpsters. Ms. Guinup asked if they could return the dumpster to where it was in an earlier Site Plan (at the rear of the property). Mr. Essig stated that it would make it difficult in the winter to empty because of the hedge. He further explained that he is proposing an L-shaped enclosure with a hedge to disguise it. Mr. Johnson pointed out that this needs to be changed on the Site Plan as well as noting that the hedge will be maintained and replaced if necessary. The Chairman added that the applicant must also remove the sign location from the Site Plan, as this will require a separate application.
The applicant discussed the sign at length. He will need a variance for the lettering. Mr. Chatfield recommended that the Board not examine the sign at this time as the applicant will need to appear before the Zoning Board of Appeals for a variance for sign approval.
The Chairman said that this was an open Public Hearing and asked if there were any questions. There were none. At this time the Chairman closed the Public Hearing.
A motion was made by Bruce Johnson, seconded by Jim Sharpe using standard form # 10 that the Site Plan proposed by David Essig for the property located at 3451 State Route 31 be declared a negative declaration as there appears to be no traffic, drainage or environmental impacts 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 Bruce Johnson, seconded by Jim Sharpe, using standard form # 20 granting Site Plan approval to David Essig based on a map by Ianuzi and Romans dated 12/27/2001 last revised 07/09/ 2008; file # 212.090, subject to the following conditions:
1. The reference to the location of the proposed sign be removed.
2. The existing dumpster be removed.
3. Any shrubbery that has been proposed must be replaced if it dies; in order to conceal the dumpster.
4. All legal and engineering approvals.
Motion Passed 6-0
Addendum: The applicant must appear before the ZBA for three (3) variances regarding the signage.
a. Overall Height
b. Location
c. Letter Height
Mr. Johnson said that he would still like to see the sign moved back.
2008-4-5 Nice N Easy Properites Inc., Zone Change Recommendation – corner of Henry Clay Blvd. & N.Y.S. Route 31 (Adjourned from 1 previous meeting)
Bob Ventre, legal counsel was present for the applicant.
Mr. Ventre stated that the State will not do anything until the Site Plan is approved and added that the driveway location will be decided by the State’s recommendation. The Chairman said that the traffic issues must be addressed, as Route 31 is a major commercial road. The applicant stated that they will agree to whatever the State and Town designates. Mr. Sharpe asked why the applicant does not move back the building so that the need for a variance from the Zoning Board of Appeals is eliminated.
Mr. Johnson stated that he felt that the RC-1 zone is appropriate, keeping with the neighborhood acceptable use. Mr. Henty said that he agreed, as did Mr. Kovac. Mr. Sharpe also agreed adding that perhaps the State will move on this.
Chairman Lepkowski said that he was in favor of splitting the zone so that the Nice-n-Easy would be in the RC-1, and the bank would be in the HC-1 zoning district. Mr. Johnson disagreed. The Chairman said that he could go forward.
A motion was made by Bruce Johnson, seconded by Allen Kovac using standard form # 50 stating that the Zone Change for the South East corner from RA-100 to RC-1 is appropriate for the following reasons:
1. Route 31 is the major East-West corridor in the Town of Clay and that there is commercial development to the far west and east.
2. That it is a reasonable expectation that the highway improvement will accommodate commercial development.
3. Route 31 currently contains commercial development and although continued development will result in increased traffic problems, it is the responsibility of government to accommodate growth.
4. Commercial development and auto sales to the north-west supports commercial development at this corner.
The Chairman said that he would conduct a roll call and it went as follows:
Jim Sharpe – aye agrees that this is a good plan.
Al Kovac- aye agrees that the property is large enough to mitigate.
Chairman- nay- does not feel that he has enough input without the State’s input. HC-1 may be a better fit. However, RC-1 for a gas station may be appropriate. In light, he would like to review the Engineer’s traffic report.
Bruce Johnson- aye
Karen Guinup – aye
Hal Henty- aye
Motion Passed 5-1
2008-5-2 Taft Allen, LLC (3) Site Plan, 5219-5225 Taft Road
(Adjourned from 2 previous meetings)
Hal Romans was present for the applicant.
Mr. Romans said that the applicant has moved the monument sign on the Site Plan to conform. In addition the curb has been ‘softened’ at the exit, the concrete gutter has been removed and there is grading in its place. Jim Stelter of the County Department of Transportation has signed off on the curb cut to the County Road. The landscaping has been increased, adding landscaping to the area where the gutter was previously. Mr. Romans submitted brick samples to be used in the construction of the building. He is proposing a light colored brick at the bottom with red brick columns and matching hardiboard. Mr. Johnson asked if the dumpster enclosure would match, and it would. The Chairman asked if the columns could extend to the west and north sides of the building as well. Mr. Romans said that it could but that it would be a cohesive building with two other retail sites.
There was a discussion about an administrative subdivision. Mr. Chatfield said that the Site Plan could be approved without the subdivision being done because it will just eliminate the lot line, not the perimeter of the property.
The Chairman said that this was an open Public Hearing and asked if there were any questions from the audience and there were none. He closed the Public Hearing.
A motion was made by Karen Guinup, seconded by Jim Sharpe, to adopt a resolution using standard form #10 that the Site Plan proposed by Taft Allen for the property located at 5219-5225 be declared a negative declaration as there appears to be no traffic, drainage or environmental impact which could not be mitigated and does involve any other agencies including the Federal Government.
Motion Passed 6-0
A motion was made by Karen Guinup, seconded by Allen Kovac using standard form # 20 granting Site Plan Approval to Taft Allen for the property located at 5219-5225 Taft Road based on a map by Bergman and Associates file # 07029 map #’s C-1, X.001, C001, C100, C110, C120, C130, C500, C501, C502, C503, C504, C600 and the Architectural drawings by Smith and Associates dated 07/07/2008; no revisions, based on the following conditions:
1. Additional brick columns to be added to the north elevation at the discretion of the architect.
2. Columns will be added to the west side when the last phase of development is completed.
3. Subject to final subdivision to be completed administratively prior to any demolition or building permits being issued.
4. Signage will be approved at a later application.
5. All legal and engineering approvals.
6. The applicant has addressed all of the Onondaga County Planning Boards comments.
Motion Passed 6-0
Old Business: Hearings Closed
NONE
New Business: Signs
Charles Signs – Out parcel in front of North Medical Center strip plaza.
The applicant is proposing two (2) permits on the existing sign facia. The applicant is proposing 15” letters and the signs meet code.
A motion was made by Hal Henty, seconded by Jim Sharpe to approve sign permit# 40314.
Motion Passed 6-0
A motion was made by Hal Henty, seconded by Jim Sharpe to approve sign permit# 40315.
Motion Passed 6-0
Bon Ton – Great Northern Mall - Demolition Permit
Jim Stokes, legal counsel for the applicant was present.
Mr. Stokes explained that the applicant is requesting a demolition permit for the vacant Bon-Ton store on the north side of the Great Northern Mall because the mall has been unable to lease this space and does not wish to continue to maintain it. He added that they will leave the landscaping on the perimeter. The chairman said that this could be handled administratively by the Commissioner of Planning.
Twin Tree’s Pizza – Sign Permit #40288
The applicant is proposing a 36 square foot wall sign for a business. This is allowable within the code.
A motion was made by Hal Henty, seconded by Jim Sharpe to approve sign permit #40288 for the 36 square foot wall sign in the Bayberry Plaza.
Motion Passed 6-0.
Firestone - Sign Permit # 4325
The applicant is requesting a sign for the Firestone store.
There was a discussion about the size of the sign and if the small lettering that states Since 1926 would be allowed. It was decided that the applicant must either remove it or appear before the Zoning Board of Appeals for a variance. In addition the applicant must also remove the existing Firestone and Bridgestone signs from the building.
A motion was made by Hal Henty, seconded by Allen Kovac to approve with the aforementioned modifications.
Motion Passed 5-1.
Bruce Johnson abstained. No reason given.
Great Northern Mall Main Entrance and 1 Side Entrance sign. Sign Permit # 4303
The applicant is proposing two signs, 30” high by 37’ long, text being 30” characters, to mark the entrances to the mall. The signs meet code.
A motion was made by Jim Sharpe, seconded by Karen Guinup to approve two signs for the Great Northern Mall.
Motion Passed 4-2
Bruce Johnson and Hal Henty – Abstained. No reason given.
Meeting Adjourned:
A Motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn this meeting.
Meeting adjourned at 11:49 PM.
Respectfully Submitted,
Jill Hageman-Clark
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