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Town
of Clay
Approved
Planning Board Minutes
January 28, 2009
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 28th day of January, 2009. 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
John Dougherty Deputy Chairman
Hal Henty Member
Allen Kovac Member
James Sharpe Member
Ron DeTota C&S Engineers
David Balcer Town Planner
Jill Hageman-Clark Planning Board Secretary
ABSENT: Scott Chatfield Planning Board Attorney
Karen Guinup Member
Mark Territo
Commissioner of Planning and Development
Minutes of Previous Meeting
A motion was made by Hal Henty, seconded by John Dougherty to approve the minutes of the previous meeting.
Motion Passed 5-0
Public Hearings:
2008-12-3 Joseph S. Janowski, 8086 Oswego Road – Special Permit Advisory Referral and Site Plan Referral
Joe Janowski presented. The applicant is proposing a medical facility for pediatric care. He described the exterior of the building as having fiber cement siding and being maintenance free. He plans to leave the existing natural vegetation and add a fence to the east side of the parcel as a buffer. The setbacks meet code requirements as does the parking. Mr. Janowski added that there will be 50 spaces and that the code requires 36. He continued by stating that the egress and ingress are from Balboa Road and that there will be no direct access onto Oswego Road. The proposed driveway is 225’ from the centerline of Route 57/ Oswego Road allowing adequate room for stacking. There are sanitary sewers on site. The dumpsters will be enclosed and the enclosure will match the exterior of the building.
Chairman Lepkowski asked how many cars per day they expected. Mr. Janowski said that the maximum number of cars would be 24 per hour and that the facility would operate Monday through Friday from 8:00 AM to 5:00 PM. The Chairman also inquired about the number of examining rooms and the applicant responded that there are twelve. He asked about the entrance of the building and Mr. Janowski said that he entrance will be on Route 57 and that there will be side walks to the front of the building with landscaping that will include grass and trees.
Mr. Janowski explained that the lighting plan included 12’ light poles that will allow for no spill over.
Chairman Lepkowski said that the Onondaga County Planning Board reviewed the Special Permit and the Site Plan and are recommending that the applicant shows drainage mitigation and would like to see cross connections with other parcels zoned commercial. Mr. Janowski said that it would be difficult to connect with the commercial parcels and that he had contacted them regarding this. The Chairman further explained that this would require a super majority vote to be approved. Mr. DeTota said that he would like to have the opportunity to review the Site Plan as he had only received it the day before. Mr. Henty asked if the applicant needed any variances and they do not.
The Fire Marshall commented that the turning radius looked tight. Mr. Janowski said that he would remove a tree to the east side of the rear and part of the island. The Fire Marshall approved the water supply.
Chairman Lepkowski asked if the stockade fence could be board on board. Mr. Janowski agreed noting that he didn’t feel that the fence was necessary down the entire property line because it would be screened by the vegetation. The dumpster enclosure will be constructed to match the building.
Mr. Rich a resident at 8056 Oswego Road sent a letter in favor of this plan.
A motion was made by Hal Henty, seconded by James Sharpe to adjourn this meeting to February 11, 2009 to allow the Town Engineer to review this.
Motion Passed 5-0
2008-12-4 Donald Grimsley & Grimsley Properties, LLC, 5328 & 5332 W. Taft Road – Zone Change Recommendation, R-10 to O-1
Hal Romans was present for the applicant.
Mr. Romans explained that this property is located on the south side of West Taft Road. The applicant has a Special Permit to allow for an In Home Occupation however since this permit was obtained the applicant no longer lives at said property and has increased the number of employees.
In effort to not be in violation, the applicant is proposing to combine both lots allowing enough Highway frontage to apply for a zone change. The applicant is not planning to change the structure and plans to continue to rent the house as a residence.
There was a lengthy discussion about the residential use remaining on the parcel if it were to be rezoned for office use. In addition the possibility of closing one of the driveway was discussed. The applicant said that he would like to retain both driveways as only one will be used for the business but understands that it will need to obtain a permit for a commercial drive. Mr. Henty asked if the parking lot is asphalt and it is. He also asked if it is striped and it is not.
Dan Barnaba asked if the reason the applicant was before the board was due to the extra employees. The Chairman explained to Mr. Barnaba, that a Special Permit for an in home occupation only allows for the residents of the property to work there.
The Chairman said that the Onondaga County Planning Board recommended a single lot, with a single driveway with future interconnection with other parcels. The Chairman concluded by saying that he would close the Public Hearing and that the comments from the Onondaga County Planning Board will need to be addressed. A recommendation will be made at a later date.
Old Business: Adjourned Hearings
2008-6-1 Clay South Development Co., LLC (3), Amended Site Plan – South side NYS Route 31 (Lowe’s out parcel) (Adjourned from 5 previous meetings)
The applicant requested an adjournment.
A motion was made by Allen Kovac, seconded by James Sharpe to adjourn this public hearing to February 25, 2009.
Motion Passed 5-0.
2008-8-5 HDL Property LLC (3) Site Plan, 7256 Buckley Road (Walgreens) (Adjourned from 4 previous meetings)
The applicant requested an adjournment to February 11, 2009.
A motion was made by John Dougherty, seconded by Hal Henty to adjourn this meeting to February 11, 2009.
Motion Passed 5-0.
Old Business: Hearings Closed
NONE
Work Session
Woodside Developers, Inc., Woodside Runne – PDD Project Plan Discussion
Hal Romans was present for the applicant. Mr. Romans wished to discuss the commercial portion of the PDD. Mr. Romans said that he had spoken with Jim Stelter of the Onondaga County Department of Transportation regarding crosswalks but had not really made any progress. Chairman Lepkowski said that he needed more time to look at set backs and parking in addition to looking at the uses for the commercial property. Mr. Romans said that he would put it into a report for the next meeting. There was a discussion about the mailboxes and fences with regards to consistency. The applicant is proposing an 8’ privacy fence to match the trim on the buildings. He added that they would allow sheds but limit the size.
Mr. Romans said that Mr. Bragman Jr. would bring in a light fixture to the next meeting.
The Chairman said that he would like to iron out the details over the next two meetings.
The applicant will return to the next meeting.
Eldan Homes, The Estates at Wildflower, Cluster Subdivision Discussion
Dan Barnaba and Doug Beachel were present for the applicant. Mr. Barnaba began by stating that New York State Town Law states that clustering defines lot sizes differently than does Clay’s Code. He stated that Clay’s Code stipulates a RA-100 zoned lot could be clustered to have a minimum of 40,000 square feet but less than 100,000 square foot maximum. He stated that there are a variety of lot sizes, none being greater than 100,000 square feet. They have made adequate economical provisions; for example, there is less road area, therefore reducing the impact on the environment. They are allowing for green space and wetlands, in effect preserving the natural beauty of the land. Finally, this is a more efficient land use. Mr. Barnaba continued by stating that they have reduced the lots to seperate the green space, therefore negating the necessity for any variances for the lot size.
The applicant proposed that the green spaces would be owned by Eldan Homes until a nature preserve entity has been established. Furthermore the septic will now be within the confines of the property. The Chairman felt that the ownership of the ‘green space’ area should not be maintained by the current applicant, and this area must be dedicated to a ‘nature preserve’ group or a homeowners association.
Chairman Lepkowski asked about the reasons for clustering. The applicant said that it would decrease the cost for roadways making it a more economical solution. The applicant discussed his previous Zone Change request that had been denied.
Mr. Dougherty asked about the price of the finished product. The applicant said that they would be around $325,000.00, adding that there is a market for this. Mr. Dougherty asked about the drainage stating that it looks like it grades down. Mr. Beachel said that it is possible in the green area, but that the Town Engineer and the Highway Department will have input of where it is.
The Chairman said that he felt that he is in favor of clustering and did not see any issues that could not be worked out. He added that the green areas will need to be dedicated.
Mr. Dougherty agreed.
Chairman Lepkowski said that he approved the conceptual plan adding that clustering works nicely and allows for Forever Green Areas.
A motion was made by John Dougherty, seconded by Hal Henty that clustering is appropriate for this site, and the issue of who the open space will be dedicated to must be clearly spelled out in any approvals.
Motion Passed 5-0
New Business: Signs
Tim Horton’s Sign Permit # 40731
Peter Nazarante was present. The applicant is proposing a 43.31sf sign for the front of the building. He added that he would like to have a sign to the side of the building due to the location of the building, the second wall sign is 34.22 sf. The directional drive-thru’s are within the code as they do not advertise the business and will only be used to direct the traffic flow.
A motion was made by Hal Henty, seconded by Allen Kovac to approve this permit as presented.
Motion Passed 5-0
Hobby Lobby Sign Permit # 40712
The applicant is proposing a sign to be place on the Freestanding COR sign below Lowe’s. The board asked if COR was aware that the proposed sign would use all of the available space for the other out parcel as well as for the Hobby Lobby.
The applicant produced a letter from Kate Johnson of COR, approving the sign.
Dave Balcer said that he would follow up with a letter to COR explaining that when the out parcel is leased, the freestanding sign will have no space to allow signage for that business. The applicant agreed. The applicant is also proposing multiple wall signs. Chairman Lepkowski said that the applicant will need to gain an interpretation from the Commissioner of Planning and Development, apply for an area variance, or limit the wall signs to two.
Allstate 7575 Buckley Road; Sign Permit # 40715
The applicant wishes to reface the existing 2’ x 12’ sign.
A motion was made by James Sharpe, seconded by Allen Kovac to approve this permit as presented.
Motion Passed 5-0
Walmart – 3949 Route 31; Sign Permit # 40718
The applicant is proposing four wall signs in a zoning district that only allows two.
The Board approved the wall WALMART * sign as presented and choice of one of the other three; the applicant can decide which other one sign they want. If the applicant wanted all four signs they must obtain a variance or seek interpretation from the Commissioner for additional signage.
China Garden -Route 57: Sign Permit # 40722
The applicant is proposing a sign that does not meet the sign code. After some discussion it was decided that the applicant must remove the bottom sign or reduce the size of the top sign.
ADJOURN MEETING
A motion was made by Hal Henty, seconded by John Dougherty to adjourn.
Motion Passed 5-0
Meeting adjourned at 10:05 PM.
Respectfully Submitted,
Jill Hageman-Clark
Planning
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