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Town
of Clay
Approved
Planning Board Minutes
July
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 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
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
Minutes of Previous Meeting
A motion was made by Karen Guinup, seconded by Jim Sharpe to approve the minutes of the previous meeting.
Motion Passed 7-0
Public Hearings:
2008-6-1 Clay South Development Co., LLC (3), Amended Site Plan – South side NYS Route 31 (Lowe’s out parcel)
The applicant requested an adjournment.
A motion was made by John Dougherty, seconded by Allen Kovac to adjourn to August 13, 2008.
Motion Passed 7-0
2008-6-3 8512 Route 57 LLC (3), Amended Site Plan – 8512 Oswego Rd. (Amend Site Plan to add “Instructional Facility” to existing plaza)
Hal Romans was present with the applicant, Charles Perry.
The applicant is proposing a small instructional facility for use as a gymnastics school. Mr. Perry stated that he would be cleaning up the outside of the building. He added that there will only be one instructor for 20-30 students.
The Chairman asked if the applicant had seen the comments from the Onondaga County Planning Board regarding this application. He had not. The Chairman explained that the OCPB recommended that the applicant resubdivide the two existing parcels into one. This could be done administratively by the Commissioner of Planning and Development. In addition they mentioned the right of way. The Chairman mentioned the easement. The Chairman also mentioned cleaning up the rear and adding some landscaping. There was a discussion about landscaping in the front corridor. Mr. Henty reminded that safety must not be compromised. Mr. Romans said that the landscaping would be low.
The Chairman asked what the hours of operation will be. Mr. Perry stated Monday, Wednesday and Saturday from 9:00 AM to Noon and 4:00 PM to 8:00 PM. The Chairman reminded that it will become dark in the winter and asked if the applicant is proposing any additional lighting. Mr. Romans said that they plan on using the existing lighting.
Ms. Guinup asked how this Site Plan differs from the original. Mr. Romans stated that parking is now indicated, as is the retail use.
Mr. Henty stated that there was a gymnastic school years ago in this location. Ms. Guinup asked if part of the building was used for residential at one time. Mr. Romans said that he did not think that it was. The Chairman asked the Commissioner of Planning and Development to look up the previous Site Plan for the next meeting. The Commissioner agreed.
Mr. Balcer commented that there are only two handicapped parking spaces and it requires five. The applicant said that he would restripe.
The applicant asked if he should show the fire hydrants on the Site Plan.
The Chairman said that he would leave the Public Hearing open.
A motion was made by Hal Henty, seconded by John Dougherty to adjourn until August 13, 2008.
Motion Passed 7-0
2008-6-4 Steven Geiger (3) Preliminary Plat – 8150 Morgan Rd. (Northeast corner Morgan & Waterhouse Rd.)
Hal Romans was present for the applicant.
The applicant is proposing a 2 lot subdivision for the North East corner of Waterhouse and Morgan Roads. Five acres was recently rezoned to NC-1 and the remaining acres were left at RA-100. The applicant proposes to subdivide it the same. There will be an additional right of way at Morgan and Waterhouse Roads. Chairman Lepkowski stated that the Onondaga County Planning Board recommended the following modifications:
1. No direct access for Lot 1.
2. No additional access for Lot 2.
3. 60 foot right of way to be granted to the adjourning parcel.
There was a discussion about the Stub Street as well as access to lot 1 through Lot 2.
Chairman Lepkowski 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 Jim Sharpe to move directly to Final Plat.
Motion Passed 7-0
A motion was made by Karen Guinup, seconded by John Dougherty to adopt a resolution using standard form # 10 that the Final Plat proposed by Steven Geiger at Waterhouse and Morgan Roads 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 # 40 granting Final Plat approval to Steven Geiger located at the North East corner of Waterhouse and Morgan Roads based on a map by Ianuzi and Romans, file # 3332.001, dated 6/18/2008; no revisions subject to the following conditions:
1. The applicant will pay all fees and file the appropriate papers for Final Plat application.
2. Lot 1 is to provide an ingress and egress easement for the appropriate access to Lot 2.
3. All Legal and Engineering approvals.
Motion Passed 7-0
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 11 previous meetings)
Julian Clark of Plumley Engineering was present for the applicant.
The applicant is proposing an office park on Route 57. The applicant has shortened the area around the island to allow emergency vehicles easier access to the bank. In addition they have added dumpster enclosures that will match the exterior of the building. Bill and Nancy Round, residents, asked if the applicant has added the 6’ wooden fence, the applicant has. In addition the applicant is proposing a 40 foot wide forever-wild green area. The Chairman asked if they have a tenant in mind for the bank and they do not.
The applicant detailed the exterior of the office building stating that it will be cedar shake shingles and vinyl siding. He is proposing two signs, for a total height of 13.5 feet.
The Chairman asked about the photometric plan, specifically if the lighting would be on all night. The applicant said that the lighting would be lowered at night time so as not to disturb the residents. The Chairman said that the daycare center down the road is very tasteful and perhaps they could follow suite.
The applicant did not provide a landscape plan. Mr. DeTota said that he is reviewing the engineering aspects of the plan. Mr. Balcer stated that the applicant is short on the size of the parking spaces.
The stormwater study and the traffic studies have been completed.
At the previous meeting the Fire Marshall stated that the sidewalk does not go to the two front porch doors and that he would like to see a hydrant adjacent to the entrance. The applicant has complied with these requests.
The Army Corp is in the process of sending a report regarding the wetlands.
The Chairman said that the applicant could only have one sign per entrance and recommended that they remove the signs from the Site Plan. He also recommended that when the time comes the applicant may consider a monument sign as this is more aesthetically pleasing to the town.
The Chairman said that he would leave the Public Hearing open and asked for a motion to adjourn.
A motion was made by Allen Kovac, seconded by Karen Guinup to adjourn to 8/13/2008.
Motion Passed 7-0.
2007-4-4 John E. Davis/Davis Ventures LLC, Zone Change Recommendation RA-100 to HC-1, 5064, 5154 & 5170 State Route 31 (Adjourned from 8 previous meetings)
2007-4-6 Richard J. Alt & Donald W. Alt, Zone Change Recommendation RA-100 to HC-1, 5236 & Vacant Land, State Route 31 (Adjourned from 8 previous meetings)
Hal Romans was present for both applicants. He stated that he and the applicants will meet with the State next week. He asked that both cases be adjourned until after that meeting.
A motion was made by Jim Sharpe, seconded by John Dougherty to adjourn both cases to August 13, 2008.
Motion Passed 7-0
2007-10-12 Clay Park, LLC, Zone Change Recommendation, RA-100 to HC-1 & R-Apt – NYS Route 31 & Caughdenoy Road (Adjourned from 3 previous meetings)
Hal Romans was present for the applicant and requested an adjournment.
A motion was made by Allen Kovac, seconded by Jim Sharpe to adjourn to August 13, 2008.
Motion Passed 7-0
2007-12-3 Group One Development, LLC (3) Site Plan– Corner of Route 31 & Henry Clay Blvd. (Adjourned from 5 previous meetings)
No one was present for the applicant.
A motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn to August 13, 2008.
Motion Passed 7-0
2008-1-1 Rocklyn Cos. (3) Site Plan – 3883 State Route 31 (Adjourned from 1 previous meeting)
A motion was made by Karen Guinup, seconded by Hal Henty, to adjourn to September 10th, 2008.
Motion Passed 7-0
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 (Adjourned from 1 previous meeting)
The applicant began by stating that he had been E-mailing Mark Grainer from the State Department of Transportation regarding access. The D.O.T. is still reviewing it. He added that the business will be open until 6:00 PM, Monday through Saturday, closed Sunday. The Chairman said that the Town Board is looking to the Planning Board for guidance. He further added that he had a letter from C.O.R. The applicant asked if it would be possible to be granted Conditional Approval based upon the access being settled. Mr. Johnson asked the applicant if he would be willing to forego access directly onto Route 31 if C.O.R. would allow access. The applicant stated that regardless the D.O.T. is willing to allow right turn in. The Chairman suggested that perhaps the applicant may be required to participate in the cost to maintain the access road with C.O.R.
Chairman Lepkowski asked if they would offer New York State Motor Vehicle Inspections. The applicant was unsure but added that he would bring a ‘menu’ of services to the next meeting. Mr. Johnson asked if the applicant would be willing to state that they would not offer body work repairs ever. He then asked the Planning Board Attorney if the next tenant would be able to do repairs. Mr. Chatfield said that the Town Board could accept covenants on the land limiting the types of services, if the applicant offered them on a Special Permit. Again the applicant said that they would like to be granted Site Plan approval conditional upon the D.O.T. recommendation. The Chairman said that he could not do this. Mr. Henty agreed, as did Mr. Johnson. Mr. Chatfield stated that it was important tot make the Town Board understand our concerns. The applicant said that he was willing to accept right-in, right-out only or even right in, if they received access from C.O.R. Mr. Chatfield said that he thought that the Town Board wanted no access onto Route 31.
The Chairman said that he would table the Recommendation to the Town Board. Ms. Guinup stated that the Town Board was only asking for input, and that the access from C.O.R. or Route 31 had little or no bearing on whether or not the Special Permit should be granted. Mr. Johnson agreed. The Chairman voiced his concerns regarding the loss of parking spaces due to egress and ingress. Mr. Dougherty agreed with Mr. Johnson and Ms. Guinup adding that they are independent things. A discussion ensued regarding the Special Permit Advisory to the Town Board and if it should or should not be granted or look at the list of issues that they should be concerned with.
The Chairman closed the Public Hearing.
Bruce Johnson said that the Planning Board has reviewed the application for Dunn Tire for a Special Permit and the concerns are as follows:
1. First and foremost the access onto Route 31 should not be allowed.
2. All access should be by way of the C.O.R. ring road.
3. The applicant will limit the services that he will offer, for example a collision or body shop would not be desirable for this parcel. In addition the board would like to see this covenanted or the applicant state that he will not provide these services.
4. If the applicant is willing to comply with these conditions the boards feels that the Special Permit will not have a negative impact.
The board was in agreement 6-1, with Karen Guinup Voting Against the referral. She stated that the items were Site Plan issues and not land use issues that were brought up.
This will be the referral to the Town Board.
Motion Passed 7-0
2008-3-7 Reserve Supply (3) Site Plan – 7707 Henry Clay Blvd. (Adjourned from 3 previous meetings)
The applicant began by explaining that the revised Site Plan will be filed in the morning. Lot 1 will remain the same; Lots 2 & 3 will become Lot 2. The exchange of property and the clean up of Lot 1 is in the process. The easements have been granted since May of 2004. The access easements will be approved administratively.
Ed Keplinger, Landscape Architect with Keplinger, Freeman and Associates was present for the applicant. Mr. Keplinger explained that they will reconstruct the driveway, provide landscaping along the berm that will include Maple and Pine trees. There was a discussion about what type of trees would provide the best sound barrier.
The Chairman asked if the applicant will be removing the pole barn; the applicant affirmed that he would. They will add an access road to accommodate heavy equipment. Mr. Henty said that he would like to look at the property. The Chairman asked Mr. DeTota if he had looked at the plan. He stated that he had and that he was o.k. with it.
Chairman Lepkowski then asked Mr. Spring if he would be planting new evergreens and if he planned on replacing them if they died. He agreed. The Chairman then asked if there were any questions from the audience. Janet Rathbun discussed the noise currently generated by the applicant. She suggested that perhaps a 6’ fence may be a better solution for the noise. Several members of the board stated that they felt that trees would be more effective at reducing the noise. The Chairman asked what size trees the applicant is proposing. Mr. Keplinger said that they would be 5-8 foot Evergreen trees that will mature to 12-15 feet. The Chairman then asked what the hours of operation would be and if there will be any deliveries during the night. The applicant stated that usually the driver will stay at a motel and make the delivery in the morning.
Mr. Kovac stated that he did not feel that the applicant could ‘live up to the I-1 district,’ adding that the applicant should add more Evergreens or a berm. Mr. Keplinger said that they would be willing to add more trees to buffer the noise to the existing residential neighborhoods. Mr. Dougherty agreed with Mr. Kovac suggesting that the applicant may be conducting business in a non-compliant way and citing several complaints from the residents. Mr. Spring asked Ms. Rathbun why she had not complained before. She stated that noise had not been a problem in the past however with the moving of the heavy equipment it is now disruptive. The Chairman said that he would like more trees. Ms. Guinup added that they should be staggered to further reduce the noise. The applicant stated that he is willing to comply and that he would be in contact with the Commissioner of Planning and Development to make any additional necessary changes.
Russ Mitchell said that it was one thing for the applicant to plant trees but another to maintain them.
The applicant was asked if there would be additional lighting and Mr. Keplinger said that there would not be any additional pole lights in addition the applicant is not proposing a sign.
The Chairman closed the Public Hearing and asked for a motion.
A motion was made by Jim Sharpe, seconded by John Dougherty to adopt a resolution using standard form # 10 that the Site Plan proposed by Reserve Supply for the property located at 7707 Henry Clay Boulevard be declared a negative declaration as there appears to be no traffic, drainage or environmental impacts which could not be mitigated an does not involve any other agencies including the Federal Government.
Motion Passed 7-0
A motion was made by Allen Kovac, seconded by Jim Sharpe using standard form # 20 granting Site Plan approval to Reserve Supply based on a map by Bivens and Associates, # L-1 dated 7/9/2008; revised 7/21/2008, subject to the following conditions:
1. Additional deciduous trees will be added.
2. Subject to the Administrative approval of the Final Plat being filed.
3. All Legal and Engineering approvals.
4. No building permits will be issued until Final Plat is filed.
Motion Passed 7-0
2008-4-8 HDL Property LLC, (Proposed Walgreens-7256 Buckley Rd)(3)
Special Permit Advisory Referral – Drive-In Service (Adjourned from 1 previous meeting)
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.) (Adjourned from 1 previous meeting)
Hal Romans was present for the applicant.
Mr. Romans began by asking if the Board had received the updated traffic study. The Chairman replied that he had only received it tonight therefore not permitting him to research the findings of that report. Mr. Romans countered that the previous study dated March of 2005 did take into account the planned Chuck Hafner’s, adding that the Kinney’s Drug store will only generate 1% increase in traffic. Mr. Romans said that they will go from five (5) accesses to three (3) adding that eh would have the traffic study letter at the next meeting.
There was a discussion about the architecture. Ms. Guinup pointed out that the Walgreen’s store will take up the same amount of space as the Hafner retail center.
The Chairman asked if there were any questions from the audience. Russ Mitchell asked where the access onto Allen Road would be. Mr. Romans showed him adding that they moved it a little to reduce speeding. The Chairman asked if there were any more questions and there were none. He stated that he would leave the Public Hearing open.
A motion was made by Hal Henty, seconded by Karen Guinup to adjourn to August 13, 2008.
Motion Passed 7-0
Old Business: Hearings Closed
NONE
New Business: Signs
Hickory Hill Sign Permit # 40387
Dave Balcer presented for the applicant.
The applicant appeared before the Zoning Board of Appeals for a variance regarding the size of the proposed sign. The ZBA approved the variance granting the applicant permission for a 21.5’ tall sign.
A motion was made by Bruce Johnson, seconded by John Dougherty to approve the sign as presented to the Planning Board.
Motion Passed 7-0
Flooring Outfitters – Kimbrook Plaza Sign Permit # 40382
Dave Balcer presented for the applicant. The sign is within the Town code.
A motion was made by Hal Henty, seconded by Jim Sharpe to approve the sign as presented.
Motion Passed 7-0
C-Pap Xpress – Sign Permit # 40340
Dave Balcer presented for the applicant. The sign is within the Town code.
A motion was made by Jim Sharpe, seconded by Allen Kovac to approve the sign as presented.
Motion Passed 7-0
CNY Garage Door – Route 31 Sign Permit # 40361
Dave Balcer presented for the applicant. The applicant is proposing a Canopy Sign. The sign is within the Town code.
A motion was made by Hal Henty, seconded by Jim Sharpe to approve the sign as presented.
Motion Passed 7-0
ADJOURN
A motion was made by Karen Guinup, seconded by Bruce Johnson to adjourn.
Motion Passed 7-0
Meeting Adjourned at 11:22 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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